Letter to the Editor
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Families Torn Apart In Texas
A California CASA Perspective

If you have been following the news about the crisis unfolding in Texas, you’ve heard about the allegations of child abuse, religious persecution, 14-year old girls forced into marriage, violations of cultural freedoms, etc.  Some of you may have found yourself not sure how to address these issues with the press, respond to a volunteer question, or just converse with friends and associates about CASA’s role with respect to this crisis.  It’s probably good advice not to pass judgment on or discuss with authority what is happening in Texas, since there are so many unknowns.  But you can still use this controversy as a way to steer the discussion into a conversation about CASA and our work with abused and neglected children.  We recently talked with Robin Allen, Executive Director of CalCASA. 

Q: Robin, what are your reactions about the crisis unfolding in Texas?
A: I worry for all the children and families that have been torn apart.  I worry about the allegations of child abuse.  I worry about possible prejudice against religious or lifestyle differences.  But most of all, I worry for each individual child who just wants to live happily and safely with his/her family.  Further, I am outraged because where is the focus on the thousands of children, living in abuse and neglect everyday right here in California?  What are we doing for these children in our own back yard?

Q: What do you mean there are thousands of abused children in California?
A: The 400 children in Texas have captured the news headlines, but California has approximately one-fifth of the nation’s nearly 500,000 children and youth who enter the foster care system as a result of abuse or neglect.  Because these children enter the foster care system one child at a time, they do not make splashy headlines.  Yet it occurs every day in virtually every community in California, including mine and yours.  To thousands of children.  They are “our” children, and we share responsibility for them.

Q: Clearly these are different situations?
A: There are differences and similarities.  Every allegation or occurrence of child abuse is different for every child and every family.  That’s why it’s so important to look at each case separately.  There are many similarities, but there is only one outcome that matters to each child; to live safely and happily with her/his family.  At CASA, we are dedicated to getting to know the child, speaking up for the child in court and collaborating with the courts and social services agencies in providing a permanent, safe and caring home for each child in the shortest time possible. 

Q: Isn’t every child assigned a social worker by CPS and doesn’t this social worker make recommendations to the court regarding placement of the child?  
A: In California, the social worker for Child Protective Services (CPS) does make recommendations to the court for each child who is removed from his or her family.  Social workers are overwhelmed with huge caseloads and rarely are able to give each child the attention he or she needs.  This is why the participation of a CASA volunteer can be crucial and critical to a positive outcome for each child.  The CASA volunteer is the voice of the child in court, is often the person who really knows the child and his/her needs and desires the best.  Judges rely on the reports CASA volunteers submit to the courts, and CASA volunteers, working collaboratively with the courts and the social service agencies, are able to assist with swifter reunification with family, access services needed by the child or youth, and assist in finding other safe and permanent homes for children in the foster care system.  Children and youth within the foster care and dependency court system who do have a CASA volunteer experience demonstrably better outcomes than those who do not in terms of early reunification, permanent, safe homes and access to services.  

Q: Don’t the children have lawyers to represent them in court?
A: In California, each child is required by law to have an attorney appointed to them.  However, each of these dependency attorneys is juggling approximately 240 cases at a time, and despite their dedication to the child, this workload means they typically have only a few minutes before a court appearance to meet and speak with the child or youth they represent.  Just as with social workers, there are far too few dependency court lawyers representing the large numbers of youth who come before those courts; these attorneys are simply overwhelmed.    A CASA volunteer typically spends three hours every week with the child on a consistent basis and really knows the child interests, motivations, desires, pain ,family situation, kinship and other safe and permanent placement opportunities.  Additionally, the CASA volunteer is quite often the person who ensures the child or youth has access to educational, health, mental health and other resources.

Q: I understand the parents have accused Texas CPS of religious and cultural discrimination?
A. According to the news, the Texas parents have made accusations that they are being discriminated against and social workers can not provide an impartial perspective.  We have seen real or perceived conflicts involving the attorney or social services worker in dependency cases in California as well.   A Court Appointed Special Advocate (CASA) volunteer represents only the child and has no “agenda” other than seeing that the best interests of that child are served.  They are volunteers, unpaid, and appointed by and sworn in as officers of the court specifically to provide impartial recommendations based on in-depth knowledge and understanding of the child and his/her family. 

Q: Why doesn’t the court appoint a CASA volunteer for every child?
A: At this point we do not have an adequate number of volunteers to meet the need. The California Blue Ribbon Commission on Foster Care recently recommended that there be a CASA program in every county AND a CASA volunteer appointed by the court for EVERY child or youth who comes before the dependency court . In order to accomplish this and adequately train and supervise these volunteers, we will need more resources.

Q: Are there any CASA volunteers for the 400 children in Texas?
A: Hopefully there are.  I understand that CASA in Texas is trying to find volunteers for every child.  Unfortunately, Texas is similar to California in that we do not have enough volunteers for all the children in foster care.  In California there are thousands of children and youth who need and are waiting for a CASA volunteer of their own.  

