Winter 2003 Articles Section
Perspectives on CASA Programs
Court Appointed Special Advocates (CASAs): A Review of Their Effectiveness
By Pat Litzelfelner, Ph.D.

Perspectives on Adoption
Expediting the Adoption Process at the Appellate Level
By Justice Evelyn Lundberg Stratton

Perspectives on Media Coverage of Youth Issues
It's News, But Is Steinberg's Case Really 'Significant'?
By Mitchell Stephens

Perspectives on School Based Conflict Resolution
Recommended Guidelines for Effective Conflict Resolution Education Programs in K-12 Classrooms, Schools and School Districts


  If you prefer to read this article separately from the other articles listed in this section, please
 

Perspectives on CASA Programs
Court Appointed Special Advocates (CASAs):
A Review of Their Effectiveness*

By Pat Litzelfelner, Ph.D.**

This review summarizes empirical research findings about the impact that Court Appointed Special Advocates (hereinafter, CASAs) have on child outcomes, foster care processes, and court processes. This body of research describes the positive role that CASAs have played in the lives of children caught in the child welfare system. Research on CASA effectiveness is relevant to the field of juvenile justice, as children exposed to the juvenile justice system have often had earlier exposure to the child welfare system. The Office of Juvenile Justice and Delinquency Prevention, the National Council of Juvenile and Family Court Judges, and the American Bar Association have long been supporters of CASA programs.(1)

Since 1974, the federal Child Abuse Prevention and Treatment Act has mandated that children involved in judicial proceedings as a result of abuse or neglect be appointed a Guardian Ad Litem (hereinafter, GAL) to represent them in court proceedings.(2) Dissatisfied with the work of the attorney GALs, a Seattle judge conceived the idea of using trained community volunteers as GALs.(3) These citizen volunteers later became known as CASAs.(4)

Since this 1977 decision by the Washington state court, CASA programs have spread nationwide. In the year 2000, 898 CASA programs with approximately 58,600 volunteers represented 229,000 children.(5) This represented a major increase from 1977 when there was only one program in place with 110 volunteers serving 498 children.(6)

CASAs are trained community volunteers who make a commitment for the duration of a child's involvement with the child welfare system. Because CASA volunteers are usually assigned only one case at a time, they are able to give more time and attention to a case than attorney GALs who commonly have large caseloads. Furthermore, volunteer CASA or volunteer CASA/GALs act as an impartial influence in judicial proceedings because they advocate only for the child and do not side with either the state or the parent. Consequently, children involved in judicial matters benefit from the advocacy efforts of a neutral party.

There are four CASA program models used across the United States. The first model, used by approximately half of the CASA programs nationwide, is the GAL model in which the CASA volunteer is appointed as the child's GAL.(7) Under the second model, the Friend of the Court model, the CASA volunteer serves as an impartial observer, conducts investigations, and makes recommendations to the court.(8) Approximately 25 percent of all CASA programs use this model.(9) The third model is the Team model, which is used by approximately 15 percent of the programs.(10) Under the Team model, the court appoints a CASA volunteer and an attorney to perform the functions of the GAL.(11) Finally, under the fourth model, the Monitor model, the CASA volunteer monitors court orders for compliance and alerts the court about failures to comply.(12) This model is used least, and the Monitor-type CASAs have little, if any, contact with the children and families and are seldom engaged in advocacy activities.(13)

Since the inception of the CASA movement, only a handful of studies have been conducted on how CASAs effect the lives of the children they serve. This article reviews this research, specifically focusing on the effectiveness of CASAs in helping achieve positive outcomes for children.

I. Description of the CASA Studies

The results of eleven empirical studies utilizing quantitative methodology are described in this article.

Litzelfelner conducted a quasi-experimental longitudinal study in Kansas from 1994 through 1996 using information on two groups of children in foster care in two counties.(14) Specifically, 119 children with CASAs were compared to 81 children without CASAs by taking into account several variables.(15) The study examined case closure rates, final placements, length of time in the system, placement stability, services, court processing times, court continuances, and types of placement.(16) All children in the study had attorney GAL representation.(17)

A study by McRoy examined case records of two groups of children from two counties in east Texas whose cases had reached closure the previous year.(18) Specifically, eleven children who had a CASA volunteer assigned to them were compared to eleven children who did not.(19) The two groups were matched according to gender and ethnicity in order to examine group differences in outcome and process variables.(20) The variables examined included length of time in the system and placement stability.(21)

A study by the Oregon Governor's Task Force on Juvenile Justice collected data retrospectively from statewide records and also conducted informal surveys about effective representation for children.(22) The Task Force compared the length of time in the system and the types of placement for children who had been represented by a team model to outcomes of children without any representation.(23)

Smith conducted a study which utilized Texas state database records for 1991 and 1992 to evaluate CASA effectiveness.(24) Two groups of children, 307 children who had been assigned a CASA volunteer and 306 children who had attorney representation only, were compared as to outcome and process measures.(25) Of relevance were the findings on the children's final placements, their length of time spent in the system, and their placement stability.(26)

Another study, by Abramson, was conducted in Fresno, California.(27) Twenty eight children who entered the court system during the course of the study were randomly assigned to the program and assigned a volunteer.(28) The same number of children who entered the court system but were not assigned to the program were considered the control group.(29) Some of the variables compared for the two groups included the types of final placement, rates of re-entry into the system, and case plan goals.(30)

Leung conducted a quasi-experimental study using data from the Denver Juvenile Court system for 1990, in which 66 children with CASA volunteers were compared to 131 children without CASA volunteers.(31) Specifically, the outcomes considered included placement types and placement stability.(32)

Poertner and Press also conducted a quasi-experimental study in Kansas City using information from case records.(33) They compared 61 children who had a CASA volunteer as their GAL to 148 children who had a staff-appointed attorney as their GAL.(34) The children were compared as to whether they received a final placement and the types of placement, the rate of re-entry into foster care, the length of time spent in the system, the court processing time, the case plan reviews, court continuances, and services ordered or provided.(35)

Condelli conducted a two-year nationwide study that compared the following five models of representation for children: a private attorney, a staff attorney, a law student, a CASA volunteer teamed with a staff attorney, and a CASA volunteer independently representing the child.(36) Condelli selected nine sites and chose twenty-five cases at each of the study sites.(37) The data was collected retrospectively from case file information and the following variables were analyzed for group differences: length of time in the system, court processing time, case plan goals, case plan reviews, type of placement, placement stability, and services provided or ordered.(38)

A study by CSR, Inc. provided a follow-up study to Condelli's 1988 study.(39) This 1990 study compared three models of representation for children: staff attorney, private attorney and volunteer CASA.(40) The follow-up study focused on describing the roles and activities of the different models of child representation.(41)

