Safeguarding vs. Grooming: CASA & Affirmation Only

Do new CASA beliefs and practices help or harm children in the foster care system?

Aug 01, 2022

For the last two decades, CASA/GAL has reoriented their mission to focus on protecting ‘LGBTQIA+’ youth -specifically ‘trans kids’- from their own families and connecting them with adults in the ‘LGBTQIA+’ community as well as adult ‘trans mentors’.

Does recent changes in CASA’s mission strengthen safeguards for our most vulnerable children? Or do new changes and beliefs about the gender identities and sexual orientation of children in foster care make those children more vulnerable to predators?

What is CASA/GAL?

There are more than 407,000 children in foster care systems yet, partly due to the opioid epidemic, American child welfare systems are in a currently state of crisis.[8] The National Court Appointed Special Advocate (CASA)/ Guardian ad Litem (GAL) Association for Children works with state and local programs to train volunteers who advocate for children in family court.[14][15]

Quick Facts:

CASA/GAL is a national federally funded 501 (3)(c) non-profit organization which has been tax-exempt since 1985.[15]
- CASA/GalThere are 950 state CASA/GAL organizations and local CASA/GAL program in 49 states.[8]
- CASA impacts 242,236 children a year[8] and approximately half of the older youth in foster care.[9]
- In 2020, CEO Terry Lisa Perry reported earning $470,681 in compensation from CASA.[14]
- In the appropriations and budget process, the House of Representatives recently appropriated $12.5 million for the CASA program through the Department of Justice.[8]
Judges depend on the first-hand reports provided by the CASA/GAL advocate to make well-informed decisions for the children and youth and their families, including placement, permanency, and resources.[8]
- Courts trust the quality of the advocacy provided by CASA/GAL volunteers because they know that CASA/GAL programs screen, train, and supervise the CASA/GAL volunteers consistent with national standards and state statutes and court rules.[8]
- Judges are more likely to assign CASA/GAL volunteers to their most complex, serious cases – cases in which children are at higher risk of poor outcomes.[8]

What is ‘Affirmation Only’ and how does it impact CASA’s work?

Affirmation Only

The U.S. Department of Health and Human Services Administration on Children, Youth and Families has adopted Affirmation Only policy stating that, “every child and youth who is unable to live with his or her parents is entitled to a safe, loving and affirming foster care placement, irrespective of the young person’s sexual orientation, gender identity or gender expression.”[17] Although the terms sexual orientation and LGB (lesbian bisexual & gay) are mentioned frequently, substantive changes to CASA’s policies and mission are focused on children’s gender identity and expression.

CASA has adopted the following beliefs:

Nearly 1/3 of all children in foster care systems are ‘LGBTQIA+’. Studies have found that about 30 percent of youth in foster care identify as LGBTQ+ and 5 percent as transgender. This means children in foster care systems are 5 times more likely to identify as transgender as youth not in foster care.[16]
The #1 problem for LGBTQ youth is a non-accepting family. In fact, family rejection of children’s sexual orientation and/or gender expression/identity is children’s “primary reason for homelessness.”[11]
Most children have an innate stable sense of their gender identity by age 4.[16] A youth’s sexual orientation and gender identity are not the result of the friends they hang out with, or the adults in their lives, or the media they consume, or any childhood trauma they may have experienced. [4]
Their gender identity and expression must be ‘affirmed.’ Using children’s preferred pronouns can save their lives by “reducing depression and overall suicide risk.”[11]
Failure to ‘affirm’ a child’s gender identity is abuse. Reports of discrimination and failure to affirm a child’s gender identity should be taken seriously.[4]
Affirmation may include medically transitioning. Affirmation of children’s gender identity and expression “includes the ability to discuss, provide, and obtain authorization for medically necessary, transition-related treatment, if desired.”[4]
Under no circumstances should any youth be forced or encouraged to undergo “conversion therapy.” Conversion therapy includes “practices intended to change a person's gender identity.”[4]

Impact On CASA’s Work

CASA/GAL Volunteers

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CASA/GAL volunteers have four main objectives:

Investigation: Volunteers carry out an objective, systematic examination of the situation, including relevant history, environment, relationships and needs of the adolescent youth.
Facilitation: Volunteers identify resources and services for the adolescent youth and facilitate a collaborative relationship between all parties on the case, helping to create a situation in which the youth’s needs are met.
Advocacy: Volunteers speak up for and plead the case of the adolescent youth for whom they are appointed.
Monitoring: Volunteers keep track of whether the orders of the court, as well as the plans of the treatment team, are carried out. They report back to the court and work with the treatment team when any of the parties do not follow those orders and plans. [13]

Affirmation Only means that volunteers are now expected to treat non-affirming homes as dangerous and abusive, to expose children to LGBTQIA+ inclusive sexual conversations and organizations, and find ‘trans’ and gender non-conforming children adult trans mentors.

