we are why court’s in session, we need to be there! (youth

ALL RISE! We Are Why Court’s in Session, We Need to be There!
(Youth SHINE Urges - Judges Agree)
FloridasChildrenFirst.org FloridaYouthSHINE.org
MODERATOR: Robin Rosenberg, Florida’s Children First
PANELISTS: Maria Basta, Florida Youth SHINE Judge Alberto Ribas Magistrate Nancy Wilkov Selena Young, Florida Youth SHINE
All Rise! We are Why Court’s in Session, We Need to Be there! (Youth SHINE Urges – Judges Agree)
Materials
Page
ACYF-CB-IM-19-03 Engaging, empowering, and utilizing family and youth voice in all aspects of child welfare.
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II. Judicial Bench Cards- Engaging Youth in Courtrooms (American Bar Assoc.)
Older Youth (15-18) 18 Adolescents (12-15) 20 School-Age (5-11) 22 Toddler (3-5) 24 Young Children (Birth-3) 26
III. Documents for Youth
Youth in Court Fact Sheet 27 Hearing Your Voice – Guide to Your Dependency Court 29 Hearing (ABA, FCF) What’s Happening in Dependency Court (Office of State Courts Admin.) 51 Dependency Comic Book (Office of State Courts Admin.) 68
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How Adolescent Brain Science Supports Youth Engagement in Court Hearings and Case Planning
This guide provides: a basic framework of adolescent brain science, a legal overview of laws relating to youth engagement in case planning and court
hearings, and tips for attorneys and judges to engage youth and support their positive development.
Adolescent Brain Science Overview The Road to Adulthood: Aligning Child Welfare Practice with Adolescent Brain Development, published by the Jim Casey Youth Opportunities Initiative of the Annie E. Casey Foundation, outlines the significant shift in brain development science. It builds on the findings of a previous Jim Casey Youth Opportunities Initiative report, The Adolescent Brain. Building on the previous belief that most brain development happens before age six, science now shows that in addition to the 0-6 period of development there is another equally significant window of brain development during adolescence. This creates an opportunity to support healthy brain development and prepare adolescents for adulthood.
Federal and state laws increasingly support meaningfully engaging youth in foster care in their case planning and court hearings. This
shift over the last decade is largely because of advocacy by youth with lived experience in foster care. Our understanding of adolescent brain development and its relationship to engaging youth in court is also more clearly developed. Adolescent brain science confirms that meaningfully engaging youth in their case planning and court hearings is critical for the child welfare case and, more importantly, for their healthy growth and development.
RESOURCE
Video: Promoting Brain Gains for Youth Emerging From Foster Care For a look at how life opportunities help shape healthy adolescent brain development and how these opportunities can be compromised for youth in the child welfare system, watch this short video by the Annie E. Casey Foundation.
The Science Adolescent brains are malleable. Through brain processes such as thinking, planning, learning, and acting, adolescents and caring adults in their lives have the ability to mold their brains. This ability, known as neuroplasticity, allows adolescents’ brains to grow, and even heal from earlier traumas, through experiences such as trying new things, making decisions, learning, and making memories.
The Three “Rs”1 The Road to Adulthood summarizes three major aspects of the brain that are especially active and rapidly changing during adolescence, referred to by Dr. Laurence Steinberg as the “3 Rs”: regulation, relationships, and rewards. The “3 Rs” provide a framework for understanding: how adolescent brain development relates to meaningful youth engagement in case planning and court hearings, and how to best support and advocate for adolescents.
Regulation: “Neurological research shows us that young people can evaluate risks as well as adults; however, the intensity of dopamine—the pleasure chemical—flooding the brains can easily outweigh consideration of potential negative outcomes. Adolescent brains rely heavily on the emotional center of the brain for decision making, so teens are more likely to engage in risky behavior. However, as adolescents grow into adulthood, their brains begin to shift from the emotional to the prefrontal cortex—responsible for regulating impulses, critical thinking and planning. This means they take context, experience and future implications into account more when making decisions.”2 Positive experiences during adolescence can “fortify healthy neural connections, develop executive function and stimulate learning and healing.”’3
Practical significance: In foster care, adolescents often face stressful situations resulting in time-pressured decisions. While many adolescents make mature decisions when they have ample time to consult others and return to a calm state (cold cognition), they are also vulnerable to making decisions based on emotional arousal or peer pressure (hot cognition). Examples of hot cognition situations include experiencing abrupt changes in housing, facing discrimination, getting in trouble with peers, and feeling blamed. Court hearings present a “hot cognition” situation if the youth is not prepared or given adequate time to process a judge’s decisions.
For a child who has experienced trauma, adequate time for thoughtful decision making and positive experiences that contradict the child’s negative expectations are critical to helping the brain readjust.
Court hearings and case-planning meetings that offer positive experiences and meaningful engagement provide valuable opportunities to support adolescent brain development and growth.
Relationships: During adolescence, young people experience heightened arousal in the brain regions that are sensitive to social acceptance and rejection. Adolescents are particularly attuned to emotional cues such as facial expressions. Research shows adolescents learn more when they are with their friends and peers. Peer influences can help young people grow together in a nurturing, positive environment.
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Participating in extracurricular activities, social events, and other normalizing activities are critical to supporting these peer relationships.
Promoting visitation and positive interactions with siblings and family members is also important.
Rewards: “Adolescents are more receptive to reward-based learning than punishment-based learning. Rewards extend beyond gold stars and the promise of a new toy. Things such as peer approval, acceptance, and praise trigger a flood of dopamine into the brain, reinforcing actions and behavior.”4
Practical significance: Attorneys for youth in foster care can provide a variety of rewards to adolescent clients to encourage good decision making and meaningful participation in case planning and court hearings.
In addition to sincere praise and compliments for their participation, rewards may include helping them advocate for increased independence or other experiences adolescents crave, such as visiting new places, going to places alone, and learning to drive.
Attorneys can also help advocate for rewards for good decision making and behavior, such as tangible items like gift cards, clothes, or other items. Adolescent brain science makes clear that reward-based learning is more effective than punishment-based learning.
Authentic Engagement: A Legal Overview Several laws, including most recently the Family First Prevention Services Act and the Strengthening Families Act, directly reference the need to involve youth in case planning and court hearings. Attorneys for adolescents in foster care should use these laws to guide their advocacy in court and increase youth engagement. Specifically, under federal law:
Permanency/transition planning. The court should consult with the child in an age-appropriate manner about proposed permanency and transition plans. 42 U.S.C.A. § 675(5) (C)(iii).
Case planning. Beginning at age 14, the child welfare agency must document that the youth is consulted when developing the case plan. 42 U.S.C.A. § 675(5)(C)(iv).
Support people. Beginning at age 14, the youth must be allowed to involve two individuals in case planning who are not a foster parent or part of the casework staff. One of these individuals may be an advocate on normalcy issues. 42 U.S.C. § 675(5)(C)(iv).
List of rights. Beginning at age 14, youth must be provided a list of their rights as part of the case-planning process. The list of rights must be part of the case plan and should address “education, health, visitation, and court participation,” the right to discharge documents, and to “stay safe and avoid exploitation.” The case plan must include a signed acknowledgement that the list of rights has been received and “explained to the child in an age-appropriate way.” 42 U.S.C.A. § 675a(b)(1) & (b)(2).
RESOURCE
For more information on laws that support engaging youth in case planning and court hearings, see:
Quick Reference Guide: Federal Laws Supporting Youth in Foster Care Transitioning to Adulthood
Issue Brief: The Role of the Court in Implementing the Older Youth Provisions of the Strengthening Families Act
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Tips for Attorneys on Ensuring Meaningful Engagement How can attorneys ensure youths’ involvement in case planning and court hearings is meaningful and supports adolescent brain development?
