RETURNING TO OUR ROOTS: REFORMS FOR THE FUTURE

Children’s Roundtable Summit

Pittsburgh Pennsylvania

November 20, 2009

Judge Charles F. Pratt

Allen Superior Court

Room 208 Allen County Court House

715 S. Calhoun Street, Fort Wayne, IN 46804

cpratt@co.allen.in.us

Like Pittsburgh, Fort Wayne is located at the confluence of three (albeit smaller) rivers.

INTRODUCTION

In the over 100 years since the first juvenile court was established, court practices and procedures have evolved away from the foundational theory of parens patriae.

Arguably, that departure has impeded our ability to tailor cases to the individualized needs, best interests, and culture of the family and the child.

Tying the research to the reform

Family Group Decision Making and its related methods are researched based practices that give Judges the tools to restore the Juvenile Court to its original promise.

These materials are designed to explain practical and effective ways by which the research on strength based practices, resiliency, and poverty support the implementation of and are applied by the incorporation of Family Group Decision Making practices.

RESEARCH AND THEORIES

Positive Youth Development Research, Resiliency, and Strength Based Practices

Servant Leadership Principles

Research on Poverty

Family Group Decision Making and related practices

STRENGTH BASED PRACTICES

AND

POSITIVE YOUTH DEVELOPMENT

THE DEFICIT APPROACH THE ‘AT-RISK’ LENS

At-Risk Factors categorize childrenand families based on cognitive, biological, psychological, and environmental circumstances.

PEOPLE ARE LABELED BY

PROBLEMS:Drug Abuse, Poverty,

Low Functioning, Dirty House…

RESILIENCY

For children to be resilient in the face of adversity protective factors must be preserved and / or provided:

Those include: A safe haven, A protective adult, and A voice.

See Resiliency in ActionNan Henderson, Editor with Bonnie Bernard and Nancy Sharp-Light

Resiliency In Action, Inc. Publisher

STRENGTH BASED APPROACH

THE ‘RESILIENCY’ LENS

Emphasizes

resources that exist

within and outside

the individual or

family.

Look for the

supports available

to a child: skills,

competencies, &

ability to overcome adversity.

SEEING WITH A NEW LENS:

Strength based practices begin with the

professionals within all levels of the

system taking on a new view of children

and families to whom they are called to

serve. That means that traditional

paradigms of discipline responses are

shifted:

SHIFTS IN THINKING SOLE SYSTEM AUTHORITY

SEEING PROBLEMS TO CORRECT

SEEING ONLY RISKS &

NEGATIVES

EXPECTANCY that Parent only makes changes

SYSTEM CONVENIENCE HIDDEN LANGUAGE

To Shared Authority (mediation)

To Seeing Opportunities(all at the table to plan solution)

To Seeing Strengths (Encourage positives so person is not defeated before start.)

To expectancy that ALL parties make changes / adapt to achieve goal. (Adapt petition and plan)

To family convenience

(Remove barriers to services)

To clear explanation of responsibilities

THE SEARCH INSTITUTEThe Forty Developmental Assets

Through extensive research, the Search Institute has identifiedThe following 40 building blocks of healthy development that help young people grow up healthy, caring, and responsible.

The asset definitions shown in the following chart are based onresearch involving adolescents (6th to 12th grades). In addition,Search Institute has blended the literature on child development with the framework of assets for adolescents to identify parallel, developmentally appropriate sets of assets for infants, toddlers,preschoolers, and elementary-age children.

The Power of Assets

On one level, the 40 developmental assets represent everyday wisdom about positiveexperiences and characteristics for young people.

In addition, Search Institute research has found that these assets are powerful influences on adolescent behavior-both protecting young people from many different problem behaviors and promoting positive attitudes and behaviors.

This power is evident across all cultural and socioeconomic groups of youth. There is also evidence from other research that assets have the same kind of power for younger children.

The 40 ASSETS

The following is the list of the Forty developmental Assets as identified by the Search Institute.

NOTE:

The underlined assets may be impacted by court practices in a dependency case.

EXTERNAL ASSETS – Support

1. Family support - Family life provides high levels of love and support.

2. Positive family communication - Young person and her or his parent(s) communicate positively, and young person is willing to seek advice and counsel from parent(s).

