Showing posts with label Court-Appointed Special Advocates. Show all posts
Showing posts with label Court-Appointed Special Advocates. Show all posts

Friday, October 31, 2025

#CASAsoWhite: Our annual Halloween reminder to CASA: No, it’s not a good idea to raise money by holding a talent show with a blackface act. (And yes, one CASA chapter actually did that.)

 We suggest that the National office for the Court-Appointed Special Advocates program use this item from The Daily Show as a training video

In 2018, responding to former Today Show anchor Megyn Kelly’s appalling attempt to justify blackface, (for which she has apologized) her colleague Craig Melvin noted that, as a CNN story put it, “this controversy is an opportunity to inform people — but [Melvin] said most people already knew how offensive blackface is.”

Most people, but apparently not one chapter of that most sacred cow in child welfare Court-Appointed Special Advocates.  Oh, they’ve learned in the years since they included a blackface act in a fundraiser, especially since they apparently eventually apologized – but that is just one example of the racial bias that plagues CASA.  And that, of course, raises fundamental questions about the role of CASA in deciding the fate of children who are overwhelmingly poor and disproportionately children of color.  Even more questions are raised by the latest study of CASA's effectiveness. And there's much more about CASA in NCCPR's presentation at the 2021 Kempe Center conference. and in this 2024 story from The Imprint.

So every Halloween, I plan to reprint this post from 2017:  

This Halloween, The Daily Show offers a useful history lesson. The topic: why it’s a really bad idea for white people to dress up in blackface:



But the lesson isn’t just useful for Halloween. It’s also something that anyone involved with that most sacred cow of child welfare – Court-Appointed Special Advocates -- needs to know.

CASA is a program in which minimally trained volunteers, overwhelmingly white and middle-class, are assigned to families who are overwhelmingly poor and disproportionately nonwhite. Then they tell judges if the children should be taken from those families, sometimes forever.   That, of course, raises problems of inherent bias.  But some CASA chapters have made their biases depressingly obvious.

Consider what happened nine years ago in Arkansas City, Kansas. To raise funds for the local CASA chapter, they held a talent competition. The winning act featured the mayor of Arkansas City – dressed in blackface.  The head of the local CASA chapter couldn’t understand why that was a problem.   "It wasn't black black," she said. "It was all really just tan." That’s only the beginning. All the awful details are here.

It would be one thing if this were just an isolated example of racial bias. But it’s not.

● There was the CASA chapter in Marin County, California, which fell apart when the state CASA association merely asked that they strive for more diversity among the volunteers.

● There was the appalling racist rant by someone who says he volunteered in a scandal-plagued Washington State CASA program for 20 years.

● There’s the fact that the most comprehensive study ever done of CASA, a study commissioned by the National CASA Association itself, found that CASA volunteers spend significantly less time on a case if the child to whom they are assigned is Black.

● And then there’s the question of whether the very structure of CASA makes it, in the words of a law review article, “an exercise of white supremacy.”

Showing the Daily Show video won’t solve all these problems; not even close. But it might help prevent the worst excesses of racial bias in CASA programs.

Originally published, Oct. 30, 2017

Sunday, May 4, 2025

In the hope that facts really do matter, some hard facts about CASA

When you swing an ax madly and chop down virtually everything,
once in a while you’ll hit something that really should be cut

A whole lot of research shows that the Court-Appointed Special Advocates program, the most sacred cow in child welfare, does harm. So do facts matter? Or does wallowing in a warm, fuzzy narrative about overwhelmingly white, middle-class amateurs saving overwhelmingly poor disproportionately nonwhite children matter more?

Links to all of the research cited in this post can be found here.

A ProPublica story aptly calls what’s happening now “The Trump Administration’s War on Children”:

The staff of a program that helps millions of poor families keep the electricity on, in part so that babies don’t die from extreme heat or cold, have all been fired. …  Head Start preschools, which teach toddlers their ABCs and feed them healthy meals, will likely be forced to shut down en masse, some as soon as May 1… 

That doesn’t include more general proposed slashing and burning, such as cutting housing assistance, health care, and SNAP benefits with more on the horizon. 

But when you swing an ax madly and chop down virtually everything, once in a while you’ll hit something that really should be cut. And so one cut should be cause for celebration: The Administration is trying to cut $48.9 million in grants to the National CASA Association. The Association “sets standards” for hundreds of Court-Appointed Special Advocates programs and passes on some of that federal funding to some of them. 

Almost immediately, local reporters started churning out hand-wringing stories about how horrible this would be – because, obviously CASA is so wonderful, right? 

So while I don’t suppose this will do much good, I’m going to cling to the notion that facts matter and point out a simple fact concerning what abundant research tells us about Court-Appointed Special Advocates. 

Research tells us CASA doesn’t work. In fact, it documents how CASA does harm. 

CASA is a program in which overwhelmingly white middle-class amateurs, almost always well-intentioned, are given 30 hours of training (sometimes 40) and then sent off into the homes of overwhelmingly poor disproportionately nonwhite families to pass judgment upon them. 

Technically, they make recommendations, but National CASA brags about how often the recommendations are rubber-stamped by judges. So a bunch of white middle-class amateurs often effectively decide if overwhelmingly impoverished disproportionately nonwhite children will be taken from their homes or, if already taken, will ever get to live with their own families again. What could possibly go wrong? 

The answer to that can be found in research: 

No matter how warm and fuzzy the program makes the volunteers (and the reporters who cover it) feel, study after study shows CASA is a failure.  

The research tells us that CASA’s only real “accomplishments” are: 

● Prolonging foster care.

