Echos of Our Future

At least 20% of our young adult population is experiencing the effects of having been reared in adverse environments. Their ability to develop and maintain close personal relationships has been jeopardized. Our society is slow, even dormant, in recognizing the connection between these negative early childhood experiences and future adult behaviors. Each year another million of our children have their development "tape" imprinted in a similar fashion.¹

These words resounded through my psyche as I peered into the life of the child chronicled before me in a Child Protective Services ("CPS") file. The tragedians in this journal comprise a nonexistent father, an abusive, alcoholic mother and a small frightened child struggling to survive her caustic existence.

The only world she knew was filled with substance abuse, prostitution and domestic violence. Her somber, brown eyes witnessed her mother with numerous male companions; her nose tolerated the constant stench of stale beer; her delicate frame endured countless beatings; her heart languished while Mom sold her bruised body to strangers; her soul ached with the ridicule and shame of desperate circumstances she was powerless to alter. As I read, deciphering the macabre pattern of her life, I vacillated between revulsion and anger.

Atypical? An isolated incident? Sadly, no. Similar accounts are recorded each day in CPS files across the United States - in your state - in your community. Heartrending childhood memoirs written on small battered pawns by brutal inquisitors, who were themselves victims not so very long ago. This destructive cadence perpetuates itself in each successive generation. During the earliest, most impressionable period of life, while a child is under the exclusive care of its own family before contact is made with the wider culture, the patterns are transmitted from caretaker to child, and the potentials for physical abuse, neglect and sexual exploitation are recreated for yet another generation.²

As a Court Appointed Special Advocate ("CASA") volunteer, my aim is to help break this cycle of abuse. The child described above is real, but I was not appointed by the court to represent this now 14-year-old girl. I have been assigned to be the advocate for her baby; so perhaps, in the life of this newborn, history will not repeat itself. And if providence shines favorably, CASA may be able to help them both.

In 1976, Presiding Justice David Soukup, King County Superior Court, Seattle, Washington, obtained funding to recruit and train volunteers to speak for these children. Judge Soukup realized that many court appointed attorneys had neither the time nor the training to extensively research each case to advise the court of the best interests of each child. And even in cases where the court did have complete information upon which to base its ruling, many children were then "lost" in the bureaucracy of the system. Judge Soukup's inspiration was to train community volunteers who would advocate for only one or two children to assure adequate time for investigation and follow-up for each child. From the vision of one man grew a national organization known as the National Court Appointed Special Advocate Association. Justice Soukup said: As a judge, I had to make a tough decision. I had to decide whether to take a child from the only home he's ever known, or leave him some place where he might possibly be abused. I needed someone who could tell me what was best for that child - from the child's viewpoint. That's what CASA does.

There are currently 641 programs throughout the 50 states, with 38,000 volunteers. CASA helps approximately 129,000 children annually. Many of CASA's funds are provided by foundations, corporations and individuals.

Whether the child is represented by a lawyer or a nonlawyer or some combination, I suggest that the child advocate's role should be aggressive, ambitious, and encompass both legal and nonlegal interests of the child...Advocacy for children includes traditional courtroom advocacy but also emphasizes out-of-court advocacy in informal meetings with the agencies and over the phone to other service deliverers.³ Statutes in all states require or permit the appointment of an advocate for the child in child protection cases.⁴

In 1993, CASA received the endorsement of the ABA. The resolution was introduced by National CASA President Judge Tom McDonald and reads as follows: Be it resolved that the American Bar Association endorses the concept of utilizing carefully selected, well-trained lay volunteers - Court Appointed Special Advocates (CASA) - in addition to providing attorney representation, in dependency proceedings to assist the court in determining what is in the best interest of abused and neglected children. Be it further resolved that the American Bar Association encourages its members to support the development of CASA programs in their communities.

CASA's mission is to train and support volunteers who are appointed by the court to advocate for children who are enmeshed n the court system. CASA's goal is to achieve a permanent living arrangement for the child which serves that child's best interests. The role of a CASA volunteer is threefold:

1. to serve as a fact finder for the judge by thoroughly researching the background of each case (you are the eyes and ears of the court);
2. to speak for the child in the courtroom representing the child's best interests (you are the voice of the child); and
3. to continue to act as the child's advocate during the life of the case providing continuity until a permanent resolution has been reached (you are the hands and heart of the community). By monitoring the case, you ensure that the child is not "lost" or "forgotten" in the system.

In 1995, 3.1 million children in the United States were reported as victims of suspected child abuse or neglect; 46 of every 1,000 children, nearly 5%, were reported victims.⁵ Each year, more than 1,100 children die of this abuse and neglect. CASA's number one priority is to assist in child protective cases. Therefore, in many areas of the country, CASA is only assigned to cases of suspected child abuse. However, in some counties, where there are a sufficient number of volunteers, CASA is able to accept juvenile delinquency and disputed custody cases also.

As a paralegal, there have been times I have "taken a deep breath" and put aside my personal feelings to do my job. I have been involved in family law litigation, such as disputed custody cases, where I wished I could ask both parents if they realized their child was neither a possession to be bartered for nor a prize to be won.

In this type of circumstance, as a CASA volunteer, I can communicate to both parents how their destructive behavior is affecting their child, and what is more important, I can bring the issue before the judge. Frequently, CASA recommends parenting classes, counseling or other like services.

Of course, the ultimate decision rests with the judge. Until I became a CASA volunteer, I never realized the difficult task we place before our judges. The paralegal and attorney have one focus - to champion the cause of the client and to present and defend that position. All documents are drafted form that perspective.

CASA volunteers are assigned to represent the best interests of the child from an unbiased point of view. The responsibility shifts from maintaining and defending a position to advocating a course of action to aid a child, based only on evidence objectively construed. It is harder than one might think. Drafting recommendations and proposed orders from this purview becomes more difficult. And because cases are seldom "Mr. Do-Right v. The Evil Villain," the optimum resolution for the child can be obscure. I have taken comfort knowing my task is only to make a recommendation and then leave the decision to the judge.

CASA volunteers come from a variety of backgrounds and careers. Legal education is not a prerequisite. However, as a legal professional you are already familiar with the legal system, the procedural rules of you local courts, drafting court documents, interviewing witnesses and documenting discovery. Becoming a CASA volunteer allows you to be involved in another facet of the justice system while using your unique professional skills in new and diverse ways to benefit children in your community. To learn more, contact your local CASA office or call National CASA at 1-800-628-3233.