3. Other adult relationships - Young person receives support from three or more non-parent adults.

4. Caring neighborhood - Young person experiences caring neighbors.

5. Caring school climate - School provides a caring, encouraging environment.

6. Parent involvement in schooling - Parent(s) are actively involved in helping young person succeed in school.

EXTERNAL ASSETS- Empowerment

7. Community values youth Young person perceives that adults in the community value youth.

8. Youth as resources Young people are given useful roles in the community.

9. Service to others Young person serves in the community one hour or more per week.

10. Safety Young person feels safe at home, at school, and in the neighborhood.

EXTERNAL ASSETSBoundaries and Expectations

11. Family boundaries - Family has clear rules and consequences, and monitors the young person's whereabouts.

12. School boundaries - School provides clear rules and consequences.

13. Neighborhood boundaries - Neighbors take responsibility for monitoring young people's behavior.

14. Adult role models - Parent(s) and other adults model positive, responsible behavior.

15. Positive peer influence - Young person's best friends model responsible behavior.

16. High expectations - Both parent(s) and teachers encourage the young person to do well.

EXTERNAL ASSETSConstructive Use of Time

17. Creative activities Young person spends three or more hours per week in lessons or practice in music, theater, or other arts.

18. Youth programs Young person spends three or more hours per week in sports, clubs, or organizations at school and/or in community organizations.

19. Religious community Young person spends one hour or more per week in activities in a religious institution.

20. Time at home Young person is out with friends "with nothing special to do" two or fewer nights per week.

INTERNAL ASSSETSCommitment to Learning

21. Achievement motivation - Young person is motivated to do well in school.  

22. School engagement - Young person is actively engaged in learning.

23. Homework - Young person reports doing at least one hour of homework every school day.  

24. Bonding to school - Young person cares about her or his school.  

25. Reading for pleasure - Young person reads for pleasure three or more hours per week. 

INTERNAL ASSSETSPositive Values

26. Caring - Young person places high value on helping other people.

27. Equality and social justice - Young person places high value on promoting equality and reducing hunger and poverty.

28. Integrity - Young person acts on convictions and stands up for her or his beliefs.

29. Honesty - Young person "tells the truth even when it is not easy.”

30. Responsibility - Young person accepts and takes personal responsibility.

31. Restraint - Young person believes it is important not to be sexually active or to use alcohol or other drugs.

INTERNAL ASSSETSSocial Competencies

32. Planning and decision making - Young person knows how to plan ahead and make choices.

33. Interpersonal competence - Young person has empathy, sensitivity, and friendship skills.

34. Cultural competence - Young person has knowledge of and comfort with people of different cultural/racial/ethnic backgrounds.

35. Resistance skills - Young person can resist negative peer pressure and dangerous situations.

36. Peaceful conflict resolution - Young person seeks to resolve conflict nonviolently.

INTERNAL ASSSETSPositive Identity

37. Personal power - Young person feels he or she has control over "things that happen to me.“

38. Self-esteem - Young person reports having a high self-esteem.

39. Sense of purpose - Young person reports that "my life has a purpose."

40. Positive view of personal future - Young person is optimistic about her or his personal future.

This list is an educational tool. It is not intended to be nor is it appropriate as a scientific measure of the developmental assets of individuals. Copyright © 2000 by Search Institute. All rights reserved. This chart may be reproduced for educational, noncommercial use only (with this copyright line). No other use is permitted without prior permission from Search Institute, 615 First Avenue N.E., Suite 125, Minneapolis, MN 55413; 800-888-7828.

Protecting Youth from High-Risk Behaviors

0-10 Assets

11-20 Assets

21-30 Assets

31-40 Assets

Problem Alcohol Use

49% 27% 11% 3%

Violence 61% 38% 19% 7%

Illicit Drug Use 39% 18% 6% 1%

Sexual Activity 32% 21% 11% 3%

Promoting Positive Attitudes and Behaviors

0-10 Assets

11-20 Assets

21-30 Assets

31-40 Assets

Exhibits Leadership

50% 65% 77% 85%

Maintains Good Health

26% 47% 69% 89%

Values Diversity 36% 57% 74% 88%

Succeeds in School

8% 17% 30% 47%

Ask the following questions:

If building assets aid in the child’s development, should not the system be concerned with its role in asset development?

In its current form does the court process reinforce assets or deplete them?

Do the professionals within the system model assets in their interactions with families?

Does the physical environment convey asset building?

ASSET CHALLENGE

Consider your current court process from the point of view of the family.

Are assets being built?

Is the environment asset friendly?

