For many attorneys, serving as a GAL to a poor child may be their first direct
and personal experience with a family living in poverty. To faithfully carry out
your obligations as a GAL, it is important that consider your biases, conscious
or unconscious, about poverty and the type of family that finds itself in poverty.
Children you represent may not have a level of comfort that you would expect for
your own child, but this may have little to do with the quality of parenting or
best interests of the child. Be careful not to impose your own standards when
evaluating the needs of the child.
While the risks created by poverty are something the GAL must be aware of,
these risks are not dispositive of the case or the recommendation that the GAL
should make. Likewise, the fact that one parent makes more money than the other
parent or one parent exhibits values characteristic of the middle class and
another exhibits values of someone living in poverty, should not be the deciding
factor in the case. It is important to remember that each recommendation be
based on the facts of the individual case.
Indeed, one of the most important roles that a GAL can play is to connect families
with needed services. A Voice for Low-Income
Children, p. 11-12. It is thus
critical that the GAL be aware of available community resources, which can assist
the parent in better meeting the needs of his or her children.
In cases involving a disparity of income between the parents it is often in
the long-term best interest of the children that, wherever possible, the GAL
apply the best-interest standard found at 19-A M.R.S.A. § 1653 after the
parents have been connected to and given an opportunity to participate in needed
services which are intended to benefit both the parent and the child.
Understanding Families Through Culture
Although Maine is a predominantly homogeneous state, many communities, particularly
those in Southern Maine are experiencing an influx of immigrant families. Their
addition to our community brings tremendous resources and opportunities to the
state. When these families interact with the legal system, however, misunderstandings
and unfortunately prejudice can sometimes influence the process. As a GAL working
with a family from another culture, you must be sensitive to the differences in
cultural norms and expectations.
The following information is adapted from the National Court Appointed Special
Advocates Training. You can find more information at http://www.nationalcasa.org/.
The Cultural Sensitivity Lens
Another lens that you need to use when you look at a family is the lens of
cultural sensitivity. Family structure, rules, roles, customs, boundaries,
communication styles, problem-solving approaches, and values may be based
on cultural norms and/or accepted community standards. “Cultural norms”
are behavioral expectations that are based on cultural beliefs and practice.
“Community standards” are the shared values and expectations of
a group of people living in geographical proximity.
It is important to understand the role of the extended family in raising
children. In many cultures extended family may be
expected to play an extensive role.
As a GAL, your assessment of a family’s situation will
be affected by whether you focus on strengths or deficits and by your awareness
of how cultural issues can impact your ability to see the situation objectively.
Your ability as a GAL to identify strengths in families depends
partially on which lens—the resource lens or the deficit lens—you
use in your work with families, The lens you choose will also influence your
work with others involved in the ase. The resource lens can be understood
dynamically by asking the following questions as you assess the family:
- How has this family solved problems?
- What activities have family members completed?
- How are family members coping with their present circumstances?
Resource Lens vs. Deficit Lens
The following details differences between a focus on family strengths and
family deficits.
|
If I look through a
RESOURCE LENS
I am likely to . . .
|
If I look through a
DEFICIT LENS
I am likely to . . . |
| Look for the good |
Look for deficits |
| Empower families |
Take control or rescue |
| Create options |
Give ultimatums/advice |
| Listen |
Tell |
| Focus on strengths |
Focus on problems |
| Put the responsibility on the family |
See the family as incapable |
| Acknowledge progress |
Wait for the finished product |
| See the family as expert |
See service providers as experts |
| Help identify resources |
Expect inaction or failure |
| Avoid labeling |
Label |
| Inspire with hope |
Deflate family's hope
|
Tips for Family Practice in a Multicultural Environment
- Assume nothing
- Ask questions regarding specific behaviors, values, attitudes and perspectives.
- Pay attention to any signs of spirituality or religiosity and respect
the family’s beliefs.
- Do not insist on eye-to-eye contact. In many cultures this is considered a sign
of disrespect.
- If you do not speak the family’s language, find an interpreter who is not related
to any party.
- See personal experiences with members from the various cultural groups
you might serve. (Keep in mind that if your only contact with a particular
cultural group is through your work as a SACA/GAL volunteer, then your exposure
to that culture is rather limited.)
- Set specific goals for achieving cultural awareness with respect to the
various cultural groups your agency or practice might serve.
- Acknowledge the legacy and presence of cultural and racial bigotry and
prejudice in the United States.
- Appreciate the difficulties and problems individuals and families encounter
trying to live and thrive in a cultural setting that is, at best, different
from their indigenous culture and, at worst, antagonistic toward their specific
cultural orientation.
- Explain the need for any and all information requested and, if possible,
delay asking the most personal questions until the family has had the time
to understand the need for information.
A Positive Approach to Dealing With Differences
- Communicate Respect
Transmit positive regard, encouragement and sincere interest. All people
like to know that others respect them.
- Be Nonjudgmental
Avoid moralistic, value-laden, evaluative statements, and listen so that
others cab fully share and explain themselves and their situations.
- Personalize Knowledge & Perceptions
Recognize the influence of your own values, perceptions, opinions and knowledge
on your interactions with others. Your perception are valid only for you
and not for the rest of the world
- Display Sympathy
Attempt to put yourself into the other person’s life space and to understand
how he/she feels about the matter under consideration.
- Practice Role Flexibility
Be able to accomplish a task but also value the ability to do so in such
a way that people feel positive about being part of the process. Encourage
shared interaction.
- Demonstrate Reciprocal Concern
Interact equally, taking turns talking, promoting communication.
- Tolerate Ambiguity
Be able to react to new, different and unpredictable situations with greater
ease. Too much discomfort can lead to frustration and hostility. Learning
to manage the feelings of uncertainty that accompany ambiguity is necessary
for dealing with differences.
- Be Persistent
Keep communication lines open despite ambiguity and possible misunderstanding.
Be willing to stay with the situation until you get a clear picture instead
of giving up. If you do not understand something, ask that it be explained
again.
