Tri-County CASA Chat

News and information for court-appointed special advocates in Oklahoma's 12th Judicial District



Wednesday, February 17, 2010

Is It Impossible To Maintain Objectivity?



When prospective CASA volunteers join the program, they are asked to maintain objectivity. It seems, at the time, a fairly straightforward request - one that should be within the ability of most volunteers entering the program. After all, we really don't have a stake in the outcome of the proceedings, right?

But a funny thing happens on the way to the first court hearing. You've met the biological mother. You've met the biological father. Sometimes you've met grandparents, aunts, uncles, and cousins. You've met the teacher...the child's therapist...and the foster parents. And you've met the child.

And in meeting each of these people, you've begun forming opinions, because it's human nature to do so. It is said that most people form their first impression of a person within the first 10 seconds of meeting them.

And, if you've read your file (and you have, because you're nothing if not thorough), then the knowledge of how the case came to be in court has also had an impact on your impressions of the case and the people involved.

And, because you are a child advocate at heart, you feel sorry for the children on your case load and wonder how anyone could do such things to a defenseless child. And now, before it fully registers in your mind that it has happened, you've lost your objectivity.

Or have you?

The National CASA Association explains objectivity in this way:

Volunteers research case records and speak to everyone involved in a child's life, including their family members, teacher, doctor, lawyer, social worker and others. Their third-party evaluations are based on facts, evidence and testimonies.

As CASA staff, we recognize that you are human. You have your opinions, your emotions, and your thoughts and ideas. All of these subjective elements help make you who you are and define your personality.

So, what are we really asking of you when we ask for your objectivity?

1. We want you to read the entire case file and all other case records, including the DHS Intake Investigation. Only in reading everything can you get a full picture of what is happening with a case.

2. We want you to talk to all of the involved parties, even if you aren't sure whether or not you will like them. In doing so, please keep safety foremost in your mind and either take a staff member with you on your visits or meet parties in a neutral location, such as a coffee shop or restaurant.

3. We expect you to collect information from the people you speak with. The information you collect must be based on facts, evidence, and testimony. Ask the person you are speaking with if they would be willing to testify to the information they are sharing with you. If they are not willing to speak on the record, ask them if you can tape the interview or if there is another way that you can find the information.

4. We expect you to keep written communication (reports, letters, etc.) free of the first-person pronoun. When a CASA states in a report, "I found the home to be filthy, the rooms filled with trash, food left on dishes on the countertops, and the floors not to have been swept in at least a month," it leaves the impression that you found the state of the home to be offensive. You may very well have felt that way. However, stated in the third person (CASA visited the home on 2/17/10 and found it to be filthy, with the rooms filled with trash...), the sentence is taken as fact from the viewpoint of a CASA volunteer who has the training and experience to recognize that the home is not in the appropriate condition.

5. Don't overlook the fact that photographic evidence from cameras, cellular phones, and video cameras can be the most objective forms of evidence available to the court. The old saying goes, "A picture is worth a thousand words," and indeed, we have found that to be true. A photograph or video can tell the story without any words at all, and both are difficult to refute in court.

6. Recognize that an objective report is a fair report. A CASA volunteer who reports what the parents have done, as well as what they have not done, presents a much more balanced snapshot of the case to the court than one who includes only successes or only failures.

7. We understand that you will have your opinions of people and situations, but keep them to yourself. If you begin sharing your opinion with others related to the case, then you are, by your own words, hinting at your inability to be objective. There are some things that need not be said to anyone but your Advocate Coordinator. Your opinions, in the hands of a skilled attorney, can be used to show your lack of restraint, failure to protect confidentiality, and/or your complete lack of objectivity.

8. Remember that the place to express your opinions, and in a most judicious way, is within the confines of the "Issues of Concern" or "Recommendations" section of your report. As you have learned in training, concerns and recommendations must flow from the factual data listed in the body of your report. Only the factual information in your report can be utilized to form these concerns.

It is not impossible to maintain objectivity, in fact, it is quite easy to do if you keep your focus on the facts and not on your opinion.

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