The National Court Appointed Special Advocate Association (CASA) has established standards for states in the operations of its CASA programs.
The mission of the National Court Appointed Special Advocate (CASA) Association, together with its state and local members, is to support and promote court-appointed volunteer advocacy for abused and neglected children so that they can thrive in safe, permanent homes.
From the point of identifying deficiencies in the child welfare system, I am compelled to address each area pursuant to the enumerated standards below, for the sole purposes of ameliorating fraud.
Standard 1: The state organization has a mission and purpose that is consistent with the goal of developing and supporting quality volunteer advocacy in court for children who are abused and neglected.
How is it the state organization can "develop and support" quality volunteer advocacy when it does not address the issues, well documented by the U.S. DHHS and U.S. DOJ, as well as each state auditor general, when it comes to "develop and support" the means and methods for reporting suspected fraudulent activities to the states ombudsman office or the attorney general, as mandated in federal grant reporting?
RECOMMENDATION: CASA ESTABLISH TRAINING OF VOLUNTEERS TO REPORT SUSPECTED FRAUD, WASTE AND ABUSE TO STATES ATTORNEY GENERAL MEDICAID FRAUD CONTROL UNIT AND OTHER STATES DESIGNATED CHILD WELFARE OVERSIGHT AGENCIES.
Standard 2: The state organization has a body responsible for governing the organization, overseeing compliance with all applicable laws and regulations and ensuring ethical conduct.
This is completely and utterly false by applying a simple First Amendment prong test: does an individual have the ability to redress grievance? In many instances, CASA is still a private organization where there is no formal public body of oversight established. If one, whether it be a child, parent, or anyone of affinity or consanguinity wishes to file a complaint against a CASA volunteer, being a volunteer, there is no regulatory oversight body. One may not grieve to a legislative official as this is a court activity and one may not grieve to the courts as there is a pending case.
CASA volunteers do not take oaths of office neither are they required to be agents of the courts, as in attorneys.
The only road to recourse is blocked by indemnification and quasi-immunities. There are no vehicles for contractual disbarment, license revocation, fines, sanctions or prosecution.
RECOMMENDATION:CASA FORMULATE AND IMPLEMENT A FORMAL GRIEVANCE PROCESS, INCLUDING THE MAINTENANCE OF A DATABASE, TO BE REPORTED TO STATES COURT ADMINISTRATIONS.
Standard 3: The state organization engages in a strategic planning and assessment process to establish its goals and priorities and to evaluate its effectiveness in achieving its mission.
If CASA does not maintain and warehouse grievances, how is it Continuous Quality Improvement programs exist to allow strategic planning and assessment? Are there internal controls and if so, what are they, because I surely have no idea. Even after I interviewed directors of local CASA programs, internal controls could not be identified. Local CASA offices have no local goals.
This, essentially is Anti-Trust activities. No competition means there the opportunity for improvement has been surgically removed from any activities for quality improvement.
RECOMMENDATION: CASA IDENTIFY AND PUBLISH CONTINUOUS QUALITY IMPROVEMENT POLICY AND IDENTIFY INTERNAL CONTROLS FOR THE NATIONAL AND LOCAL ORGANIZATIONS.
Standard 4: The state organization has written policies for recruitment, selection, inclusion, training and performance, which are guided by generally accepted human resources practices.
Unfortunately, in many states, individuals who were never found to be guilty of the crime of abuse and neglect may not have their names removed from Central Registry. These are individuals who would be most knowledgeable of the child welfare system and more likely to provide innovative ideas and insight into what is best for the children and the families. This is a population that is excluded from advocacy.
Another excluded population is community representatives. Most of the time CASA volunteers to not come from the neighborhoods of the children they represent and have very little understanding of the social fabrics that have led to the situations they represent.
RECOMMENDATION:ENGAGE AND ENCOURAGE LOCAL COMMUNITY REPRESENTATIVES TO VOLUNTEER AND PROVIDE INPUT FOR IMPROVEMENT FOR CASA.
Standard 5: The state organization manages its operations in accordance with generally accepted financial and risk-management practices.
Standard 6: The state organization provides information and education to promote CASA/GAL advocacy for abused and neglected children.
CASA/Guardain ad litem(GAL) does not always represent abused and neglected children. Not all children in the foster care system are abused and neglected. Therefore, this is false public information. In many instances, poverty, or for a better working example, not having access to medical resources, is grounds for opening an abuse and neglect case. When this is such the situation, there should be no negative connotations on a child who must enter foster care in order to receive services.
RECOMMENDATION:CASA ADOPT A PROACTIVE APPROACH TO OFFERING PUBLIC SERVICES TO BETTER EDUCATE THE PUBLIC OF THE INNER WORKINGS OF THE CHILD WELFARE SYSTEM.
Standard 7: The state organization promotes the integrity and quality of the CASA/guardian ad litem program and the delivery of the highest quality advocacy services to children who are abused and neglected.
Again, not all children involved in the child welfare system are abused and neglected.
RECOMMENDATION: CASA CONTINUE PROGRESSIVE ADVOCACY SERVICES TO ALL CHILDREN IT REPRESENTS
Standard 8: The state organization is a member of the National CASA Association and meets its standards, requirements and policies.
RECOMMENDATION: THE NATIONAL CASA ORGANIZATION CONTINUE TO ASSURE COMPLIANCE OF ITS STATE ORGANIZATIONS TO ENSURE COMPLIANCE TO ITS NATIONAL STANDARDS, REQUIREMENTS AND POLICIES.
Standard 9: The state organization engages in comprehensive planning for the initiation and start-up of its operations.
RECOMMENDATION: NATIONAL CASA ADOPT THE POLICY RECOMMENDATIONS SET FORTH HEREIN.
Standard 10: The state organization is committed to inclusiveness and diversity as essential values. It demonstrates these qualities in its own operation and promotes them in local program governance, management and quality advocacy for the state’s abused and neglected children.
RECOMMENDATION: NATIONAL CASA ADOPT THE POLICY RECOMMENDATIONS SET FORTH HEREIN.
The child welfare system needs reform but it may only happen if all parts of the whole are on board.
Hey CASA, come join the movement to stop Medicaid Fraud in Child Welfare!
CASA State Standards 2009
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