WAYS OF BEING: The Court and the 40 Developmental Assets

Do not view the assets as just a list that can be used to define the strengths (and needs) of a person or family.

The greatest power from this research is realized when the culture of OUR system is transformed.

OUR WAY OF BEING

Assets must first become embedded as our individual way of being. Then they can become actualized into the process over which we have control

Assets need to first become the “way of being” of the judge and

court staff. Then they can be actualized into our court processes.

WE LEARN ABOUT THE 40 ASSETS

We apply them to the way we see and interact with people.

No longer just a tool, the concept becomes a strength-based practice – our ways of being.

We change the culture of the system – its ways of being. Strength-based practices are employed.

40 ASSETS ARE ACTUALIZED IN THE PROVISION OF SERVICES

Asset Builders believe that empowering people to work with professionals and other family members to resolve problems is central to effective change. Few of us change by force.

Rather, we comply so long as the threat of force is present.

True change requires desire, voice, opportunity, tools, and support.

PARADIGM SHIFT

PARADIGM SHIFT

Shift from seeing the

PERSON AS THE PROBLEM

Interventions aredesigned to fix the person.

To seeing the

PROBLEM AS THE PROBLEM Here Interventions are

designed to maximize and

build upon resilience factors

of the person to correct the

problem.

Positive YouthDevelopment is NOT:

Positive Youth Development IS:

“DUMBING” DOWN THE SYSTEM

IT’S ABOUT HIGH EXPECTATIONS FOR ALL CHILDREN FROM ALL SECTORS OF

THE COMMUNITY

EXCUSING BEHAVIOR IT’S ABOUT ACCOUNTABILITY

Seeing kids differently as either high achievers or at risk

IT’S ABOUT ALL KIDS – Including the Invisible Ones

POSITIVE YOUTH DEVELOPMENT

What it is and isn’t…

POSITIVE YOUTH DEVELOPMENT What it is and isn’t…

IT’S NOT ABOUT ABDICATING or DELEGATING OUR RESPONSIBILITY

IT’S ABOUT ACCEPTING A DUTY TO PARTNER WITH OTHERS TO IMPROVE THE QUALITY OF LIFE FOR CHILDREN AND FAMILIES

IT’S NOT ABOUT MULTIPLE LANGUAGES

IT’S ABOUT A COMMON VOICE

IT’S NOT “IT TAKES A VILLAGE TO RAISE A CHILD”

IT DOES TAKE A COMMUNITY TO ACT AS SUPPORTS AND RESOURCES TO HELP FAMILY TO RAISE A CHILD

Servant Leadership From Materials by Robert Greenleaf See www.greenleaf.org

Classic styles of leadership often employ manipulation or coercionClassic styles of leadership often employ manipulation or coercionto direct others take a particular course of action.to direct others take a particular course of action.

Servant leadership is the antithesis of those leadership models.

Through servant leadership, the servant leaders seeksfirst to serve and, in so doing, leads.

The Principal question:

DO THOSE SERVED BECOME HEALTHIER, WISER, FREER, MORE AUTONOMOUS, AND MORE LIKELY THEMSELVES TO BECOME SERVANTS?

servant leadership

SERVICE

A SERVANT LEADER SEEKS FIRST TO SERVE AND IN SO DOING HE OR SHE LEADS.

This concept requires a transformation of focus. By meeting needs, people will recognize the servant as a leader. Moral authority is developed.

Service creates community.

servant leadership

EMPOWEREACH OF US - ALL OF US - HAVE

STRENGTHS AND TALENTS. The use of strengths resolve problems. Not only are opportunities offered, we must also remove impediments to success.

THIS IS THE TRUE DEFINITION OF EMPOWERMENT

servant leadership

RELATIONSHIPS“PEOPLE” ORIENTATION, NOT “PROJECT OUTCOME” ORIENTATION.

Servant leadership must be actualized in a personal way of being.Progression: Build “connectedness” between people, then between agencies; then build community. Is the goal to close the case or resolve the issue for the child?

Caution !

Empowerment and Servant Leadership do not mean that there should be acquiescence to a parent or guardian’s position that may – from an objective view – be contrary to the welfare of the family.

There should be practiced empathy and empowerment balanced with accountability.

The best interests of the child are always first and should be the center and outcome of any conferencing.

