Court Appointed Special Advocates

Last updated

Court Appointed Special Advocates
AbbreviationCASA
Formation1977
Type Youth organization
Legal statusNon-profit organization
Headquarters Seattle, Washington
Region served
United States
Website www.nationalcasagal.org

Court Appointed Special Advocates (CASA) is a national association in the United States that supports and promotes court-appointed advocates for abused or neglected children. CASA are volunteers from the community who complete training that has been provided by the state or local CASA office. [1] They are appointed by a judge, and their role is to gather information and make recommendations in the best interest of the child, keeping the child's personal wishes in mind. [2]

Contents

According to the National CASA Association, there are more than 93,000 volunteers nationwide, serving in 49 states and the District of Columbia. North Dakota is the only state without a CASA program. [3] Each year more than a quarter of a million children are assisted through CASA services. [1]

History

In 1977, Seattle Superior Court Judge David Soukup was faced with making decisions on behalf of abused and neglected children with only the information provided by the state Child Protective Services. Soukup formulated the idea that volunteers could be dedicated to a case and speak for children's best interests. [4] Fifty volunteers responded to his idea, which started a movement to provide better representation for abused and neglected children throughout the United States. [5] By 2007, the National CASA Association had served 2 million children nationwide. [6]

Current situation

Since its founding, CASA programming has grown to cover 49 U.S. states and the District of Columbia. [3] Each state's program is responsible for developing and funding a budget. [7] Some state and local agencies receive government funding, while others do not. The National CASA agency relies on pass thru grants from the Office of Juvenile Justice and Delinquency Prevention as well as partnerships with non-profit organizations, philanthropic corporations, and community action groups. [8]

CASA are generally appointed at the first hearing for the welfare of a child. [9] In some states, a child will be assigned a lawyer as guardian ad litem (GAL) to represent the child in court. The GAL can double as a CASA, and in some situations, a child will be assigned both a CASA and a GAL. [1]

There are over 400,000 children aged 0–21 in foster care in the US. [6]

The U.S. Department of Justice, the principal financial supporter of the National CASA/GAL Association, issued a "High Risk Letter" dated March 29, 2023, signaling a temporary suspension of funding. This communication followed a comprehensive joint review conducted in October 2022 by the department's juvenile justice and finance offices. The funding suspension arising from this determination has led to staff furloughs at the organization's three national offices located in Seattle, Atlanta, and Washington, D.C. Additionally, it has caused delays in the disbursement of pass-through grants to certain local CASA/GAL nonprofits and has contributed to escalating internal tensions within the organization. [10]

Training

CASA are volunteers from the community who complete training that has been provided by the state or local CASA office. [11] The training consists of a minimum of 30 hours classroom instruction, court observation, and continued training each year. [12] CASA must also pass a criminal background check. [13] Each state develops its own program, implementing the national training and program standards. There are no educational requirements that CASA volunteers must meet, other than completing the training. [1]

Criticism

A 2019 study commissioned by Texas CASA looking at the outcomes of 31,754 children found that children assigned a CASA in Texas were less likely to reach any type of permanency as a final case outcome. The study controlled for selection bias in previous studies whereby CASAs were appointed to the toughest cases. The study notes that its results are limited to the Texas programs and do not generalize to other states, did not confirm whether a CASA actually worked on each included case where a judge appointed one, and that it focused exclusively on legal permanency but not wellbeing or long-term effects. [14] One law review article has found "structural racism" in CASA programs whereby volunteers overwhelmingly come from white and middle class backgrounds but are sent to investigate families that are disproportionately nonwhite and poor. [15]

See also

Related Research Articles

<span class="mw-page-title-main">Juvenile delinquency</span> Illegal behavior by minors

Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. These acts would otherwise be considered crimes if the individuals committing them were older. The term delinquent usually refers to juvenile delinquency, and is also generalised to refer to a young person who behaves an unacceptable way.

A legal guardian is a person who has been appointed by a court or otherwise has the legal authority to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward's housing or medical care or manage the ward's finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward.