Consider the 3 Rs when interacting with and advocating for youth. The “3 Rs Framework” referenced above gives us tools to ensure court hearings and case-planning meetings are empowering and engaging for adolescents.
Regulation: Based on our understanding of adolescent brain science, we know that ade- quately preparing adolescents is key to helping them make sound decisions. They must have adequate time, opportunities to consult others, and not be emotionally aroused.
Relationships: Given the importance of social acceptance and rejection during adolescence, it is essential that court hearings and case-planning meetings are sensitive to adolescents’ needs. Having a “support person,” mentor, or friend might help. Of course, having a positive relationship with an attorney can help the adolescent feel supported, not judged. Attorneys should be careful to align themselves as professional allies, who are there to support the adolescents not reprimand them. Given the importance of relationships for adolescents, attorneys should consistently ask about peers and relationships, so they can advocate to support positive, normalizing interactions.
Rewards: Adolescents are far more receptive to rewards than punishment. Unfortunately, too often youth in foster care are punished for typical adolescent behavior. Despite the increasing focus on “normalcy” for adolescents in foster care, attorneys must be vigilant to focus on reward-based learning and advocate opportunities to make mistakes without punishment. If and when adolescents make mistakes, attorneys must advocate that they are not punished differently than their non-foster care peers. Adolescents in foster care must be allowed to make mistakes without risk of losing living placements or being denied opportunities to learn from their mistakes. One way to support this is for attorneys to help adolescents participate in normalizing activities like extracurriculars, sleepovers, driving a car, and attending parties. Another good strategy to prevent youth in foster care from being unevenly or unfairly disci- plined for typical adolescent behavior is to “think about how you would handle this if it were your own child?”
Consider adolescent brain science when engaging youth in court and case planning. Attorneys must work before, during, and after a court hearing or case-planning meeting to meaningfully involve youth and align decisions with adolescent brain science.
Before the Court Hearing or Case-Planning Meeting Prepare the adolescent. Steps to take:
Explain the youth’s options and invite questions: Before making any decisions, the attorney should ensure the youth fully understands his or her choices. Too often, youth are not aware of available options, and adults may assume what the youth wants
RESOURCE
Federal law recognizes the need for children in foster care to join regular childhood activities to promote their healthy development. For more information and practical guidance on ensuring normalcy activities for children in foster care, see:
“Judicial Approaches to Promoting Normalcy for Children in Foster Care” “The Reasonable and Prudent Parent Standard”
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without asking and re-asking. Attorneys must offer several opportunities for the youth to ask questions, think things over, and understand what to expect. For example, an attorney for a youth who is deciding whether to be adopted should explain the legal significance of the decision and the possible outcomes multiple times, not just before important court hearings.
Explain court hearing basics: Seemingly basic information, like what to bring to court, what to wear, who will attend and their roles, and how long the court hearing will take, are important to explain so the youth can prepare and visualize the experience ahead of time.
Help the youth prepare for court participation in advance: Attorneys must also work with youth to think about what they want to share in court and how. Some youth may prefer to speak openly, while others may prefer a smaller meeting with the judge. Some might prefer to write a letter, or have an attorney speak on their behalf. The most important thing an attorney can do is prepare ahead of time, and with full transparency, so youth feel supported and like equal partners in the process. Youth must feel empowered to decide what to share, what to request, and the most comfortable way to do so. Doing this long before the court hearing gives youth the chance to think things over and ask questions before the heightened emotional time of hearings. Working with youth to write an outline of thoughts or questions helps them organize and prepare in advance.
Make youth feel comfortable: Attorneys should also prepare youth for court in a comfortable place, where they can share freely and not be emotionally aroused. As one adult with experience in foster care shared, “My attorney didn’t try to talk to me about serious things at my group home. Instead, she would meet me at Starbucks where I felt safe and normal.”
Prepare adults in the youth’s life. Educate and discuss adults about adolescent brain science. In addition to preparing the
client for court, attorneys for youth in foster care should also educate and discuss adolescent brain science with adults who play a role in the youth’s life, such as parents, judges, caseworkers, foster parents, and educators. Attorneys should also be proactive about communicating with other adults in the youth’s life.
During the Court Hearing or Case-Planning Meeting Ensure the youth feels heard and understood. Youth must have opportunities to communicate directly and ask questions, particularly if they do not understand something.
RESOURCE
Youth in Court Resources The following written materials offer guidance and insights on engaging youth in court.
Articles “With Me, Not Without Me: How to Involve Children in Court” “Seen and Heard: Involving Children in Dependency Court” “Seen, Heard and Engaged: Children in Dependency Court Proceedings”
Research & Tools Youth in Court State-by-State Summary New Jersey Youth Engagement Pilot: Summary Report
For more resources, visit the ABA Center on Children and the Law’s Youth Engagement Project website.
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Attorneys and judges should avoid legal jargon or acronyms, and make sure questions are not abstract. An example of an abstract question is “How well do you get along with your family?” compared to the more direct, “Do you see your mom and dad? What things do you like to do with them? Do you wish you could see them more?”5 For all children, but particularly adolescents, attorneys and judges should publicly praise accomplishments, and offer opportunities for the court to hear about the youth’s needs, interests, and goals.
After the Court Hearing Review and plan next steps with the adolescent. At the end of each hearing, attorneys working with adolescents should:
Ensure the youth understands what was ordered and why. Offer the opportunity to ask questions, then check in later for additional questions or clarifications.
Set aside time to meet with the youth to help them process what happened in court and their emotions.
Check in between hearings to see how the youth is managing challenges resulting from court orders or changes in circumstances. Ask the youth about goals and set a timeline for completing them before the next court hearing.
Encourage the youth to attend the next hearing. Consult with the youth when setting the time for the next hearing. Tell the youth what steps must be taken before the next hearing.
Conclusion Meaningfully engaging youth in court hearings and case planning is not a new concept. Advocacy over the last decade is resulting in changes to federal law that specifically support engaging adolescents in foster care. A growing body of scientific research on adolescent brain development is also informing legal advocacy and decision making on behalf of youth in foster care. Youth and young adults with lived experience in foster care have been telling us what works, and what doesn’t. While the child welfare and court systems are working hard to better engage and empower adolescents, many changes are still needed. Attorneys and judges can make a significant impact, and work as partners with adolescents in care to support their successful transitions to adulthood. Endnotes 1. This section is drawn largely from: Annie E. Casey Foundation. The Road to Adulthood: Aligning Child Welfare Practice with Adolescent Brain Development, July 22, 2017, 10-11. 2. Ibid. 3. Ibid. 4. Ibid. 5. For more information about questioning children, see Anne Graffam Walker, Handbook on Questioning Children: A Linguistic Perspective, 3d ed., ABA Center on Children and the Law, 2013.
© Copyright 2019, American Bar Association. All rights reserved. This guide was produced by the ABA Center on Children and the Law, Youth Engagement Project, Washington, DC, www.americanbar.org/child. It was funded by the Annie E. Casey Foundation’s Jim Casey Youth Opportunities Initiative. We thank them for their support but acknowledge that the findings and conclusions presented in this guide are those of the author(s) alone, and do not necessarily reflect the opinions of the Foundation. Images by Shutterstock. Icons by Freepik from www.flaticon.com.
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Adolescent Brain Science in Practice The following resources offer guidance on applying adolescent brain science when engaging youth in court and case planning.