Q: Don’t the children have rights?
A: In California there are rights children and youth have when they become dependants of the state.  Rights such as the right to attend school and engage in educational activities, the right to physical and mental health care and protection from harm, the right to live in a safe home environment.  First and foremost, each child in our community has the fundamental right to live in a safe, loving “forever” home so that she or he has the chance to grow into a happy, successful adult.  This is the goal that every CASA volunteer works towards and it has been demonstrated that when a CASA volunteer is assigned to a child or youth, there is a far greater likelihood of achieving that outcome than for children or youth who do not have a CASA volunteer.

Q: Surely, not all these children in Texas were abused?
A: A statistician would tell you this is very unlikely.  But we have to look at the allegations and facts of each case, one-by-one.  The court needs to get to know each child and their family and make a determination for each individual child.  The help of a CASA volunteer can be critical in getting this in-depth knowledge and understanding of each individual child.

Q: Should the children in Texas have been removed in the first place?
A: In Texas, California and most states, the dependency court proceedings are closed to the public, to protect the children.  We may never know the information the Texas social services agencies and the court had and considered in making the decision to remove the children.  In California, we make every attempt to keep abused and neglected children in their home by providing services to help families before the situation becomes so critical that children are removed.  Removal is always a last resort. 

Q What if a child cannot go home to their parents?
A: If a child needs to be removed, we make every attempt to place the child with a caring relative or the home of another caring adult, ideally someone who is already part of the child or youth’s “village.”  CASA volunteers are often instrumental in finding and locating these caring relatives and adults who are able and willing to care for the child or youth.  If this is not possible, we search for a loving foster family for the child.  A shelter or other non-family institution is used only when no other placement is available or appropriate, and placement of a child or youth in such a facility is considered short-term. A CASA volunteer is often instrumental in locating kin or caring adults with whom the child or youth already has a positive relationship.

Q: Why does the process take so long?
A: In California, the law is intended to be fair to the children, families and extended family.  However, due process takes time.  The law in California mandates various time periods for hearings in dependency cases so that a child or youth is not languishing without his or her case being heard while urgent needs go unmet.  Unfortunately, any amount of time away from home can be damaging, traumatizing and life altering in a young child’s life.  CASA has demonstrated that the court can make better decisions, and the amount of time the child spends in dependant care is reduced, when a CASA volunteer is appointed.

Q: Is it fair that these children were removed because of one telephone call?
A: In California, social services agencies are required to respond to any allegations of abuse or neglect.  These allegations could come from neighbors, relatives, the school, clergy a physician or even the youth or child themselves.  Typically, once such an allegation is made a social services worker is required to make an immediate home visit and inspection to protect the health and safety of the child.  This inspection often occurs with law enforcement officials present for the sake of the safety of all parties.  If it is determined that the child or youth is in danger or their safety is in doubt, they are removed from the home.  

Q: The way these children were removed from their families in Texas seems so dramatic.  Is this usual?
A: If it seems dramatic to you and me, imagine how much more dramatic it feels to an 8-year old.  Imagine being 8 years old, already traumatized by abuse or neglect or possibly simply being the child of a very poor family, yet still having loving emotions towards one’s parents. Then a slew of strangers enter your home, including people with guns, and without warning, you are taken away to a strange place.  Yes, it is  dramatic.  Most importantly it is excruciatingly painful and always a severe trauma to the child.  The child or youth deserves immediate attention and assistance with dealing with that trauma and needs to be kept informed of what is going on.

Q: Four hundred children is an incredible number of children to be removed at one time isn’t it?
A: Yes, it is.  But the tragedy begins when even one child is torn from his/her family.  This crisis has created more than 400 individual tragedies from one “home.” Other than that, there is nothing that distinguishes it, from the viewpoint of the child, from what happens in California every day.  The tragedy is the same for the child; grief, loss, indescribable sadness and uncertainty and often severe depression, trauma and symptoms of PTSD.  In California, 400 such individual tragedies occur regularly and on a daily basis; the only reason they do not appear in the headlines is that they are 400 tragedies occurring in 400 different households.  The tragedy and trauma to the child or youth is the same.

Q: Is it normal for dependant children to be housed in a stadium or shelter?
A:  In California we do everything we can to keep children in their home.  Only in the those cases in which the immediate welfare and safety of the child is considered in jeopardy is the child removed.  After the search to place the child with family is exhausted, some other type of interim care is considered, preferably a long-term placement with a caring adult who was already a significant figure in that child’s life or a long-term placement with a caring foster family.  It is a travesty when care for children is anything less than a loving home.  I fervently hope that those children are provided a more permanent and stable environment with caring adults as soon as is humanly possible. I am sure that is also the goal of the people involved in Texas.

Q: Did the state of Texas take these children because there were allegations of abuse or some other reason, such as children living in a cult?
A: That is really irrelevant from the emotional viewpoint of the child.  In California, a child is suddenly removed from his or her home only when the proper authorities ascertain that there is present danger to the health, safety and welfare of that child.  Whatever the reasons for removal, it is always a shocking and traumatic experience for the youth or child, for whom the experience is one of deeply felt grief and loss.

Q.  What can I do that will make a difference in the life of a foster child?
A: There are numerous ways that you can make a difference.  Contact your local CASA organization and become a CASA volunteer (or call 1-800-214-2272 and we will gladly  put you in touch with your local CASA organization) and of course you can always make a donation.  You can also become a foster or adoptive parent, or volunteer with community organizations that serve foster children.