The United States Children's Bureau is a federal agency founded in 1912, organized under the United States Department of Health and Human Services' Administration for Children and Families. Today, the bureau's operations involve improving child abuse prevention, foster care, and adoption. Historically, its work was much broader, as shown by the 1912 act which created and funded it:

The said bureau shall investigate and report to [the Department of Commerce and Labor] upon all matters pertaining to the welfare of children and child life among all classes of our people, and shall especially investigate the questions of infant mortality, the birth-rate, orphanage, juvenile courts, desertion, dangerous occupations, accidents and diseases of children, employment, legislation affecting children in the several states and territories.

<span class="mw-page-title-main">Juvenile court</span> Court to try minors for legal offenses

Juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults who have committed the same offense. Juveniles have a lack of capacity for understanding their criminal acts, meaning they also have diminished criminal responsibility compared to their adult counterparts.

<span class="mw-page-title-main">Juvenile Justice and Delinquency Prevention Act</span>

The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) is a United States federal law providing formula grants to states that follow a series of federal protections on the care and treatment of youth in the juvenile justice and criminal justice systems.

<span class="mw-page-title-main">American juvenile justice system</span> Aspect of American justice system

The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.

Child protective services (CPS) is the name of an agency responsible for providing child protection, which includes responding to reports of child abuse or neglect. Some countries and US states use other names, often attempting to reflect more family-centered practices, such as department of children and family services (DCFS). CPS is also sometimes known by the name of department of social services, though these terms more often have a broader meaning.

The child-saving movement emerged in the United States during the nineteenth century and influenced the development of the juvenile justice system. Child savers stressed the value of redemption and prevention through early identification of deviance and intervention in the form of education and training.

Reclaiming Futures is a non-profit organization aimed at assisting teenagers out of trouble with drugs, alcohol and crime. It began in 2001 with $21 million from The Robert Wood Johnson Foundation. As of 2010 it operates with funding from the Robert Wood Johnson Foundation, the U.S. Office of Juvenile Justice and Delinquency Prevention (OJJDP), the Center for Substance Abuse Treatment and the Kate B. Reynolds Charitable Trust.

In the United States, Child and Family Services Reviews (CFSR) are conducted by the federal Children's Bureau, within the United States Department of Health and Human Services, to help states improve safety, permanency and well-being outcomes for children and families who receive services through the child welfare system. The Bureau conducts the reviews to ensure conformity with federal child welfare requirements, to determine what is actually happening to children and families in child welfare services, and to assist states in helping children and families achieve positive outcomes. The CFSRs monitor States' conformity with the requirements of title IV-B of the Social Security Act. The first round of reviews took place between 2000 and 2004 and the second round took place between 2007 and 2010. In both rounds, all States were required to implement Program Improvement Plans (PIPs) as part of the review process. The third round of CFSRs took place between 2015 and 2018; a complete aggregate report of those findings has yet to be released.

Juvenile delinquency in the United States refers to crimes committed by children or young people, particularly those under the age of eighteen.

<span class="mw-page-title-main">Gladys Carrion</span> American politician

Gladys Carrión is an Adjunct Research Scholar with Columbia University's Justice Lab. She was the Commissioner of the New York City Administration for Children's Services (ACS) until 2017 and a nationally recognized advocate for improving child well-being.

The Dave Thomas Foundation for Adoption is a nonprofit public charity dedicated to finding permanent homes for children waiting in foster care in the United States and Canada. Created in 1992 by Wendy's founder Dave Thomas, who was adopted, the Foundation implements evidence-based, results-driven national service programs, foster care adoption awareness campaigns and innovative grantmaking.

<span class="mw-page-title-main">Nimfa C. Vilches</span> Filipino judge

Nimfa Cuesta Vilches was a Senior Deputy Court Administrator (DCA) at the Office of the Court Administrator (OCA), Supreme Court of the Philippines. She was a regional trial court judge in Manila until her appointment as Assistant Court Administrator in 2006 and as DCA in 2008. She was a family law expert in the Philippines and in the international legal community.

