Seen Seen and and HeardHeardInvolving Children in Dependency CourtInvolving Children in Dependency Court

Kristin KellyKristin KellyStaff AttorneyStaff Attorney

American Bar Association Center on Children and the LawAmerican Bar Association Center on Children and the LawBar-Youth Empowerment ProjectBar-Youth Empowerment Project

Wyoming Court Improvement Project Wyoming Court Improvement Project February 10, 2011February 10, 2011

All I ever wanted was to be All I ever wanted was to be heard and not just heard and not just

dismissed…dismissed…

Youth in foster careYouth in foster care

Outline of PresentationOutline of Presentation

Benefits of Youth Participation Benefits of Youth Participation Federal and State Law and National Federal and State Law and National

PerspectivePerspective Concerns about Youth InvolvementConcerns about Youth Involvement Policy and Practice ConsiderationsPolicy and Practice Considerations Tips/roles for involving youth in court Tips/roles for involving youth in court

proceedingsproceedings StudyStudy Additional ResourcesAdditional Resources

Benefits of Youth Benefits of Youth InvolvementInvolvement

Youth Involvement Youth Involvement

Case level:Case level: Empowered in transition and Empowered in transition and

permanency planningpermanency planning Assure necessary services and supportsAssure necessary services and supports Sense of controlSense of control Understanding the processUnderstanding the process Information for the courtInformation for the court

System level:System level: Advocacy and effective implementationAdvocacy and effective implementation

Federal and State Law and Federal and State Law and National PerspectiveNational Perspective

Current Federal Requirements Current Federal Requirements for Case Plansfor Case Plans

““Case plans” must include an Case plans” must include an independent living plan “where independent living plan “where appropriate for youth ages 16 and appropriate for youth ages 16 and older.” older.”

42 U.S.C. 675 (1)(D)42 U.S.C. 675 (1)(D)

Current Federal Requirements Current Federal Requirements for Case Reviewsfor Case Reviews

At least once every 6 months for all Title IV-E eligible youth At least once every 6 months for all Title IV-E eligible youth (including youth over 18).(including youth over 18).

The court must find what services are needed for a youth 16 and The court must find what services are needed for a youth 16 and older to transition from foster care to independence.older to transition from foster care to independence.

The court must find that reasonable efforts are being made to The court must find that reasonable efforts are being made to finalize the permanency plan.finalize the permanency plan.

During the 90-day period immediately prior to the date the child During the 90-day period immediately prior to the date the child will attain age 18 (or other age if the state elects), the agency will attain age 18 (or other age if the state elects), the agency must provide the child with assistance and support in developing must provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child, a transition plan that is personalized at the direction of the child, includes specific options on housing, health insurance, includes specific options on housing, health insurance, education, local opportunities for mentors and continuing education, local opportunities for mentors and continuing support services, and work force supports and employment support services, and work force supports and employment services, and is as detailed as the child may elect. services, and is as detailed as the child may elect.

42 U.S.C. 42 U.S.C. §§ 675(5); 45 C.F.R. 675(5); 45 C.F.R. §§ 1356.21(b)(2)(i). 1356.21(b)(2)(i).

Current Federal Requirements Current Federal Requirements for Case Reviews, cont. for Case Reviews, cont.

States must implement procedural States must implement procedural safeguards to ensure that at all safeguards to ensure that at all hearings, including “any hearing hearings, including “any hearing regarding the transition of the child regarding the transition of the child from foster care to independent living,” from foster care to independent living,” the court consults “in an age-the court consults “in an age-appropriate manner, with the child appropriate manner, with the child regarding the proposed permanency or regarding the proposed permanency or transition plan for the child.”transition plan for the child.”

42 U.S.C. 42 U.S.C. §§ 675(5); 45 C.F.R. 675(5); 45 C.F.R. §§ 1356.21(b)(2)(i). 1356.21(b)(2)(i).

Organizational SupportOrganizational Support

NCJFCJ – Resource GuidelinesNCJFCJ – Resource Guidelines ABA – Standards for Representing ABA – Standards for Representing

Children in Abuse and Neglect CasesChildren in Abuse and Neglect Cases NACC – ABA Standards AmendedNACC – ABA Standards Amended Pew Commission – Fostering the Pew Commission – Fostering the