Adolescent Brain Science Case Scenarios Brain Frames: How Attorneys Can Engage Youth in Case Planning and Court Hearings
Administration for Children and Families
1. Log No: ACYF-CB-IM-19-03 2. Issuance Date: August 1, 2019
3. Originating Offices: Children’s Bureau
4. Key Words: Family, Children and Youth Voice, Engagement, and Empowerment; Continuous Quality Improvement; System-Change Efforts
TO: State, Tribal and Territorial Agencies Administering or Supervising the Administration of Titles IV-B and IV-E of the Social Security Act; State and Tribal Courts and Court Improvement Programs; Community-Based Child Abuse Prevention lead agency and other prevention partners; and Children’s Justice Act grantees. SUBJECT: Engaging, empowering, and utilizing family and youth voice in all aspects of child welfare to drive case planning and system improvement.
LEGAL AND RELATED: Titles IV-E and IV-B of the Social Security Act (the Act); and Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351).
PURPOSE: The purpose of this Information Memorandum (IM) is to demonstrate that family and youth voice are critical to a well-functioning child welfare system and to strongly encourage all public child welfare agencies, dependency courts, and Court Improvement Programs to work together to ensure that family and youth voice are central in child welfare program planning and improvement efforts.
BACKGROUND:
Reshaping Child Welfare in the United States to Focus on Strengthening Families Through
Primary Prevention of Child Maltreatment The Children’s Bureau (CB) is actively promoting a vision for child welfare in the United States that focuses on strengthening families through primary prevention of child maltreatment. The vision is to create the conditions for strong, thriving families and communities where children are free from harm. We have made a call to action for states and tribes to act on this vision to prevent child maltreatment and the unnecessary removal of children from their homes.1 Coordinated and robust efforts are critically important to strengthening families and preventing both the initial occurrence of child abuse and neglect and ongoing maltreatment; preventing unnecessary family disruption; reducing family and child trauma; interrupting intergenerational cycles of maltreatment; and building a child welfare system that aligns with these goals. 1 See, for instance, Information Memorandum ACYF-CB-IM-18-05.
To achieve this vision we must (1) recognize that all within the child welfare system have an important role to play across the prevention continuum, (2) improve child welfare practice, and (3) maximize all available tools and resources to integrate family and youth voice into the design and operation of the child welfare system. For the past two years, CB leadership has been regularly meeting and speaking with parents and youth who are in or have been in the child welfare system. We have asked families and youth to describe their experiences with the child welfare system. While some families and youth provide positive reports of their interaction with the child welfare system, more typically, the words they use include, for example, overwhelmed, confused, voiceless, judged, ashamed, angry and sad. These words are consistent with findings from stakeholder interviews through Round 3 of the Child and Family Services Reviews.2 Such words should serve as a wakeup call to the child welfare community and provide the impetus for collective action to change the way families and youth experience the child welfare system. It is absolutely critical to strengthen our efforts to listen to the families and youth served by the system and integrate their voices into all aspects of child welfare planning and improvement. Effectively integrating family and youth voice into child welfare practice can help: Prevent the initial occurrence of maltreatment and involvement in the child welfare system
by ensuring that community resources are aligned with what families and youth tell us they need;
Prevent unnecessary parent child separation; Enhance the engagement of parents and youth in case planning and service delivery; Identify family and kinship resources when out of home placement is necessary; Empower families and youth involved with the system to determine service needs to expedite
reunification or other permanent, family based solutions; Empower caregivers to operate in the best interest of the family and youth by using their
voices and expertise as advocates for the family and child; Ensure child welfare services build strength and resilience in families and youth and connect
them to their communities and the supports they need. The CB urges all child welfare professionals, from investigators and caseworkers to judges and attorneys, to identify actions that can be put into place to strengthen the role of family and youth voice.
Family and Youth Voice, Engagement, and Empowerment Defined
Our references to family and youth voice refer to giving families and youth the opportunity to be heard and to use their input in making critical decisions that affect their lives. It also refers to soliciting and using the perceptions, experiences, and recommendations of families and youth in 2 The Focus on Youth CFSR Findings: 2015-2017 report presents results from the Child and Family Services Reviews related to older youth (aged 16–17) in foster care for the 38 states reviewed during the first 3 years of Round 3.
child welfare to make system-level improvements. An effective, transformational system of engaging, empowering, and utilizing family and youth voice must ensure that engagement occurs at multiple levels. For more information on terms and concepts used in this IM, please see Attachment A. Utilizing and integrating family and youth voice in all aspects of child welfare decision-making is a strength-based approach to working with families and youth that can increase engagement and empower families and youth. It is also a straightforward way to demonstrate respect. Ensuring family and youth voice further recognizes that families and youth are the experts on their circumstances and are the individuals most knowledgeable about solutions that will benefit them. A child welfare system that is designed to respect and strengthen families and communities must do more than respond to incidences of maltreatment. It must also be designed to promote family integrity, self-sufficiency and the personal agency of families and youth. The goals of a reimagined child welfare system are to reduce the need for formal interventions in the lives of families by preventing the trauma of maltreatment and removal of children from their families. In order to accomplish these goals, we must understand what families need to remain strong and healthy. Families and youth are our best sources of information about the strengths and needs of their families and communities, yet, historically, we make decisions and plans in the absence of their input. Moreover, where input is sought, it may not receive meaningful consideration. We often make assumptions as a field that solutions reside in services and programs only, especially those with an evidence base. This may be true in some situations, but many other families may need something much more basic, such as concrete supports in a time of need. Long-standing family teaming models in the field have demonstrated that shared decision- making and planning approaches increase engagement by directly involving families and youth in discussions about their family’s strengths, resources and needs, and identifying solutions Family and youth voice and choice encourage investment on the part of families and youth to take advantage of needed services and supports. Such approaches recognize personal dignity and increase opportunity to build relationships of trust between youth, families, and the professionals that serve them. A key principle of child welfare practice is creating a helping relationship with those we serve. By empowering families and youth to make critical decisions in their lives, and supporting child welfare professionals to honor those decisions and assist with achieving them, we are investing in the long-term protective capacities of families and youth and protective factors within communities. As professionals partner with families and youth in making sound decisions and accessing services and supports, they help to build the family’s capacity to recognize their needs and access appropriate supports once child welfare is no longer involved.
Benefits from Youth/ Young Adult Voice, Engagement, and Empowerment
Youth voice has additional tangible benefits for youth and young adults. Youth voice and choice are critical functions in supporting adolescent brain development.3 For example, youth voice, 3 Jim Casey Youth Opportunity Initiative (2011). The Adolescent Brain: New Research and Its Implications for Young People Transitioning From Foster Care.
when paired with Positive Youth Development,4 allows youth to practice critical developmental tasks such as the ability to envision the future, create, plan, and lead tasks -- all skills to be practiced in the transition to adulthood.5 Youth voice and engagement in planning and decision- making are widely regarded as best practices in meeting the developmental needs of young people in foster care. In addition to supporting brain development, encouraging young people to be active participants in planning their own lives supports development of leadership skills, improves self-esteem, and helps form critical social connections. Critical to the promoting and supporting youth voice is the use of “youth-adult partnership” where adults support youth. Federal Requirements and Opportunities that Support Family and Youth Voice
Federal child welfare law and regulation require states and tribes to involve families, children and youth in their planning and implementation of services. While many of the requirements for collaboration and seeking input are tied to specific processes in the child welfare system, meaningful involvement and engagement should be ongoing and embedded in all aspects of our work from individual case planning to system-level improvement. There are two main requirements for involving families and youth in service planning and evaluating the functioning of the child welfare system, as outlined below. Child and Family Services Plans/ Annual Progress and Services Report States and tribes participating in the title IV-B and/or the John H. Chafee Foster Care Program for Successful Transition to Adulthood (the Chafee programs) are required to develop a Child and Family Services Plan (CFSP),6 a five-year strategic plan that sets the vision and the goals to be accomplished to strengthen their child welfare systems.7 After submitting the five-year CFSP, states and tribes are required to submit annual updates, called the Annual Progress and Services Report (APSR). Federal regulations require states and tribes to engage in substantial, ongoing, and meaningful consultation and collaboration with families, children and youth as they develop these plans and reports, and assess progress in meeting goals and objectives (45 CFR 1357.15 and 1357.16). The CFSP/ APSR process offers an opportunity over the five years for ongoing engagement and transparency in the child welfare system as it seeks to achieve its goals. Child and Family Services Reviews We designed the Child and Family Services Review (CFSR) process to provide federal oversight of states’ compliance with titles IV-B and IV-E plan requirements and to strengthen child welfare programs for improved child and family outcomes. The third round of the CFSR concluded in FY 2018 (Round 3) and all states were required to involve stakeholders other than the title IV-B/IV-E agency in the CFSR review. Just as federal law requires states and tribes to involve families, children and youth in individual and system-level case planning (described 4 Positive Youth Development is “an intentional, prosocial approach that engages youth within their communities, schools, organizations, peer groups, and families in a manner that is productive and constructive; recognizes, utilizes, and enhances young people’s strengths; and promotes positive outcomes for young people by providing opportunities, fostering positive relationships, and furnishing the support needed to build on their leadership strengths” (Interagency Working Group on Youth Programs). 5 For more information, see Jim Casey Youth Opportunity Initiative (2011). The Adolescent Brain: New Research and Its Implications for Young People Transitioning From Foster Care. 6 The deadline to submit the CFSP for fiscal years 2020 to 2024 was June 30, 2019. Please see the state or tribal Program Instruction for more information. 7 See section 432(a)(2) of the Act.
