Special Advocates Research Articles

Essential Advance Care Planning Intervention Features in Low-Income Communities: A Qualitative Study

ContextOlder adults with low socioeconomic status (SES) participate in advance care planning (ACP) at lower rates than those with higher SES. Community feedback is an essential component of intervention design for communities with fewer social and health resources to ensure that the intervention is relevant and meaningful. ObjectivesTo understand the perspectives for potential interventions, we aimed to qualitatively explore participant priorities for ACP intervention development. MethodsUsing a qualitative descriptive design, we recruited and conducted individual and one-time, semi-structured interviews with older adults (aged 50+) with low income (< $20,000/year) (n = 20), Recruitment methods included flyers and in-person recruitment and purposive and snowball sampling methods. Following a thematic analysis plan, themes emerged from recursive transcript review by two independent coders and inductive categorization of the most robust codes. ResultsTwo themes captured participants’ perspectives regarding ACP intervention development: 1) specialist advocacy and reliability and 2) person-centered communication. Older adults with low SES prioritize ACP communication that is driven by their goals and that is led by trustworthy specialists that advocate for their needs. ConclusionOur work highlights that intervention preferences were informed by the prior strain and struggle of waiting on other kinds of health and social services. We propose an adapted model for community research collaboration to promote equity in addition to practice and policy recommendations.

The Conundrum of Defining and Prosecuting Terrorism: A Review of United Kingdom and International Reponses

Terrorism presents one the biggest criminal justice postmodern challenges worldwide. The way criminal justice systems proact and react to mitigate and prevent such criminality raises a plethora of legal, socio-political, and strategic hurdles relating to how terror crime is defined, the human rights of the accused, protecting due process when using secret courts, the use of special advocates, the use of national security courts, civil rights i.e., freedom of association, cross-jurisdictional information sharing, and the requirement or right to prosecute etc. In this article, which is influenced by criminological theory, the definition of terror crime in the United Kingdom and at an International level is examined to ascertain whether common definitional elements exist, and the complex and competing local and International interests that are being balanced in preventing and/or prosecuting such crime.

Perceptions of Prospective Advocates Attaining Legal Education During the Covid-19 Pandemic

Advocates are one of the elements of law enforcement that are crucially needed by justice seekers; hence, a good legal education is needed. Then, how is the advocate education process during the COVID-19 pandemic? This study will reveal the perspectives of prospective advocates in participating in the Special Advocate Profession Education (PKPA) during a pandemic about how their motivations, reasons, and experiences continue to follow the education process under the shadow of the coronavirus that still exists. This qualitative research was conducted on 40 prospective advocates who participated in the 12th PKPA Batch in 2021. The data were obtained by conducting in-depth interviews with each PKPA participant and recording them. Furthermore, audio analysis was conducted to maintain the validity of the data. The findings showed that a strong passion for becoming an advocate is their ambition, and the legality of PKPA organizers and the application of health protocols are the reasons for prospective advocates to continue their education during a pandemic. Another finding was the experience of PKPA participants who considered that new adaptations were needed, and feelings of limited and technical obstacles were barriers that had to be further corrected in the implementation of advocate education. The implications of this research are to provide constructive advice for advocate education providers in implementing PKPA well during the pandemic and provide more attractiveness to prospective participants to participate in PKPA comfortably and safely.&#x0D; &#x0D; Received: 30 August 2022 / Accepted: 21 October 2022 / Published: 5 November 2022

Parental health in the context of public care proceedings: a scoping review of evidence and interventions

BackgroundChild protective services (CPS), or equivalent systems, have statutory power to remove children from birth parents via public family care proceedings in instances of child abuse, neglect, or concerns around parenting capacity. Parents who have children subject to care proceedings, referred to here as birth parents, often have complex health and social care needs that can predispose them to CPS involvement. We aimed to review what is known about the health needs of these birth parents and the interventions available to support their needs. MethodsIn this scoping review, we searched PubMed, Scopus, and grey literature using the search terms “health”, “care proceedings”, and “parents”. We included all publications in English that reported parental health in the context of care proceedings from Jan 1, 2000, to March 1, 2021. Findings1328 studies were identified by the search, of which we included 61 (4·5%) in our review. 35 (57%) of 61 studies reported on maternal health, 25 (40%) on the health of both parents, and one (2%) on the health of fathers alone. 41 (67%) studies described parental health need and these were conceptually categorised into mental health, physical health, substance misuse, developmental disorders, and reproductive health. Health inequities and poor access to services were described across all categories, with health needs often predating care proceedings, and sometimes the child's birth. 20 (33%) studies described interventions to support parental health and these were all targeted at mothers, with eight (40%) of the 20 studies formally or informally also supporting fathers. We grouped interventions into alternative family courts; holistic, tailored services; and specialist advocacy or peer support. InterpretationParents who have children subject to care proceedings have complex health needs. The studies included in our review strongly suggest that health issues are exacerbated by child removal, triggering deteriorating mental health, poor antenatal health for subsequent pregnancies, and avoidable mortality. Our findings highlight the need for targeted and timely intervention for parents to improve whole-family outcomes. There are models that have been designed, implemented, and tested using trauma-informed, relationship-based, multidisciplinary, family-focused, and long-term approaches. FundingThere was no funding for this study.