IMPLICATIONS OF POVERTY Highlighting the work of Dr. Ruby Payne, author of: A FRAMEWORK OF UNDERSTANDING POVERTY

and the work of Philip DeVol, author of : Bridges Out of Poverty

Dr. Ruby Payne, aha! Process, Inc. P.O. Box 727, Highlands TX 77562 (800) 424-9484 / www.ahaprocess.com

IMPLICATIONS OF POVERTYTo understand the concepts highlighted in this

presentation, you are encouraged to read the books listed.

This presentation is only an overview of the work of Dr. Payne and Philip DeVol and is offered to further explain the research basis for our court improvement project.

THE 40 ASSETS AND PRINCIPLES OF POVERTY

The principles adapted from Dr. Ruby Payne’s work on poverty can be first considered in the process of actualizing positive youth development and the 40 Asset process.

Often families are in such dire straits that we cannot begin with the literal application of the 40 assets. Rather, we must first identify a family’s resources and needs as outlined by Dr. Ruby Payne.

THE 40 ASSETS AND PRINCIPLES OF POVERTY

For example, you cannot instill education goals or a sense of community in a homeless or hungry child. First the court must insure basic resources are met. Then further development can be addressed.

THUS:

Meeting the Resource Needs of families instills the assets in the parents and the children.

IMPLICATIONS OF POVERTY

Dr. Payne defines poverty as the extent to which an individual does without resources.

Those resources are:

Financial, Emotional, Mental, Spiritual,

Physical, Spiritual, Support Systems,

Relationships / Role Models, Knowledge

of Hidden Rules and Coping Strategies.

Definitions of Resources

These definitions are from Bridges Out of Poverty by Ruby K. Payne, Philip DeVol, and

Terie Dreussi Smith. aha! Process, Inc., ISBN 0-9647437-9-5

Financial: Having the money to purchase goods and services.

Emotional: Being able to choose and control emotional responses, particularly negative situations without engaging in self destructive behavior.

IMPLICATIONS OF POVERTY Definitions of Resources

Mental: Having the mental abilities and acquired skills to deal with daily life (reading, writing, computing).

Spiritual: Believing in divine purpose and guidance.

Physical: Having physical health and mobility.

IMPLICATIONS OF POVERTY Definitions of Resources

Support Systems: Having friends, family, and backup resources available to access in times of need. (external resources).

Relationships / Role Models: Having frequent access to adult (s) who are appropriate, who are nurturing to the child, and who do not engage in self destructive behavior.

IMPLICATIONS OF POVERTY Definitions of Resources

Knowledge of Hidden Rules: Knowing the unspoken cues and habits of a group.

Coping Strategies: Being able to engage in procedural self-talk and the mindsets that allow issues to be moved from the concrete to the abstract. The ability to translate from the personal to the issue.

Characteristics of Poverty

Survival Orientation – Little room for the abstract. A job is not about a career but about getting enough money to survive.

“Discipline: Punishment is about penance and forgiveness, NOT ABOUT CHANGE.”

From Bridges Out of Poverty (page 52)

Characteristics of Poverty

Polarized Thinking: Options are not generally considered. It is one way or the other. Common comments: “I quit”, “I can’t”

Time is perceived in the present. Future is not always considered.

Planning ahead is not part of generational poverty. Thus a future benefit is not seen as being relevant to today.

Social Emphasis is on inclusion of people who are liked. In Middle Class the emphasis is on self governance.

Characteristics of Poverty

Discipline and authority:

When involved in the court or social service system, behavior is marked by compliance with the requirements so long as the authority is present.

USE OF THE ADULT VOICE

Three voices: Child’s voice: defensive, victimized, negative Parent Voice: authoritative, judgmental, win –

lose mentality, threatening Adult Voice: non-judgmental, factual, firm,

attitude of win-win- “ Where would you like this situation to end up?” “What are your options?” “These are the choices.”

POVERTY CHARACTERISTICS EXERCISE

Consider how each of the following effect or are effected by current court practices:

1. Survival orientation and money management. 2. Discipline.3. Polarized thinking.4. Concept of time and the relevance of planning to

current needs. 5. The voice in the court room.

The need for change….

Poverty driven responses to the court’s orders or processes shouldnot push our buttons. After all, it is not about us. It is about

them. Research on poverty compels us to do the following:

Rules should be explained.

The family’s Resources must be considered.

Courts plan forward – prospectively. We must however, identify goals and then work backwards.

Respect family loyalty –Allow inclusion.

Use adult voice.

