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20 CUNY L. Rev. 23 (2016-2017)
However Kindly Intentioned: Structural Racism and Volunteer Casa Programs

handle is hein.journals/nyclr20 and id is 23 raw text is: 










         HOWEVER KINDLY INTENTIONED:
 STRUCTURAL RACISM AND VOLUNTEER CASA
                        PROGRAMS

                    Amy  Mulzer &  Tara Urst


Ajudge  McClellan in Lansing had authority over me and all of my
brothers and sisters. We were 'state children,' court wards; he had
the full say-so over us. A white man in charge of a black man's
children! Nothing   but legal, modern   slavery-however   kindly
intentioned.
                               The Autobiography  of Malcolm  X

INTRODUCTION   .      .............................................. 23
    1. CHILD WELFARE  AND  THE ROLE  OF THE CASA   .........  26
       A.  Race, Class, and Child Welfare.................... 26
       B.  Life of a Child Protective Case  .................... 30
       C.  Court Appointed Special Advocates................... 37
   II. CASA  PROGRAMS  AND  THE PRIVILEGING OF WHITE
       MOTHERHOOD          ..................................... 45
       A.  Women's Work, Power, and the Charitable Class ......  47
       B.  The Rescue Fantasy    ............................ 51
       C.  Racial Hierarchies.   ............................ 54
       D.  Intertwining of the Charitable Class and the Court ....  57
  III. THE  QUESTIONABLE  ADVOCACY  OF THE  CASA  ..........  58
       A.  Conflict Between the Role of a CASA and Fairness
           P rincip les..........................................  59
       B.  The Power of the CASA............................. 66
       C.  Structural Racism and Volunteer CASA Programs..... .69
CONCLUSION         ................................................. 73

                         INTRODUCTION
    The  question of racial disproportionality in the child welfare

    f Amy Mulzer is a Staff Attorney and Clinical Instructor of Law in the Disability
and Civil Rights Clinic, Brooklyn Law School. Many thanks to Annette Appell, Matt
Fraidin, Marty Guggenheim, Chris Gottlieb, Nora Hirozawa, Kim Pearson, Hannah
Roman,Jocelyn Simonson, Jane Spinak, and participants in both the 2016 Family Law
Scholars and Teachers conference and the CUNY Law Review Symposium for their
very helpful comments.
    Tara Urs is an Attorney for The Defender Association Division of the King
County Department of Public Defense. This article is dedicated to my clients-you
know who you are.


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