● Making it less likely families will reunify.

● Making it less likely children will achieve permanence through guardianship with a relative.

● Making it more likely children will age out with no home at all.

● Spending less time on a case when the child is Black.

● Doing nothing to make children safer. 

No wonder one law review article calls CASA “an act of white supremacy.” 

Could it be that the researchers were biased – and out to get CASA? On the contrary, these findings come from studies commissioned by National CASA and Texas CASA, and another done by a former CASA in the program she evaluated. 

Does every study come out this way on every measure? No. But the largest and most rigorous do.  Indeed, when researchers conducted a review of the literature seeking to find out if CASA is an evidence-based program, their answer was clear: No. 

Again, links to the studies are here. 

On the extremely rare occasions when anyone at CASA is asked about this mass of research, the program seeks to divert attention from those findings by pointing to other things it does, such as providing emotional support and mentoring for foster youth, and advocating to get them the services they need. Some CASA chapters also engage in intensive efforts to find extended family to take in children so they don't have to be in foster care with strangers. Those are fine things to do – and if CASA were willing to limit itself to doing only things like that, it would be making a useful contribution. It’s when the overwhelmingly white middle-class amateurs effectively become judge, jury and, sometimes, family executioner for overwhelmingly poor disproportionately nonwhite families that they do vastly more harm than good. 

A classic example is CASA’s new program to help young people aging out of foster care. That’s a great thing to do. But wouldn’t it be better if CASA didn’t make it more likely that those children would age out in the first place? 

And yet, none of this information makes its way into all those local news stories. In most cases, CASA propaganda simply has been repeated so often that reporters don’t think to question it. But that’s not good enough. 

All over America news organizations rally behind the slogan “facts matter.” Do they? Or do feel-good myths matter more?

Thursday, October 31, 2024

#CASAsoWhite: Our annual Halloween reminder to CASA: No, it’s not a good idea to raise money by holding a talent show with a blackface act. (And yes, one CASA chapter actually did that.)

 We suggest that the National office for the Court-Appointed Special Advocates program use this item from The Daily Show as a training video

In 2018, responding to former Today Show anchor Megyn Kelly’s appalling attempt to justify blackface, (for which she has apologized) her colleague Craig Melvin noted that, as a CNN story put it, “this controversy is an opportunity to inform people — but [Melvin] said most people already knew how offensive blackface is.”

Most people, but apparently not one chapter of that most sacred cow in child welfare Court-Appointed Special Advocates.  Oh, they’ve learned in the years since they included a blackface act in a fundraiser, especially since they apparently eventually apologized – but that is just one example of the racial bias that plagues CASA.  And that, of course, raises fundamental questions about the role of CASA in deciding the fate of children who are overwhelmingly poor and disproportionately children of color.  Even more questions are raised by the latest study of CASA's effectiveness. And there's much more about CASA in NCCPR's presentation at the 2021 Kempe Center conference. and in this 2024 story from The Imprint.

So every Halloween, I plan to reprint this post from 2017:  

This Halloween, The Daily Show offers a useful history lesson. The topic: why it’s a really bad idea for white people to dress up in blackface:



But the lesson isn’t just useful for Halloween. It’s also something that anyone involved with that most sacred cow of child welfare – Court-Appointed Special Advocates -- needs to know.

CASA is a program in which minimally trained volunteers, overwhelmingly white and middle-class, are assigned to families who are overwhelmingly poor and disproportionately nonwhite. Then they tell judges if the children should be taken from those families, sometimes forever.   That, of course, raises problems of inherent bias.  But some CASA chapters have made their biases depressingly obvious.

Consider what happened nine years ago in Arkansas City, Kansas. To raise funds for the local CASA chapter, they held a talent competition. The winning act featured the mayor of Arkansas City – dressed in blackface.  The head of the local CASA chapter couldn’t understand why that was a problem.   "It wasn't black black," she said. "It was all really just tan." That’s only the beginning. All the awful details are here.

It would be one thing if this were just an isolated example of racial bias. But it’s not.

● There was the CASA chapter in Marin County, California, which fell apart when the state CASA association merely asked that they strive for more diversity among the volunteers.

● There was the appalling racist rant by someone who says he volunteered in a scandal-plagued Washington State CASA program for 20 years.

● There’s the fact that the most comprehensive study ever done of CASA, a study commissioned by the National CASA Association itself, found that CASA volunteers spend significantly less time on a case if the child to whom they are assigned is Black.

● And then there’s the question of whether the very structure of CASA makes it, in the words of a law review article, “an exercise of white supremacy.”

Showing the Daily Show video won’t solve all these problems; not even close. But it might help prevent the worst excesses of racial bias in CASA programs.

Originally published, Oct. 30, 2017

Monday, October 30, 2023

#CASAsoWhite: Our annual Halloween reminder to CASA: No, it’s not a good idea to raise money by holding a talent show with a blackface act. (And yes, one CASA chapter actually did that.)

 We suggest that the National office for the Court-Appointed Special Advocates program use this item from The Daily Show as a training video

In 2018, responding to former Today Show anchor Megyn Kelly’s appalling attempt to justify blackface, (for which she has apologized) her colleague Craig Melvin noted that, as a CNN story put it, “this controversy is an opportunity to inform people — but said most people already knew how offensive blackface is.”

Most people, but apparently not one chapter of that most sacred cow in child welfare Court-Appointed Special Advocates.  Oh, they’ve learned in the years since they included a blackface act in a fundraiser, especially since they apparently eventually apologized – but that is just one example of the racial bias that plagues CASA.  And that, of course, raises fundamental questions about the role of CASA in deciding the fate of children who are overwhelmingly poor and disproportionately children of color.  Even more questions are raised by the latest study of CASA's effectiveness. And there's much more about CASA in NCCPR's presentation at the 2021 Kempe Center conference.

