New Home, New Life, New Joy - Michael, age 17

Youth Participation in Court Proceedings: Benefits, Policy and PracticeThe Honorable Karin BonicoroChild Protection Court, Central Texas

Susan Tsou, JDChildren’s Law Center of Los Angeles

George White, Former Foster Youth

Moderator: Leslie Heimov, JD, CWLSChildren’s Law Center of Los Angeles

How are we doing?How are we doing? On any given day foster

children occupy 40% of the child mental health inpatient beds

Over 1/3 do not finish high school and fewer than 10% of foster youth enroll in college

Foster youth are significantly disproportionaly over represented in the juvenile justice system

Close to 1/4 will become homeless within 1st year of leaving the systemOne fourth will be incarcerated within 2 years of emancipationOver 30% will be on public assistanceHundreds of thousands of missed opportunities

The Federal Legislation

Title IV-B of the Social Security Act as amended by the Child and Family Services Improvement Act of 2006 requires a court or administrative body conducting a permanency hearing held with respect to a child to consult, in an age age appropriate manner, with the child regarding the proposed permanency or transition plan for the child (P.L. 109-288, Section 10(3))

Children must have both effective legal representation and a direct voice in

court

Un Medio Ambiente - Silvia, age 18

The American Bar Association The National Center for Juvenile

and Family Court Judges The National Association of

Counsel for Children The U.S. Department of Health and

Human Services The Pew Commission on Children

in Foster Care First Star

Children’s Law Center of Los Angeles

Untitled – Noe, age 11

Legal StandardsLegal Standards

The attorney cannot The attorney cannot provide competent & provide competent & effective representation effective representation without a clientwithout a client

The right to legal representation for children in dependency proceedings is meaningless unless that counsel is effective. Kenny A. v. Purdue, 218 F.R.D. 277 (N.D. Georgia 2005)

Children’s Law Center of Los Angeles

What happens when youth have no voice in their court

hearings?Decisions made for me, not

respecting who I am or want to beVoicing words not just to be said, but

to be heardWords not just of sound but of

thoughtsSpeaking knowledge, spirit, and factKeeping faith, heart, and soul intact

Thinking of my future, who and where will I be

What Could Have Been - Scarlet, age 16

Nationwide Survey The majority of child welfare

professionals say youth should be present at some hearings.

The more experience the

professional has, the more likely they are to advocate for regular youth presence in court.

Yet only 29% report that children attend court most or all of the time.

27% of youth reported they NEVER attended their hearings

58% of youth reported they

attended IRREGULARLY --- only some of the time

Of those who attended court 60% say that it was helpful and their presence yielded real benefits - - from being able to take an active role in decisions being made about their lives to simply being able to be present and hear what transpires as decisions that impact their future are made.

Children’s Law Center of Los Angeles

Children’s Law Center of Los Angeles

Youth presence forces a focus on the child rather than on a case or a file

Family Forever – James, age 16

Child’s appearance, demeanor, needs, experiences in care

Personality and strengths

Frame of reference over time

Interaction with parents, social workers, attorneys, caregivers

One-on one personal interaction with Judge

Children’s Law Center of Los Angeles

Need to Hear Youth Voice

Decisions made regarding a child’s family relationships, physical safety, education, health and their very home without youth involvement will understandably be met with frustration and resistance.

What If? - Cierra, age 16

Youth need to be fully involved to develop an effective case plan

Youth have valuable information that can and should inform court process

Children’s Law Center of Los Angeles

When should foster youth be involved?

