The Players

Who are the major players? Seven different parties have important roles to play as the welfare of the child in care is considered and worked out. They are the birth parents, foster parents, caseworkers, the CASA or GAL, mental health professionals, attorneys, and the judge.

Reunification with the birth parents in almost all cases is the first goal after removal. Sometimes the birth parents are lulled by inertia or a sense of entitlement. They may think: “This is my child. How dare the state take my child away! They will have to give him back so long as I don’t do anything really bad.” Instead, the birth parents should demand an early case plan and get started at once on remedying the reasons for removal.

The foster parents are the ones providing the day-by-day care. They have the best firsthand knowledge of the child’s progress and well-being. Yet they are the only ones without legal standing. This does not make much sense. They are trained professional parents without a significant voice to advocate for the children in their care.

Caseworkers hold the central coordinating position. They have the basic legal responsibility for the placement of the child, convening the players, the development of the case plan, monitoring compliance, and making recommendations to the court. They need to understand the danger of delay and may benefit from additional training in child development.

A court-appointed special advocate (CASA) or guardian ad litem (GAL) is often selected by the court to represent the best interests of the child. The court recognizes that the birth parents, foster parents, and caseworkers may all have differing personal agendas. The job of the CASA/GAL is to consider matters from the child’s point of view and so inform the court. To do this job well, the CASA/GAL must spend time with the child both in the home and at school. Knowing the child well is critical to providing informed recommendations.

Mental health professionals, while not major players, may have important roles to play. Psychologists and MSW Social Workers may be asked to perform a Bonding Evaluation, a Psychological Evaluation of the birth parents, or an Adoption Home Study. They may be involved in treating the various childhood mental illnesses, including Reactive Attachment Disorder, Adjustment Disorders, Developmental Delay, Learning Disorders, and others. Therapists and psychologists should understand bonding and be current on the latest research to back up their recommendations in court.

Attorneys represent the various parties considering the child’s placement options. The welfare department and CASA may each have their own attorneys. The birth parents will (or should) have an attorney. The foster parents may bring an attorney and file a “motion to intervene.” And in a competing adoption, the potential parents will each have their own attorneys. What a formula for time-consuming maneuvering and delay! Perhaps it is hoping too much that the attorneys will be eager to serve the child by expediting matters.

The court has the final word. The judge has the task of organizing the contestants, considering the many motions, and listening to all the evidence. Finally, the judge must make the decision which will impact and change the child’s entire life. The judge must move with both wisdom and relative speed.