So every Halloween, I plan to reprint this post from 2017:  

This Halloween, The Daily Show offers a useful history lesson: The topic, why it’s a really bad idea for white people to dress up in blackface:





But the lesson isn’t just useful for Halloween. It’s also something that anyone involved with that most sacred cow of child welfare – Court-Appointed Special Advocates -- needs to know.

CASA is a program in which minimally trained volunteers, overwhelmingly white and middle-class, are assigned to families who are overwhelmingly poor and disproportionately nonwhite. Then they tell judges if the children should be taken from those families, sometimes forever.   That, of course, raises problems of inherent bias.  But some CASA chapters have made their biases depressingly obvious.

Consider what happened nine years ago in Arkansas City, Kansas. To raise funds for the local CASA chapter, they held a talent competition. The winning act featured the mayor of Arkansas City – dressed in blackface.  The head of the local CASA chapter couldn’t understand why that was a problem.   "It wasn't black black," she said. "It was all really just tan." That’s only the beginning. All the awful details are here.

It would be one thing if this were just an isolated example of racial bias. But it’s not.

● There was the CASA chapter in Marin County, California, which fell apart when the state CASA association merely asked that they strive for more diversity among the volunteers.

● There was the appalling racist rant by someone who says he volunteered in a scandal-plagued Washington State CASA program for 20 years.

● There’s the fact that the most comprehensive study ever done of CASA, a study commissioned by the National CASA Association itself, found that CASA volunteers spend significantly less time on a case if the child to whom they are assigned is Black.

● And then there’s the question of whether the very structure of CASA makes it, in the words of a law review article, “an exercise of white supremacy.”

Showing the Daily Show video won’t solve all these problems; not even close. But it might help prevent the worst excesses of racial bias in CASA programs.

Originally published, Oct. 30, 2017

Monday, October 31, 2022

#CASAsoWhite: Our annual Halloween reminder to CASA: No, it’s not a good idea to raise money by holding a talent show with a blackface act. (And yes, one CASA chapter actually did that.)

 We suggest that the National office for the Court-Appointed Special Advocates program use this item from The Daily Show as a training video

In 2018, responding to former Today Show anchor Megyn Kelly’s appalling attempt to justify blackface, (for which she has apologized) her colleague Craig Melvin noted that, as a CNN story put it, “this controversy is an opportunity to inform people — but said most people already knew how offensive blackface is.”

Most people, but apparently not one chapter of that most sacred cow in child welfare Court-Appointed Special Advocates.  Oh, they’ve learned in the years since they included a blackface act in a fundraiser, especially since they apparently eventually apologized – but that is just one example of the racial bias that plagues CASA.  And that, of course, raises fundamental questions about the role of CASA in deciding the fate of children who are overwhelmingly poor and disproportionately children of color.  Even more questions are raised by the latest study of CASA's effectiveness. And there's much more about CASA in NCCPR's presentation at the 2021 Kempe Center conference.

So every Halloween, I plan to reprint this post from 2017:  

This Halloween, The Daily Show offers a useful history lesson: The topic, why it’s a really bad idea for white people to dress up in blackface:





But the lesson isn’t just useful for Halloween. It’s also something that anyone involved with that most sacred cow of child welfare – Court-Appointed Special Advocates -- needs to know.

CASA is a program in which minimally trained volunteers, overwhelmingly white and middle-class, are assigned to families who are overwhelmingly poor and disproportionately nonwhite. Then they tell judges if the children should be taken from those families, sometimes forever.   That, of course, raises problems of inherent bias.  But some CASA chapters have made their biases depressingly obvious.

Consider what happened nine years ago in Arkansas City, Kansas. To raise funds for the local CASA chapter, they held a talent competition. The winning act featured the mayor of Arkansas City – dressed in blackface.  The head of the local CASA chapter couldn’t understand why that was a problem.   "It wasn't black black," she said. "It was all really just tan." That’s only the beginning. All the awful details are here.

It would be one thing if this were just an isolated example of racial bias. But it’s not.

● There was the CASA chapter in Marin County, California, which fell apart when the state CASA association merely asked that they strive for more diversity among the volunteers.

● There was the appalling racist rant by someone who says he volunteered in a scandal-plagued Washington State CASA program for 20 years.

● There’s the fact that the most comprehensive study ever done of CASA, a study commissioned by the National CASA Association itself, found that CASA volunteers spend significantly less time on a case if the child to whom they are assigned is Black.

● And then there’s the question of whether the very structure of CASA makes it, in the words of a law review article, “an exercise of white supremacy.”

Showing the Daily Show video won’t solve all these problems; not even close. But it might help prevent the worst excesses of racial bias in CASA programs.

Originally published, Oct. 30, 2017

Sunday, October 31, 2021

#CASAsoWhite: Our annual Halloween reminder to CASA: No, it’s not a good idea to raise money by holding a talent show with a blackface act. (And yes, one CASA chapter actually did that.)

We suggest that the National office for the Court-Appointed Special Advocates program use this item from The Daily Show as a training video

In 2018, responding to former Today Show anchor Megyn Kelly’s appalling attempt to justify blackface, (for which she has apologized) her colleague Craig Melvin noted that, as a CNN story put it, “this controversy is an opportunity to inform people — but said most people already knew how offensive blackface is.”

