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COURT-APPOINTED SPECIAL ADVOCATES
Angels in the legal field

Matt Derstine is a Phoenix attorney whose practice focuses on commercial litigation and bankruptcy. Until about a year ago, he didn’t have any experience with Arizona’s foster care system.

Then he read a newspaper article about the Court Appointed Special Advocates (CASA) program. CASAs are trained volunteers who spend time with children in the foster care system, getting to know them, offering friendship and support and advocating on their behalf with the judges, attorneys and caseworkers charged with decisions about their care. Derstine decided to become a CASA.

“I thought it would be a great way to get involved helping kids and giving support,” says Derstine, who works with three boys, their case manager and their foster parents. It’s been “an eye-opening experience,” he says, and it’s not always easy. But he knows he’s making a difference and the time he spends as a CASA feels more rewarding on a personal level than serving on the board of a charity or foundation.

The CASA program began in 1976, when Seattle Judge David W. Soukup decided he wanted to know more about the lives of the children his rulings would affect. The children had attorneys who represented their legal interests but did not have time to get to know their young clients or really understand the challenges in their lives. Soukup’s idea was to link trained community volunteers with children in the foster care system. The volunteers would spend time with the children outside of court and then attend hearings to report their observations.

CASA was first piloted in Seattle in 1977. The program came to Maricopa County in October of 1985, funded by the state’s general fund, federal grants and private donations. In 1991, legislation directed 30 percent of unclaimed lottery winnings to fund CASA. Now operating in all of Arizona’s 15 counties, the program is administered by the Arizona Supreme Court.

CASA’s mission is to ensure that the best interests of an abused or neglected child are represented in court. Two Maricopa County Superior Court Judges with family court experience—Eileen S. Willett and Maria del Mar Verdin—have seen the difference a CASA can make in the life of a child. They wish every child in foster care could be assigned a CASA. But there simply aren’t enough volunteers.

"A CASA is often the most significant person in a child’s life in a time of turmoil,” says Willett. “The CASA is with the child from the beginning to the end of the case, unlike judges who are rotated to different calendars, or caseworkers who are often reassigned. The CASA becomes the eyes and ears of the court, and an advocate for the child. It is not a job, but a calling.  Although CASAs need to be objective, their first and only priority is always the individual child to whom they are assigned. To a CASA, a case is not a case. A case is a child.”

“Although attorneys who choose to represent children have an affinity for children, they are primarily trained to deal with legal issues,” adds Verdin. “An attorney may have responsibility for as many as 100 cases, thus lacking the time and resources to provide personal attention to each child. Caseworkers are overworked and underpaid. A CASA takes the time for a one-on-one relationship with a child or sometimes a sibling group—serving as mentor, guide and listener. CASAs spend time with children and pay attention to the details, bringing to the attention of caseworkers, lawyers and the court an individual child’s needs, for everything from clothing to counseling.”  

CASAs fill the gaps between what lawyers, foster parents and caseworkers do and what else a child needs, says Willett. This may involve helping with homework, attending a school recital or meeting with a teacher. A CASA also can assist in pursuing a correct medical diagnosis for a child, moving a child from a disrupted placement, or moving a child multiple times while an appropriate placement is sought. Willett has seen CASAs assist in unifying a child with his biological family, or be present when parental rights are severed. 

“I’ve seen CASAs help with a child’s life book, so the child can reconstruct a personal history,” says Verdin. “I’ve observed CASAs arrange for prom dresses, bikes, piano lessons, even a duffle bag for a child to use to travel between placements, so the child doesn’t have to carry belongings in a paper bag.”

When children are divided among different homes or facilities, CASAs can  facilitate sibling visitation. When children have committed delinquent acts for which they are sent to detention, CASAs go to those facilities to visit. 

Older children are often the most appreciative of a CASA, as their chances for adoption by a “forever family” are low. CASAs often help them learn to speak for themselves, even to the point of providing transportation to court hearings. 

“Teens in particular benefit from adults willing to help them transition from the foster care system to independent living, especially if such adults are willing to stick around as friends even after the child is released from care,” says Verdin. “Sometimes, older children need CASAs the most, as they have no one, and with no one in their lives, they lack the ability to empathize and bond.”

Laurie Laughlin of Mesa, a CASA volunteer, agreed to work with “John” when he was 12 years old.  Neither would describe their relationship as the “magic fairy dust” that erased John’s early childhood problems, but they both agree it made a difference. It’s hard to say how John’s life might have been different without his CASA, but with her support he managed to graduate from high school. He stays in contact with Laurie, is substance-free, has no criminal record and is employed.

One of the CASA program’s greatest challenges is recruiting more volunteers. The number of dependency cases is at an all-time high. Only 10 percent of the 5,000-plus foster children in Maricopa County are assigned a CASA. 

“Our program just hasn’t been able to keep up with the growing population,” says Robert Hahn, Maricopa County CASA program director.  “A CASA for every foster child should be the goal.”

Willett says there is an especially strong need for male volunteers and CASAs who “look like” many of the children in care—specifically, CASAs of color. 

Judges “sigh a breath of relief” when a CASA is assigned to a case, because they know someone will tell them what they need to know to make the right decisions, Willett says. CASAs are often the only individuals in a foster child’s life who are not being paid to spend time and energy on the child, which offers a very special vote of confidence in the child’s worth and future.

Willett describes CASAs as “Court Appointed Special Angels…godsends.”

“Our volunteers don’t just advocate – they fiercely advocate,” says Hahn. “From the volunteers to the judges, I am humbled by the profound sense of responsibility and strong belief in justice I witness everyday.”

PHOTO: Matt Derstine. Photo by Daniel Friedman.

Learn more

For more information, visit azcasa.org or maricopacasa.org.


Being a CASA.