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

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

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  1. Youth Participation in Court Proceedings: Benefits, Policy and PracticeThe Honorable Karin BonicoroChild Protection Court, Central Texas Susan Tsou, JDChildren’s Law Center of Los AngelesGeorge White, Former Foster YouthModerator: Leslie Heimov, JD, CWLSChildren’s Law Center of Los Angeles New Home, New Life, New Joy - Michael, age 17

  2. 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 How are we doing? • Close to 1/4 will become homeless within 1st year of leaving the system • One fourth will be incarcerated within 2 years of emancipation • Over 30% will be on public assistance • Hundreds of thousands of missed opportunities

  3. 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))

  4. Children must have both effective legal representation and a direct voice in court • 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 Un Medio Ambiente - Silvia, age 18

  5. Legal Standards 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) The attorney cannot provide competent & effective representation without a client Untitled – Noe, age 11 Children’s Law Center of Los Angeles

  6. What happens when youth have no voice in their court hearings? Decisions made for me, not respecting who I am or want to be Voicing words not just to be said, but to be heard Words not just of sound but of thoughts Speaking knowledge, spirit, and fact Keeping faith, heart, and soul intact Thinking of my future, who and where will I be Children’s Law Center of Los Angeles What Could Have Been - Scarlet, age 16

  7. 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

  8. 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 Youth presence forces a focus on the child rather than on a case or a file Family Forever – James, age 16 Children’s Law Center of Los Angeles

  9. Need to Hear Youth Voice • Youth need to be fully involved to develop an effective case plan • Youth have valuable information that can and should inform court process 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 Children’s Law Center of Los Angeles

  10. When should foster youth be involved? At Every stage • Case Plans • Mediation / Negotiation Sessions • Family Group Conferences • Team Decision Making • At Court Children’s Law Center of Los Angeles

  11. 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

  12. 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

  13. Preparing Children and Youth for Court • Ensure that youth are ready to come to court • Describe and explain the proceeding to the child/youth • Explain 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 participation • Post-court debriefing with the child/youth Mis Razas Mexicanas Martin, age 17 Children’s Law Center of Los Angeles

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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 Children’s Law Center of Los Angeles Poetic - Ronald, age 18

  19. Where We Are Headed Every child is an active participant in their case “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” . Untitled - Marcus, age 15

  20. Additional Slides The following three slides were not included in the presentation but provide useful information. Children’s Law Center of Los Angeles

  21. 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 Third Party Consultation is Insufficient Family Forever – James, age 16

  22. 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.

  23. 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)

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