The Connecticut Study by Wert, Fein and Haller examined outcomes for children in a county served by community volunteers (not a sanctioned CASA program) to outcomes for children in a county where volunteers were not utilized.(42) Some of the outcome variables considered were case closure and resolution, length of time in the system, court processing time, and case planning goals.(43)

The last study reviewed was conducted in Flint, Michigan by Duquette and Ramsey.(44) They compared the effectiveness of three models of representation: citizen volunteers teamed with court appointed attorneys (not a sanctioned CASA program), law students, and private attorneys.(45)

II. CASA Study Findings on Child Outcomes

Congress, in enacting the Adoption Assistance and Child Welfare Act of 1980, recognized the importance of placing children in safe, permanent homes and the detrimental effects of multiple placements and long-term foster care on the lives of children.(46) This review, in part, describes the extent to which CASAs have been instrumental in addressing these concerns. Specifically, the studies examined here describe whether and how CASAs are helping to realize some of the objectives of the Adoption Assistance and Child Welfare Act of 1980.(47)

For the purpose of comparison, the child outcomes reviewed include case closure and resolution, types of final placement, re-entry rates into the system, and the length of time children are under court jurisdiction. Presented below are the studies' findings regarding the effect of CASAs on each of these outcomes.

A. Case closure and resolution

Case closure is achieved when a final placement is made for a child. Three of the CASA studies examined case closure rates as an outcome measure.(48) One found no difference for children with or without CASA volunteers.(49) A second found that case closure with the court was quicker for children with citizen volunteers than children without volunteers.(50) And the third found that children with a community volunteer took less time to reach case closure than children without a volunteer.(51)

B. Final placement

According to the Adoption and Safe Families Act of 1997 and current child welfare practices, a permanent placement for a child involved with the child welfare system is defined as the reunification of the child with his/her biological family, placement with relatives or legal guardians, or adoption.(52) Long-term foster care is not considered a permanent placement.

Five of the studies reviewed specifically examined final placement as an outcome measure.(53) While three of the studies discovered that children with CASAs were more likely to be adopted or to achieve a final placement than children without CASAs,(54) one of the studies found no differences in final placements for children with or without CASAs.(55) The fifth study found no difference in the number of children placed with relatives based on three models of representation.(56)

C. Child re-entry

Data regarding re-abuse rates are difficult to obtain because the re-abuse of children after discharge from the child welfare system often goes unreported. Due to this difficulty, re-entry rates are often used as the best obtainable measure regarding child safety and permanency.(57)

Although three of the studies reviewed here considered re-entry rates as an outcome measure, the results of these studies are inconclusive as to whether CASAs have any effect on re-entry rates.(58) For example, on the one hand, Abramson's study found that petitions alleging new incidents of abuse or neglect were more frequently filed in the control group cases than in cases with CASAs and that children with CASAs were less likely to re-enter the foster care system than children without CASA volunteers.(59) In contast, the Duquette and Ramsey study demonstrated that when the child's GAL had special training in child abuse and neglect, the child was actually more likely to re-enter foster care at a later date than children whose GALs did not have special training.(60) Furthermore, the Poertner & Press study found no difference in the re-entry rates for children assigned CASAs versus court appointed attorneys as GALs.(61) Therefore, the researchers concluded that children with CASA representation did as well as children with attorney representation in terms of re-entry rates.(62) These disparate findings suggest that more research is needed to determine whether CASAs have any effect on reentry rates.


D. Timely achievement of permanence

The timely achievement of permanence for children is also considered an important outcome in child welfare practices because it is believed to be in the best interest of the child to move through the system quickly and establish permanency in a family home. Seven of the studies considered the length of time children with and without CASAs spent in the system (Litzelfelner; Condelli; Poertner & Press; Smith; Wert, et al; McRoy and the Oregon Governor's Task Force on Juvenile Justice).(63) However, like the re-entry rate results, these studies also were inconclusive as to whether CASAs positively affected the length of time children spent in the system.

Two of the studies found that the children with CASAs spent less time in the system than children without CASAs.(64) While this suggests a positive effect on this child outcome, three other studies contradicted this result. Specifically, the three studies found that children with CASAs spent longer time in the system than children without CASAs.(65) In addition, two other studies found few or no differences between lengths of time in the system.(66)

III. CASA Study Findings on Foster Care and Court Processes

This section presents the findings on foster care and court process activities. Specifically, the outcomes that are reviewed include: court processing time, case plan goals, case plan reviews, court continuances, placement in the least restrictive setting, placement stability, and the number and types of services provided to children and families.

A. Court processing time

Court processing time is the time from the initial protective custody order to the initial court hearing. Court processing time affects the amount of time children are involved in the child welfare system and the time it takes to achieve permanency. Five of the studies examined whether CASAs made a difference with respect to this process outcome.(67) Four of the five found no differences in court processing time based on the model of representation or the appointment of a CASA volunteer.(68) The fifth study found that children with assigned volunteers moved through the court process more quickly than those who did not have a volunteer.(69)

B. Case plan goals

Under the Adoption and Safe Families Act, child welfare agencies are instructed to write case plans which reflect permanency goals.(70) Three of the studies reviewed here indicated that CASAs positively affect permanency planning. For example, the first of these studies found fewer children with CASAs, compared to children without CASAs, that had long-term foster care as their case plan goals, and that children with CASAs were more likely to have case goals of placement with parents or relatives, or adoption.(71) The second study discovered that children with CASAs had a higher number of case goals changed from reunification to adoption than children with other types of representation.(72) And the third study determined that children with a community volunteer were "freed up" for adoption faster than children who did not have a volunteer.(73)

C. Case reviews

The Adoption and Safe Families Act mandated that case reviews be held at least every six months by the child welfare agency, as well as by the judicial system.(74) Only two of the studies examined this process outcome. The first of these found that for children with CASA representation, there was less time between court reviews than for those under other GAL models.(75) The Poertner and Press study discovered no difference between CASA and comparison cases on the number of case reviews.(76) Thus, while these studies indicate that CASAs may speed up the process by which case reviews take place, they do not indicate that CASAs lead to a greater total number of case reviews.