<span class="mw-page-title-main">Youth incarceration in the United States</span>

The United States incarcerates more of its youth than any other country in the world, through the juvenile courts and the adult criminal justice system, which reflects the larger trends in incarceration practices in the United States. In 2010, approximately 70,800 juveniles were incarcerated in youth detention facilities alone. As of 2006, approximately 500,000 youth were brought to detention centers in a given year. This data does not reflect juveniles tried as adults. As of 2013, around 40% were incarcerated in privatized, for-profit facilities.

The Missouri Department of Social Services (DSS) is a state agency of Missouri. It has its headquarters in the Broadway State Office Building in Jefferson City. The department operates the state's social services.

<span class="mw-page-title-main">Gender responsive approach for girls in the juvenile justice system</span>

Gender responsive approach for girls in the juvenile justice system represents an emerging trend in communities and courts throughout the United States, Australia and Latin America, as an increasing number of girls are entering the juvenile justice system. A gender responsive approach within the juvenile justice system emphasizes considering the unique circumstances and needs of females when designing juvenile justice system structures, policies, and procedures.

<span class="mw-page-title-main">Public Defender Service for the District of Columbia</span>

The Public Defender Service (PDS) for the District of Columbia provides legal defense to individuals on a court-appointed basis for criminal and delinquency cases indigent adult and juvenile defendants/ respondents. Its Mental Health Division provides representation to persons facing involuntary civil commitment based on allegations that the person is a danger to self or others as a result of mental illness. Its parole division represents parolees charged with violating parole and facing revocation before the United States Parole Commission. PDS also provides other legal-related services in DC.

Youth intervention is a practice within the field of youth services. This practice is designed to intervene when young people are at risk of or beginning to make poor decisions that can have lifelong negative impacts. Youth intervention is intended to support academic achievement and prevent juvenile delinquency.

Donald N. Duquette is an American child advocate, clinical law professor, author, and academic. He is a Clinical Professor of Law Emeritus and the Founding Director Emeritus of the Child Advocacy Law Clinic at the University of Michigan Law School. He is most known for his contributions to the area of child advocacy and child welfare and has been a recipient of numerous awards, including the Michigan Governor's Task Force on Children's Justice Ernie Moore Justice for Children Award and a Lifetime Achievement Award from the National Association of Counsel for Children.

References

  1. 1 2 3 4 "CASA History".
  2. ↑ "The CASA/GAL Model". National CASA/GAL Association for Children. Retrieved July 20, 2020.
  3. 1 2 "Programs". National CASA/GAL Association for Children. Retrieved July 20, 2020.
  4. ↑ "History". National CASA/GAL Association for Children. Retrieved July 17, 2020.
  5. ↑ "CASA History". www.ohiocasa.org. Archived from the original on May 5, 2012.
  6. 1 2 "CASA/GAL for Children". CASA/GAL for Children. Retrieved July 8, 2020.
  7. ↑ "State of the States: How State CASA Organizations Compare". May 5, 2008. National CASA Assiciation.
  8. ↑ "Impact Partners". National CASA/GAL Association for Children. Retrieved July 9, 2020.
  9. ↑ Lawry, Mercedes (1997). Court Appointed Special Advocates  : A Voice for Abused and Neglected Children in Court. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.
  10. ↑ Fitzgerald, Michael (November 17, 2023). "DOJ Freezes Funding for National Child Advocates Group". The Imprint. Retrieved November 27, 2023.
  11. ↑ "Become a Court Appointed Special Advocate". Kids Matter Inc. Retrieved July 20, 2020.
  12. ↑ "Volunteer". Central Georgia CASA. Retrieved July 20, 2020.
  13. ↑ "FAQs about becoming a CASA – California CASA Association". www.californiacasa.org. Retrieved July 20, 2020.
  14. ↑ Osborne, Cynthia (October 14, 2019). "The Effect of CASA on Child Welfare Permanency Outcomes". Child Maltreatment. 25 (23).
  15. ↑ Urs, Tara (February 27, 2017). "However Kindly Intentioned: Structural Racism and Volunteer CASA Programs". CUNY Law Review.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.