FutureFuture UNLV conference on Representing UNLV conference on Representing

Children in FamiliesChildren in Families

Around the countryAround the country

AgeAge Kansas – 14Kansas – 14 New Mexico – 14 (compelling v. best interest)New Mexico – 14 (compelling v. best interest) Virginia – 12Virginia – 12 Michigan - 11 (notification)Michigan - 11 (notification) Idaho – 8 (notice and right to be heard)Idaho – 8 (notice and right to be heard)

Other criteriaOther criteria Minnesota – children have the rightMinnesota – children have the right Florida – best interestsFlorida – best interests California – children’s rightCalifornia – children’s right

WyomingWyoming Rules of Procedure for Juvenile Court – Rule 2Rules of Procedure for Juvenile Court – Rule 2Presence of the Child.Presence of the Child. A child who is not of suitable age to A child who is not of suitable age to

understand or participate in the proceedings need not be present understand or participate in the proceedings need not be present at hearings in abuse and neglect actions unless the court so at hearings in abuse and neglect actions unless the court so orders.orders.A child alleged or adjudicated to be delinquent, or in need of A child alleged or adjudicated to be delinquent, or in need of supervision, shall be present at all hearings unless otherwise supervision, shall be present at all hearings unless otherwise ordered by the court. A child alleged or adjudicated to be ordered by the court. A child alleged or adjudicated to be delinquent, or in need of supervision, shall be present at any delinquent, or in need of supervision, shall be present at any hearing where the court is required to advise the child of the hearing where the court is required to advise the child of the contents of a Petition and the child's rights under any applicable contents of a Petition and the child's rights under any applicable statute.statute.Upon motion of a party, the court may excuse the presence of a Upon motion of a party, the court may excuse the presence of a child alleged or adjudicated to be delinquent, or in need of child alleged or adjudicated to be delinquent, or in need of supervision, who is of suitable age, if attendance would be supervision, who is of suitable age, if attendance would be detrimental to the child; or allow a child to appear by telephone. detrimental to the child; or allow a child to appear by telephone.

Rules of Procedure for Juvenile Court – Rule 8Rules of Procedure for Juvenile Court – Rule 8Duties of Court Appointed Special Advocates. Duties of Court Appointed Special Advocates.

8. 8. Ascertain the wishes of the child and assist in making the Ascertain the wishes of the child and assist in making the wishes known to the partieswishes known to the parties

Guardian Ad Litem Program/RulesGuardian Ad Litem Program/Rules

(xi) In recognition of federal law encouraging the presence of children at hearings in which they are the subject and in recognizing the best interests of the child, children should attend all significant court hearings, unless, for their best interests, they should be excluded. A decision to exclude the child from the hearing should be made based on a particularized determination that the child does not want to attend, is too young to sit through the hearing, would be severely traumatized by such attendance, or for other good reason would be better served by nonattendance. The lawyer should consult the child, therapist, caretaker or any other knowledgeable person in determining the effect on the child of being present at the hearing. The lawyer should also ensure that the state/custodian meets its obligation to transport the child to and from the hearing and ensure the presence of someone to accompany the child any time the child is temporarily absent from the hearing;

The presence of children in court The presence of children in court proceedings that affect them is proceedings that affect them is

invaluable, even when they are too invaluable, even when they are too young to express themselves. The young to express themselves. The child’s presence alone can give a child’s presence alone can give a face to what would otherwise be face to what would otherwise be simply words on paper. Nothing simply words on paper. Nothing

can substitute for personally can substitute for personally observing and engaging a child.observing and engaging a child.

-Judge William G. Jones (ret)-Judge William G. Jones (ret)

ConcernsConcerns Harm to youthHarm to youth Youth feel responsibleYouth feel responsible Youth are upset when they don’t get Youth are upset when they don’t get

what they wantwhat they want LogisticsLogistics SchoolSchool

Policy and Practice ConsiderationsPolicy and Practice Considerations

What are youth’s wishes?What are youth’s wishes? How old is the youth?How old is the youth? What is the developmental level of What is the developmental level of

the youth?the youth? Will attending court upset the youth?Will attending court upset the youth?

Policy and Practice ConsiderationsPolicy and Practice Considerations

Will attending court disrupt the Will attending court disrupt the youth’s routine?youth’s routine?

Will court be confusing or boring to Will court be confusing or boring to the youth?the youth?