D. Court continuances

Court continuances also were included as an outcome measure because they delay movement and decisions for children and because they affect the amount of time children are under court jurisdiction. Court continuances may occur when a judge needs to reschedule a hearing due to an overloaded docket, a scheduling conflict or by the request of one of the parties. Although two of the studies measured the number of court continuances children experienced, neither study found a difference between CASA and comparison cases for the total number of court continuances.(77)

E. Placement in the least restrictive setting while in care

Another process measure considered was placement. This outcome is important because children should be placed in the least restrictive setting consistent with their needs while involved in the child welfare system. Litzelfelner's study found no differences in the type of placement for children with CASAs and children without CASAs throughout the course of the study.(78) Litzelfelner, along with one other study, discovered no differences in the amount of time children spent in the home of a biological parent or relative based on the model of representation or the assignment of a CASA volunteer.(79)

Three of the studies reported positive findings for children with CASAs compared to their counterparts. Condelli reported that children who had CASAs were more likely to be placed with siblings while in care than were children without CASA representation.(80) The two other studies showed that children with CASAs spent less time in out-of-home placements.(81) Notwithstanding these positive findings, Poertner and Press discovered that children with CASAs spent less time in their own home than children with attorney representation.(82)

F. Placement stability

When it is necessary to remove a child from the home of a biological parent for safety reasons, it is desirable that the child not experience multiple foster care placements — what is commonly known as "foster care drift."(83) Five studies examined whether children with CASAs experienced fewer placements after their removal. Of the five studies reviewed, only one concluded that children with CASAs experienced fewer placements than children without CASAs.(84) Three of the studies actually found that children with CASAs had more placements after removal than children without CASAs.(85) The fifth study found no difference, however, in the number of placements based on the model of representation.(86)

G. Services

Another foster care process associated with positive case outcomes is the number and types of services families and children receive while involved with the child welfare system. Five studies examined whether children with CASAs received more services than other children. Litzelfelner found more services were provided to children and families with a CASA volunteer compared to children and families who did not have a CASA volunteer.(87) Poertner and Press also showed that more services were ordered for children with CASAs, but found no difference in the number of services ordered for the family for those with CASAs than those without CASAs.(88) C.S.R., Inc. and Condelli found that children with CASAs had more treatment, evaluation, and services ordered per court hearing than children with other types of representation.(89) This research also showed that CASAs were more likely to recommend appropriate services than attorneys.(90) Lastly, Duquette and Ramsey demonstrated that children with trained GALs had more orders for treatment and services than children whose GALs did not have special training.(91)

IV. Discussion of Findings

The number of children involved with the child welfare system continues to rise and there are growing indications, for example, high re-entry rates, lengthy time in foster care, frequent placement changes and the number of class action lawsuits filed against child welfare systems, that the system is failing children. In addition, at least twenty-one states have operated under consent decrees or court orders that mandate improving services for children.(92) Despite these trends, CASA programs hold promise for helping children who have been abused or neglected. For example, CASAs can serve to monitor this system and perhaps improve case outcomes as well as foster care processes. Because CASAs are being used to address some of the weaknesses of the child welfare system, it is important to have a better understanding and measure of the effect that these programs are having on child outcomes as well as foster care and court processes.

There have been some quantitative examinations of the influence that CASAs and GALs have on various child outcomes and process variables. These studies, while inconclusive, have shown promising results. For example, with respect to child outcome measures, one study demonstrated that children with court-assigned volunteers were more likely to experience case resolution than children without assigned volunteers. Another study demonstrated that children with CASA volunteers were less likely to re-enter the foster care system than children without volunteers. Three studies indicated that children served by CASA volunteers were more likely to be adopted. This strongly suggests that case advocacy by CASAs may affect permanency planning for children. However, results regarding the length of time children spend in care are mixed when children with CASAs are compared to children without CASAs. While some of these studies show the positive impact that CASAs can have on child outcomes, there are also studies that show no difference in these outcomes for children with CASAs.

With respect to foster care and court processes, the research more strongly suggests that CASAs significantly influence these activities. One study demonstrated that children with community volunteers moved through the court process more quickly than children without volunteers. Two studies demonstrated that children with CASAs were more likely to have case goals which reflected permanency than children not served by CASA volunteers. However, the studies examining placement types were inconclusive, as were the studies regarding the number of placements children experienced while in care. Three studies demonstrated that children and families served by CASA volunteers had more services ordered by the court and more services provided by the child welfare agency than children without volunteers.

Although some studies reported no differences in outcomes between children with CASAs as GALs and attorneys as GALs, this result is often interpreted as a positive finding for CASA programs because of the cost differential between CASA volunteers and attorneys. Several researchers have remarked on the cost-effective nature of the volunteer programs compared to attorney representation, and report that volunteers perform as well, if not better, than the attorneys with respect to creating positive outcomes for children.

There are several limitations to the studies. Of the ten studies located, only seven were CASA studies (versus GAL or attorney studies) and five of those date back to almost ten years. Seven studies attempted to make group comparisons with only three reporting the equivalency of the comparison groups and one utilizing true random assignment. In addition, most of the studies relied primarily on retrospective data collection using court or child welfare agency records. Several of the researchers noted difficulties in obtaining permission to access court and child welfare records as well as the amount of missing data in the records they were able to access.

As a whole, these studies indicate that children with CASA volunteers do as well or better on various key outcome and process variables than children without CASAs or children with attorney GALs only. Consequently, given the status of the child welfare system in the United States and the cost effectiveness of the CASA volunteer program, these volunteer programs should be supported and encouraged to continue. In addition, more research should be conducted to better understand the effect that these volunteers have on the lives of the children they serve.(93)

V. Conclusion

There is an indication that the CASA movement will continue to grow, such as the yearly increase in the number of new volunteers and programs, the reauthorization in 1996 for volunteer CASAs to serve as GALs for children in judicial proceedings, the increase of federal funding to CASA programs through the Office of Juvenile Justice and Delinquency Prevention, and the increase in the number of participants at the National CASA conferences. Perhaps what is needed to strengthen the CASA movement is training and supervision that emphasizes the outcomes for children, as well as an emphasis on advocacy strategies that assist volunteers in moving children through the system. Moreover, child welfare workers, CASAs and attorneys should be collaborative partners rather than adversaries, all working together to assure that children have safe and permanent homes.

*This article originally appeared in the Children's Legal Rights Journal. For information on the Journal, please see www.luc.edu/schools/law/centers/childlaw/journal/child_journal.html
**The author is an Assistant Professor at the University of Kentucky College of Social Work, Lexington, KY.