Foster Families

CASA/GAL’s definition of non-affirming abuse warrants examination. While physically or psychologically harming children are rightly defined as abuse, the definition is stretched far beyond causing intentional harm. Volunteers are advised to, “Stay aware of placements that require participation in religious activities that condemn LGBTQ identities” because exposure to people who could hold non-affirming beliefs is treated as abusive. [11]

Other forms of non-affirming abuse include:

Making jokes that offend a child’s sense of gender expression or identity, failing to use preferred pronouns and names.
Making assumptions “based on your perception” about a child’s gender identity expression or orientation, and not allowing the child “the freedom to choose clothing, hairstyles, facial hair, makeup and decoration of personal space” to express their gender identity, including medically necessary, transition-related treatment, if desired.”[4]
Excluding youth from family events and family activities.
Blocking access to friends, events and resources.
Blaming your child when they are discriminated against because of their identity.
Well-meaning attempts to protect youth from potential harassment, such as "steering" them toward hobbies seen as more typical for their gender or isolating them for the sake of safety, also are experienced as rejection by LGBTQ+ youth and can have devastating consequences for their self-esteem and well-being. [4]
Telling your child that you are ashamed of them or that how they look or act will shame the family.
Making your child keep their identity a secret in the family and not letting them talk about their identity with others.[5][11]
*Consider what options these guidelines leave caregivers to protect children who have been made to feel that overt sexuality is ‘part of their identity’ because they have suffered traumatic childhood sexual abuse.

Good caregivers will:

Talk with your child or foster child about their identity.
Express affection when your child tells you or when you learn that your child is LGBTQ.
Support your child’s identity even though you may feel uncomfortable
Advocate for your child when they are mistreated because of their identity.
Require that other family members respect your child.
Bring your child to LGBTQ organizations or events.
Connect your child with an LGBTQ adult role model to show them options for the future.
Work to make your congregation supportive of LGBTQ members, or find a supportive faith community that welcomes your family and LGBTQ child.
Welcome your child’s LGBTQ friends and partner to your home and to family events and activities.
Support your child’s gender expression.
Believe your child can have a happy future as an LGBTQ adult.[5]

Children’s developing sexuality and identity must be protected from jokes, gender conforming activities, churches, synagogues, mosques, and Sunday schools. Friends and family of gender non-conforming youth who are suspected of not supporting their gender expression and identity properly should be encouraged to join groups like PFLAG to re-educate themselves.[4]

However, volunteers are encouraged to discuss sexual relationships, condoms/birth control, and sexually transmitted diseases with the children they advocate for.[11] More worrying, volunteers are tasked with connecting LGBTQIA+ children in foster care systems with adults and organizations that “provide inclusive sexuality education.”[11]

LGBTQIA+ Adults & Trans Mentors

In fact, CASA/GAL feels ‘LGBTQIA+’ adults are best suited to care for and interact with gender non-conforming children. They believe adults who identify as LGBTQ+ are no more likely than the general population to sexually abuse or otherwise pose a threat to others, including children[4] despite statistics showing that more than half of all trans-identifying males prisoners are convicted for sexual offenses compared to 16% of male prisoners and 3% of female prisoners. Evidence also shows trans-identifying males are convicted of sexual offenses at more than twice the rate of other men. Instead of concerning themselves with trans-identifying men however, CASA informs its volunteers that sexual abusers are most likely to be family members or someone the family trusts.[4]

CASA believes adults who identify as LGBTQIA+ should be encouraged to serve asadvocates and foster families and take priority when it comes to gender non-conforming children. CASA volunteers are encouraged to “Recruit affirming foster care providers” and to seek “affirming placements for LGBTQ youth”. [6]

Another way CASA instructs volunteers to connect gender non-conforming children with ‘LGBTQIA+’ adults is through Trans Mentors. Trans mentors receive the same training as other CASA volunteers but are not court-appointed. “Instead, they will engage with the youth in the community, advise them on difficult decisions, open doors and provide a sense of belonging—even after the youth’s dependency court case closes.”[8]

“For a trans youth in the system, having a trans mentor who is active in the community as well as connecting with other trans and LGBTQ youth is incredibly vital.”[2] What a trans mentor and foster child can or should do alone together is ill-defined. It can be one-on-one time in person. For example, one CASA volunteer affirms a foster child by acceptance meant taking them to get their nails done during their visits together.[2]

But children are also encouraged to meet with trans mentors online. The “Trans Mentor Project (TMP) is an innovative national e-mentoring program that pairs trans and nonbinary (TGNB) teens and young adults, ages 13-24, with supportive, identity-affirming TNGB mentors, ages 23+, who will empower them to meet their personal goals and thrive.”[7] Where advocates act as “as a voice for the older child’s best interest within the child protection system and the courts”, mentors develop, “a personal relationship with a youth, being a buddy and serving as a role model.”[13]

Final Considerations

Do you agree that our most vulnerable youth should be protected from jokes, assumptions, religion, and any concerns a guardian may have regarding their developing identity and expression? Do children need to learn about sexuality from adults? Are CASA/GAL’s new protocols and values more likely to protect or expose children to predators?

Terms

SOGIE: Sexual Orientation, Gender Identity/Expression [11]
LGBTQ: Lesbian Gay Bisexual Transgender Queer/Questioning [11]
Mentor: Mentoring involves developing a personal relationship with a youth, being a buddy and serving as a role model. Mentors are NOT court-appointed. [13]
Advocate: Advocating involves learning about the youth’s needs and wishes and serving as a voice for the older child’s best interest within the child protection system and the courts. [13]
CASA: Court Appointed Special Advocate
GAL: Guardian ad litem
Foster Care: Foster care is defined as “24-hour substitute care for children placed away from their parents or guardians and for whom the [State] agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes.” [17]

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