Most people, but apparently not one chapter of that most sacred cow in child welfare Court-Appointed Special Advocates.  Oh, they’ve learned in the years since they included a blackface act in a fundraiser, especially since they apparently eventually apologized – but that is just one example of the racial bias that plagues CASA.  And that, of course, raises fundamental questions about the role of CASA in deciding the fate of children who are overwhelmingly poor and disproportionately children of color.  Even more questions are raised by the latest study of CASA's effectiveness. And there's much more about CASA in NCCPR's presentation at the 2021 Kempe Center conference.

So every Halloween, I plan to reprint this post from 2017:  

This Halloween, The Daily Show offers a useful history lesson: The topic, why it’s a really bad idea for white people to dress up in blackface:





But the lesson isn’t just useful for Halloween. It’s also something that anyone involved with that most sacred cow of child welfare – Court-Appointed Special Advocates -- needs to know.

CASA is a program in which minimally trained volunteers, overwhelmingly white and middle-class, are assigned to families who are overwhelmingly poor and disproportionately nonwhite. Then they tell judges if the children should be taken from those families, sometimes forever.   That, of course, raises problems of inherent bias.  But some CASA chapters have made their biases depressingly obvious.

Consider what happened nine years ago in Arkansas City, Kansas. To raise funds for the local CASA chapter, they held a talent competition. The winning act featured the mayor of Arkansas City – dressed in blackface.  The head of the local CASA chapter couldn’t understand why that was a problem.   "It wasn't black black," she said. "It was all really just tan." That’s only the beginning. All the awful details are here.

It would be one thing if this were just an isolated example of racial bias. But it’s not.

● There was the CASA chapter in Marin County, California, which fell apart when the state CASA association merely asked that they strive for more diversity among the volunteers.

● There was the appalling racist rant by someone who says he volunteered in a scandal-plagued Washington State CASA program for 20 years.

● There’s the fact that the most comprehensive study ever done of CASA, a study commissioned by the National CASA Association itself, found that CASA volunteers spend significantly less time on a case if the child to whom they are assigned is Black.

● And then there’s the question of whether the very structure of CASA makes it, in the words of a law review article, “an exercise of white supremacy.”

Showing the Daily Show video won’t solve all these problems; not even close. But it might help prevent the worst excesses of racial bias in CASA programs.

Originally published, Oct. 30, 2017

Wednesday, October 6, 2021

NCCPR at the Kempe Center conference: The case against CASA

 This is the text of the first of two NCCPR presentations at the 2021 Kempe Center International Virtual Conference: A Call to Action to Change Child Welfare

And see also this update on the research from The Imprint.

Most Court-Appointed Special Advocates programs call themselves CASA programs – as you’d expect.  Two programs cited in this presentation either in the past or now use a different term: Volunteer Guardian-at-Litem or VGAL.  They mean the same thing, and to avoid confusion I will refer to these programs as CASA programs throughout.  Where a quote uses the term VGAL I will substitute the term CASA.

Whatever you call it, the program I am going to discuss today is probably the most sacred cow in American child welfare; the subject of thousands of local news stories across America, gushing over how wonderful this program is.  I’m going to talk about why those stories are wrong, and how this most sacred cow in child welfare, Court-Appointed Special Advocates or CASA - harms to children.

That’s not because they want to hurt children, of course.  It was all created with the best of intentions.  CASAs still, overwhelmingly, are, to use Malcolm X’s famous phrase “kindly intentioned.” 

But it has failed.

To understand what CASA is and how it really works, I’d like you to imagine the following scene.

IF YOU'RE SEEING THIS ON THE NCCPR BLOG HOMEPAGE, PLEASE CLICK BELOW ON "READ MORE" TO SEE THE ENTIRE POST.

Sunday, November 10, 2019

#CasaSoWhite: Cranking up the CASA excuse machine


In 2004, a big study found that Court-Appointed Special Advocates prolonged foster care and reduced placements with relatives.

Now an even bigger study – of Texas CASA programs – has produced even worse findings.  Check out the way Texas CASA is responding.

Last week, this blog reported on the dismal findings from the largest, most comprehensive study ever done of that most sacred cow in child welfare, Court-Appointed Special Advocates. 

CASAs are overwhelmingly white overwhelmingly middle-class amateurs sent into the homes of people who are overwhelmingly poor and disproportionately of color.  The amateurs then tell judges what decisions to make and, to a frightening degree, the judges rubber-stamp the recommendations.  Though CASAs almost always mean well, their only real “qualification” typically is their (usually) white, middle-class status.  In Travis County, Texas, (metropolitan Austin) the CASA chapter was founded by the local Junior League. 

The new study is discussed in detail in this previous post, including a link to the full study. It looked at more than 31,000 cases in Texas. It found that, when compared to children not burdened with a CASA, children with CASAs wereless likely to be reunified with their parents, less likely to find permanence through guardianship with relatives  – and more likely to “age out” of foster care with no permanent home – the worst outcome of all.

In short, CASA makes the Holy Grail of child welfare – permanence (or “permanency” as the child welfare establishment pompously calls it) less likely.

The study was commissioned – and paid for – by Texas CASA.  Back in 2004, National CASA commissioned a similarly comprehensive, rigorous study – and it produced similar results. 

Now the Austin American-Statesman has published a big story about the study findings,  including responses from CASA and the researchers they hired. 

The excuses – point-by-point


So let’s go through the excuses CASA’s defenders came up with, one by one. (Everything below in italics is an excerpt from the American-Statesman story), beginning with a statement that, even for CASA, is breathtaking:
 “Our recommendation is always going to be what’s in the best interest of the child,” said Vicki Spriggs, chief executive officer of Texas CASA.