Accessibility of transportation to child‐welfare involved parents and the related impact on court‐ordered service participation

AbstractFamilies involved with Child Protective Services (CPS) face daunting steps to meet their service plan goals in the effort to achieve reunification with their children. Families who lack transportation access face additional barriers. This study explored Court Appointed Special Advocates, or CASA, volunteers' perspectives of the impact of transportation access on child welfare‐involved families' service participation. Semi‐structured interviews were conducted with nine CASA volunteers in a large city in a Southeastern state. Questions were asked regarding volunteers' experiences of transportation access for parents and children. Primary emphasis was placed on families' access to services. Three primary themes emerged in the data analysis: (1) challenges are wide‐ranging, exacerbated by transportation issues; (2) transportation linked to court‐ordered services success; and (3) practical recommendations stem from transportation justice. Interviews illuminated transportation challenges faced by families involved with CPS. The observed link between transportation inequity and CPS permanency outcomes warrants serious consideration in future research. Recommendations provide initial guidance to begin addressing disparities faced by these families.

Chapter 7 – Curing Complexity: Moving Forward from the Toronto 18 on Intelligence-to-Evidence

This chapter addresses one aspect of Canada’s “intelligence to evidence” (I2E) problem that both featured in the Toronto 18 prosecutions and has since occupied courts (and presumably agencies): criminal trial challenges to warrants supported by intelligence and used to collect information employed either to seed a subsequent RCMP investigation (or wiretap warrant) or as evidence of guilt in a subsequent prosecution. These matters implicate so-called Garofoli applications. The awkward interface between these Garofoli applications and I2E may constitute the single most perplexing (and possibly resolvable) I2E issue. Specifically, this chapter asks whether Garofoli applications heard ex parte (that is, with only the government party before the court) and in camera (that is, in a closed court) would be constitutionally viable under section 7 of the Charter. We conclude that closed material Garofoli applications with built-in procedural protections — namely statutorily-mandated special advocates — would meet constitutional standards.

Supporting and Expanding Statewide CASA Programs

AbstractCourt Appointed Special Advocate (CASA) programs around the U.S. are searching for ways to increase the number of volunteers they can recruit and retain so more youth in care can be served. Through focus groups and interviews, study authors collected and analyzed qualitative data on the essential tasks of CASA volunteers, while also soliciting ideas regarding program expansion. Four themes were identified: (1) CASA volunteers do what others on the case can’t always do; (2) CASA volunteers make an impact on case outcomes; (3) Statewide structures and resources are essential to the program’s success; and (4) Program innovations that will improve CASA practice.

The Role of Court Appointed Special Advocates (CASAs) in the Lives of Transition-Age Youth with Foster Care Experience

The Role of Court Appointed Special Advocates (CASAs) in the Lives of Transition-Age Youth with Foster Care Experience

Prosecuting terrorism: secret courts, evidence and special advocates. The panoply of challenges facing criminal justice, the United Kingdom perspective

ABSTRACT Crimes such as terrorism pose some of the biggest contemporary challenges to criminal justice systems across the world. Systemic reaction in preventing such criminality raises numerous legal and political issues, for instance, cross-jurisdictional collaboration, investigation and prosecution and of course the erosion of civil liberties such as the right to privacy. This article explores two current criminal justice challenges posed by terrorism: the successful prevention, prosecution and management of perpetrators and matters relating to due process and fairness. The idea of a National Security Court (NSC) or ad hoc NSC is developed around the criticisms levied at the use of secret courts and Diplock trials, the rigorous testing of evidence and special advocates in the United Kingdom. The evidence used to prosecute such criminality is explored, taking motivation from Foucault’s ‘panopticons’ and Benjamin’s ‘crystal constellations’ to create ‘coincidental forensics’, where fragments of evidence from criminality are brought together to complete a picture. The overarching aim of this article is to highlight some of the contemporary challenges facing criminal justice in balancing a set of complex competing interests in relation to terror crime.