below), CFSR reviewers interview families and youth in order to understand their perspectives on the case-level outcomes and practices and on how well the system is functioning as a whole. As states enter into Program Improvement Plans (PIP) to address areas needing improvement, states engage again with stakeholders, ideally including families and youth, to identify improvement strategies. For more detailed information on areas of family and youth involvement in the CFSR process, see Attachment B. Title IV-E Reimbursement for Legal Services for Parents, Children and Youth
In addition to the CFSP/ APSR and CFSR processes, for those families and youth who are court- involved, high quality legal representation and services that benefit the parents, children and youth are critical to supporting family and youth voice. In December of 2018, CB revised policy to allow the title IV-E agency to claim title IV-E administrative costs of independent legal representation by an attorney for a child who is a candidate for title IV-E foster care or in foster care, and his/her parents to prepare for and participate in court proceedings. This change in policy will help ensure that, among other things, reasonable efforts are made to prevent removal and finalize the permanency plan, parents and youth are engaged in and understand their case plan, and compliance with case plans progress is appropriately reported.8 Case Planning/ Permanency Plan (sections 471(a)(16), 475(1)(B) and 475(5) of the Act)
For youth, there are other specific federal requirements for child welfare agencies to involve them in their case planning. For youth ages 14 or older,9 the case plan, and any revisions to the case plan must be developed in consultation with the youth. Furthermore, at their option, youth may select two members (who are not their foster parent or caseworker) to be a part of the case planning team.10 This requirement recognizes the importance of youth voice and the role supportive adults can play in assisting youth to advocate for themselves and obtain services. For youth ages 14 and older, the case plan must contain a written description of the programs and services that will help the youth prepare for the transition from foster care to a successful adulthood (section 475(1)(D) of the Act). The requirement is part of the case plan and therefore, the agency consults with the youth and other supportive adults on the case planning team in determining the services. Federal law (section 475(5)(C)(iii) of the Act) also requires procedural safeguards to ensure that in any permanency hearing or hearing regarding the transition of a child from foster care to a successful adulthood, the court or administrative body conducting the hearing consults with the child in an age-appropriate manner regarding the permanency or transition plan. Effective case planning and case review involves preparing the youth for the process and supporting a neutral process that holds adult team members accountable to following up on agreed upon requests. 8 The statute at section 474(a)(3) of the Act and regulations at 45 CFR 1356.60(c) specify that Federal financial participation (FFP) is available at the rate of 50% for administrative expenditures necessary for the proper and efficient administration of the title IV-E plan. The title IV-E agency’s representation in judicial determinations continues to be an allowable administrative cost. Previous policy prohibited the agency from claiming title IV-E administrative costs for legal services provided by an attorney representing a child or parent. See CWPM Q/A 8.1B #30 for more information. 9 While the requirement applies to youth ages 14 and older, all children can be involved in the development of their case plan. We encourage child welfare agencies to involve all children in their case planning in a developmentally appropriate manner. 10 The statute also specifies that the State agency may reject an individual selected by a child to be a member of the case planning team at any time if the State has good cause to believe that the individual would not act in the best interests of the child.
Transition Planning (section 475(5)(H) of the Act)
The Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) amended title IV-E to create a requirement for child welfare agencies to develop a transition plan during the 90-day period before the youth attains age 18 (or later if the state has federally extended foster care). The transition plan must be personalized at the direction of the youth and include specific options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, workforce supports, employment services, and the importance of designating a health care proxy (section 475(5)(H) of the Act). Call to Action to Integrate Family and Youth Voice into Child Welfare Processes
CB leadership has spent a significant amount of time in the field speaking with parents and youth with lived experience in the child welfare system. CB also participated in numerous conversations with states, counties, constituency groups and programs to understand their work, strategies and the outcomes they are achieving. The purpose of these efforts has been to learn how parents and youth believe the child welfare system can be improved to be more inclusive of their wishes, responsive to their feedback, and involved in program planning and improvement.11 The following principles have emerged as critical to increase the prominence and impact of family and youth voice in the child welfare system. When reviewing the principles below, we ask that agencies conduct an internal/ external assessment on how well they have implemented the following principles or the steps needed to implement.
Prioritize Family and Youth Voice. It is critical for all agencies, organizations and providers that work with families and youth across the public and private sectors to explicitly commit to listening to parents and youth and acting on the knowledge and information parents and youth with lived experience offer. Leaders in child welfare from agencies, courts, advocacy groups and others should regularly meet with families and youth; visit children and youth, and caregivers; attend court; and listen to child welfare professionals about family and youth service needs. Hiring family members and youth with lived experience into leadership positions at the agency, county, and state level is an important way to ensure a representative12 voice in every aspect of the child welfare system. If there are not formal processes or structures for families and youth to provide input and feedback at various levels of the child welfare system, creating those forums should be a priority.
11 We would like to thank the countless individuals who trusted CB with their thoughts, stories, experiences, and recommendations to improve the child welfare system. Without their voices, this IM would not be possible. We would also like to thank following agencies and organizations for sharing their insight as they work to fundamentally change child welfare to ensure all families and youth are engaged, empowered, and their voices utilized including: the child waiver demonstration projects in Kentucky and Oregon; Colorado’s Youth At-Risk of Homelessness discretionary youth work (90CA1836); Jim Casey’s Youth Opportunities Initiative; FosterClub; and the National Youth in Transition Database Young Adult Reviewer Program. 12 A “representative voice” is one where families and youth with lived experience are not expected to make recommendations solely on their experience in the child welfare system. Instead, individuals are connected to networks of individuals and groups to understand the various experiences others have had and their specific recommendations. It should be noted that these individuals are not a substitute for engagement of a larger group of individuals, but instead signify a method to ensure family and youth voice at every meeting and the ability to influence decision-making. They also provide a conduit back to family and youth stakeholder groups to communicate changes, why decisions were made, and opportunities for follow-up.
Work with Families and Youth to Co-Create a Clear Vision of Honoring Family and
Youth Voice. One powerful way to ensure that family and youth voice are central in guiding program planning and improvement is to work directly with parents, youth and caregivers to co-create a vision for how the work should be done.