Wow!  I’d never before heard of the Doctrine of CASA Infallibility.  Good to know.  Now we can shut down the social work schools lay off the caseworkers and get rid of the judges. CASA knows best.  CASA always knows best – because forget that pesky research, the head of a state CASA program says so!

For the record, all sides in all child welfare cases say that whatever they want is in the best interests of the child.  The evidence from the actual study says CASAs are prone to getting it wrong.

“The CASA volunteer’s information is in the court with Child Protective Services’ information, the attorney ad litem’s information, the parents’ information — and then the judge makes a decision, so we’re just part of a process.”

Oh, please Ms. Spriggs. Don’t be so modest.  Texas CASA says it doesn’t track how often recommendations are accepted, but the 2004 national study found that in 83 percent of cases judges accept at least three quarters of all recommendations made by CASAs. In 61 percent of cases judges rubber-stamped every single one of them. And, of course, if Texas CASA recommendations were not routinely rubber-stamped the study would not have found such big differences in outcomes (for the worse) when Texas children had CASAs.  So let’s not kid ourselves, those disproportionately white middle-class amateurs often are the judge in all but name.

Also, notice how Spriggs said judges get “the parents’ information” – not that the parent even has a lawyer to present her or his case. That’s because in Texas poor people often don’t get a lawyer in these cases until well after they’ve begun.

There were limitations to the study, which relied heavily on administrative data from the state and CASA, that didn’t allow researchers to capture the benefits of having CASA volunteers, according to[Lead researcher Cynthia] Osborne and CASA officials. 
And what benefits might these be?  They don’t say.  If there are no data to show these alleged benefits how do they know that the alleged benefits, whatever they may be, exist? How do they know that these alleged benefits outweigh the harm done by CASAs in reducing “permanency”?

Even though her study tried to control for it, there’s no perfect statistical tool to account for the fact that CASA volunteers tend to receive more complex cases, Osborne said.

Now it’s Osborne who’s being too modest.  In the study itself, Osborne and her colleagues go to great lengths to show how they controlled for this, and express great confidence in their success.

"CASAs are not going to really help parents complete their services. That’s not really the goal of CASA. If they’re getting cases that are really difficult to tackle during this ... period, that’s not something the CASA themselves can influence,” Osborne said.

First of all, that doesn’t explain why the study – which rigorously controlled for the issue of difficulty of cases – still found that the outcomes for children with CASAs are worse.

But even more revealing is that part about how the goal of CASA is not to help parents complete their services.

Why not?

Why wouldn’t a CASA understand that if a parent can get help navigating the maze of “services” – which often are merely hoops they must jump through – then the child can get out of foster care sooner and that’s in the child’s best interests? So why wouldn’t a CASA advocate for reducing meaningless barriers for families?  Where the services really are needed, why wouldn’t CASAs advocate for making them, say, more accessible, and more attuned to the family’s real needs – in order to speed “permanency” for their children?

Unless of course, the CASAs see their jobs as just monitoring families and waiting -- perhaps even hoping -- to see them fail, so the children can be placed in the homes of middle-class strangers – people more like CASAs themselves. 

In Texas, 72% of CASA volunteers are white; about 30% of foster children are white. … Officials with the Travis County chapter said 35% of new volunteer applications this year have come from people of color.

Which means 65 percent are not.  So even if all those applications are accepted, you’ve barely made a dent in the problem. 

And that does nothing to deal with the problem of class bias.  Being a CASA requires having the time to volunteer.  Poor people desperately struggling to get by aren’t likely to have that kind of time.

Spriggs said the association also is working to make it easier for people with fewer resources to be CASA volunteers, including reimbursing mileage and lodging for those who must travel to see their assigned child.

Oh, well, that will make it easy for someone holding down two jobs to just take some time off to do all that traveling (and their bosses won’t mind a bit) – so of course lots of poor people now will become CASAs!

Prospective Travis County volunteers are trained in recognizing bias, disproportionality and cultural competency.

The entire extent of training, before CASAs start marching into poor people’s homes and passing judgment on them, is 39 hours.  That’s supposed to cover everything.  So how much time is spent on recognizing bias?  Whatever the amount is, the results of the study itself suggest it is ineffective.

Many of the adults involved in the child welfare system, including caseworkers, judges and attorneys, do not reflect the demographics of the children they serve.
“That’s a situation much bigger than CASA,” said Travis County Associate District Judge Aurora Martinez Jones, who advocates for more awareness of how the child welfare system affects children of color. “There are institutional issues that have created disproportionate issues for families.”

Well, yes.  And one of those institutional issues is the assumption, astounding in its arrogance, that, as one law review article aptly notes, simply being white and middle class somehow qualifies one to judge poor families. So why make everything worse by allowing a program that, as the law review article put it “essentially give[s] voice to white supremacy”?
 For the past six years, Travis County CASA has ramped up efforts to find potential family members for the children they represent. In the first two weeks of a case, a dedicated team at the chapter works to find relatives who can step in and care for a child, an effort that increased the number of relatives engaged in cases by 36%, according to county CASA officials.

But what does “engaged in cases” mean? Apparently it doesn’t mean actually getting guardianship when children can’t reunify because the study – you know, the document with actual data – found that Texas children with CASAs are less likely to achieve “permanency” through guardianship by relatives.

But if CASA’s efforts to “find relatives who can step in and care for a child” are helpful in other ways, then CASA should go right on doing that.  By all means, let CASA become a family-finding service.  Similarly, let it become a mentoring service for foster children.