The Sovereign's Brigands

Abstract The essays in this collection, “Rethinking Sovereignty,” draw on the historiography of postcolonial studies to cast new ways of apprehending the semantic ambiguity of the idiom of power. By anatomizing the language of sovereignty derived from colonialism and statist nationalism, the editors of this special section advocate for a graded geography of political thought. They also gesture at the capaciousness of the historiographies of Asia to include various, particular, but no less historically significant manifestations of statehood. Sartori argues further that, by taking a more capacious view of records produced and preserved by the Uzbek khanates (roughly from the 1750s to the 1860s), an engagement with Central Asian history allows us to inscribe banditry into the complex, at times puzzling, texture of pre-Westphalian forms of sovereignty, and, in so doing, help us expand and fine-tune our analytical baggage when addressing forms of fragmented rule.

Child Victim Services in the Time of COVID-19: New Challenges and Innovative Solutions.

The impact of COVID-19 has been felt by all facets of the criminal justice system and victim services agencies. The ability to monitor and report maltreatment has been severely limited for organizations that work with children of abuse and neglect; this is particularly troubling given that abuse and neglect are likely to rise during times of distress and turmoil. The purpose of this paper is to discuss the importance of organizations that work with children exposed to maltreatment, highlight the novel approach of Child Advocacy Services, SEGA, Inc. (CASSEGA), the sponsoring agency for Court Appointed Special Advocates (CASA) and the Ogeechee Visitation Centers, in rural southeast Georgia and how the COVID-19 pandemic has challenged this work, and develop strategies that can be put into place to alleviate these challenges for other child-serving organizations.

About the Contributors

About the Contributors

Families Requesting Advocates for Children With Disabilities: The Who, What, When, Where, Why, and How of Special Education Advocacy.

Because parents face barriers in advocating for their children within the special education system, some families request help from a special education advocate. In this study, we evaluated the perceptions of caregivers who requested advocacy support to understand why, for whom, when, and where the advocacy services were needed; how the advocate helped; and what the outcomes of the advocacy process were and which variables related to better outcomes. We conducted structured interviews with 36 families who had requested help and connected with an advocate over a 3-year period. Compared to national norms, families were more likely to request an advocate if their child had ASD, was in elementary school, and lived in non-rural areas. Family requests were most often for advocate attendance at IEP meetings; help to resolve disagreements with the school concerning supports and services; and information about school services and parental rights. Most advocate assistance was for a short duration, although a longer duration process, advocate attendance at meetings, and more intensive advocate assistance were all related to better outcomes. Most participants were satisfied with the advocate and with the end-result of the advocacy process. Findings are discussed in terms of implications for future research and practice.

Perspectives on Informed Consent Practices for Minimal-Risk Research Involving Foster Youth.

* Abbreviations: GAL — : guardian ad litem IRB — : institutional review board There are >430 000 children in protective custody (ie, foster care) in the United States.1 Despite known health disparities,2–5 there continues to be limited research to develop an evidence base for diagnosing and intervening to improve health conditions for children in foster care.6 One identified obstacle to recruitment is obtaining informed consent, the legal requirement for understanding and voluntary agreement to participate in research. Foster youth do not have a traditional parent or guardian and instead have many adults playing different roles in their lives, including their children’s services caseworker, their foster caregiver, their biological parent, their court-appointed special advocate or guardian ad litem (GAL), and their judge or magistrate. Each plays a role in decision-making for the child and could participate in the informed consent process. Previous work has demonstrated inconsistent approaches for obtaining informed consent for youth in foster care to participate in minimal-risk research; a review of 49 publications revealed 14 different combinations of individuals used for informed consent, ranging from judge, caseworker, and caregiver consent with youth assent to biological parent consent only.7 For pediatric researchers wanting to develop evidence-based health guidelines and interventions for this population, obtaining consent from a legally empowered guardian for foster youth may appear to be an insurmountable barrier. Consensus would be beneficial to promoting research … Address correspondence to Mary V. Greiner, MD, MS, Department of Pediatrics, Cincinnati Children’s Hospital Medical Center, 3333 Burnet Ave, ML 2011, Cincinnati, OH 45229. E-mail: mary.greiner{at}cchmc.org

Lessons from the field: An evidence-informed resiliency model for child abuse organizations

BackgroundChild abuse organizations are keenly aware of the impact helping abused and neglected children has on the people who do that work. In their efforts to address this issue, they look to their colleagues for recommendations on what works. Of particular value is testimony from those who have used evidence-informed programs to mitigate the impact on staff, so services to children do not suffer. Objective, participants and setting, resultsThe Resiliency Project provided that evidence-informed program, one that was developed for and by the child abuse field in 2009. With funding from the Office for Victims of Crime, The University of Texas at Austin team of researchers, educators and practitioners developed the Organizational Resiliency Model (ORM) specifically for the child abuse field. The model draws from research on strengths individuals who are resilient have, and offers strategies for organizations to use to build resiliency in their staff. The ORM was piloted with 24 leaders from the field, including children's advocacy centers (CACs); court-appointed special advocate (CASA) programs; and government-based child welfare agencies. This article reviews the research basis for the ORM and new research supporting the model, and offers lessons learned through structured interviews with 10 child abuse leaders who piloted the ORM and continue to use it ten years later. ConclusionsUsing the ORM, based on evidence available at the time, supported by new research and attested to by child abuse leaders who have sustained the model in their organizations, can promote a healthy and resilient workforce.