Challenge the Inherent Power Dynamic between the Agency and Families. Often, when agencies seek to engage children, youth and families, it is without acknowledging the power dynamic between the agency and those who are experiencing the child welfare system. We should recognize the implicit biases13 that may exist within the child welfare system that may stand in the way of full family and youth engagement. Without addressing such biases, it is difficult to change the culture or system to allow for family and youth voice to be heard and honored. While trying to make decisions in the best interests of those involved, we may inadvertently and unintentionally disempower families and youth if decisions are not made in consultation with the family or youth. When the courts are involved, the disempowerment may be magnified.
Change the Words We Use to Describe Parents, Youth and Caregivers. We should acknowledge and be mindful that the words we use to describe parents, youth and caregivers carry connotations and can either support or disempower parents and youth. For example, using terms such as: child/ youth (instead of foster child/ foster youth); parent (instead of birth parent); resource family (instead of foster parent/foster family); family or youth (instead of client or consumer); and family (instead of case) can ensure that we humanize individuals, send affirming and respectful messages, and support a strength base and family supportive system. Words can help signal respect and reinforce worth and personal dignity, or reinforce negative perceptions and feelings.
Ensure that all Parents and Youth have High Quality Legal Representation at All Stages
of Child Welfare Proceedings. High quality legal representation is a powerful tool for parent and youth voice.14 Attorneys that directly represent the expressed interest of their families and children have the ability to file petitions to access court processes at any point where a parent or youth has a concern or need that is unaddressed. For very young children, best interest attorneys may similarly file motions to promote a child’s well- being.
High quality legal representation requires that attorneys spend time with the individuals they represent outside of court to understand their strengths, needs and resources. It requires attorneys to work with parents and youth to identify and advocate for services
13 Each system should engage in intentional conversations about the inherent biases in their system held by caseworkers, supervisors, the courts, and others (including families and youth). The following is a sample of common biases regarding families: individuals can’t or won’t change; if families truly loved their children they would make different choices; parents must “prove” themselves before reunification; visitation with children should be a reward for case plan compliance; foster parents provide better; parents should be silent in court; and children are better off with their mothers than fathers. Common biases about youth include: evaluating youth as “doing okay” or are “making poor decisions” based on a set of external behaviors; the youth’s behavior determines the opportunities or services they get; adults know better what youth should do; youth shouldn’t remain in contact with their biological families because they are a bad influence; youth are destined to recreate the family situation they’ve experienced; young parents can’t provide for their children; and after age 18 youth don’t need support and should learn how to do it themselves. 14 See ACF-ACYF-CB-IM-17-02 for more information.
and supports and to ensure that parents and youth understand their rights and the complicated processes that directly affect their lives and well-being. Legal representation is also associated with increased parent and youth engagement, increased feelings of fairness in court proceedings, expedited reunification, and more detailed and specific case plans that outline responsibilities for all parties. Attorneys can also provide legal services to remove obstacles for families and youth that may leave them more vulnerable of entering the child welfare system, such as housing, educational advocacy, employment, paternity and other civil legal issues.
Invest in Peer-led and Supported Services. People who have previously received services and supports provided by the child welfare agency can be a powerful resource for families currently going through the process. Programs such as parent partners15,16 and youth advocates17 provide mechanisms to prepare and support family and youth voice. Families and youth may be more receptive when they are supported by those with lived experience, and peers can help to translate the child welfare system. Hearing from someone who has gone through the system and is able to share how the system affected their lives can be a powerful source of peer-to-peer support. It can help parents and youth better understand what to expect from the child welfare system and reduce the stress and anxiety of uncertainty in difficult times.
Enhance the Capacity of the Workforce to Hear and Act on Voice. Over the last few
years, child welfare agencies have used coaching of social workers and other professionals as a method to improve child welfare practice. When combined with high quality training, coaching can increase the skills needed to support family and youth voice, such as active listening and reflection. Child welfare agencies who are working to embed family and youth voice report that they have created intentional methods of coaching and feedback, including “learning communities,” to embrace and implement processes for using family and youth voice in the system. In these learning communities, social workers and other partners can process their work to ensure bias is overcome and that they are implementing the beliefs and values of the “best system.”
Establish Feedback Loops for Continuous Quality Improvement. Changing large systems relies, in part, on the ability to measure change and create a system of accountability. A critical part of any Continuous Quality Improvement (CQI) system has feedback loops as a central feature. Families and youth are increasingly asked to provide recommendations to child welfare agencies as part of system improvement work; however, it may not be as common for such groups to be told if and how that input has been used to change policy, practice, or service provision. Having a CQI process that includes systematic feedback to those providing input and direction can address this concern.
15 Parent Partners are fathers, mothers, and other adults in a parenting role with prior child welfare experience who are selected and trained to provide peer-to-peer support to parents currently involved with the system. Some programs call them parent partners, while others call them family partners, parent advocates, family allies, or parent mentors. Please see the Parent Partner Program Navigator and Parent Partner Program Manual for more information. 16 Examples of parent partner/ navigator programs include: Allegheny Family Network’s Children, Youth, And Families (CYF) Partnership (Alleghany County, PA); Iowa; Oregon; and in Washington State. 17 Youth Advocates is a term for youth/ young adults with lived experience who work with other youth involved in child welfare. Examples of Youth Programs include those in Allegheny County, PA; Alameda County, CA; and Westchester County, NY.
Inquiries To: CB Regional Program Managers /s/
Jerry Milner Acting Commissioner Administration on Children, Youth and
Families
Disclaimer: Information Memoranda (IMs) provide information or recommendations to states, Indian tribes, grantees, and others on a variety of child welfare issues. IMs do not establish requirements or supersede existing laws or official guidance.
Attachment A: Levels of Engagement Defined & Terms and Concepts
Attachment B: Family and Youth Involvement in the Child and Family Services Review Process (CFSR)
Attachment C: Regional Program Managers
Engaging Older Adolescents (ages 16+) in the courtroom
judici al b enc h c ard 1
american bar association center on children and the law bar-youth empowerment project national child welfare resource center on legal and judicial issues
Document court actions Document in the court order:
• If the youth is present, have him identify himself on the record.
• OR if the youth is not present, address the reasons why the youth is not in attendance.
• What efforts were made and the accommodations offered to encourage the youth’s attendance.
• Explore and encourage resolution of common reasons for nonattendance, including interference with the school schedule and transportation issues.
• In the absence of exceptional circumstances, postpone the hearing until the youth can be present.
• Request a current picture that will be introduced into the record.2
Communicate with the youth during the court hearing • Use age-appropriate language.3
• Talk with the youth about his interests, likes, and dislikes.
• If helpful, offer to have a conversation in chambers, making sure it complies with all procedural rules.
• Provide an age-appropriate list of legal terms to the youth before court to which he may refer during the hearing.4
• Avoid legal jargon and acronyms.
• Ask directed questions.5
• Encourage the youth to ask questions, particularly if he doesn’t understand a question or statement.
• Recognize cultural differences in language.
• Publicly praise the youth’s accomplishments.
Observe the youth’s behavior and appearance • Observe the youth’s interaction with caregivers, parents, and guardians.
• Does the youth look to them for help, support, advice, etc.?
• Observe the youth’s physical appearance and health.
• Is the youth appropriately dressed?
• Does the youth look well-nourished?
• Does the youth have appropriate personal hygiene?
Preparations for court attendance • Ensure that your courtroom is teen friendly.6
• Ensure all children are accompanied by a support person at the hearing such as the foster parents, CASA, mentor, coach, or other adult role model.
• Have the agency invite the youth to submit report cards, letters, drawings, stories, poems, or other age-appropriate materials periodically. Refer to anything previously submitted.
• Read anything that the youth gives to the court while the youth is present.
• When appropriate, ask for the youth’s input and opinions.
• Talk with the youth about permanency options.7
• Review the outcome of the hearing with the youth and answer any questions (or ensure that someone else will do so).