1 NAT'L CASA ASSOC., ABOUT NATIONAL CASA, at http://www.nationalcasa.org/casa/about.htm (last visited Apr. 8, 2002).
2 42 U.S.C. § 5103 (b)(2)(G) (1976).
3 NAT'L CASA ASSOC., CASA HISTORY, at http://www.nationalcasa.org.newsroom/history.htm (last visited Apr. 8, 2002).
4 Id.
5 NAT'L CASA ASSOC., ANNUAL LOCAL PROGRAM SURVEY 5 (2000) at http://www.casanet.org, (last visited June 25, 2002).
6 Supra note 3.
7 LARRY CONDELLI, DEPT. OF HEALTH & HUMAN SERVICES, ADMIN. FOR CHILDREN, YOUTH & FAMILIES, NAT'L EVALUATION OF THE IMPACT OF GUARDIAN AD LITEMS IN CHILD ABUSE OR NEGLECT JUDICIAL PROCEEDINGS, A-7 (1988).
8 Id.
9 Id.
10 Id.
11 Id.
12 Id.
13 Id.
14 Pat Litzelfelner, The Effectiveness of CASAs in Achieving Positive Outcomes for Children, 79 CHILD WELFARE 180, 182 (1999).
15 Id. at 183.
16 Id. at 186-90.
17 Id. at 183.
18 Ruth G. McRoy, East Texas CASA: A Program Evaluation 3 (Apr. 30, 1998) (unpublished research paper, Center for Social Work Research, University of Texas at Austin (on file with author).
19 Id.
20 Id.
21 McRoy, supra note 18 at 3.
22 Oregon Task Force on Juvenile Justice, Effective Advocacy for Dependent Children: A Systems Approach (1995) (unpublished report) (on file with author).
23 Id.
24 Stephanie Smith, The Effects of CASA Volunteers on Case Duration and Outcome 2 (1992) (unpublished report, Texas Dept. of Protective and Regulatory Services )(on file with author).
25 Id. at 3.
26 Id. at 5-6.
27 Shareen Abramson, Use of Court-Appointed Advocates to Assist in Permanency Planning for Minority Children, 70 CHILD WELFARE 477, 479 (1991).
28 Id. at 484.
29 Id. at 480.
30 Id. at 483-85.
31 Patrick Leung, An Evaluation of the Court Appointed Special Advocate Program (CASA) in Denver Juvenile Court 9 (June 11, 1990) (unpublished research paper, University of Hawaii at Manoa) (on file with author).
32 Id. at 1.
33 John Poertner & Allan Press, Who Best Represents the Interests of the Child in Court?, 69 CHILD WELFARE 537, 537 (1980).
34 Id.
35 Id. at 541.
36 Condelli, supra note 13.
37 Id.
38 Id.
39 CSR Inc., Nat'l Study of Guardian Ad Litem Representation (unpublished report) (1990).
40 Id.
41 Id.
42 E. Sue Wert et al., Children in Placement (CIP): A Model for Citizen-Judicial Review, 65 CHILD WELFARE 199, 199 (1986).
43 Id. at 200.
44 Donald N. Duquette & Sarah H. Ramsey, Representation of Children in Child Abuse and Neglect Cases: An Empirical Look at What Constitutes Effective Representation, 20 U. MICH. J.L. REFORM 341, 341(1987).
45 Id. at 341-42.
46 Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. § 671.
47 Id.
48 Litzelfelner, supra note 14; Duquette & Ramsey, supra note 44; Wert et al, supra note 42.
49 Litzelfelner, supra note 14, at 186.
50 Duquette & Ramsey, supra note 44, at 385.
51 Wert et al, supra note 42, at 200-01.
52 Adoption and Safe Families Act, Pub. L. No. 105-89, 111 Stat. 2115 (codified in various sections of 42 U.S.C.).
53 Abramson, supra note 27, at 483; Poertner & Press, supra note 33, at 541; Smith, supra note 24, at 6; Litzelfelner, supra note 14, at 186; Duquette & Ramsey, supra note 44, at 378.
54 Abramson, supra note 27, at 485 (demonstrated that adoption was more likely a planned or achieved objective for children with CASAs that for children without); Poertner & Press, supra note 33, at 545 (reported that children with CASAs were more likely to be adopted than children with attorney representation only); Smith, supra note 24, at 6 (Children with CASAs were more likely to be adopted or emancipated at case closure).
55 Litzelfelner, supra note 14 at 188 (no difference for children assigned CASAs and those assigned attorney GALs only).
56 Duquette & Ramsey, supra note 44, at 380.
57 R.P. Barth & M. Berry, Outcomes of Child Welfare Services Under Permanency Planning, 61 SOCIAL SERVICES REV. 69 (1987).
58 Abramson, supra note 27, at 485; Poertner & Press, supra note 33, at 545; Duquette & Ramsey, supra note 44, at 388.
59 Abramson, supra note 27, at 485.
60 Duquette & Ramsey, supra note 44, at 388.
61 Poertner & Press, supra note 33, at 545.
62 Id. at 548.
63 Litzelfelner, supra note 14; Condelli, supra note 13; Poertner & Press, supra note 33; Smith, supra note 24; Wert et al, supra note 42; McRoy, supra note 18; Oregon Task Force on Juvenile Justice, supra note 22.
64 Oregon Task Force on Juvenile Justice, supra note 22 (children without any representation were in the system longer than children with a CASA and an attorney); Wert et al, supra note 42, at 200 (children with a community volunteer were in the system nine weeks less than children without volunteer).
65 Litzelfelner, supra note 14, at 188 (children with CASAs were under court jurisdiction for 26 months on average which is longer than the 23 month average for children without CASAs); McRoy, supra note 18, at 3 (children with CASAs were in system on average 2.5 years compared to the 2 years children without CASAs spent in the system); Smith, supra note 24, at 5 (children with CASAs spent 36.4 months in systems compared to the 25.7 months spent by children without CASAs).
66 Condelli, supra note 13, at 26 (showed few differences among the five models of representation); Poertner & Press, supra note 33, at 545 (showed no difference between children with CASAs and children with attorneys as GALs).
67 Litzelfelner, supra note 14, at 186; Poertner & Press, supra note 33, at 545; Condelli, supra note 13, at 26; Duquette & Ramsey, supra note 44, at 385; Wert et al., supra note 42, at 200.
68 Litzelfelner, supra note 14, at 186; Poertner & Press, supra note 33, at 545; Condelli, supra note 13, at 26; Duquette & Ramsey, supra note 44, at 385.
69 Wert et al., supra note 42, at 200.
70 42 U.S.C §671(a)(16).
71 Abramson, supra note 27, at 484.
72 Condelli, supra note 13, at 6.
73 Wert et al., supra note 42, at 200.
74 42 U.S.C §675(5)(B).
75 Condelli, supra note 13, at 18.
76 Poertner & Press, supra note 33, at 542.
77 Litzelfelner, supra note 14, at 189; Poertner & Press, supra note 33, at 544.
78 Litzelfelner, supra note 14, at 188.
79 Id.; Duquette & Ramsey, supra note 34, at 378.
80 Condelli, supra note 13, at 12.
81 Leung, supra note 31, at 15 (demonstrated that children with CASA volunteers spent less time in out-of-home placements than children without volunteers); Oregon Task Force on Juvenile Justice, supra note 22 (reported children without any representation spent 11 months longer in out-of-home care than children with representation, i.e., 37 months compared to 26 months).
82 Poertner & Press, supra note 33, at 544.
83 H.S. MAAS & R.E. ENGLER, CHILDREN IN NEED OF PARENTS (Columbia University Press 1959).
84 Litzelfelner, supra note 14, at 188 (found that children with CASAs experienced fewer moves while in care, 2.5 versus 5.25 moves for children without CASA volunteers).
85 McRoy, supra note 18, at 3 (found that children with CASAs experienced an average of four moves compared to the average three moves experienced by children without); Smith, supra note 24, at 7 (demonstrated that children with CASA volunteers had more placements than children without CASAs); Leung, supra note 31, at 15 (found that children with CASA volunteers spent less time in their 3rd and 4th placements than children without CASAs).
86 Condelli, supra note 13, at 8.
87 Litzelfelner, supra note 14, at 190.
88 Poertner & Press, supra note 25, at 544.
89 CSR, Inc., supra note 39; Condelli, supra note 13, at 8.
90 CSR, Inc., supra note 39; Condelli, supra note 13.
91 Duquette & Ramsey, supra note 44, at 390.
92 Robert Pear, Many States Fail to Fulfill Child Welfare, N.Y. TIMES, March 17, 1996, at A1; C.G. PETR, SOCIAL WORK WITH CHILDREN AND THEIR FAMILIES: PRAGMATIC FOUNDATIONS, 172 (1998).
93 There are several limitations to the studies. Of the ten studies located, only seven were CASA studies (versus GAL or attorney studies) and five of those date back almost ten years. Seven studies attempted to make group comparisons with only three reporting the equivalency of the comparison groups and one utilizing true random assignment. In addition, most of the studies relied primarily on retrospective data collection using court or child welfare agency records. Several of the researchers noted difficulties in obtaining permission to access court and child welfare records as well as noting the amount of missing data in the records they were able to access.

