Indiana Code

Ind. Code § 31-9-2-28 (2026)

"Court appointed special advocate"

✓ current as of May 2026

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Sec. 28. (a) "Court appointed special advocate", for purposes of IC 31-15-6, IC 31-17-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5, IC 31-32-3-10.5, and the juvenile law, means a community volunteer who:

(1) has completed a training program approved by the court;

(2) has been appointed by a court to represent and protect the best interests of a child; and

(3) may research, examine, advocate, facilitate, and monitor a child's situation.

(b) "Court appointed special advocate", for purposes of IC 31-32-3-10.5, IC 31-33, IC 31-34, IC 31-35, and IC 31-37, means a community volunteer who:

(1) has completed a training program approved by the court that includes training in:

(A) the identification and treatment of child abuse and neglect; and

(B) early childhood, child, and adolescent development;

as required by 42 U.S.C. 5106a(b)(2)(B)(xiii);

(2) has been appointed by a court to represent and protect the best interests of a child; and

(3) may research, examine, advocate, facilitate, and monitor a child's situation.

[Pre-1997 Recodification Citations: 31-1-11.5-28(a); 31-6-1-6 part; 31-6-1-12.]

As added by P.L.1-1997, SEC.1. Amended by P.L.196-1997, SEC.1; P.L.14-2000, SEC.63; P.L.133-2008, SEC.5; P.L.48-2012, SEC.12; P.L.120-2018, SEC.1.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2003–2024 · leading case: In Re Adoption of BCS, 793 N.E.2d 1054 (Ind. Ct. App. 2003).

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In Re Adoption of BCS, 793 N.E.2d 1054 (Ind. Ct. App. 2003). · cites it 2× “Ind.Code § 31-9-2-28. Under the statutory definitions, a CASA and a guardian ad litem function in the same capacity at the trial court.”

In Re Billy W., 875 A.2d 734 (Md. 2005). “1 (1993); Ind.Code Ann. § 31-9-2-28 (1997); Me.RevStat.”

Indiana Dep't of Child Servs. v. T.S., 908 N.E.2d 1176 (Ind. Ct. App. 2009). · cites it 2× “Ind.Code § 31-9-2-28 (2008). Generally, the appointment of a GAL or a CASA is left to the discretion of the trial court.”

In Re Ns, 908 N.E.2d 1176 (Ind. Ct. App. 2009). · cites it 2× “Ind.Code § 31-9-2-28 (2008). Generally, the appointment of a GAL or a CASA is left to the discretion of the trial court.”

Gibson v. Fam. Serv. Div. (N.D. Ind. 2024). · cites it 2× “Ind. Code § 31-9-2-28 . Such advocates are immune to claims arising within the scope of their court-appointed duties.”

In the Matter of the Termination of the Parent-Child Relationship of A.A.D. & A.C.D. E.B. (Mother) v. The Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). “[11] A CASA is a community volunteer who has been appointed by the trial court to represent and protect the best interests of a child with services requested by the court, including researching, examining, advocating, facilitating, and monitoring the child’s situation.”

— Ind. Code § 31-9-2-28(b) — 1 case

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