Reinforce that the from crisis comes opportunity not despair.

BUILDING ASSETS AS RESOURCES ARE PROVIDED

Dispositional Decrees that provide for services that replenish RESOURCES

also build

Developmental Assets

BUILD RESOURCES – BUILD ASSETS

RESOURCE ASSET

Financial Sufficient funds to purchase goods and services

#10 - Safety #32 - Planning and decision Making#37 - Personal Power

Emotional Ability to choose and control emotional responses, particularly to negative situations, w/o engaging in self destructive behaviors

#1 – Family Support#2 – Communication#4 & 5 – Caring Neighborhood and school#11 - Family Boundaries#38 - Self Esteem#40 – Positive view of future

BUILD RESOURCES – BUILD ASSETS

RESOURCE ASSET

MentalHaving the mental abilities and acquired skills to deal with every day life.

#6 – Parent involved in school #12 – School boundaries#17 – Creative activities#21 – Achievement motivation#22, 23, & 24 – School engagement#25 - Reading

Spiritual Believing in divine purpose and guidance.

#19 – Religious activity#26 – Caring#27 – Equality and social justice#28 & 29 - Honesty and integrity#30, 31, & 35 – Responsibility, restraint and resistance skills

BUILD RESOURCES – BUILD ASSETS

RESOURCE ASSET

Physical Having physical health and mobility.

#10 – Safety #37 – Personal Power#38 – Self Esteem#40 – Positive view of future

Support System Having friends, family, and backup resources available to access in times of need.

#3 – Other adult relationships#4 & 5 caring neighborhood and school #6 – Parent involved in schooling#18 – Youth programs #15 – Positive peers#36 – Peaceful conflict resolution

BUILD RESOURCES – BUILD ASSETS

RESOURCE ASSET

Role Models

Having frequent access to adult(s) who are appropriate, who are nurturing to the child, and who do not engage in self destructive behavior.

#3 – Other adult relationships

#14 – Adult role models

#34 – Cultural competence

#36 - Peaceful Conflict resolution

#39 – Sense of purpose

Knowledge of Hidden Rules

Knowing the unspoken cues and habits of a group

#16 – high expectations

#33 - Interpersonal skills

#34 – Cultural competence

#37 – Personal power

Rehabilitation comes at a cost

Rehabilitation is a shift from prior behaviors.

There is a cost to embracing and achieving new goals.

Often that cost comes in the form of a loss in relationships. In some situations that cost may be too high.

In some cases, a plan for building a new community of care is essential.

COSTS can be tempered. In Bridges Out of Poverty, they cite to Stephen Covey’s idea of an emotional bank account:

WITHDRAWALS 1. Seek 1st to be understood.2. Break promises3. Unkind, discourtesy4. Violate expectations5. Disloyal6. Pride / arrogant7. Reject feedback

Cite: The Seven Habits of Highly Effective People by Stephen Covey

DEPOSITS 1. Seek first to understand2. Keep promises3. Kindness, courtesy4. Clarify expectations5. Loyalty to those absent6. Apologies7. Open to feedback

REQUIREMENTS FOR CHANGE

Desire: A person will not desire change unless the present circumstances are uncomfortable.

Voice: A person will more readily accept and work toward change when they have a voice – ownership. Relevancy of services and clear objectives are important.

Opportunity: Where and how can their strengths be honed? We need to assist them in garnering resources that can lead to ASSETS.

Tools: WE, with their extended family, kin-like family, and their community are their tools.

Support: Developing a circle of care that they can tap into after the system departs reduces recidivism. Support is relational.

Empowerment: Removing impediments from the family’s road to success.

What, then, does all this mean for OUR GOALS? What does this research mean for our

responsibility to: PROVIDE FOR THE CHILD’S BESTS

INTERESTS ?

TO REUNIFY AND PRESERVE THE FAMILY?

TO ENSURE PERMANENCY ?

The Answer: We must change OUR way of being…..

DEPENDENCY MEDIATION

and

FAMILY GROUP DECISION MAKING

IS THE PRACTICAL APPLICATION OF:

Strength Based PracticesServant Leadership Developmental AssetsResiliency Development in Children and FamiliesResearch on Poverty

•Review the following and see how the themes from the research resonate in the principles and practice of Family Group Decision Making !

DEPENDENCY MEDIATION AND

FAMILY GROUP DECISION MAKING

These practices are the synthesis of the research.