 

 
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Perspectives on Adoption
Expediting the Adoption Process at the Appellate Level*
By Justice Evelyn Lundberg Stratton**

A supplier sues a contractor for breach of contract. Following a period of discovery and several continuances and three years after the complaint was filed, a two-week trial is held. There is a jury verdict for the supplier and the contractor appeals. The appellate process takes eighteen months before the court issues its decision. Another six months passes before the Supreme Court declines jurisdiction. After five years, the supplier eventually is paid for the goods delivered, plus interest on the judgment.

An abused and neglected two-year-old child is removed from her home and placed into foster care. A social services agency files a dependency action in juvenile court. The child is shifted to a second foster home when her foster parents decide to move. Meanwhile, three attempts at family reunification fail. The court eventually conducts a final hearing three years after the child was removed from her family. Although an adoptive family has been located, the child must remain in foster care, because an appeal is pending. The appellate process takes eighteen months before the court issues its decision. Six months later, the Supreme Court accepts jurisdiction. Another year passes before the Court conducts oral arguments and issues its opinion.

That two-year-old girl is now age eight and permanently scarred from six years of frequent moves among foster homes and sporadic visits with drug-abusing parents. She has watched six summers and holiday seasons pass as she waits to become part of a real family. The family who sought to adopt her as a toddler has reconsidered and now declines to adopt an emotionally troubled eight-year-old. The little girl, now available for adoption, remains in foster care, yearning for new parents. There is no award of interest on a judgment that will make her whole.

Cases involving termination of parental rights and adoption issues are about the lives of children, rather than contracts, insurance, business disputes, or water rights. The legal system views these cases as numbers on a docket. However, to a child, waiting for a resolution seems like forever-an eternity with no real family and no sense of belonging.

There is a movement stirring to change the adoption process. This movement considers what is in the best interests of the child and sees the world through the eyes of a child. There is a nationwide initiative to train judges, child welfare personnel, attorneys and even volunteers to move courts and agencies toward meaningful change in this direction. For example, the National Council of Juvenile and Family Court Judges has written a guidebook to address and teach the best courtroom practices for cases involving children. [FN1] The Council has also established model courts throughout the country as training sites where judges and court personnel can learn ways of expediting justice for children and families. [FN2]

This movement began with the enactment of the Adoption and Safe Families Act of 1997 (ASFA). [FN3] The Act shortened the time frames for court hearings and permanent placement in order to minimize the amount of time that children spend in foster care. [FN4] The Act clarifies that the health and safety of a child are paramount in decisions regarding family reunification. [FN5] The focus must be on the health, safety, and permanency of children from the beginning of a child protection case. State agencies are required to document their activities and services in furtherance of these goals. [FN6] The Act's purpose is to free more children for adoption while simultaneously requiring that the process move quickly, so as to move toward permanency for these children. [FN7]

The Act requires that a court conduct a permanency hearing within twelve months after a child enters foster care. [FN8] It encourages concurrent planning, i.e., planning for reunification while concurrently making an alternative plan for permanency or adoption. [FN9] If the reunification fails, a second plan is ready and in place. [FN10] In certain circumstances, reasonable efforts to unify a family need not be attempted if a court finds that the parent from whom the child was removed subjected that child to aggravated circumstances such as abandonment, torture, chronic abuse, [FN11] or if the parent committed murder [FN12] or voluntary manslaughter of the child's sibling [FN13] or committed a felonious assault that resulted in serious bodily injury to the child or a sibling. [FN14]

In 1999, Ohio enacted its own version of the Adoption and Safe Families Act. [FN15] Ohio's Act, like the federal one, mandates that courts consider what is in the best interests of the child when making dispositional orders in dependency and neglect cases or when a child is in the temporary custody of a public children's services agency or a private child placement agency. [FN16] Ohio also requires that the child's health and safety be considered paramount when determining whether an agency has made reasonable efforts to reunify a family. [FN17] Like its federal counterpart, Ohio also does not require reasonable efforts at reunification under certain circumstances.[FN18] These circumstances include when the parent of the child has been convicted of or pled guilty to certain specified offenses, such as murder, assault, rape, various sexual crimes, or child endangering. [FN19] These circumstances also include when the parent has repeatedly withheld food or medical treatment from the child, except in certain instances involving recognized religions. [FN20]

Delays in the judicial process contribute to the concerns addressed by ASFA. These delays may be affected by local court rules, individual caseloads, priorities of a particular court, or even the work ethic of individual judges. Termination of parental rights and adoption cases may be given priority or may only be treated as any other case.

