By James McCabe, editor · How this site is researched
Your neighbor asks how "your kid" is doing. A foster parent wants to know what the mother said at the last visit. A teacher asks why the child was moved. Each is a confidentiality question, and most come up in the first month. This guide covers where the duty comes from, who you can talk to, and the habits that keep a volunteer out of trouble.
Where the duty comes from
Your program's standards. The National CASA/GAL Association's Standards for Local CASA/GAL Programs (2020, effective January 1, 2021) require every program to follow written policies on access to, use of and release of information about the children it serves (Standard 4.B.1). Volunteers take an oath of confidentiality after pre-service training and sign a confidentiality statement on each case (Standard 4.B.3). Access to records is limited to the court, authorized program staff and others permitted by statute or the court (Standard 4.B.6). Ohio CASA's overview of the 2020 standards lists what a program must keep on file for every volunteer: a signed confidentiality statement, a signed social media policy and a signed conflict of interest policy.
State records law. Abuse reports and agency case records are confidential by statute, and the statute names who may see them. Florida Statutes section 39.202(1) says department records on reports of abandonment, abuse or neglect "shall be confidential" and "shall not be disclosed except as specifically authorized by this chapter." Subsection (2) lists the child's guardian ad litem among those with access, and subsection (9) makes knowing disclosure of hotline information to an unauthorized person subject to the penalties in section 39.205. Washington RCW 13.34.105(3) works the same way: on presenting the appointment order, the GAL may inspect and copy records from agencies, schools, health providers and police, and under subsection (5) releases case information only as RCW 13.50.100 allows.
The appointment order and the GAL statute. North Carolina G.S. 7B-601(c) gives the GAL authority to obtain "any information or reports, whether or not confidential," and then sets the limit in the same sentence: "The confidentiality of the information or reports shall be respected by the guardian ad litem, and no disclosure of any information or reports shall be made to anyone except by order of the court or unless otherwise provided by law." You can see almost everything. You can repeat almost nothing.
Who you can talk to
Programs draw this line in writing, and the lists are narrow. The Iowa CASA Program's confidentiality policy, published as a model by National CASA, lets volunteers discuss the case with the legal parties and their representatives: the child's attorney, the parents' attorneys, the agency case manager, the juvenile court officer, the county attorney and the judge. For everyone else, including teachers and therapists, the policy says the volunteer gathers information but "does not disseminate confidential information about the case directly to them." The exception is a formal staffing where the permanency plan is discussed. Reports go only to the legal parties.
Virginia's regulations for CASA programs, 6VAC20-160-70, show the other side of the balance. Volunteers must follow program policy on "confidentiality of records and information," but subsection B says that "to the extent permitted by state and federal confidentiality laws, CASA volunteers should share information gathered with other involved professionals whenever possible and practicable." Confidentiality is a rule about the audience, not a reason to sit on a concern. Our guide on working with the professionals on a case covers how those conversations usually go.
What this looks like on a Tuesday
A foster parent calls and asks what the mother's drug screen showed. The screen is in the agency file you were allowed to read. The foster parent is not a party. The answer that works: "I can't share what's in the agency records, but if there's something you need for the child's care, the caseworker can tell you what you're entitled to know." Then you note the call. A line in your case notes might read: "10/21, 4:10 pm, phone, foster mother R. asked about results of mother's screen; declined, referred to CW." That is a documented refusal, which is what a supervisor wants to see. See our guide on case notes that hold up for the format.
The teacher question is different. You may ask about attendance, grades and behavior because your order lets you gather information. You do not explain why the child moved placements. "I'm the child's court-appointed advocate and I'm checking on how school is going" is the full introduction. If the teacher needs information to help the child, that request goes to the caseworker.
Five habits that prevent most problems
- No names outside the case. Not at church, not to your spouse, not to the neighbor. "I have a case" is the complete answer.
- No social media, ever. The 2020 standards require a signed social media policy (Standard 8) and prohibit photos of children for social media, marketing or personal use without written authorization from the legal guardian (Standard 8.F.10). A photo of a child's drawing with a first name on it is a disclosure.
- Carry nothing you do not need. Agency records stay in the program's secure system. Visit notes go into the program file, not a kitchen drawer.
- Redirect, do not debate. Point people who are not entitled to information to the caseworker or the court. You do not have to explain the statute.
- Return everything at closure. Standard 10.B.3 requires volunteers to turn in complete case records, including all notes, when the case closes, and Standard 8.F.5.r requires the file and notes to come back when an assignment ends. Nothing stays with you.
Two things confidentiality does not stop
First, it does not stop you from telling the court. Your report and testimony are the point of the appointment, and what you learned from confidential records belongs in both, in the form the court and your program allow. Our guide on testifying as a GAL volunteer covers how records come up on the stand. Second, it does not stop you from reporting a safety concern to your supervisor, the caseworker or, where the law requires it, the state hotline. Washington's statute says a GAL "may release confidential information, records, and reports" to the state family and children's ombuds. When in doubt, the question for your supervisor is not "can I talk about this" but "who is the right person to hear it." Your state's page on this site, for example North Carolina or Virginia, lists the statute that governs records there.
Common questions
Can a CASA volunteer tell family or friends about their case?
No. Volunteers sign a confidentiality statement on each case under National CASA/GAL Standard 4.B.3, and state statutes such as N.C.G.S. 7B-601(c) bar disclosure of case information except by court order or as the law allows. Saying you have a case is the complete answer.
Can a volunteer share case information with the foster parent?
Generally only what the foster parent is entitled to for the child's care, and usually through the caseworker. Program policies like Iowa CASA's limit case discussion to the legal parties and their representatives, and a foster parent is normally not a party.
Can I talk to the child's teacher or therapist?
You may gather information from them under your appointment order. Program policies typically say you do not pass confidential case information to them directly, except in a formal staffing or team meeting.
Can a volunteer post about the case on social media?
No. The 2020 National CASA/GAL standards require a signed social media policy and prohibit photos of children for social media, marketing or personal use without written authorization from the legal guardian. Even a first name or a photo of a drawing can be a disclosure.
Does confidentiality stop me from reporting a safety concern?
No. Confidentiality governs who may receive information, not whether a concern gets raised. Report it to your supervisor and the caseworker, or to the state hotline where the law requires it, and put what you learned in your court report.
This is general information, not legal advice. Rules differ by state, county and courtroom, and they change. Verify anything time-sensitive with your supervising GAL staff, the court or a licensed attorney in your state.