Houston attorneys play a vital role in Child Advocates, a non-profit organization that mobilizes court-appointed advocate volunteers. These volunteers serve as guardians ad litem for children to prevent them from getting lost in the system. They play an important role in breaking the cycle of child abuse and neglect.

Last year, Child Advocates volunteers, many of them Houston bar members, worked over 47,000 hours to assist children in our community. Their dedication makes a difference in the lives of the children they touch and in the community as a whole. But, the volunteers often find that they receive even more than they give.

Take the case of Kevin,1 age 3, who was admitted to the hospital for drug overdose when he accidentally ingested the PCP that his mother and her boyfriend had been using to get high. His mother, 26, rushed him to the hospital when he began foaming at the mouth. When the drugs were out of Kevin’s system, Child Protective Services took Kevin and his two brothers into custody.

Kevin’s mother, Cindy, was told by CPS that she would have to take part in CPS’s program, Family Plan of Service, before the court would even consider giving her custody of her children. Afraid and angry at CPS for taking her children from her, Cindy refused to talk with CPS.

 At that point, Dena, a volunteer with Child Advocates, was appointed as a guardian ad litem for the children. As a court-appointed advocate, Dena’s job was to determine what was best for the children. After meeting with Cindy, Dena was able to convince Cindy that she had to make a choice—either participate in the programs CPS offered and get her life together, or lose her children. Dena explained that she was not part of the judicial system or CPS, but that she was only there to advise the court about what was best for Cindy’s children.

At that point, with the support of Dena, Cindy entered into an inpatient drug rehabilitation program and took part in parenting classes and other programs offered by Family Plan of Service. Dena checked in periodically with Cindy and spoke with her drug treatment coordinator and counselors. She was pleased to learn that Cindy’s drug tests were all coming back negative and that Cindy had made a commitment to being a responsible parent.

Meanwhile, the children were moved into a foster home. The oldest child, Chris, confused about why he was taken from his mother, began lashing out at Kevin, as he unconsciously blamed Kevin for being taken away from his mother. Dena saw this during her visits to the children, and she recommended counseling. After counseling, the children gradually adjusted. They got used to Dena’s presence and began trusting her, as she was one of the few constants in their lives.

At first Cindy was only allowed supervised visits for two hours every two weeks. But as Cindy progressed, and continued progressing in her treatment and counseling, the judge in her case agreed to allow longer visits, supervised by Dena, in Cindy’s home.

Around that time, Cindy gave birth to a fourth child. Due to a miscommunication, the baby was taken from Cindy when it was just three days old. Cindy immediately called Dena, who was able to go to the judge to recommend that the child be placed with Cindy. About a week later, the baby was placed with Cindy in custody of the state. The other three children were returned to Cindy on Christmas Eve that year, and CPS and Dena continued to monitor the situation to make sure the children were safe. Dena still keeps in touch with the children two years later.

Had no Child Advocate volunteer been involved, Cindy might never have gotten the treatment she needed, and the children would certainly not have had the support and guidance that they received.

Duane King, a Houston attorney, has served Child Advocates for the past five years. He began volunteering when he learned about the stress CPS is under, given the large numbers of cases for which each worker is responsible. He has remained an advocate because he realizes that he serves an important role in helping children through one of the most tumultuous times of their lives.

Child Advocates (then called CASA) began 24 years ago with three volunteer staff members and a vision to provide a voice for children who were victims of child abuse and neglect. Although volunteers do not have to be lawyers, lawyers are often excellent advocates because of their familiarity with legal documents, familiarity with the legal system, and their comfort level in dealing with the courts.

Once appointed by a juvenile court judge as a guardian ad litem for a child, a court-appointed advocate volunteer gathers information about the child’s status and needs, including interviewing anyone who might be able to help determine what is in the best interest of the child. This might include interviewing the child’s parents, family members, counselors, and teachers. The advocate then presents a written report to the court and may be called to testify about his or her recommendations regarding the child’s care. The advocate serves as liaison between the child’s attorney, CPS, the judicial system, and those involved in the child’s development, such as foster parents, counselors and teachers.   

One of the most important aspects of the program is the special attention the children get from their advocate. While a CPS worker may be assigned to 50 cases (each case often involving multiple children) at any given time, a Child Advocate volunteer is generally only assigned to one case. Child Advocate volunteers are therefore able to spend more one-on-one time with the children and their families. This not only means that the court will have more information regarding what is in the best interest of the child, it also means that the child has someone to talk to and depend on throughout the process. Because the child often associates the CPS worker and judge with taking them away from their parent, the advocate is often able to support the child in a way that the others involved in the process could not.

The advocate also has more time to devote to the parents’ rehabilitation. While CPS has many programs available, CPS workers often do not have the time to encourage parents to get help; the focus is making sure the children are safe. But child advocates are able to encourage the parents to get help, which is often the best option for the children. In Dena’s case, this help meant the difference between four children in foster care and four children living with their mother, who had dedicated herself to becoming a good parent.

Court appointed advocates also serve as a mentor—a “constant” the child can depend on during a very tumultuous time. They are often involved in the children’s lives even on a personal level—attending birthday parties and basketball games.

Eddy De Los Santos, a Houston defense attorney, has demonstrated the importance of this aspect of being an advocate. Eddy got involved with the organization in February of 2001, while he was in law school. Now he is on his fifth case, and he has served 20 children over that time period. He got involved with the organization after hearing a speaker talk about Child Advocate’s dedication to stopping the cycle of child abuse.

Eddy recognizes the importance of the Child Advocates program beyond custody issues. One child that he has served dreamed of graduating from high school, but the school told her she would not be eligible. Eddy went to the school and helped administrators find a way for her to graduate, if she would agree to work after school, take an online course, and add an extra class to her schedule. He has also helped her find scholarship opportunities and is still motivating her to achieve her dreams.

Child Advocate volunteers receive extensive support from the organization. Not only do they receive 30 hours of training, they also are supported and assisted by an advocacy coordinator. Advocates spend about two to five hours per week on the case.

Eddy says that helping children after a long, stressful day at the office puts things into perspective. He has seen so many children in horrible situations, but many still have great outlooks on life, and he has learned that he has a lot for which to be thankful.

 The Child Advocates Web site is www.childadvocates.org.

Crystal Parker practices litigation at Jackson Walker L.L.P.  She is a member of the editorial board of The Houston Lawyer.    

 

Endnotes
1. The names have been changed to protect the children’s anonymity.