• Ensure the youth understands what was ordered and why.
• When appropriate, share court documents with the youth.8
• Ask the youth what he wants to accomplish before the next hearing.
• Consult with the youth and his caregiver when scheduling the next hearing so it does not interfere with the youth’s normal daily routine, including school.
• Keep a school district calendar on the bench to ensure there are no conflicts with state standardized tests.
1 This bench card was created to assist judges when a child is present in the courtroom. It does not include what information the judge should require from additional parties, such as a report from the child’s therapist about the child’s mental health status.
2 The social worker or caregiver can provide the court with a picture.
3 Older adolescents can understand more complex concepts.
4 See Andrea Khoury, With Me, Not Without Me: How to Involve Children in Court, Child Law Practice, Vol. 26, No. 9 (November 2007).
5 Where do you want to live? What do you like about your home? Do you know why you live away from home? Do you see your mom and dad? What things do you like to do with them? Do you wish you could see them more?
6 It may be necessary to address issues related to the youth’s safety at the courthouse and the appropriateness of courtroom waiting areas. Judges may find it beneficial to have age-appropriate games and books available.
7 Questions that address permanency may include: Who do you spend most of your time with? Over the holidays, who do you spend time with? Is there a relative that you are close to? Is there a close family friend that you like to spend time with? Do you know what adoption is? Do you want to be adopted?
8 Sharing court documents increases awareness and gives the youth a sense of control.
• Thank the youth for coming to court.
• Encourage the youth to attend the next hearing.
• Ask the youth whether he has any last questions, thoughts, or concerns.
Possible questions to ask the youth • Who is your favorite teacher? Why?
• Do you participate in sports or other extracurricular activities?
• Is there anyone helping you with vocational or college appli- cations?9
• When will you graduate?
• Do you have an interest in the military?
• Do you have a mentor?
• Do you have someone you can call at anytime?
• Who do you rely on if you need help?
• Do you drive?
• Do you have a job?
Copyright © 2008 American Bar Association
The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be con- strued as representing the policy of the American Bar Association, Casey Family Programs, or the Eckerd Family Foundation. Reprints encouraged with appropriate attribution. None of the reproduced material may be sold or included as part of a for-profit transac- tion. Youth illustrations and graphic design by Kimberly Ridge, Hasten Design Studio, Inc., Washington, DC.
For more information, see http://www.abanet.org/child/empowerment/home.html.
This publication was made possible in collaboration with Casey Family Programs, whose mission is to provide, improve – and ultimately prevent the need for – foster care.
9 For a more detailed list of questions to ask regarding school and related issues, see National Council of Juvenile and Family Court Judges, Asking the Right Questions: A Judicial Checklist to Ensure That the Educational Needs of Children and Youth in Foster Care Are Being Addressed (2005). Other resources to address education issues can be found at the Legal Center for Foster Care & Education website, www.abanet.org/child/education, and in the Legal Center’s recent publication, Blueprint for Change: Education Success for Children in Foster Care, available at www.abanet.org/child/education/blueprint.
Engaging Adolescents (ages 12-15) in the courtroom
j udici al b enc h c ard 1
• If the youth is present, have him identify himself on the record.
• OR if the youth is not present, address the reasons why the youth is not in attendance.
• What efforts were made and the accommodations offered to encourage the youth’s attendance.
• In the absence of exceptional circumstances, postpone the hearing until the youth can be present.
Communicate with the youth during the court hearing • Keep language simple and age appropriate.
• Talk with the youth about his interests, likes, and dislikes.
• Provide an age-appropriate list of legal terms to the child before court to which he may refer during the hearing.3
• Encourage the youth to ask questions, particularly if he doesn’t understand a question or statement.
• Avoid abstract questions.4
• Ask directed questions.5
• Publicly praise the youth’s accomplishments.
Observe the youth’s behavior and appearance • Observe the youth’s interaction with caregivers, parents, and guardians.
• Does the youth look to them for help, support, advice, etc.?
• Observe the youth’s physical appearance and health.
• Is the youth appropriately dressed?
• Does the youth look well-nourished?
• Does the youth have appropriate personal hygiene?
Preparations for court attendance • Ensure that your courtroom is teen friendly.6
• Ensure all children are accompanied by a support person at the hearing such as the foster parents, CASA, mentor, coach, or other adult role model.
• Provide the youth with a task (e.g., taking notes) during the hearing.7
• Have the agency encourage the youth to submit report cards, letters, or other age-appropriate materials periodically. Refer to anything previously submitted.
• Read anything that the youth gives to the court while the youth is present.
• When appropriate, ask for the youth’s input and opinions.
• Review the outcome of the hearing with the youth and answer any questions (or ensure that someone else will do so).
• Ensure the youth understands what was ordered and why.
• When appropriate, share court documents with the youth.8
• Ask the youth what he wants to accomplish before the next hearing.
• Consult with the youth and his caregiver when scheduling the next hearing so it does not interfere with the youth’s normal daily routine, including school.
4 An example of an abstract question is “How well do you get along with your family?”
5 Where do you want to live? What do you like about your home? Do you know why you live away from home? Do you see your mom and dad? What things do you like to do with them? Do you wish you could see them more? For more information about questioning children, see Anne Graffam Walker, Handbook on Questioning Children: A Linguistic Perspective (ABA Center on Children and the Law 2d ed. 1999).
6 It may be necessary to address issues related to the youth’s safety at the courthouse and the appropriateness of courtroom waiting areas. Judges may find it beneficial to have age-appropriate games and books available.
7 Performing the task should be presented to the youth as an option and solely for his benefit. Performing the task may help the youth to focus attention and dissipate anxiety.
8 Sharing documents increases awareness and gives the youth a sense of control.
• Thank the youth for coming to court. Reward even the smallest attempt at participation.9
• Encourage the youth to attend the next hearing.
• Ask the youth whether he has any last questions, thoughts, or concerns.
Possible questions to ask the youth • How old are you?
• What do you like (or not like) about where you are staying now?
• Do you see your mom and dad?
• Do you miss anyone? Provide options, e.g., brothers, sisters, grandparents.
• Where do you go to school?10
• What grade are you in?
• Who are some of your friends?
• What courses are you taking?
• Who is your favorite teacher?
• Do you participate in any extracurricular activities?
• Have you thought about a career or what you want to do when you finish school?
• Are you having any problems in school?
• Do you have a tutor?
• What do you do on the weekends?
9 Rewarding all attempts at participation adds to the youth’s sense of control and self-con- fidence.
10 For a more detailed list of questions to ask regarding school and related issues, see National Council of Juvenile and Family Court Judges, Asking The Right Questions: A Judicial Checklist to Ensure That The Educational Needs of Children and Youth in Foster Care Are Being Addressed (2005). Other resources to address education issues can be found at the Legal Center for Foster Care & Education website, www.abanet.org/child/education, and in the Legal Center’s recent publication, Blueprint For Change: Education Success For Children in Foster Care, available at www.abanet.org/child/education/blueprint.
Engaging School-Age Children (ages 5-11)
in the courtroom
• If the child is present, have him identify himself on the record.
• OR if the child is not present, address the reasons why the child is not in attendance.
• What efforts were made and the accommodations offered to encourage the child’s attendance.
• Depending on the situation, consider postponing the hearing until the child can be present.
Communicate with the child during the hearing • Keep language simple and age appropriate.
• Talk with the child about his interests, likes, and dislikes.
• Provide an age-appropriate list of legal terms to the child before court to which he may refer during the hearing.3
• Encourage the child to ask questions, particularly if he doesn’t understand a question or statement.
• Answer one question at a time.
• Avoid abstract questions.4 Recognize that school-age children usually answer questions literally. For example: Q: Are you in school now? A: No. The child may be referring to where she is right now (the courtroom) instead of the broader question
of whether she attends school.