At Every stage– Case Plans– Mediation / Negotiation Sessions– Family Group Conferences– Team Decision Making– At Court

All parts of the system can benefit from inclusion of youth in court proceedings. Participation provides significant

benefit to the child

Modeling of decision making and problem solving Realistic view of family situation Connections with concerned adults Empowerment Increased satisfaction with time in care

Self Portrait - CJ, age 16

Children’s Law Center of Los Angeles

Mythbusters or www.getmetocourt.com The child cannot

understand the proceedings Disrupts process Don’t want to upset the

child? The adults? Age of child Supervision Lawyer’s commitment Impacts school Judges not all on board Type of proceeding Inhospitality of court

facilities Long waiting time in court Transportation issues

What if Your Pictures Were Your Only Memories - Jennifer, age 14

Children’s Law Center of Los Angeles

Preparing Children and Youth for Court

Ensure that youth are ready to come to courtDescribe and explain the proceeding to the child/youthExplain your role and the roles that other adults will play Help the youth prepare for what she would like to say to the court Prepare the adults for the child’s participationPost-court debriefing with the child/youth

Mis Razas Mexicanas Martin, age 17

Children’s Law Center of Los Angeles

Introducing the Child to the Court and Legal Process

See the courtroom and explain what happens there

Meet the judge Demystify the process Use easy to understand

terms and “translate” lingo in court Though I Speak My Grief - Ronald, age 18

Children’s Law Center of Los Angeles

The Role of Caregivers in Ensuring the Voices of Children and Youth in Court

Facilitating contact among attorney, GAL or CASA, and child

Providing information regarding child’s background, strengths and needs

Participating in court proceedings

Preparing child for court appearance and supporting child before, during and after

Untitled - Kathy, age 20

Children’s Law Center of Los Angeles

Accommodating children and youth with disabilities in court proceedings Children with physical

disabilities Children with expressive or

receptive language or other communication disorders

Children with mental/behavioral health challenges

Children with developmental disabilities or diagnosis of mental retardation

Another Lost Soul - Gabrielle, age 20

Children’s Law Center of Los Angeles

Promote Opportunities for Active Participation in Court Proceedings Improve court processes: court

room and waiting room accommodations, case scheduling, use of technology in the court room

Involve those who care about the children and youth

Provide the court with information to support fully informed decisions

Ensure effective representation by attorneys

Confusion - Jonathan, age 16

Children’s Law Center of Los Angeles

Youth Perspectives“I never went to court. I have been in and out of foster care since I was a baby and I really resent that I never got the chance to speak on my behalf, or even be present when my future was being discussed.”

- South Dakota foster youth

“Listen to us. Find out what our style is. Talk to other people that know us, if we say it’s okay. Check with us about things. Remember the motto, ‘Nothing About Me Without Me!’ Don’t make choices for us or make fun of us. Know that we have thoughts, feelings, and ideas just like you.”

Sara Erstad-Landis, “What I Would Like to Say to Lawyers,” Youth Law News

Poetic - Ronald, age 18

Where We Are Headed

.

Untitled - Marcus, age 15

“Children do not necessarily speak the language of the adults or the legal systems in which they are being given voice; thus their own voice is susceptible to interpretation and translation, i.e. distortion, by the adults – even their own lawyers.”“Children’s Voice and Justice: Lawyering for Children in the 21st Century”

Every child is an active participant in their case

Additional Slides

The following three slides were not included in the presentation but provide useful information.

Children’s Law Center of Los Angeles

Third Party Consultation is Insufficient

Family Forever – James, age 16

Credibility of information

Relationship Building Child’s appearance,

demeanor Child’s interaction with

parents, social workers, attorneys, caregivers

Important nonverbal information

One-on one personal interaction with Judge

Some states that give children a right to be present in the courtroom - Florida (Fla. R. Juv. P. Rule 8.255(b)) - California (Cal Wel & Inst Code § 290.1 et.seq., 366.26 (2005) Cal Wel & Inst Code § 16001.9)

– Minnesota (Minn. Stat. § 260C.163)- Kansas (K.S.A. §38-1570(a))- New Mexico (N.M. §32A-3B-13(c)

All other states have some requirement that children be summons to court initially as part of the summons process.

Some states that give children a right to participate in the development of their case plan

W. Virginia (W. Va. Code, § 49-6D-3)(above age 12 encouraged to participate)

Oregon (Or. Rev. Stat. § 419B.476(c))

Florida (Fl. Stat. Ann. § 39.601(1)(a))

California (WIC 16501.1(B)(12)