There is inconsistent treatment among courts on a nationwide basis with respect to cases involving termination of parental rights and adoption, particularly at the appellate level. Currently, approximately half of the states have statutes or court rules that address expedited appeals on a statewide basis. Some states merely give vague and non-specific instructions—i.e., "at the earliest practicable time"—while other states specify strict guidelines. Appendix A provides a summary of various state requirements that address expediting cases involving children.

Currently in Ohio, three appellate judicial districts have local rules that provide an expedited review and determination of matters involving children. The Second, [FN21] Fourth, [FN22] and Fifth [FN23] Appellate Districts give priority to appeals involving custody and parental rights; however, these local rules are not uniformly enforced. The Rules of Practice of the Ohio Supreme Court provide an expedited process only for election matters that require prompt disposition relating to a pending election. [FN24]

It is vital that appellate courts take whatever steps necessary to become part of the solution by creating and following an expedited process for appeals involving termination of parental rights and adoption issues. An expedited appeals process should strive to achieve the following goals:

1. Expedite the appeals time

Although expediency is significant at the trial court level, appellate courts must prioritize these cases and set the pace for expediency throughout the entire legal system. If no statewide statute or court rule exists, an appellate court has the authority to adopt a local rule to place these cases on expedited status. [FN25] This may be accomplished by establishing an accelerated calendar, reducing the briefing schedule, and conducting oral argument, if requested, as soon as the case is briefed. In addition, it is important that the court establish internal requirements that give priority to writing opinions in these cases over other matters.

2. Improve case management

Courts with rules in place must enforce them. Judges and judicial staff must identify and prioritize these cases. This may be accomplished by having counsel identify the type of appeal on a docketing statement at the time the notice of appeal is filed, and whether it involves termination of parental rights or adoption issues. The judicial system should be aware of the ultimate goal to place the child in a permanent and stable home as soon as possible.

3. Prioritize transmission of the record

Delays in the appeals process are often due to the length of time taken to transcribe the record in the case below. A statute or rule that expedites the appeals process should mandate that the preparation of the record in cases involving termination of parental rights and adoption be given priority over all the other civil and criminal matters.

4. Reduce delay by parties

A statute or rule that expedites the appeals process should discourage delays by parties by enforcing a shorter briefing scheduling and a strict policy of denying continuances.

After reviewing statutes and court rules from other states and from Ohio appellate districts, I have drafted a proposed rule for the Ohio Rules of Appellate Procedure and proposed amendments to the Rules of Practice for the Supreme Court of Ohio for expediting cases involving termination of parental rights or adoption of a minor child. This project was funded through a generous grant by the Dave Thomas Adoption Foundation to the Dave Thomas Center For Adoption Law at Capital University Law School.

The proposed rule and amendments have been informally circulated to interested parties for comment and discussion, including the Ohio Association of Probate Court Judges, the Ohio Association of Juvenile and Family Court Judges, the Columbus Bar Association Family Law Committee and Juvenile Law Committee, the Ohio State Bar Association Family Law Committee, the Public Children Services Association of Ohio, and the Expedited Adoption Advisory Committee of the National Council of Juvenile and Family Court Judges. There was concern expressed on behalf of public defenders and court-appointed attorneys who represent parents and children as to the abbreviated time frames in the proposed changes. All remaining comments favored the proposed rules. The Supreme Court of Ohio has approved the proposed appellate rule and it will go to the General Assembly in January of 2000 for final approval. The Court has considered the amendments to the Rules of Practice of the Supreme Court of Ohio and they are being published for public comment. Appendix B, to this article, contains the text of the proposed appellate rule and the proposed amendments to the Rules of Practice of the Supreme Court of Ohio. Hopefully, Ohio will soon join the other states that have recognized this challenge.

The life of a child is precious. Thousands of children are adrift in the foster care system. They go to sleep at night dreaming that someday they will belong to a real family. Meanwhile, the years pass as numbers on our docket. We must, even in the sterile, paper-laden world of the appellate court, remember to look through the eyes of a child and do our part to find that child a permanent home.

Appendix A

A. Alabama
Alabama expedites adoption cases by a statute that became effective in 1990. [FN26] The statute states that appeals involving adoption "shall have priority in all courts and shall have precedence over all other matters." [FN27]

B. Alaska
Alaska expedites appeals by court rule in cases involving adoption, custody, domestic violence injunctions, child-in-need-of-aid proceedings, and guardianship of minors. [FN28] The rule requires that notice of appeal be filed within fifteen days after the date of judgment, and reduces the time for filing briefs and for completion of the record. [FN29] In addition, the appellate court must hear oral argument at the earliest date convenient to the court, but no later than thirty days after the due date of the reply brief. [FN30] The case must "be decided expeditiously by the court." [FN31]

C. Arizona
Arizona expedites all juvenile court proceedings by statute and by court rule. [FN32] Both provide that appeals from any juvenile court proceedings shall have "precedence over all other actions except extraordinary writs and special actions." [FN33]

D. California
California expedites appeals from orders and judgments involving termination of parental rights or freeing children from parental custody and control. [FN34] Appeals "shall have precedence over all cases in the court to which an appeal in the matter is taken." [FN35] The statute expressly states that to further the goal of enabling the child to be available for adoption as soon as possible, a court may grant extensions of time to a court reporter or to counsel only upon an "exceptional showing of good cause." [FN36]

E. Colorado
Colorado law provides that appeals in cases involving adoption and termination of parental rights "shall be advanced on the calendar of the appellate court and shall be decided at the earliest practical time." [FN37]

F. Florida
Florida expedites by statute appeals in cases involving adoption and termination of parental rights. The statute mandates appellate courts to give these appeals priority in docketing and to render a decision as expeditiously as possible. [FN38]

G. Illinois
Illinois' Adoption Act provides that an appeal in adoption cases "shall be prosecuted and heard on an expedited basis, unless good cause for doing otherwise is shown." [FN39]

H. Indiana
Indiana's statute requires that "an appeal of an adoption decree shall be decided on an expedited basis." [FN40]

I. Iowa
By a court rule, Iowa reduces the time for filing an agreed statement of the case in appeals involving custody, adoption, termination of parental rights, and any juvenile proceedings affecting child placement. [FN41] This court rule also instructs court reporters to give priority to transcription of proceedings in these cases over other civil transcripts. [FN42]

J. Kentucky
Kentucky expedites cases involving the involuntary termination of parental rights only at the trial court level. [FN43]