Who will transport the youth?Who will transport the youth? Will the court need additional time Will the court need additional time

for the hearings?for the hearings? What type of hearing is scheduled?What type of hearing is scheduled?

Tips for involving youth in court Tips for involving youth in court proceedingsproceedings

Have the youth present throughout the Have the youth present throughout the hearinghearing

Present the youth’s testimony in chambersPresent the youth’s testimony in chambers Arrange in advance visit to the courthouseArrange in advance visit to the courthouse Have the youth wait in a waiting area for Have the youth wait in a waiting area for

the hearingthe hearing Exclude the youth from court during Exclude the youth from court during

harmful testimonyharmful testimony

GAL prepares the childGAL prepares the child Provide the youth with at least 2 weeks notice of the hearing.Provide the youth with at least 2 weeks notice of the hearing. Let the youth know that he may have to wait for a couple of Let the youth know that he may have to wait for a couple of

hours and to bring school work or other things to occupy his time. hours and to bring school work or other things to occupy his time. Discuss who will be present at the hearing and what their roles Discuss who will be present at the hearing and what their roles

are.are. Determine whether the youth wants a supportive person present Determine whether the youth wants a supportive person present

during the hearing. during the hearing. Explain your role as guardian ad litem and that you have to Explain your role as guardian ad litem and that you have to

advocate for the youth’s best interests. advocate for the youth’s best interests. Let the youth know what is in the GAL’s report to the court. Let the youth know what is in the GAL’s report to the court. Tell the youth that you will tell the judge what she wants. Tell the youth that you will tell the judge what she wants. Discuss what is expected to happen.Discuss what is expected to happen. Let the youth read the child welfare agency’s report to the court Let the youth read the child welfare agency’s report to the court

(or tell the youth the pertinent portions) and find out whether the (or tell the youth the pertinent portions) and find out whether the youth has any responses.youth has any responses.

Find out what the youth wants to the judge to know.Find out what the youth wants to the judge to know. If the youth’s position is different that yours, request alternative If the youth’s position is different that yours, request alternative

counsel be appointed. counsel be appointed.

Determine how and whether the youth wants to speak Determine how and whether the youth wants to speak with the judge directly (i.e. during the court proceeding with the judge directly (i.e. during the court proceeding with parties present or in chambers (if possible)). with parties present or in chambers (if possible)).

Include in the report to court whether the youth will Include in the report to court whether the youth will attend the hearing and any accommodations that should attend the hearing and any accommodations that should be made. be made.

Respond to the youth’s questions about the hearing. Respond to the youth’s questions about the hearing. Decide whether the youth should attend the entire Decide whether the youth should attend the entire

hearing or be excused for certain portions. hearing or be excused for certain portions. Decide with the youth whether he should speak directly Decide with the youth whether he should speak directly

to the judge during the hearing and discuss what he will to the judge during the hearing and discuss what he will say. say.

Ensure arrangements are made to bring the youth to the Ensure arrangements are made to bring the youth to the hearing. hearing.

What role do foster parents play What role do foster parents play in preparing the youth?in preparing the youth?

Arrange transportationArrange transportation Make any schedule changes so the Make any schedule changes so the

youth does not miss out on youth does not miss out on activitiesactivities

Contact the school to inform them Contact the school to inform them and get homeworkand get homework

Be available as a support person for Be available as a support person for the youth during the hearingthe youth during the hearing

What role does social worker play What role does social worker play in preparing the child?in preparing the child?

Provide the youth 2 weeks notice of the hearing Provide the youth 2 weeks notice of the hearing Let the youth know that he may have to wait for Let the youth know that he may have to wait for

a couple of hours and to bring school work or a couple of hours and to bring school work or other things to occupy his timeother things to occupy his time

Discuss who will be present at the hearing and Discuss who will be present at the hearing and what their roles arewhat their roles are

Arrange for a supportive person present during Arrange for a supportive person present during the hearingthe hearing

Let the youth know what is in the social Let the youth know what is in the social workers’ report to the courtworkers’ report to the court

Help the youth write down what the youth Help the youth write down what the youth wants the judge to knowwants the judge to know

Social workersSocial workers

Tell the GAL what the youth’s opinion is on Tell the GAL what the youth’s opinion is on placement, goals, services, visitation, etc. placement, goals, services, visitation, etc.

