New state law requires court advocates for children's cases

A new state law requiring advocates for foster children lacks a provision providing the money for such advocates. \nSenate Bill 529 became law July 1, requiring advocates to be appointed for children in abuse and neglect cases. Advocates for children's rights hail the law, saying it is important someone represent youths in court.\nHowever, the assembly failed to allocate money to support the new law, said Sandy Rampley, volunteer coordinator for the local Court-Appointed Special Advocates.\nJamie Jorczak, communications director for the Indiana Senate majority caucus, said the state will work on funding solutions in the future.\n"It's a program that is going to be implemented in phases," Jorczak said. "The state is trying to find solutions to the problem, and because there wasn't an immediate solution, there is no need (for it to be) immediately funded."\nJorczak said funding for the program will be taken into account again during the 2007 budget session.\n"Children's interests are not always the same as their parents', and parents have the right to be represented by an attorney in court. The state of Indiana is represented by a attorney in court," said Rampley. "If the child involved does not have a CASA volunteer, that child has no one to speak to their interests."\nAmy G. Applegate, clinical associate professor of law and director of the Family and Children Mediation Clinic at IU agreed.\nWithout advocates, she said, "there's nobody speaking for (the children) in the proceedings." \nThe advocates are there to look out for the children's best interests, something she said attorneys may not always do.\nFor example, she said, if a child comes from an abusive home with few rules, the child may want to go back to that home so he or she can live without a lot of parental supervision. A court-appointed special advocate would recommend to the court the child not be placed back in that home, even if it was what the child wanted, she said. Attorneys, however, are paid to represent a client's wishes.\nRoger J.R. Levesque, IU professor of criminal justice, said in an e-mail interview that research shows CASA volunteers are at least as good for children as legal counsel.\n"In some cases, CASA is better in that they can spend more time with the children," he said. "Research also shows that having volunteers can increase the chances that children will receive appropriate services and can reduce the number of placements and perhaps even the time they spend in out-of-home care or in the dependency system itself."\nAlthough the state did not secure enough funding this year, Rampley said she believes funding will eventually be secured for child advocates because it is such an important issue.\n"It will happen, but it's going to be a process," she said. "The state doesn't have any money right now either"