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The CASA name
really
says it all. As a Court Appointed Special Advocate, we
1) Are
appointed
by and work directly for the court having
jurisdiction of the case
2) Are
quite
special in the sense that we are unpaid volunteers
with very broad powers to access information
about children
assigned to us so as to enable us to reach sound
judgements regarding their care and welfare
and
3) Are uniquely
charged with advocating both in court and in the child
welfare community for the best interests of the children we've been
assigned to.
CASAs are
fully-participating parties to the case in every sense.
We can call witnesses, subpoena people to testify, cross-examine other
witnesses, and directly address the court with our observations and
recommendations. Our most common form of court participation is
the submission of written reports to the judge describing conditions
affecting the child and making recommendations to meet his needs and
those of his family such that he can return to a safe home as quickly
as possible. It it becomes impossible for the child to
return, we explore and report on suitable alternatives including
placement with relatives or, if necessary, adoption. We
participate in hearings to terminate parental rights and follow the
child through to his acquiring a permanent home as expeditiously as
possible. Kids Can't Wait.
In Oregon each
child
whose custody has been temporarily assumed by the
court is entitled to and receives his or her own state-paid attorney
who is charged with representing that child in court.
Theoretically that attorney would do what CASAs do, at least up to a
point. However, these attorneys are required to represent the
child's stated
interests
much like a public defender is charged with mounting the best defense
possible regardless of the attorney's understanding of guilt or
innocence. CASA's are charged with advocating for the child's best interests which can
drastically expand the horizons of what is possible for that child.
In most cases
both the
child's attorney and the CASA are of like mind,
however the attorney's direct experience of the child is typically
quite limited if for no other reason than the fact that attorneys are
paid only for actual court time and have great demands on their work
schedule to accommodate other clients. In too many cases, the
attorney never even meets the child.
One important
aspect
of the CASA's role, explicitly stated in the Oregon Statutes
(419A.170), is that of facilitator and
negotiator. Because of our uniquely independent role, we can
often find ourselves in a position to propose ways to bridge gaps
between the responsibilities and capabilities of various service
providers. We can help people "think outside the box" and thereby
avoid needless delays in meeting demonstrated needs of both children
and their families. Our position can help us solicit needed
support within an agency or treatment provider. If necessary, we
can point out inconsistencies in the availability and application of
services and even advocate for court-mandated services when the need
arises.
These are
awesome
responsibilities, and the reputation and
effectiveness of the CASA program rely on our ability to act
professionally which means being objective, thorough,
truthful, and tactful without sacrificing a passion to achieve a safe
permanent home for every child.
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