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

Andrea KhouryAndrea Khoury

ABA Center on Children and the ABA Center on Children and the LawLaw

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

Policies of National Judicial and Bar Policies of National Judicial and Bar AssociationsAssociations

What’s happening around the countryWhat’s happening around the country Benefits when youth participateBenefits when youth participate Policy and Practice considerationsPolicy and Practice considerations Tips for involving youth in court Tips for involving youth in court

proceedingsproceedings Systemic changes to increase youth Systemic changes to increase youth

participation in courtparticipation in court

Child and Family Service Child and Family Service Improvement Act of 2006Improvement Act of 2006

Procedural safeguards to be applied to Procedural safeguards to be applied to assure than in any permanency hearing assure than in any permanency hearing held with respect to the child, including held with respect to the child, including any hearing regarding the transition of any hearing regarding the transition of the child from foster care to the child from foster care to independent living, the court or independent living, the court or administrative body conducting the administrative body conducting the hearing consults, in an age appropriate hearing consults, in an age appropriate manner, with the child regarding the manner, with the child regarding the proposed permanency or transition plan proposed permanency or transition plan for the childfor the child

Who is saying what?Who is saying what?

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) New York - 10New York - 10

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

Benefits when youth participate…Benefits when youth participate…

Sense of controlSense of control Understanding the processUnderstanding the process Information for the courtInformation for the court

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)

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 Present the child’s hearsay statements in Present the child’s hearsay statements in

courtcourt

Sample questions for youthSample questions for youth

Familiarity questionsFamiliarity questions Knowledge assessmentKnowledge assessment PlacementPlacement VisitationVisitation Permanency PlanningPermanency Planning Education issuesEducation issues Health issuesHealth issues

Systemic Changes to increase Systemic Changes to increase youth participation in courtyouth participation in court

Statute and court rulesStatute and court rules Court administrative policiesCourt administrative policies Youth’s representative practicesYouth’s representative practices Accommodations for youth in courtAccommodations for youth in court Agency policyAgency policy Court ordersCourt orders School accommodationsSchool accommodations Education for youthEducation for youth

The best approach to children’s participation in court is The best approach to children’s participation in court is to have excellent representation of the child, whether it’s to have excellent representation of the child, whether it’s

by GAL, attorney, CASA or some combination. There by GAL, attorney, CASA or some combination. There must be a representative who will talk to the child before must be a representative who will talk to the child before court, develop a relationship with the child, ensure that court, develop a relationship with the child, ensure that the voice of the child is heard in court, and if the child the voice of the child is heard in court, and if the child wants to attend make sure the child is present. The wants to attend make sure the child is present. The

discussion of whether youth should be included in court discussion of whether youth should be included in court hearings should be done on a case-by-case approach hearings should be done on a case-by-case approach

led not by a rule but by an interview with child and led not by a rule but by an interview with child and informed decision by counsel.informed decision by counsel.--Judge Leonard P. Edwards (ret)Judge Leonard P. Edwards (ret)

Dedication to serving clients Dedication to serving clients before self…before self…

Youth’s representative practicesYouth’s representative practices

Appropriately trained Appropriately trained Familiar with child interviewing Familiar with child interviewing

techniquestechniques CaseloadCaseload Role explanationRole explanation Visit clientVisit client Independent investigationIndependent investigation Youth’s voiceYouth’s voice

Child Representative’s role when a Child Representative’s role when a youth comes to courtyouth comes to court

Inform the court of any issuesInform the court of any issues Prepare clientPrepare client Ensure youth is aware of what’s Ensure youth is aware of what’s

happeninghappening Allow the youth to speakAllow the youth to speak Discuss the hearing afterwards Discuss the hearing afterwards

What we’re telling the youth…What we’re telling the youth…

You have the right to:You have the right to: Attend all hearings where case is reviewedAttend all hearings where case is reviewed Meet with lawyer before hearingsMeet with lawyer before hearings Tell your lawyer where you want to live and Tell your lawyer where you want to live and

what services you think you need to meet your what services you think you need to meet your goalsgoals

Have your lawyer do what is needed to help Have your lawyer do what is needed to help you get an appropriate placement and make you get an appropriate placement and make sure your needs are metsure your needs are met

Have your lawyer call witnesses to testify for Have your lawyer call witnesses to testify for you or present evidence to the courtyou or present evidence to the court

Have your lawyer cross examine witnessesHave your lawyer cross examine witnesses Tell the judge what you think about your placement Tell the judge what you think about your placement

and any needs that you haveand any needs that you have Have a judge determine if your needs are being Have a judge determine if your needs are being

met, if you are in an appropriate placement, and if met, if you are in an appropriate placement, and if you are receiving all the services you need to meet you are receiving all the services you need to meet your goalsyour goals

Have information shared in court be kept Have information shared in court be kept confidential and discussed only with people who confidential and discussed only with people who need to know about it to provide you with care and need to know about it to provide you with care and serviceservice

Ask the judge to appoint another lawyer for you if Ask the judge to appoint another lawyer for you if you do not think your lawyer is representing your you do not think your lawyer is representing your interests and wishes or doing their jobinterests and wishes or doing their job

Andrea KhouryAndrea KhouryABA Center on Children and the LawABA Center on Children and the Law

202-662-1730202-662-1730khourya@staff.abanet.orgkhourya@staff.abanet.org

For technical assistance and training requests contact For technical assistance and training requests contact Jennifer Renne at 202-662-1731 or Jennifer Renne at 202-662-1731 or

rennej@staff.abanet.orgrennej@staff.abanet.org