Three years ago, Judge Philip Hubbard’s decade-long career on the King County Superior Court took an interesting turn. Instead of continuing to preside over run-of-the-mill civil legal disputes, he was rotated to hear dependency cases in Family Treatment Court involving innocent children falling victim to their parents’ appalling conduct.
A dependency case is initiated when a child is removed from the parents’ home for abuse or neglect. Shortly thereafter, the child becomes a ward of the state and is placed under the protection of a legal guardian.
According to Judge Hubbard, dependency cases can be emotionally draining because abused children are involved and the facts are generally distressing. “I have to remind myself — I’m not a social worker in a black robe,” he said. “Instead, it is my duty to protect the constitution and not lose sight of due process or deviate from the rule of law.”
In addition to being emotionally difficult, dependency hearings also are incredibly complicated because the parents in Unified Family Court often have alcohol or drug dependency issues, on top of parenting problems. To make sure the child stays the primary focus, Judge Hubbard always puts a picture of the child at the front of the courtroom during the hearing. “It reminds everyone why we are there,” said Judge Hubbard.
While Judge Hubbard does everything within his power inside the courtroom to guarantee the hearing is focused on the best interests of the child, outside the courtroom he relies on the eyes and ears of perhaps his most important allies — social workers and volunteer guardians ad litem, also known as Court Appointed Special Advocates (CASA) — to fill him in on important details.
Dependency CASA volunteers advocate in the best interests of abused and neglected children who are the subjects of Juvenile Court proceedings. They are responsible for reviewing records pertinent to the case and providing a true, unfiltered report of the child’s familial and living situation. The CASA drafts a report after meeting and talking with the child, and interviewing parents, family members, school personnel, healthcare providers, foster parents, the social worker assigned to the case and others who have contact with the child.
The CASA report is an invaluable resource for judges because it helps them make a decision about whether the biological parents are fit to retain custody or whether termination of parental rights is necessary. According to Judge Ronald Kessler, who also presides over dependency cases at the King County Superior Court Juvenile Division, “Often, it is clear that it is in the best interests of a child to be adopted by a loving, competent parent or parents. The law, appropriately, requires the court to first consider the rights of the biological parents before making termination decisions.” The report allows the judge to make that determination after reading an unbiased story of the child’s living situation and past.
The court has authority to appoint a CASA for the child at the first hearing on the dependency petition to ensure the child’s story is accurately represented in court. Every CASA volunteer goes through a careful screening process and is required to complete 28 hours of training before being assigned to a case.
According to Judge Hubbard’s bailiff, Christine Henderson, “CASA volunteers are extremely dedicated to seeing that the child’s voice is heard loud and clear in court and often times the CASA is the only one who truly knows the child and what is best for him or her.”
But the CASAs are not the only additional players in dependency cases whose work is very valuable. Attorneys who volunteer to represent CASAs on a pro bono basis at dependency hearings also provide an important legal service. Without volunteer attorneys to protect the CASA during testimony regarding the child, the CASA is usually unrepresented and can feel intimidated by opposing counsel or have to answer a slew of questions that warrant an objection.
“The government lacks the funding to pay for lawyers for CASAs,” said Judge Kessler. “Volunteer attorneys who represent CASAs in dependency cases can make a tremendous difference in the life of a child whose short existence may be marred by abuse and neglect.”
Currently, there is a great need for attorney volunteers at the Dependency CASA Program. The program requires volunteer attorneys to exhibit a series of qualities, as opposed to credentials, to volunteer. Specific-ally, the program seeks to recruit volunteer attorneys who are committed to children, sensitive to cultural issues, willing to maintain objectivity, have the ability to be problem solvers and are able to make an 18-month commitment, among other important qualities.
The program also provides training and technical assistance to all newcomers and is a great way for associates to develop litigation skills, become familiar with local judicial officers and manage a case independently. For more information about the Dependency CASA Program and how to get involved, please visit http://www.metrokc.gov/kcsc/depcasa.htm.
Volunteering in dependency cases — either as a CASA or as a volunteer attorney — is important to making sure the legal system works properly and in favor of the child at issue. In return, volunteers have the opportunity to work with Washington’s neediest children, which, in addition to being vital, is rewarding in its own right.
“What’s needed is a sustained, professional commitment to addressing dependency problems,” said Judge Hubbard. And what if more CASAs and attorneys volunteered with the Dependency CASA Program? “Then the best interests of the child would be even better represented and children would be better cared for,” he said. “And that, right there, is the ultimate objective.”
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