Helping Parents Navigate the Child Welfare System: Partnering with CASA to Create Self-Advocacy Resource Kits

There are 442,995 children in contact with child welfare systems in the U.S. today (HHS, 2018). While some children represented in this statistic were victims of abuse, such as physical (12%) or sexual abuse (4%), many of these children and their families come to the attention of child protection authorities because of neglect (62%), meaning that their parents/caregivers lack adequate resources to properly provide and care for their dependent children (HHS, 2018). For some families, involvement with child protection authorities means being separated–with children placed in foster care and parents working through the court-mandated requirements in order to be reunified with their children. For other families, children are allowed to stay at home while their parents work through these requirements under supervision of authorities. In neither case are parents involved with Indiana’s Department of Child Services (DCS) given a “how to” guide for successfully navigating this process–the amount of guidance given to parents varies drastically based on the caseworker, judge, service providers, and public defenders assigned to their case. The goal of this paper is to describe a pilot effort to provide empirically sound “self-advocacy resource kits” to parents in the child welfare system in one Indiana county, in partnership with the organization that aims to advocate for the best interests of children at the center of these cases–Court Appointed Special Advocates (CASA).

The Effect of CASA on Child Welfare Permanency Outcomes.

The present study is the largest and most rigorous study to date on the effects of being appointed a Court Appointed Special Advocate (CASA) on permanency outcomes of children in foster care. The intent-to-treat study accounts for selection bias by applying inverse probability weighting to logistic and sequential logistic regressions in a large sample of children in foster care in the state of Texas (N = 31,754). Overall, children appointed a CASA have significantly lower odds than children without a CASA of achieving permanency. They have lower odds of being reunified, greater odds of being adopted (if not reunified), and lower odds of being placed in permanent kin guardianship (if not reunified or adopted) than children who are not appointed CASA. This study makes an additional contribution by looking beyond the aggregate effect of CASA on permanency by examining the effect of CASA for different age groups and different types of first placement after removal.

Maintaining Institutional Strength: The Court, the Act of State and the Rule of Law

With a view to strengthening Hong Kong’s institutional protection against challenges arising from national security, this paper explored, for the first time in a comprehensive manner, the relatively unexplored concepts of the act of state and fact of state under the Basic Law. It reviewed the controversial recent practice of a special advocate, and argued that the politically appointed Secretary for Justice should be confined to a political role and that an independent Director of Public Prosecution be established. It proposed ways to strengthen judicial independence and concluded that preserving the core values of Hong Kong is the best way to serve the interests of Mainland China and Hong Kong.

Bill C-59 and CSIS’s “New” Powers to Disrupt Terrorists Threats: Holding the Charter-Limiting Regime to (Constitutional) Account

In 2017, the Liberal government released Bill C-59, which was its update to the national security legislation that was introduced by the previous government via Bill C-51. Bill C-59’s goal was to address the criticisms of its predecessor, including the new “kinetic” powers granted to the Canadian Security and Intelligence Service (CSIS) to actively disrupt threats to the security of Canada. While Bill C-59 made some improvements to ensure that CSIS’s new powers are exercised in accordance with the Charter, there are still deficiencies to be addressed. This article reviews the changes brought in with Bill C-59, examines how those amendments may not avoid constitutional challenge, and outlines what a section 1 Oakes justification may look like. Ultimately, to address the Charter implications of the new legislation, further changes are required, including the use of court-appointed special advocates to ensure an adversarial system and further oversight of CSIS’s new, disruptive authority.

In a World of Their Own: Security‐cleared Counsel, Best Practice, and Procedural Tradition

This article charts how security‐cleared counsel have been constructed as a mechanism for managing the tension between security and fairness in secret trials and transferred across national boundaries as an example of ‘best practice', before going on to evaluate recent cross‐cultural and transnational research on this ‘best practice'. Particular attention is paid to the central role played by the European Court of Human Rights (ECtHR) in promoting the role of ‘special advocates’ and a contrast is made between the methodologies deployed by the Court and those used in recent research to identify and problematize ‘best practice’ within the closed world of security‐cleared counsel. The article then goes on to explore the relationship between ‘best practice’ and procedural tradition and argues that normative solutions advancing ‘best practice’ need to pay careful attention to the procedural contexts and cultures in which they are embedded.