Child Welfare Courts of Future

1. Child Welfare Courts of Future ALL THE PROCESS THAT IS DUE Managing Cases, Managing Change, Managing to Have a Life

2. Application of social and psychological principles Gatekeeper magistrate Agency response to maltreatment of “placing out”,asylum,child rescue,contract for beds Medical model based on diagnosis and treatment (why the behavior?) Began quickly to evolve to Behavioral model based on accountability and consequences (what the behavior?) The Clinic Court (1900-1960)

3. Who Are These Two ?

4. Emergence Of Parental Rights And Due Process Application • Mapp V Ohio 367 U.S.643 application of due process to state proceedings • Kent vs United States 383 U.S.541(1966) minimum due process in waiver proceedings • Gault 387 U.S.1(1967) essential of due process and fair treatment

5. Restrictions On State Intervention • Fundamental zone of parental family decisions (Pearce, Meyer, Wisconsin v Yoder,Parham v J.R., Santosky v Kramer) • Fundamental zone of privacy / control(Griswold v Conn.,Roe v Wade,) • Least restrictive alternatives- commerce clause case principle applied to state intervention • Foundation principles – planfull and reasonable state action within frame work of due process

6. Emergence Of Court/Clinic • Application of due process • State code development separating the courts from agency / conflicts of authority over placement and planning. • Trend to behavioral model reinforced by application of criminal justice model for delinquency cases in response to Gault.

7. Individualized Justice • Clinical --------- behavioral • Youth accountability – to victim, to community, restorative justice • Competency development rehabilitation, assessment and treatment • Key value are to protect the community from delinquency, to impose accountability for offense committed and to equip juvenile offenders with the competencies to live responsibly and productively in the community

8. The Pendulum Swings • From rehabilitation to behavioral accountability • Medical and justice models • Gradual reduction of judicial discretion • Seeking a balance

9. Criminalization of Childhood • Zero Tolerance policy in community or schools • Stretching the limits of age – mens rea, competency • Youth panel feedback on not so subtle shift from needs to behavior as they become adolescents in care • Stripping of discretion from judges

10. Lucy Gets A Job/ Roles Change For Judges • Parens patriae surrogate • Gatekeeper • Jurist of law and fact • Administrator of due process • Inquiring magistrate of well-being, safety and plan for children in care • Reviewer of agency efforts • Community leader in advocating for services • Applier of therapeutic /restorative justice principles

11. Keeping Up With Multiple Tasks

12. Courts As Trauma Centers • Therapeutic jurisprudence • Skill development • Enhancement of projected compliance with judicial orders • Judicial focus on coordination and communication • Facilitation to services for parties in the court

13. Therapeutic Jurisprudence • Legal rules, legal procedures and the role of legal actors constitute social forces which produce therapeutic or anti-therapeutic consequences • Can we enhance the likelihood of compliance with judicial expectations by applying what we know about human behavior to the way we work?

14. Practical examples • Forms and orders that are understandable • Court concierge, docent, Wal-Mart greeter, interpreters of language and systems – due process is understandable process • Engaging family with dignity – family group conferencing, scheduling considerations

15. Family Courts • Basic functions; • A court– legal basis in due process A portal of entry to social services or social support Data and information management A unified case processing and case management system based on values and principles of the participants

16. Moving from Clobberation to Collaboration • Advisory Committees on in proved practice • Real world feedback from constituents and stakeholders – youth panels, family members who have been through process • Strategic planning tools • Community understanding of limits of role • Restoring Community Respect

17. Community Collaborations • Education about the role of the courts increases understanding and confidence in the judicial process. • Unique view of the needs of individuals who are in legal and social crisis. • Expand available resources to address complex social problems. • Improve the administration of justice.

18. Model Courts/ Court Improvement • Federal Funding through State supreme court. Inventory and plan. Through ABA efforts - Courts as stakeholder in Family and Children Service Reviews. • Model Courts developed through Federal Victims Act funding seeking to implement The Resource Guidelines to Improve Court Practice in Abuse and Neglect Cases

19. Greenbook/ Unified Family Courts • Effective Interventions at the Intersection of Domestic Violence and Child Abuse • Unified Family Courts : • A forum for due process and law • A portal of entry to services • A method of case coordination and case management

20. Development of Alternate Pathways • Community Partnership for Child Protection • Mediation, Family Group Conferencing • Restorative Justice Programs • Caveat – child’s voice in decision making – considered judgment – “caught a right”

21. Best Interest ? • Reality is not BIOC but LWA • Focus on services that are appropriate, accessible, available and culturally competent not cookie cutter plan • Best practice publications, judicial education, co-training

22. Problem Solving Courts • Growth of drug, mental health, domestic violence courts. • Generally measured outcomes / more than just opening and closing of cases • Generally judges who want to do the work • Problem who’s dialog, what consequences for failure, defining success • Due Process considerations

23. Your Turn • Sometimes it is not what we do not know but what we do know that is wrong . • Keep to fundamental constitutional framework as anvil to hammer out new ideas for response to families in need • The unfinished tasks – the devil