New Home, New Life, New Joy - Michael, age 17
Youth Participation in Court Proceedings: Benefits, Policy and PracticeThe Honorable Karin BonicoroChild Protection Court, Central Texas
Susan Tsou, JDChildren’s Law Center of Los Angeles
George White, Former Foster Youth
Moderator: Leslie Heimov, JD, CWLSChildren’s Law Center of Los Angeles
How are we doing?How are we doing? On any given day foster
children occupy 40% of the child mental health inpatient beds
Over 1/3 do not finish high school and fewer than 10% of foster youth enroll in college
Foster youth are significantly disproportionaly over represented in the juvenile justice system
Close to 1/4 will become homeless within 1st year of leaving the systemOne fourth will be incarcerated within 2 years of emancipationOver 30% will be on public assistanceHundreds of thousands of missed opportunities
The Federal Legislation
Title IV-B of the Social Security Act as amended by the Child and Family Services Improvement Act of 2006 requires a court or administrative body conducting a permanency hearing held with respect to a child to consult, in an age age appropriate manner, with the child regarding the proposed permanency or transition plan for the child (P.L. 109-288, Section 10(3))
Children must have both effective legal representation and a direct voice in
court
Un Medio Ambiente - Silvia, age 18
The American Bar Association The National Center for Juvenile
and Family Court Judges The National Association of
Counsel for Children The U.S. Department of Health and
Human Services The Pew Commission on Children
in Foster Care First Star
Children’s Law Center of Los Angeles
Untitled – Noe, age 11
Legal StandardsLegal Standards
The attorney cannot The attorney cannot provide competent & provide competent & effective representation effective representation without a clientwithout a client
The right to legal representation for children in dependency proceedings is meaningless unless that counsel is effective. Kenny A. v. Purdue, 218 F.R.D. 277 (N.D. Georgia 2005)
Children’s Law Center of Los Angeles
What happens when youth have no voice in their court
hearings?Decisions made for me, not
respecting who I am or want to beVoicing words not just to be said, but
to be heardWords not just of sound but of
thoughtsSpeaking knowledge, spirit, and factKeeping faith, heart, and soul intact
Thinking of my future, who and where will I be
What Could Have Been - Scarlet, age 16
Nationwide Survey The majority of child welfare
professionals say youth should be present at some hearings.
The more experience the
professional has, the more likely they are to advocate for regular youth presence in court.
Yet only 29% report that children attend court most or all of the time.
27% of youth reported they NEVER attended their hearings
58% of youth reported they
attended IRREGULARLY --- only some of the time
Of those who attended court 60% say that it was helpful and their presence yielded real benefits - - from being able to take an active role in decisions being made about their lives to simply being able to be present and hear what transpires as decisions that impact their future are made.
Children’s Law Center of Los Angeles
Children’s Law Center of Los Angeles
Youth presence forces a focus on the child rather than on a case or a file
Family Forever – James, age 16
Child’s appearance, demeanor, needs, experiences in care
Personality and strengths
Frame of reference over time
Interaction with parents, social workers, attorneys, caregivers
One-on one personal interaction with Judge
Children’s Law Center of Los Angeles
Need to Hear Youth Voice
Decisions made regarding a child’s family relationships, physical safety, education, health and their very home without youth involvement will understandably be met with frustration and resistance.
What If? - Cierra, age 16
Youth need to be fully involved to develop an effective case plan
Youth have valuable information that can and should inform court process
Children’s Law Center of Los Angeles
When should foster youth be involved?