In the family conference:

Assets are built.

Resiliency is addressed and reinforced.

Servant leadership occurs.

Resources are restored.

Barriers imposed by poverty are overcome.

True Empowerment is built.

Diversity and culture are protected.

DEPENDENCY MEDIATION AND FGDM are not programs. They are a practice – a “new way of being”.

THE FRAMEWORKDependency Mediation and FGDM are:

Family centered Strengths and community based. They recognize that families have strengths and have

the most information to make well informed decisions.

Families have the responsibility and ability to care for and provide a sense of identity for their children.

Each encourages families to connect with their community.

FGDM and Dependency Mediationpromote cultural awareness.

An understanding diversity and inclusion are central to the operation of a more effective Dependency system.

Family Group Decision Making, Dependency Mediation (facilitation), and other similar practices recognize that each family has a culture that must be respected. By incorporating the extended family and community into the process the system adapts to the cultural norms of each family. The traditions, ethnic, and child’s identification to his or her culture is protected and not tarnished by the system.

Mediation and FGDM also offer other benefits:

FGDM conferences result in the resolution of a family’s collateral issues. For example, families often address visitation, clothing needs, family reunions, and other shared responsibilities.

FGDM aids in the development of a child’s (and family’s) social capital.

If a parent must lose a relationship to maintain change, then FGDM can be used to create a new community of care.

Principles of Family Conferencing

At the core of Family Support Conferencing and CHINS mediation are the following principles:

“Families have strengths and can change.” They deserve respect. Families have wisdom and solutions. Families and communities are our best resource.”

“Strengths are what ultimately resolve issues or concerns.” It is important to set up opportunities for families to show their strengths.”

“Strengths are discovered through listening, noticing, and paying attention to people.”

Principles of Family Conferencing, con’t.

People gain a sense of hope when they are listened to.”

“People are more inclined to listen to others if they are listened to.”

“Options are preferable to advice. They provide choices and, therefore, empower.”

“A consultant is more helpful than a dictator.”

Quoted from Innovations for Children’s Services for the 21st Century: Family Group Decision Making and Patch, by Lisa Merkel

Holguin, Amy Printz Winterfield, Carol J. Harper, Nancy A. Coburn and John D. Fluke, American Humane Association, Children’s

Division, (1997), page 16, in referencing research by Graber, Keys and White, 1996.)

Breaking the Glass Barrier

Often a barrier exists that prevents the extended family from taking action. FGDM and Dependency Mediation breaks the wall that the parent has constructed to keep the family out.

Often times the extended family is the best ally for enforcement.

DEPENDENCY MEDIATION

FACILITATION

The Journal of the American Academy of Matrimonial Lawyers (Vol. 16, 1999) notes that mediation will take us back to our roots as a juvenile court.

“Although perhaps not foreseen by its Illinois founders in 1899, ADR …[mediation]… was essential to the foundation upon which the juvenile court movement was based.”

The Journal of the American Academy of Matrimonial Lawyers, con’t.

The journal authors recognize that the traditional adversarial legal process has never been regarded as the most appropriate means to determine the best interests of the children.

“Therefore, it is natural that the court would begin to look for a process that benefits the court, but also continues to serve the best interests of the children.” (Ibid)

Mediation / facilitation provides an opportunity for parents to be empowered to determine the solutions to their problems.

From the Journal of American Academy of Matrimonial Lawyers the following benefits of mediation are noted:

WHEN PARENTS AND CHILDREN GET A VOICE IN DECISIONS THEY ARE MORE LIKELY TO COMPLY;

TREATMENT CAN BEGIN QUICKER BECAUSE THERE IS LESS PASSIVE RESISTANCE; AND

THERE IS A TIME AND COSTS SAVINGS.

RULES OF FGDM & FACILITATION

The most important rule is that FGDM

and Mediation requires that ALL parties

adapt / change / make concessions.

This is NOT just another way to enforce

the will of the bureaucracy on the family.

THE RULES DO NOT REQUIRE THAT:

The Court abdicate its role as the final arbitrator.

Nor must a case worker yield to the parents against that which is in the best interests of the child.

ULTIMATELY, THE COURT MUST RULE

TO MEET THE CHILD’S BEST INTERESTS.

A brief overview of the process in FGDM and Dependency Mediation

IDENTIFY THE PROBLEM Reach an agreement onthe issues of the case.

IDENTIFY THE GOALAgree to the goals for the family.