K. Maine
An appeal from any adoption order "must be expedited." [FN44]

L. Maryland
A court rule establishes strict requirements on the processing of appeals involving adoption and termination of parental rights, including briefing schedule, transcription of the record, and scheduling of oral argument.[FN45]

M. Montana
Montana courts must examine the issues and render a decision as soon as possible in matters contesting the termination of parental rights and challenging any adoption decree. [FN46]

N. New Mexico
An appeal from any order that grants or withholds custody of children shall be heard at the earliest practicable time. [FN47]

O. New York
New York requires court administrators at the trial court level to establish rules to expedite adoption proceedings. [FN48]

P. Oklahoma
Oklahoma gives priority to appeals involving adoption and termination of parental rights for adoption purposes by reducing the time for filing the appeal and by establishing a briefing schedule. [FN49]

Q. South Dakota
South Dakota's Supreme Court shall give "first preference" to appeals involving adoption, abuse or neglect judgments, and orders terminating parental rights. [FN50]

R. Tennessee
Appeals in cases involving adoption and termination of parental rights are to be given priority over all other civil litigation in reaching a determination on the status of the adoption. [FN51] Tennessee's General Assembly specifically intended that the permanent placement of a child not be delayed any longer than is absolutely necessary and that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation. [FN52]

S. Texas
Appeals involving the termination of parental rights are to be "given preference over other civil cases by the appellate courts." [FN53]

T. Vermont
An appeal from an adoption decree "shall be heard expeditiously." [FN54]

U. Washington
"Any appeal of any adoption decree shall be decided on an accelerated review basis." [FN55]

V. West Virginia
Cases involving adoption should be heard "as expeditiously as possible" at both the appellate and trial court levels. [FN56]

W. Wisconsin
"An appeal from a judgment granting or denying an adoption shall be given preference." [FN57]

See original document for Appendix B


Footnotes:
[FN1]. See Permanency Planning For Children Dep't, National Council of Juvenile and Family Court Judges, Judge's Guidebook on Adoption and Other Permanent Homes for Children (1999).
[FN2]. See id. at A-38.
[FN3]. Pub. L. No. 105-89. 111 Stat. 2115 (codified as amended in scattered sections of 42 U.S.C.).
[FN4]. See 42 U.S.C. § 675(5)(C) (1994 & Supp. III 1997).
[FN5]. See 42 U.S.C. § 671(a)(15)(A) (1994 & Supp. IV 1998).
[FN6]. See id. § 671(a)(6).
[FN7]. See id. § 671(a)(15)(c).
[FN8]. See id. § 675(5)(c).
[FN9]. See id. § 671(a)(15)(F).
[FN10]. See id.
[FN11]. See id. § 671(a)(15)(O)(i).
[FN12]. See id. § 671(a)(15)(O)(ii)(I).
[FN13]. See id. § 671(a)(15)(O)(ii)(II).
[FN14]. See id. § 671(a)(15)(O)(ii)(IV).
[FN15]. See H.B. 484, 122d G.A., File 203 (Ohio 1998) (codified as amended in scattered sections of Ohio Revised Code).
[FN16]. See Ohio Rev. Code Ann. § 2151 33(A) (West 1999).
[FN17]. See id. § 2151.33.
[FN18]. See id. § 2151.419(A)(2).
[FN19]. See id. § 2151.419(A)(2)(a).
[FN20]. See id. § 2151.419(A)(2)(b).
[FN21]. Second Dist., Ohio, App. J. R. 2. 8.
[FN22]. Fourth Dist., Ohio, App. J. R. 13.
[FN23]. Fifth Dist., Ohio, App. J. R. 7.
[FN24]. Ohio S. Ct. R. X. § 9.
[FN25]. See, e.g., Ohio Rev. Code Ann. § 2501.08 (West 1999).
[FN26]. See Ala. Code § 26-10A-26 (1999).
[FN27]. Id. § 26-10A-26(b).
[FN28]. See Alaska R. App. P. 218.
[FN29]. See id.
[FN30]. See id. 218(g).
[FN31]. Id. 218(h).
[FN32]. See Ariz. Rev. Stat. § 8-236 (1999); Ariz. Juv. Ct. R. P. 24.
[FN33]. Ariz. Rev. Stat.§ 8-236(c); Ariz. Juv. Ct. R. P. 24(c).
[FN34]. See Cal. R. Ct. 39.1A; Cal. Civ. Proc. Code § 45 (West 1999).
[FN35]. Cal. Civ. Proc. Code § 45.
[FN36]. Id.
[FN37]. Colo. Rev. Stat. § 19-1-109 (1998).
[FN38]. See Fla. Stat. cl. 39.815 (1998).
[FN39]. 750 Ill. Comp. Stat. 50/20 (West 1999).
[FN40]. Ind. Code § 31-19-14-1 (1999).
[FN41]. Iowa R. App. P. 17.
[FN42]. See id.
[FN43]. See Ky. Rev. Stat. Ann. § 625.080 (Banks-Baldwin 1998).
[FN44]. Me. Rev. Stat. Ann. Tit. 18-A, § 9-309 (West 1998).
[FN45]. See Md. Code Ann.; Cts Jud. Proc. § 8-207 (1998).
[FN46]. See Mont. Code Ann. § 42-2-619 (1998).
[FN47]. See N.M. Stat. Ann. § 32 A-1-17(B) (Michie 1999).
[FN48]. See N.Y. Dom. Rel. Law § 112-a (McKinney 1999).
[FN49]. See Okla. Stat. tit. 10, § 7505-71 (1998); Okla. Sup. Ct. R. 1.34.
[FN50]. S.D. Codified Laws § 15-24-3(1) (Michie 1999).
[FN51]. See Tenn. Code Ann. § 36-1-124(b) (1999).
[FN52]. See Tenn. Code Ann. § 36-1-129(c)(1999).
[FN53]. Tex. Fam. Code Ann. § 109.002 (West 1999).
[FN54]. Vt. Stat. Ann. tit. 15A, § 3-706 (1999).
[FN55]. Wash. Rev. Code § 26.33.260(2) (1999).
[FN56]. W. Va. Code § 48-4-12 (1999).
[FN57]. Wis. Stat. § 48.915 (1999); see also Wis. R. App. P. 809.107.