Just don’t let the Junior Leaguers and other overwhelmingly white and middle-class amateurs play a role in deciding whether poor children are allowed to live with their own families.

Thursday, October 24, 2019

#CASAsoWhite: A big, new study reveals CASA’S biggest #fail yet

  
KEY POINTS

A huge, new study of Court-Appointed Special Advocates is out.  It was commissioned – and paid for – by a state CASA program.  It claims to have fixed the alleged methodological failings in other studies.  The results, straight from the study:


 “Overall, children appointed a CASA have significantly LOWER odds than children without a CASA of achieving permanency.” [Emphasis added]


 Compared to children not burdened with a CASA on the case, foster children with CASAs were:


 ● Less likely to be reunified with their own parents.


 ● Less likely to find permanence in the form of guardianship by a relative.


 ● More likely to “age out” of foster care with no home at all.


 ● The results are NOT due to the fact that CASAs are said to be assigned to “the toughest cases.” The researchers took extraordinary steps to account for that.

 The findings are disturbingly similar to a devastating 2004 study of the program. If anything, the new findings are even worse.


Back in 2004, Youth Today revealed the results of the most comprehensive study done to that point concerning the most sacred cow in child welfare: Court-Appointed Special Advocates.

CASAs are overwhelmingly white overwhelmingly middle-class amateurs sent into the homes of people who are overwhelmingly poor and disproportionately of color.  The amateurs then tell judges what decisions to make and, to a frightening degree, the judges rubber-stamp the recommendations.  Though CASAs almost always mean well, their only real “qualification” typically is their white, middle-class status.  

What could possibly go wrong?

Plenty, according to that 2004 study.  The study was commissioned by the National CASA Association itself, which thought it would show the world how successful the program is.  But it didn’t.  Instead, the study found that having a CASA assigned to a case prolonged the time children were trapped in foster care, and made it less likely that children would be placed with relatives instead of strangers – even though multiple studies have found kinship foster care to be far less harmful to children than what should properly be called stranger care.

The study also found that CASAs didn’t really spend that much time on their cases - an average of only 4.3 hours per month for white children – and only 2.67 hours per month for Black children.


CASA has an all-purpose excuse whenever a study doesn't find what CASA wants it to find:  Of course we got poorer results, they say, but that's only because we take on the toughest cases.  The findings, CASA claims, are due to "selection bias."  But the researchers who conducted the 2004 study took rigorous steps to avoid “selection bias” – that is, to be sure they adjusted for any differences in the circumstances of the children with and without CASAs.  Nevertheless, when the results didn’t go the way CASA wanted, National CASA blamed selection bias.  At the time, Youth Today concluded that National CASA’s efforts to spin the study “can border on duplicity.”

What National CASA did not do was commission another study.

But, 15 years later, Texas CASA did.

And it’s a Texas-size study.  The researchers looked at outcomes for 31,754 children, far larger than any previous study.  Not only did Texas CASA commission the study, they also paid for it – and they chose the group that would do the research.  The researchers go on at length about how they’re confident they dealt with the "selection bias." problem. So no, the results are not because the CASAs dealt with tougher cases.

And those results are even worse than the results from the 2004 study.

Delaying “permanency”


If their own writing is to be believed, the Holy Grail for those wedded to a take-the-child-and-run approach to child welfare, is “permanence” – or, as they call it “permanency,” presumably because adding an extra syllable makes them feel more important.

There are actually good reasons for this. Part of the reason foster care is so inherently harmful is because it is impermanent. Children are first traumatized by being taken from everyone they know and love and then traumatized over and over as they are moved from foster home to foster home, sometimes emerging years later unable to love or trust anyone.


But there are many ways to achieve permanency. The best, of course, is not to tear children needlessly from their parents in the first place.  Second best is swift reunification.  Third best is allowing the child to live in the permanent custody of a relative instead of a stranger.  Fourth on the list is adoption by strangers.  That option has an honorable place in child welfare. Sometimes it is, indeed, the best option.

But when latter-day “child savers” (to use the term their 19th Century counterparts proudly gave themselves) talk “permanency” they’re typically not interested in the first three – they want to jump to option 4: adoption by total strangers; people with whom the child savers can identify because they are more likely to be of the same race and class.

But officially their standard of success is “permanency” – period.

As the Texas study notes:

The CASA program was designed to help children in foster care, and one way the program believes it accomplishes this goal is by getting children into safe, stable, permanent placements.” [Emphasis added.]

So here’s the stunning finding from the massive Texas study: If a child has a CASA, her or his odds of achieving permanency are significantly reduced. 

It should come as no surprise that children with a CASA are 16 percent less likely to be reunified with their own parents. The racial and class bias that prompted one law review article to call CASA an “exercise of white supremacy” ensures this.

But the Texas study found that a child with a CASA is 20 percent less likely to find permanency in any form – and more likely to wind up with the worst outcome of all: “aging out” of the system with no ties to their own family and no permanent home with anyone else either.

Among those who do find “permanency,” children with a CASA are less likely to find that permanency with a relative, and more likely to find it with a total stranger through adoption. 

The researchers acknowledge that their study is not an outlier, writing: “Our findings largely confirm the conclusions of prior research on CASA.”

The spin: Maybe permanency isn’t that important after all


As was the case in 2004, the dismal findings from the new study did not seem to please the study’s authors.  So they came up with all sorts of ways to spin those findings.