PLAN BACKWARDS TO DEVELOP A PLAN TO SOLVE THE PROBLEMS AND MEET THE GOALS Agree to the services the family needs to solve the problems and meet their goals.

PRESENT THE PLAN / AGREEMENTS TO THE COURT FOR ITS APPROVAL .

The Environment should also change

SOME THOUGHTS ON BENEFITS BY USING THIS PRACTICE

There is a long term cost savings: Factfindings can

be reduced. Greater

Compliance More family

placements

OTHER BENEFITS OF THIS REFORM

REASONABLE EFFORTS – Facilitation is a reasonable effort.

Ownership = greater compliance. Asset Building in the children. The individual culture of the family is

respected. Partnership created with the family.

OTHER BENEFITS…..

Increase in reunification and relative placements, successful and timely permanency plans, increase compliance to federal regulations – CFSR.

In the long run the judge’s job is easier. Courtroom strife and heartfelt decisions are reduced.

If a case proceeds to termination, you know that all other avenues have been exhausted.

OTHER BENEFITS…..

You are doing the right thing. Judicial stress reducer Good politics:

Family supportive Child protection Fear and accusation of the secret court process

is reduced. Culturally positive – the system is eventually seen

in a better light.

Benefits, con’t.

Sense of future for family. A good court record. Knowledge of and a relationship with other

appropriate family members for a possible concurrent plan for permanency.

Where FGDM can be used:

As a preventative step to avoid the need for court intervention in a dependency case.

Permanency Planning. Transition from assisted living to create new

communities of care. Truancy and school behavior issues.

BUT beware of the naysayers:There are some who would try to stop the process:

Parents JudicialMany are dependent on “The Court is a reactive agentthe system. Making decisions not a proactive agent.” Being held accountable is a We don’t have the docket

time.foreign concept.

FGDM/ FACILITATION

Family Social ServicesThere may be a family member Social services have been builtWho’s power is adversely impacted on the idea that they know by FGDM. best. This process impacts

power and turf.

Myths, Concerns, FrustrationObstacles always accompany any

change.Objections to strength based practices,

especially family group decision making, family conferencing, and

dependency mediation come in the following:

Time * The Messy Living Room * Control

Myths, Concerns, Frustration

TIME MESSY CONTROL Conferencing takes too much time. We can and do accomplish the same result in our meetings. When the lawyers meet outside the courtroom many of the differences can be efficiently addressed. Caseworkers, teachers, courts have limited time to do what we have to do. We can’t take on one more part of an already overburdened process.

These families are very dysfunctional. They often don’t trust us. Extended families complicate the process. The at-risk model is neat and efficient: Identify the problem. Develop a plan . Implement the plan. If the problem is not resolved, remove the problem.

In their dysfunction the family is not positioned to understand what is needed to correct their situation. Professional intervention is needed. The extended family helped create the problem they cannot be trusted to resolve it. What is my role in conferencing?What is my career purpose if people are resilient enough not to need me to solve their problems for them?

RESPONSE

Actually, this process moves the child to a final resolution more quickly than the conventional system. More time is spent on the “front end”. However, with greater buy in by the family a case can move more quickly to permanency. What is the more important? OUR TIME or the NEEDS OF A CHILD OR A FAMILY ? WHAT HAS PRIORITY - THE PERSON? OR THE CLOCK ?.

It is only in the messy living room is life

experienced. Ministry only happens when the

distractions, the naysayers, the problems,

the fears, the supports, the hopes, the dreams, and

the love are all laid out.

To help someone, is not simple. Relationships are

messy. Sound bites may win

campaigns ,but they never create effective policy.

Our role is to equip, to vision, to be the visionary for the family.

Our purpose is to remove the dross from the gold.

Our duty is to find and point the family in the direction of their strengths; to empower them to heal and to grow.

CONSIDER THIS:If we just enter and fix “them”, how can they be heldresponsible for their success or failure?

Our true role is to equip, to vision, to empower.

When Family Group Decision Making is employed:

If they succeed, the family will have identified and built on their strengths. Their change will be influenced by their hearts and minds – not by the temporary presence of authority.

If they fail, the failure is the result of their action and a solid basis is therefore laid for an alternative permanency plan.

CONTACT INFORMATION

Judge Charles F. Pratt

cpratt@co.allen.in.us

Kathleen Rusher

kathleen.rusher@co.allen.in.us

Telephone 260-449-3574