Youth Participation in Court Proceedings: Benefits, Policy and Practice The Honorable Karin Bonicoro Child Protection Court, Central Texas Susan Tsou, JD Children

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Youth Participation in Court Proceedings
Benefits, Policy and PracticeThe Honorable
Karin BonicoroChild Protection Court, Central
Texas Susan Tsou, JDChildrens Law Center of
Los Angeles George White, Former Foster
YouthModerator Leslie Heimov, JD,
CWLSChildrens Law Center of Los Angeles
New Home, New Life, New Joy - Michael, age 17
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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 system
• One fourth will be incarcerated within 2 years of
  emancipation
• Over 30 will be on public assistance
• Hundreds of thousands of missed opportunities

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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))

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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
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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
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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

What Could Have Been - Scarlet, age 16
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Nationwide Survey

• 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.

• 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.

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

• Childs 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

Family Forever James, age 16
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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 childs 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
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When should foster youth be involved?

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

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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
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Mythbusters or www.getmetocourt.com

• The child cannot understand the proceedings
• Disrupts process
• Dont want to upset the child? The adults?
• Age of child
• Supervision
• Lawyers 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
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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 childs participation
• Post-court debriefing with the child/youth

Mis Razas Mexicanas Martin, age 17
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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
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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 childs
  background, strengths and needs
• Participating in court proceedings
• Preparing child for court appearance and
  supporting child before, during and after

Untitled - Kathy, age 20
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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
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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
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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 its
  okay. Check with us about things. Remember the
  motto,
• Nothing About Me Without Me! Dont 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
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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. Childrens Voice and Justice
Lawyering for Children in the 21st Century
.
Untitled - Marcus, age 15
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Additional Slides

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

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Third Party Consultation is Insufficient

• Credibility of information
• Relationship Building
• Childs appearance, demeanor
• Childs interaction with parents, social
  workers, attorneys, caregivers
• Important nonverbal information
• One-on one personal interaction with Judge

Family Forever James, age 16
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• 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.

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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)