At Every stage– Case Plans– Mediation / Negotiation Sessions– Family Group Conferences– Team Decision Making– At Court
All parts of the system can benefit from inclusion of youth in court proceedings. Participation provides significant
benefit to the child
Modeling of decision making and problem solving Realistic view of family situation Connections with concerned adults Empowerment Increased satisfaction with time in care
Self Portrait - CJ, age 16
Children’s Law Center of Los Angeles
Mythbusters or www.getmetocourt.com The child cannot
understand the proceedings Disrupts process Don’t want to upset the
child? The adults? Age of child Supervision Lawyer’s commitment Impacts school Judges not all on board Type of proceeding Inhospitality of court
facilities Long waiting time in court Transportation issues
What if Your Pictures Were Your Only Memories - Jennifer, age 14
Children’s Law Center of Los Angeles
Preparing Children and Youth for Court
Ensure that youth are ready to come to courtDescribe and explain the proceeding to the child/youthExplain your role and the roles that other adults will play Help the youth prepare for what she would like to say to the court Prepare the adults for the child’s participationPost-court debriefing with the child/youth
Mis Razas Mexicanas Martin, age 17
Children’s Law Center of Los Angeles
Introducing the Child to the Court and Legal Process
See the courtroom and explain what happens there
Meet the judge Demystify the process Use easy to understand
terms and “translate” lingo in court Though I Speak My Grief - Ronald, age 18
Children’s Law Center of Los Angeles
The Role of Caregivers in Ensuring the Voices of Children and Youth in Court
Facilitating contact among attorney, GAL or CASA, and child
Providing information regarding child’s background, strengths and needs
Participating in court proceedings
Preparing child for court appearance and supporting child before, during and after
Untitled - Kathy, age 20
Children’s Law Center of Los Angeles
Accommodating children and youth with disabilities in court proceedings Children with physical
disabilities Children with expressive or
receptive language or other communication disorders
Children with mental/behavioral health challenges
Children with developmental disabilities or diagnosis of mental retardation
Another Lost Soul - Gabrielle, age 20
Children’s Law Center of Los Angeles
Promote Opportunities for Active Participation in Court Proceedings Improve court processes: court
room and waiting room accommodations, case scheduling, use of technology in the court room
Involve those who care about the children and youth
Provide the court with information to support fully informed decisions
Ensure effective representation by attorneys
Confusion - Jonathan, age 16
Children’s Law Center of Los Angeles
Youth Perspectives“I never went to court. I have been in and out of foster care since I was a baby and I really resent that I never got the chance to speak on my behalf, or even be present when my future was being discussed.”
- South Dakota foster youth
“Listen to us. Find out what our style is. Talk to other people that know us, if we say it’s okay. Check with us about things. Remember the motto, ‘Nothing About Me Without Me!’ Don’t make choices for us or make fun of us. Know that we have thoughts, feelings, and ideas just like you.”
Sara Erstad-Landis, “What I Would Like to Say to Lawyers,” Youth Law News
Poetic - Ronald, age 18
Where We Are Headed
.
Untitled - Marcus, age 15
“Children do not necessarily speak the language of the adults or the legal systems in which they are being given voice; thus their own voice is susceptible to interpretation and translation, i.e. distortion, by the adults – even their own lawyers.”“Children’s Voice and Justice: Lawyering for Children in the 21st Century”
Every child is an active participant in their case
Additional Slides
The following three slides were not included in the presentation but provide useful information.
Children’s Law Center of Los Angeles
Third Party Consultation is Insufficient
Family Forever – James, age 16
Credibility of information
Relationship Building Child’s appearance,
demeanor Child’s interaction with
parents, social workers, attorneys, caregivers
Important nonverbal information
One-on one personal interaction with Judge
Some states that give children a right to be present in the courtroom - Florida (Fla. R. Juv. P. Rule 8.255(b)) - California (Cal Wel & Inst Code § 290.1 et.seq., 366.26 (2005) Cal Wel & Inst Code § 16001.9)
– Minnesota (Minn. Stat. § 260C.163)- Kansas (K.S.A. §38-1570(a))- New Mexico (N.M. §32A-3B-13(c)
All other states have some requirement that children be summons to court initially as part of the summons process.
Some states that give children a right to participate in the development of their case plan
W. Virginia (W. Va. Code, § 49-6D-3)(above age 12 encouraged to participate)
Oregon (Or. Rev. Stat. § 419B.476(c))
Florida (Fl. Stat. Ann. § 39.601(1)(a))
California (WIC 16501.1(B)(12)