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CASA Necessity
Close to 500,000 children in the United States are in foster care, many of them as a result of abuse and neglect. Sometimes this means children spend much of their lives waiting to see if they will be returned to their biological parents. Sometimes the result is far worse.
CASA Youth Advocates' client base includes children on whose behalf petitions, alleging abuse and neglect, are filed in the Delaware County Dependency Court.
According to the 20th Annual Child Abuse Report published by the Pennsylvania Department of Public Welfare, over 34,109 reports of abuse and neglect were investigated in Pennsylvania in 1995. Nearly 28% of these cases (6,891 children) were substantiated. Deaths from abuse were reported at 61, up from the 1994 figure of 53.
Of the 891 cases of abuse reported in Delaware County alone, 204 cases were substantiated. This figure, however, does not include the 794 unnumbered cases of neglect (those cases which are investigated by the General Protective Services Agency but not submitted for reporting). Currently, there are approximately 900 active cases of abuse and neglect in the Delaware County Dependency Court.
When these cases reach the court, a judge must decide where the child will live, for how long and under what conditions. Also, the judge must decide what services and treatment should be ordered, what steps should be taken to reunite the child and the birth parents, or to place the child in a new family unit. On average, a judge has approximately ten minutes to decide the future of a child. Therefore, it is important that the judge has all the facts needed to make well-informed decision. Many of those facts are not provided.
Through the passage of the Child Abuse Prevention and Treatment Act of 1974, each state is required to provide a Guardian Ad Litem (GAL) for children who enter judicial proceedings as a result of abuse or neglect. A GAL is defined as a person appointed by the court to promote and protect the best interests of the child. Since the state of Pennsylvania mandates that the GAL must be an attorney (as is the case with Delaware County) some counties operate with very few GALs to oversee the cases of thousands of children.
As a result of the burden placed on these attorneys, CASA/Youth Advocates, Inc. was formed to serve the needs of these children in Delaware County. Presently, approximately 900 children in the Delaware County dependency court system are represented by only two attorneys who are assigned as GALs to oversee these cases. These attorneys have neither the time nor the resources necessary to administer to all the needs of these children, and it is difficult for them to advocate for the specialized services and proper placements.
Abused and neglected children need an advocate to see that their individual needs are met while they are involved with the dependency court system, and that they are moved through the system as expeditiously and safely as possible.
CASA/Youth Advocates, Inc. utilizes trained volunteers to assist the two GALs in their quest to most judiciously act in the best interests of the child. Although only the two GALs are required to make direct recommendations to the court, they often never meet with the children. In contrast, an independent advocate (the CASA) is responsible for thoroughly investigating the case, speaking with professionals involved with the child, and closely monitoring the child's situation for the duration of the case.
The CASA continually monitors the child's situations and tries to assure that the child is provided with any services which are needed or mandated by the court. The CASA speaks for the child both in and out of court, and represents only the needs of that child. Ultimately, the CASA reports findings to the court and all parties involved with the cases.
The CASA has the full support of the Court (by way of a Court Order) to obtain any documents, records or other information regarding the child. The CASA's work is performed independent of any governing or local agency which may also be involved in the case, and is not mandated by certain actuarial procedures which may inhibit acting in the child's best interest.
CASA Relations to Other Professionals
Attorneys - Attorneys are normally kept apprised of contacts with their clients and of relevant changes in a child's situation. Attorneys receive CASA court reports and should include CASA's in settlement conferences.
Social Workers/Caseworkers - The CASA and the social workers will be in close communication and share information on most cases. It is of critical importance that the two parties' roles are clear. CASAs do not deliver services but may locate and recommend them for a child or family. In many states, they often have input in the development of a case plan or may recommend a revision, but they do not formulate the plan.
Foster Parents - The CASA communicates frequently with the foster parent. They report changes in behavior, school performance, medical or social needs, and often provide practical information.
Foster Care Reviewers - The CASA can provide the reviewers and the court with independent information on the social service agency's provision of reasonable efforts under P.L 96-272, the Adoption Assistance and Child Welfare Act of 1990.
School Personnel - The CASA often contacts school teachers, principals and counselors of school-age children to see how they are progressing in school. If they have special educational needs, they check to insure they are met.
Mental Health/Substance Abuse Therapists and Counselors - Since the CASA is court-appointed and acts under a signed Court Order, treatment professionals can communicate with and release information to the CASA. Parents' progress in treatment and compliance with the court ordered treatment can thus be monitored.
Medical/Public Health Professionals - Again, with the appropriate Court Order, relevant medical records can be obtained and communication with medical professionals about the child's condition can occur.
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