Sunflower Justice: A New History of the Kansas Supreme Court

9. Retreat to Conservatism

9. Retreat to Conservatism The Political Scene Beginning with the territorial period, the categories of marriage, divorce , child custody and support, adoption, and abortion were left to state control. In the latter decades of the twentieth century, while the Kansas Supreme Court continued to recognize actions of sister states on marriage and divorce, it began modifying common law on these topics and processing children in need of special services. The Court Appointed Special Advocate (casa) program was instituted to meet the needs of the latter and proved to be a great success, although it was hampered primarily by an insufficient number of volunteers and funding to support them. The casa movement began in 1977, when David Soukup, a Seattle Superior Court judge, discovered the difficulty of making decisions with insufficient information on behalf of abused and neglected children . He surmised that community volunteers who could speak for children ’s best interests could provide a solution. Fifty citizens responded to his summons, and the casa movement was born. The program succeeded beyond his wildest dreams, spreading rapidly, and three decades later almost sixty thousand volunteers were helping these children in about a thousand state and local offices, some known by names different from casa. These volunteers have helped over two million children find safe and permanent homes.¹ After extensive training, casa volunteers are appointed by judges to be advocates of abused and neglected children and to make certain they are not lost in the overburdened legal and social systems or do not lan- Retreat to Conservatism 299 guish in an inappropriate group or foster home. A volunteer remains with his or her case until the child is placed in a safe, permanent home, and often that volunteer constitutes the one constant adult who really cares about that child. The volunteer serves as a fact-finder for the judge, speaks for the child in the courtroom to represent the child’s best interests, and continues as a “watchdog” for the child during the duration of the case to bring it to a quick and appropriate conclusion. To prepare for their representation, casa volunteers interview the child, the parents, other family members, social workers, and medical authorities. Volunteers review all school and case-worker files, creating a comprehensive examination to present to the judge along with a recommendation that serves the child’s best interests. The casa worker does not provide legal representation in the courtroom but advises the judge on the child’s best placement: with parents or guardians, in foster care, or freed for permanent adoption. This also, of course, assists the attorneys in presenting their cases. casa workers do not advocate the child’s wishes; instead, they present the child’s best interests as they view the situation. They explain to the child what is happening and the roles the judge, the lawyers, and the social workers play in deciding the child’s future, all the while remaining as an objective advocate.² These volunteers were divided nationwide in the late twentieth century at 82 percent women and 18 percent men. About half are employed in part-time or full-time jobs, work fifteen to twenty hours monthly for the children, and come from all walks of life. The success of the program is demonstrated by the fact that children who have been assisted by casa workers tend to spend less time in the foster care system, and they also have increased odds of finding permanent homes. Most casa programs are nonprofit and are funded primarily by various service organizations . It is a priority program of the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention.³ Kansas law requires those in healing arts, optometrists, teachers, social workers, law enforcement officers, and other professionals to report cases of suspected child abuse or neglect to the Department of Social and Rehabilitation Services (srs). In 1988, the year of casa’s origins 300 Retreat to Conservatism in the Sunflower State, the srs reported almost twenty-five thousand cases of abuse or neglect. Anyone can file a petition to have a court assume jurisdiction over a child. The casa volunteer may be engaged in issues of custody, protective orders, supervision, or severance of parental rights, although all involved are dedicated to the attempt to preserve the family unit. casa volunteers are immune from civil liability.4 The Kansas casa program was similar to an early one in Sedgwick County called Roots...