First, of course, they speculated that the lower rates of permanency might be because, with all that time to investigate, CASAs may have concluded that “a given placement is not a safe, stable, permanent option.”  But the study itself doesn’t measure whether any such conclusions are accurate.  The 2004 study found, however, that when CASAs prolonged children’s time in foster care and reduced the chances they would be placed with relatives this did nothing to improve child safety. (It also found, of course, that CASAs aren’t really spending all that much time on their cases.)

Then the authors of the new study seem to suggest that permanence may not be all it’s cracked up to be. They write:

While traditionally legal permanency has been the primary focus of the child welfare system there has been a recent shift by some toward a focus on wellbeing and social support outside of permanent placement.  

The “some” in question seems to be the Texas CASA program itself, since the only support cited for this claim is a promotional publication from Texas CASA.  But if that's really what the researchers and/or Texas CASA believe you have to wonder: Why did they go to all this trouble to do a massive study of legal permanency outcomes if legal permanency isn’t really that important?

Then the researchers take it a step further, seeming to suggest that aging out might not be so bad.  They write:
 Youth who are likely to age out of the child welfare system receive services to help prepare them for adult living and additional services after aging out of care, some of which are not provided to those youth who reach a permanent outcome before age eighteen.

Leaving aside the fact that the description of help to youth who age out is overly optimistic, this offers a wonderful insight into the mindset of the child welfare establishment. They seem to be saying: Youth who age out get help that youth placed in permanent homes don’t, so maybe it’s o.k. to just let them age out. 

Quick: Can anyone think of a better way to fix this disparity?

Only toward the very end do the authors’ ever-so-gently raise the most likely reason for these awful results:

Another limitation of the present study is the lack of demographic information available about the CASA volunteers. CASAs’ age, experience, ethnicity, and socioeconomic background could influence their activities or their interpretation of what is in the best interest of a child. Without access to this information, we are unable to explore the influence of CASA characteristics.

First of all, this begs the question: Why didn’t they have access to this information?

More generally, we do know this information. Nationwide, according to National CASA’s own data, 84.4 percent of volunteers are white and only 19 percent are African-American or Hispanic/Latino.  (Among foster children only 44 percent are white and 44 percent are African-American or Hispanic/Latino). Things can get so ludicrous that the scandal-plagued program in Snohomish County, Washington, which has no actual Black CASA volunteers, used a stock photo from National CASA to portray one.

As for income, that can be reasonably inferred from the simple fact that you have to have enough time and money on your hands to be able to volunteer.

We can also get a sense of the outlook of CASA concerning issues of race and class by things like:

● The CASA chapter that held a fundraiser featuring a blackface act.

● The CASA chapter that fell apart over a simple request to try to become more diverse.

● The former CASA volunteer whose rants about the families he investigated read like a Donald Trump tweetstorm.

● The whole wretched mess in Snohomish County.

Links to details about all of the above can be found here.

The limits of CASA


None of this means that no child ever has been helped by having a CASA volunteer.  But the study findings indicate that children are more likely to be harmed than helped.  If a medicine were found to be more likely to make patients sicker instead of better, we know what would happen: It would be pulled off the market.

CASA might have a useful role to play in child welfare – if it were converted into strictly a mentoring program for foster children, without allowing these usually white, middle-class amateurs to tell judges where those children should grow up.

But in its current form, CASA should be pulled off the market.

It’s time for Congress, which helps to fund CASA, for the judges who appoint CASAs and for the well-meaning people in the programs themselves to stop.

Stop denying children the chance to live safely in their own homes.

Stop denying children the chance to live with their extended families.

Stop denying children permanency.

Tuesday, August 13, 2019

A deafening silence from National CASA as an appellate court blasts a scandal-plagued CASA program in Washington State


● The court overturned the termination of a family’s parental rights, and ordered that the case start over.

● The court also ordered the CASA program, and the county Superior Court – which it called “a biased tribunal” -- cut off from any involvement in the case.

● But through it all, the National CASA Association has taken no public action against the program. Click on the audio to get a good sense of National CASA’s response:



To read all about the Snohomish County CASA Scandal, see these previous posts to this Blog.


UPDATE AUGUST 28, 2019 The Office of Juvenile Justice and Delinquency Prevention is "looking into" the Snohomish County CASA scandal.  OJJDP helps fund CASA programs. Their response comes less than 24 hours after the law firm that first exposed the scandal filed a complaint. Details here. 
                                                                                                             
UPDATE, AUGUST 18, 2019: The Everett Herald has an excellent story about the whole Snohomish County CASA scandal, with a clear step-by-step overview of what happened.

Of course court officials, who were instrumental in causing the problems and turned themselves into what an appellate court called a “biased tribunal” now claim they’ve fixed everything. In other words, the foxes have doubled the guard on the henhouse.

But the most striking part of the story is this: The Snohomish County Court system says that it “increased training [for CASAs] to, among other things, stress honesty, truthfulness and the correct way to handle documents.”

Now. one might be able to make a case that there is something complicated about handling documents.  But what does it say about the inherent nature of CASA that it can so corrupt the ethics of good people that they actually need training to know they’re supposed to be honest and truthful?

The problem with the scandal at the Court-Appointed Special Advocates (CASA) program in Snohomish County, Wash.,*  is that court decisions describe so much misconduct and it’s so awful that it’s hard to know where to begin. 

So perhaps it’s best to begin here: Everything discussed below is documented in the public record – not in assertions by parties, but in decisions by a judge; decisions that run to hundreds of pages.  And now, we can add three more judges and 29 more pages.

On Monday, an appellate court panel ruled unanimously that there was blatant bias, not just on the part of the CASA program but also the Snohomish County Superior Court (which, at one point actually declared itself and the CASA program effectively one-and-the-same).