Tell the GAL whether the youth wants to Tell the GAL whether the youth wants to speak with the judge in chambersspeak with the judge in chambers

Tell the GAL whether the youth should Tell the GAL whether the youth should attend the whole hearing or be excused attend the whole hearing or be excused for portions for portions

Arrange transportation to the hearing with Arrange transportation to the hearing with the youth’s placement providerthe youth’s placement provider

Youth in Court Checklist Youth in Court Checklist

Preparing for CourtPreparing for Court LogisticsLogistics

Description of courtroomDescription of courtroom Number of people presentNumber of people present Appropriate behavior and dressAppropriate behavior and dress Availability of comforts: bathroom, food, drinkAvailability of comforts: bathroom, food, drink Activities while waiting: toys, books, cell phonesActivities while waiting: toys, books, cell phones TransportationTransportation School and ScheduleSchool and Schedule

Attendees and Roles Attendees and Roles Purpose of the Hearing Purpose of the Hearing Questions Youth Might Be Asked/What Questions Youth Might Be Asked/What

Youth Wants To Tell The Judge Youth Wants To Tell The Judge Special Issues- Fears, ConcernsSpecial Issues- Fears, Concerns

During the HearingDuring the Hearing

Introduce youth and family membersIntroduce youth and family members Support personSupport person Allow youth to speakAllow youth to speak Engage youth (See benchards)Engage youth (See benchards) Bifurcate hearing, if appropriateBifurcate hearing, if appropriate In chambers consultationIn chambers consultation

Debrief AfterwardsDebrief Afterwards

Review court orderReview court order GAL ensures youth understands what GAL ensures youth understands what

happened and what will happen nexthappened and what will happen next Allow youth to ask questionsAllow youth to ask questions Follow up with therapy around court Follow up with therapy around court

issues, if necessaryissues, if necessary Follow up in several weeks to see if Follow up in several weeks to see if

youth has questionsyouth has questions

ResearchResearch

Study resultsStudy results Children with more advanced general legal Children with more advanced general legal

understanding are less distressed about their understanding are less distressed about their hearing and understand more about decisions made hearing and understand more about decisions made in their casesin their cases

Overall, most children do not experience negative Overall, most children do not experience negative emotional reactions to court participation and prior emotional reactions to court participation and prior knowledge about the court process may make the knowledge about the court process may make the experience even more positiveexperience even more positive

Children need help understanding the legal system, Children need help understanding the legal system, particularly the decisions made on their behalfparticularly the decisions made on their behalf

Teens consider fairness in their overall satisfaction Teens consider fairness in their overall satisfaction with case outcomeswith case outcomes

Positive perceptions about legitimacy of legal system Positive perceptions about legitimacy of legal system were associated with lower rates of delinquent were associated with lower rates of delinquent behaviorbehavior

Children who attended hearings feltChildren who attended hearings felt They were given a chance to tell their side of thingsThey were given a chance to tell their side of things The judge listened to them when they talked in courtThe judge listened to them when they talked in court They were treated fairly during the hearings They were treated fairly during the hearings Their GAL and their case worker did a good job telling the judge Their GAL and their case worker did a good job telling the judge

about their situationabout their situation Trust in the judge to do what’s best for themTrust in the judge to do what’s best for them Felt nervous about hearings but not upset in court and felt Felt nervous about hearings but not upset in court and felt

comfortable answering judge’s questionscomfortable answering judge’s questions Children who did not attend hearings reported Children who did not attend hearings reported

Lower ratings about whether they were given a chance to tell Lower ratings about whether they were given a chance to tell their attorney GAL about their situationtheir attorney GAL about their situation

Less positive perceptions about whether the judge knew enough Less positive perceptions about whether the judge knew enough to make the right decisionto make the right decision

Less confidence about whether someone at the hearing told the Less confidence about whether someone at the hearing told the judge what they thinkjudge what they think

Less positive perceptions about whether their perspectives are Less positive perceptions about whether their perspectives are valuedvalued

ResourcesResources American Bar Association Bar-Youth American Bar Association Bar-Youth

Empowerment ProjectEmpowerment Projectwww.abanet.org/child/empowermentwww.abanet.org/child/empowerment

Judicial BenchcardsJudicial Benchcards Older Youth Court HandbookOlder Youth Court Handbook Top 10 Concerns and SolutionsTop 10 Concerns and Solutions Legal Ethics of Youth Involvement in CourtLegal Ethics of Youth Involvement in Court Judicial Considerations around Fostering Judicial Considerations around Fostering