*This article is reprinted by permission of Capital Law School and Ohio Supreme Court Justice Evelyn Lundberg Stratton. Copyright (c) Justice Evelyn Lundberg Stratton.
** Justice Evelyn Lundberg Stratton is of a Justice of the Supreme Court of Ohio. She has a B.A. 1976, from the University of Akron and a J.D. 1978, from Ohio State University College of Law. Justice Stratton has advocated for the rights of children for more than two decades. While in private practice, Justice Stratton worked in the area of adoption law. She currently serves on the Board of Trustees for ArChSafe Foundation/Memorial to Our Lost Children, the Dave Thomas Adoption Foundation, and serves on the Advisory Board of the Dave Thomas Center for Adoption Law at Capital University Law School. Justice Stratton has served on the Women's Board of the League Against Child Abuse, the Termination and Adoption Committee of The National Judicial College, and the Adoption Committee of the Permanency Planning for Children Department of the National Council of Juvenile and Family Court Judges. She has also participated in the Expedited Adoption Project. Connie A. Crim, Ohio Supreme Court staff attorney, and Jo-El Huck, Capital University Law School student, contributed to the research and writing of this article.

 

 
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Perspectives on Media Coverage of Youth Issues

Editor's Note: More than 15 years have passed since Lisa Steinberg was murdered via child abuse. This passage of time has not erased the memory of Lisa and the horrific circumstances under which she lived and died. An excellent summary of the Lisa Steinberg case may be found by accessing http://www.crimelibrary.com/notorious_murders/family/lisa_steinberg

More than 15 years have also passed since the seemingly ubiquitous media coverage of the Lisa Steinberg case. There were many important issues in the Steinberg case including child abuse reporting standards, policies for investigating suspected child abuse, domestic violence, and adoption law. Although the media did cover these issues to varying degrees, most attention focused on the sensational elements of the case. The article below, "It's News, But Is Stienberg's Case Really ''Significant'? which first appeared in Newsday on December 20, 1988, observed the slippery slope of media coverage that is "filled with glimpses of bruises, brutality, twisted personalities and violated innocence, yet justified by protestations of larger significance."

The Steinberg case was indeed significant, but not for those "glimpses of bruises, brutality, twisted personalities and violated innocence." This article from 1988 is as relevant today as it was then. In today's world of information available 24 hours a day, seven days a week from numerous sources, we are constantly faced with the challenge of filtering the meaningful from the maudlin. Where coverage of youth issues is involved, it is especially important that the substantial concerns are not overshadowed by sensational elements.

It's News, But Is Steinberg's Case Really 'Significant'?*
By Mitchell Stephens**

FIRST THERE were the horror stories - the tethered boy, the battered girl in a coma. We waited; she died. Then we saw the pictures of bruises, on her, on her mother. Finally, the mother took the stand, talking evenly about a life of unimaginable horror.

Most of us react to stories of violence and perversity - stories like that of the death of Lisa Steinberg - as we might react when passing a bloody accident. We look, but uncomfortably. We are upset and intrigued, but also embarrassed by our own eagerness to pry into someone else's tragedy. Journalists upon occasion retail such stories, and consequently it is in their interest to ease our embarrassment. For hundreds of years they have relied on the same technique for making their audiences more comfortable: draping reports of extreme behavior with significance.

In 1577, for example, a French newsbook regaled readers with the tale of a Naples woman who was executed for killing her husband, poisoning her father (who had refused to let her marry her lover) and then, when her sister and nephews became nuisances, killing them, too. But, of course, this sordid tale was not related as a mere sensation; it served, the newsbook explained, to teach children that they should always "render obedience to their parents." In similar fashion, the energetic and racy coverage of the ax murder of a young woman in a house of prostitution, which helped triple the circulation of the New York Herald in 1836, was said by the paper to have demonstrated "the guilt of a system of society - the wickedness of a state of morals - the atrocity of permitting establishments of such infamy to be erected in every public and fashionable place in our city."

The lessons served with our news today are often more sociological than moral, but they fulfill the same function. How do journalists justify the extensive coverage they are giving to the trial of Joel Steinberg on charges of having murdered the young girl he was raising - a trial filled with allegations of sadomasochism, enslavement, child beatings and drug use among professional people? "The Steinberg case has focused national attention on the problems of child abuse and family violence," proclaimed Newsweek in a cover story, echoing sentiments expressed by many other publications and newscasts.

Such claims to larger significance are not entirely disingenuous. Accounts of sensational news events sometimes have a role to play in alerting the public. Perhaps the unfathomable crimes of that Naples woman helped chasten a few obstreperous children. Perhaps that 1836 ax murder drew needed attention to the prevalence of prostitution in New York. Undoubtedly, we are now more aware of the dangers of child abuse than we were before photos of Lisa Steinberg's injuries were displayed on television and in the papers.

Nevertheless, there are serious dangers in attempting to base an understanding of the world on the extraordinary occurrences in which journalists traffic. The news tends to view a society through its very worst cases. Prosecutors are charging that Lisa Steinberg was not just abused by her father, but killed by him. Steinberg's live-in lover, Hedda Nussbaum, was not just beaten, according to statements made at the trial, she was subjected to a form of brainwashing and repeatedly tortured. One specialist called her injuries the worst of this type he had ever seen.

We could alert ourselves to future Lisa Steinbergs and Hedda Nussbaums and miss the less exaggerated, less macabre, but much more common forms of abuse to which millions of children and women are subject. On the other hand, the terrors this case has unleashed could make every black and blue mark found on a child - and kids do hurt themselves roller-skating - cause for reporting parents to authorities. The outsized attention Lisa Steinberg's fate is receiving could also burden unwed mothers with exaggerated fears of putting their babies up for adoption as Lisa's natural mother did. A careful sociological investigation of these issues would have to move quickly beyond events in the Steinberg-Nussbaum apartment. The news keeps returning to them.

A New York television news executive has said that the Steinberg trial is "compelling television . . . because ever since this story broke, not only New York but the nation has come to view this as the essential battered woman, child abuse case." We may have successfully conspired with our journalists to view this case from that perspective, thereby easing our embarrassment at our interest in it. But this bizarre story hardly qualifies as the "essential" family violence case. That would be more subtle and considerably more representative - too subtle and too representative to make news.

The Steinberg trial is, instead, an essential example of a type of news story humans have always found compelling - filled with glimpses of bruises, brutality, twisted personalities and violated innocence, yet justified by protestations of larger significance.


* This article originally appeared in the December 20th 1988 edition of Newsday. Reprinted with permission.
**Mitchell Stephens is Professor of Journalism and Mass Communication at New York University, where he is currently Acting Chair of NYU's Department of Journalism and Mass Communication. He is the author of "A History of News" (Viking, Penguin, Harcourt Brace), an extended history of journalism that has been translated into four languages and was a New York Times "Notable Book of the Year." His latest book, "The Rise of the Image the Fall of the Word," a historical analysis of our current communications revolution, was published by Oxford University Press. Professor Stephens is also the author of "Broadcast News," the most widely used radio and television news textbook in the cou