The appellate court found so much bias that it threw out the termination of parental rights at the center of it all and ordered everyone back to square one.  They also ordered that square one, and everything else about the case, be located someplace other than Snohomish County.

The bias runs so deep, the appellate court found, that even bringing in a judge from another county isn’t good enough. They tried that, and that judge upheld the termination. But the appellate court found that the judge

heard oral argument on the motions in Snohomish County and relied on a record generated in that biased tribunal in making his decisions.  For that reason the orders [he] entered … do not escape the taint of bias and must be vacated.

It started with CASA


It all began with the CASA program.  So we should begin with a reminder, from a previous post, of what CASA is all about.

CASAs are minimally-trained amateurs, overwhelmingly white and middle-class, who are sent out to investigate overwhelmingly poor disproportionately nonwhite families. Then they recommend to the judge whether the children should be separated from those families, sometimes forever. Judges typically take the advice. 
The most comprehensive study ever done of the program, a study commissioned by the National CASA Association itself, found that it does nothing to make children safer. The study also found that CASA prolongs foster care and reduces the chances children will be placed with relatives instead of strangers.
One CASA program saw no problem when a performer at a fundraiser dressed in blackface, another CASA program fell apart as soon as it had to confront issues of race. A law review article called CASA “an exercise of white supremacy.” 

And for many years, the Snohomish County program used a volunteer who would go on to write a vile screed about the parents he investigated (and another vile screed about Muslims). They are so awful Donald Trump would probably tweet them if he knew about them.

In the case at the center of the scandal, an African-American child was placed with a white foster family days after birth.  And it appears that, from day one, the CASA assigned to the case would do anything to keep it that way, including leaking confidential documents to the foster family.

Another CASA infiltrated a listserv for family defense attorneys to learn about their strategy. (“Infiltrated” isn’t my word; it’s from a decision by Judge Anita Farris, who presided over the case. Judge Farris was praised by the appellate court for acting with integrity throughout.)

But it didn’t stop there.  Judge Farris found that the CASA program conducted a campaign of threats and intimidation against the parents’ lawyers. 

And Judge Farris used another word – one she had not used in her entire judicial career until this case: Perjury.  Judge Farris ruled that  the program engaged in “the blatant withholding and destruction of evidence … rampant, continuing lying …” and “pervasive and egregious” misconduct.

The appellate court seemed particularly struck by the fact that CASA’s

entire hard copy file for this dependency mysteriously “disappeared” from the [CASA] Program’s possession during the post-trial proceedings regarding the [CASAs’] misconduct.

The appellate court decision only scratches the surface of the misconduct.  There is more detail, and links to Judge Ferris’s decisions in this previous post and this one. 

Thumb on the scales of justice


But it didn’t stop there.  The family wasn’t just up against a CASA program that engaged in what Judge Farris called “pervasive and egregious” misconduct. They were up against a court system that did everything it could to help the CASA program win this case, putting a giant thumb on the scales of justice.  Eventually, the Snohomish County Superior Court claimed that it and the CASA program were essentially one-and-the-same – and that forced Judge Farris to recuse herself. 

Somewhat oddly, she still ruled in favor of termination of parental rights, apparently concluding that even disregarding the CASA program’s behavior there was reason to do so. But the appellate court disagreed, finding that the behavior of the court system and the CASA program made a fair trial impossible.  But that was the only area of disagreement.  The appellate court did not dispute any of Judge Farris’ findings about CASA or the Snohomish County Superior Court.  On the contrary, citing precedent that “unchallenged findings are verities on appeal” the appellate judges wrote this:

Here, Judge Farris displayed no personal bias and attempted to conduct an unbiased proceeding. But the sticky wicket is that the tribunal in which A.H.’s dependency and termination proceedings took place was biased because of the involvement of superior court employees working against the parents in this case. … And Judge Farris entered many unchallenged findings of fact in her recusal order and memorandum decision…

All of this led the judges to rule, in effect, that the Snohomish County Superior Court,  by taking sides at all, let alone siding with a CASA program that Judge Farris found engaged in “pervasive and egregious” misconduct is, itself, so biased that it should not be allowed anywhere near this case.

The court ordered a new trial in another county, and the appointment of a new lawyer for the child.

Most media failed, too


All this, of course, challenges the master narrative of most Washington State media. They cling to the view that all parents who become enmeshed in the system are at best sick and at worst evil, and send the message that foster parents, CASAs etc. can do no wrong.  That explains why with the exception of some excellent reporting from Seattle television station KING, the scandal has been ignored. [UPDATE, AUGUST 18: As noted above, the Everett Herald has now done an excellent story.]

Even worse is the behavior of the National CASA Association. The Snohomish program describes itself as “an associated member of Washington State CASA and National CASA.”

So listen again to the functional equivalent of what we’ve heard from National CASA about this scandal:


So, does National CASA have a problem with one of its associated members behaving this way or not? 

What about the other cases?


What are the odds that a CASA program would engage in “pervasive and egregious” misconduct in only one case?  What are the odds that the court system would side with the CASA program and against a family in only one case?   What are the odds that a longtime volunteer who calls the parents he investigated “felons,” “junkies,” and  “dumb as dirt” may have made some, uh, erroneous recommendations that were accepted by judges?

What is to be done about all those other cases?

*-Although it has always been a CASA program, for many years it called itself a Volunteer Guardian ad Litem (VGAL) program.  It’s the same thing, and the program has long been an associated member of National CASA.  It now calls itself a CASA program, but the appellate court decision still uses VGAL.