• Publicly praise the child’s accomplishments.
Observe the child’s behavior and appearance • Observe the child’s interaction with caregivers, parents, and guardians.5
• Does the child look to them for help, support, advice, etc.?
• Observe the child’s physical appearance and health.
• Is the child appropriately dressed?
• Does the child look well-nourished?
• Does the child have appropriate personal hygiene?
• Observe the child’s body language.
• Be mindful of signs that the child may be frustrated or overwhelmed.6
Preparations for court appearance • Ensure that your courtroom is child friendly.7
• Ensure all children are accompanied by a support person at the hearing such as a foster parent, CASA, mentor, coach, or other adult role model.
• Have the agency encourage the child to submit report cards, letters, drawings, or other age-appropriate materials periodically. Refer to anything previously submitted.
• Read anything that the child gives to the court while the child is present.
• Review the outcome of the hearing with the child and answer any questions (or ensure that someone else will do so).
• Ensure the child understands what was ordered and why.
• If age appropriate, ask the child what he wants to accomplish before the next hearing.
4 An example of an abstract question is “How well do you get along with your family?” For more information about questioning children, see Anne Graffam Walker, Handbook on Questioning Children: A Linguistic Perspective (ABA Center on Children and the Law 2d ed. 1999).
5 Please note that some school-age children act out behaviorally with those they trust because they feel safe enough to express their stress, fear, or frustration. The child may also be testing limits. In addition, changes in a child’s demeanor while answering questions may have several meanings. For example, a child could look to an adult for the answer because he is attached to that adult and wants to please him or her. On the other hand, the same action can mean that the child is afraid of the adult.
6 Signs may include squirming, lying down, or fussing.
7 It may be necessary to address issues related to the child’s safety at the courthouse and the appropriateness of courtroom waiting areas. Judges may find it beneficial to have age-appropriate toys and books available.
• Consult with the child and his caregiver when scheduling the next hearing so it does not interfere with the child’s normal daily routine, including school.
• Thank the child for coming to court.
• Encourage the child to attend the next hearing.
• Ask the child whether he has any last questions, thoughts, or concerns.
Possible questions to ask the child • How old are you?
• What is your best friend’s name?
• What do you like (or not like) about where you are staying now?
• Do you see your mom and dad?
• Do you miss anyone? Provide options, e.g., brothers, sisters, grandparents.
• Where do you go to school?
• What grade are you in?
• Who is your favorite teacher?
• Who takes you to school?
• Are you having any problems in school?
• Do you have a tutor?
• What do you like to do before and after school?
Engaging Toddlers (ages 1-3) & Preschoolers (ages 3-5)
ju dici al b enc h c ard 1
in the courtroom
• If the child is present and verbal, have him identify himself on the record.
• OR if the child is not present, address the reasons why the child is not in attendance.
• What efforts were made and the accommodations offered to encourage the child’s attendance.
• Explore and encourage resolution of transportation issues as a reason for nonattendance.
• Depending on the situation, consider postponing the hearing until the child can be present.
Communicate with the child during the hearing • Keep language simple and age appropriate.
• Speak slowly and allow the child time to process the information.
• Use concrete terms.3
• Use names instead of pronouns.
• Stop at regular intervals to ask the child if he understands and if he has any questions.
• Ask the child to perform simple age-appropriate tasks (as outlined in the Milestone Chart).
Observe the child’s behavior and appearance • How does the child interact and respond to caregivers, parents, and guardians?
• Observe the child’s demeanor when answering the questions (if verbal).4
• Who does the child look to for help in answering questions?
• Is he scared? Anxious? Avoidant?
• Does he look to the caregiver for the “right” answer?
• Assess whether the child appears healthy and well kept.
• Does the child exhibit appropriate developmental milestones?5
3 Concrete terms refer to objects or events that are available to the senses. For example, use “in the backyard” instead of “area.”
4 Changes in a child’s demeanor while answering questions may have several meanings. For example, a child could look to an adult for the answer because he is attached to that adult and wants to please him or her. On the other hand, the same action can mean that the child is afraid of the adult. For more information about questioning children, see Anne Graffam Walker, Handbook on Questioning Children: A Linguistic Perspective (ABA Center on Children and the Law 2d ed. 1999).
5 Please refer to the Milestone Chart. For more information about child development, see Genie Miller Gillespie and Diane Boyd Rauber (eds.), A Judge’s Guide: Making Child- Centered Decisions in Custody Cases (ABA Child Custody and Adoption Pro Bono Project and ABA Center on Children and the Law 2d ed. 2008).
AGE MILESTONES*
12 months Stands alone Can say 1 word Imitates activities
18 months Runs Can remove garment Can point to at least 1 body part
24 months Jumps up Combines words Puts on clothing
3 years Balances on each foot 1 second Speech all understandable Can name a friend
4 years Hops Names 4 colors Can copy a cross (+)
5 years Can walk on tiptoes Can draw a person with head, body, arms, and legs Capable of lacing own shoes
*50% to 90% of children can perform these milestones.
The Milestone Chart was adapted from Hagan JF, Shaw JS, Duncan PM, eds. 2008. Bright Futures: Guidelines For Health Supervision of Infants, Children, and Adolescents, Third Edition, Elk Grove Village, IL: American Academy of Pediatrics and Schor EL, ed. 2004. Caring For Your School-Age Child, New York: Bantam Books.
Preparations for court attendance • Ensure that your courtroom is child friendly.6
• Ensure all children are accompanied by a familiar caregiver, such as a foster parent.
• Consult with the child’s caregiver when scheduling the next hearing so it does not interfere with the child’s normal daily routine, e.g., naptime, mealtime, etc.
• If the child is verbal:
• Have the agency invite him to submit drawings, cards, or other age-appropriate materials periodically. Refer to anything previously submitted.
• Acknowledge anything that the child gives to the court while the child is present.
• Thank the child for coming to court.
• Encourage the child to attend the next hearing.
• Ask the child whether he has anything to say before the hearing ends.
Possible questions to ask the child (if child is verbal) • How old are you?
• Do you like where you are staying now?
• What do you like (not like) about where you are staying now? Suggest options (e.g., bedroom, pets, people who live there).
• Do you go to preschool or daycare? What things do you like to do while you are there?
• What kinds of things did you and your mommy (or daddy) do the last time you saw her (or him)?
• Do you feel sad or miss anyone? Suggest options (e.g., brothers, sisters, grandparents).
• Have you been to the doctor?
• Do you like the doctor?
Possible questions to ask the caregiver about the child • Is the child forming healthy attachments?7 With whom?
• Is the child meeting developmental milestones?8
6 It may be necessary to address issues related to the child’s safety at the courthouse and the appropriateness of courtroom waiting areas. Judges may find it beneficial to have age-appropriate toys and books available.
7 For more information about attachment, see JoAnne Solchany and Lisa Pilnik, Healthy Attachment for Very Young Children in Foster Care, Child Law Practice, Vol. 27, No. 6 (August 2008).
8 Please refer to the Milestone Chart.
Engaging Young Children (ages 0-12 mo) in the courtroom
• Whether the infant is present at the hearing.
• OR if not present, address the reasons why the infant is not in attendance.
• Ask why the infant is not present and what efforts were made for the infant’s attendance.
• Explore and encourage resolution of transportation issues as a reason for nonattendance.
• Depending on the situation, consider postponing the hearing until the infant can be present.
Observe the infant’s behavior and appearance • How does the child interact and respond to caregivers, par-
ents, and guardians?
• Does the child exhibit appropriate developmental milestones?3
Preparations for court attendance • Ensure that your courtroom is child friendly.4
• Ensure all children are accompanied by a familiar caregiver.
Possible questions to ask the caregiver about the infant • Is the infant forming healthy attachments?5 With whom?