Connections Act (Available March 2011)Connections Act (Available March 2011)

Improving Outcomes for Older YouthImproving Outcomes for Older Youth http://www.nrcys.ou.edu/yd/http://www.nrcys.ou.edu/yd/

Sample Transition Sample Transition Planning QuestionsPlanning Questions

Permanent ConnectionsPermanent Connections Where do you go for holidays? Who do you call for support, help, advice and in Where do you go for holidays? Who do you call for support, help, advice and in

emergencies? Will those people be available after you transition out of foster care?emergencies? Will those people be available after you transition out of foster care? Do you keep in touch with family (parents, siblings, other relatives)? Do you know Do you keep in touch with family (parents, siblings, other relatives)? Do you know

how to get in touch with them?how to get in touch with them? Who will you contact after you transition out of foster care if you have any Who will you contact after you transition out of foster care if you have any

questions health, school, housing?questions health, school, housing?

General questions about transition planGeneral questions about transition plan Did you work with your social work on writing the transition plan? What do you like Did you work with your social work on writing the transition plan? What do you like

most about your transition plan? What do you like least? Is there anything you most about your transition plan? What do you like least? Is there anything you don’t understand about it?don’t understand about it?

Specific questions about the required topicsSpecific questions about the required topics Who is your doctor? Do you know whether you can continue with this doctor after Who is your doctor? Do you know whether you can continue with this doctor after

foster care terminates? If not, who will your doctor be? Doctor = general doc, foster care terminates? If not, who will your doctor be? Doctor = general doc, ob/gyn, psychiatrist, etcob/gyn, psychiatrist, etc

Do you have an understanding about the importance of having a health care power Do you have an understanding about the importance of having a health care power of attorney or health care proxy to make health care decisions on your behalf? of attorney or health care proxy to make health care decisions on your behalf?

Has someone at the agency talked to you about this?Has someone at the agency talked to you about this? Do you know the process for reapplying for Medicaid if necessary?Do you know the process for reapplying for Medicaid if necessary? Where do you live? Are you going to live there after the case closes? If not, where Where do you live? Are you going to live there after the case closes? If not, where

are you going to live? Do you have information on landlord/tenant rights? Where are you going to live? Do you have information on landlord/tenant rights? Where should you go to get that information?should you go to get that information?

Do you have a job? Will that job continue after you transition out Do you have a job? Will that job continue after you transition out of foster care? of foster care?

Are you in school? What is your plan for future education?Are you in school? What is your plan for future education? What is the plan for post-secondary education or training? What is the plan for post-secondary education or training? What are the supports in place to assist you with continued What are the supports in place to assist you with continued

educational success? educational success? What assistance has the young adult received to prepare for and What assistance has the young adult received to prepare for and

apply to post-secondary education or training, including assistance apply to post-secondary education or training, including assistance with financial aid applications? with financial aid applications?

Have you accessed Chafee services and Education and Training Have you accessed Chafee services and Education and Training Vouchers (ETVs)?Vouchers (ETVs)?

Are you eligible for other scholarships or financial assistance programs Are you eligible for other scholarships or financial assistance programs targeted at youth in foster care including available state tuition targeted at youth in foster care including available state tuition assistance programs? assistance programs?

Do you know how to get access to your medical records or health Do you know how to get access to your medical records or health passport?passport?

Do you have a dentist? Can you keep that dentist after you age Do you have a dentist? Can you keep that dentist after you age out of foster care?out of foster care?

Do you have health insurance for when you transition? Do you have health insurance for when you transition? Does the youth/young adult have an understanding of the basic Does the youth/young adult have an understanding of the basic

governmental, community and housing services available to them governmental, community and housing services available to them after discharge?after discharge?

What aftercare services will be provided by the state? What aftercare services will be provided by the state? Is there anything else you need assistance with?Is there anything else you need assistance with?

Kristin KellyKristin KellyStaff AttorneyStaff Attorney

ABA Center on Children and the LawABA Center on Children and the LawBar-Youth Empowerment ProjectBar-Youth Empowerment Project

202-662-1733202-662-1733Kristin.Kelly@AmericanBar.orgKristin.Kelly@AmericanBar.org

www.abanet.org/child/empowermentwww.abanet.org/child/empowerment