• Is the infant meeting developmental milestones?6
AGE MILESTONES*
2 months Lifts head up 45 degrees Laughs Smiles spontaneously
4 months Rolls over Follows to 180 degrees Turns to rattling sound
6 months Sits with no support Turns to voice Feeds self
9 months Pulls to stand Says “Dada” and “Mama,” nonspecific Waves bye-bye
12 months Stands alone Can say 1 word Imitates activities
18 months Runs Can remove garment Can point to at least 1 body part
*50% to 90% of children can perform these milestones.
3 Please refer to the Milestone Chart. For more information about child development, see Genie Miller Gillespie and Diane Boyd Rauber (eds.), A Judge’s Guide: Making Child- Centered Decisions In Custody Cases (ABA Child Custody and Adoption Pro Bono Project and ABA Center on Children and the Law 2d ed. 2008).
4 It may be necessary to address issues related to the infant’s safety at the courthouse and the appropriateness of courtroom waiting areas. Judges may find it beneficial to have age-appropriate toys and books available.
5 For more information about attachment, see JoAnne Solchany and Lisa Pilnik, Healthy Attachment for Very Young Children in Foster Care, Child Law Practice, Vol. 27, No. 6 (August 2008).
6 Please refer to the Milestone Chart.
The Milestone Chart was adapted from Hagan JF, Shaw JS, Duncan PM, eds. 2008. Bright Futures: Guidelines For Health Supervision of Infants, Children, and Adolescents, Third Edition, Elk Grove Village, IL: American Academy of Pediatrics and Schor EL, ed. 2004. Caring For Your School-Age Child, New York: Bantam Books.
QQ :: HH OO WW OO LL DD DD OO YY OO UU HH AA VV EE TT OO BB EE TT OO GG OO TT OO CC OO UU RR TT ?? A: All children can, and should, go to court. There is no age limit. The judge
has to make important decisions about all children involved in the case and should get a chance to see them, talk to them, and listen to them. Judges can learn a lot by watching even little babies interact with their caregivers, and seeing how they grow between hearings.
QQ :: EE VV EE RR YY OO NN EE EE LL SS EE HH AA SS AA LL AA WW YY EE RR ,, CC AA NN II GG EE TT OO NN EE TT OO OO ?? A: Maybe. The law says you can have a lawyer represent you, but it does not
say that the state has to pay for your lawyer or find one for you. Your local legal aid or law school clinic might be able to represent you or find a lawyer for you. If you want a lawyer, you should ask the court to appoint one for you.
QQ:: HHOOWW DDOO II FFIINNDD OOUUTT WWHHEENN TTHHEE CCOOUURRTT HHEEAARRIINNGGSS AARREE GGOOIINNGG TTOO TTAAKKEE
PPLLAACCEE?? A: Your attorney, guardian ad litem or caseworker should make sure that you
get notice of hearings and copies of the pleadings (documents) filed in your case. Your caregiver is also supposed to get notice of hearings, so you can check with them as well. If you do not know when the next hearing is, ask someone. Keep asking until you know you are getting notice of every hearing.
Many kids in foster care don’t go court to see what is happening in their case.
Kids have always had the right to go to court. But some people don’t think kids need to be
there, and others don’t want to make arrangements to get the kids to court.
Sometimes, kids don’t know about their court hearings, are worried about missing important activities, are scared of what might happen or don’t know how they will get to and from court. So far, it has been up to each judge to even question why the child wasn’t there.
But starting on June 1, 2012, the rules are going to change! IIff tthhee cchhiilldd iiss nnoott aatt tthhee hheeaarriinngg,, tthhee jjuuddggee wwiillll hhaavvee ttoo ffiinndd oouutt wwhhyy.. Then the judge will have to decide whether it is in the child’s best interest to postpone the hearing so the child can be there, or to go ahead without the child.
The purpose of this rule change is to make sure that you attend your court hearings and that you have a real chance to have the judge listen to you.
Florida Youth SHINE has been working hard for many years to make sure that all kids get the chance to see what’s happening and to be heard. That hard work is paying off!
This Fact Sheet has been prepared by Florida’s Children First and Florida Youth SHINE
As of June 1, 2012 Florida Rule of Juvenile Procedure 8.255 was changed to read: RULE 8.255. GENERAL PROVISIONS FOR HEARINGS
(b) Presence of Child. (1) The child has a right to be present at all hearings.
(2) If the child is present at the hearing, the court may excuse the child from any portion of the hearing when the court determines that it would not be in the child’s best interest to remain.
(3) If a child is not present at a hearing, the court shall inquire and determine the reason for the absence of the child. The court shall determine whether it is in the best interest of the child to conduct the hearing without the presence of the child or to continue the hearing to provide the child an opportunity to be present at the hearing.
(4) Any party may file a motion to require or excuse the presence of the child.
FF OO RR MM OO RR EE II NN FF OO RR MM AA TT II OO NN CC OO NN TT AA CC TT :: fcf@floridaschildrenfirst .org
TTT HHH EEE FFF LLL OOO RRR III DDD AAA SSS UUU PPP RRR EEE MMM EEE CCC OOO UUU RRR TTT WWW AAA NNN TTT SSS YYY OOO UUU !!!
To Go To Court & Be Heard!
www.floridaschildrenfirst.org www.floridayouthshine.org
QQ .. HH OO WW DD OO II GG EE TT TT OO CC OO UU RR TT ?? A. Let your Attorney, Guardian ad Litem and/or case worker
know that you want to attend court. Sometimes, the person who looks after you will bring you to court, but sometimes your case worker or someone who works with your case worker will bring you to court.
QQ :: WW HH AA TT HH AA PP PP EE NN SS II FF TT HH EE HH EE AA RR II NN GG II SS SS CC HH EE DD UU LL EE DD WW HH EE NN II
HH AA VV EE AA NN II MM PP OO RR TT AA NN TT TT EE SS TT ,, FF II EE LL DD TT RR II PP ,, OO RR AA FF TT EE RR
SS CC HH OO OO LL AA CC TT II VV II TT YY ?? A: Tell your Attorney, Guardian Ad Litem, Caseworker or
Caregiver about the conflict and ask them to see if the hearing can be re-scheduled.
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MM AA NN YY TT HH II NN GG SS TT OO GG EE TT TT HH EE RR EE .. CC AA NN II PP AA RR TT II CC II PP AA TT EE BB YY
PP HH OO NN EE ?? A: You may be able to attend by phone, Skype or videoconference.
It is not as good as being there in person, but it’s better than not attending.
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II SS HH AA PP PP EE NN II NN GG ,, DD OO II HH AA VV EE TT OO SS TT AA YY II NN TT HH EE WW HH OO LL EE TT II MM EE ?? A: No, you may leave the courtroom if you are not comfortable. QQ :: WW HH AA TT II FF II WW AA NN TT TT OO SS TT AA YY TT HH EE WW HH OO LL EE TT II MM EE ,, BB UU TT OO TT HH EE RR
PP EE OO PP LL EE TT HH II NN KK II SS HH OO UU LL DD NN OO TT BB EE TT HH EE RR EE ?? A: Any party can ask the judge to send you out of the courtroom
for parts of the hearing. Usually they do that because they think you need to be protected from hearing things about your parents. If you really want to stay, you can try telling the judge why you think you should stay.
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A: Just going to court without being prepared is confusing – and unfair. Ask your Attorney, Guardian ad Litem or Caseworker to talk to you before the hearing. Find out: the purpose of the hearing, who is going to be there, what issue the judge is supposed to decide, what kind of questions you might be asked. After the hearing is over, ask them to explain what just happened and what will happen next. If you are upset by what happened in court – ask for help! Talk to your therapist or other trusted adult – don’t keep it bottled up.
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