Seen and Heard Involving Children in Dependency Court Andrea Khoury ABA Center on Children and the Law

All I ever wanted was to be heard and not just dismissed… Youth in foster care

Outline of Presentation Policies of National Judicial and Bar Associations Policies of National Judicial and Bar Associations What’s happening around the country What’s happening around the country Benefits when youth participate Benefits when youth participate Policy and Practice considerations Policy and Practice considerations Tips for involving youth in court proceedings Tips for involving youth in court proceedings Systemic changes to increase youth participation in court Systemic changes to increase youth participation in court

Child and Family Service Improvement Act of 2006 Procedural safeguards to be applied to assure than in any permanency hearing held with respect to the child, including any hearing regarding the transition of the child from foster care to independent living, the court or administrative body conducting the hearing consults, in an age appropriate manner, with the child regarding the proposed permanency or transition plan for the child

Who is saying what? NCJFCJ – Resource Guidelines NCJFCJ – Resource Guidelines ABA – Standards for Representing Children in Abuse and Neglect Cases ABA – Standards for Representing Children in Abuse and Neglect Cases NACC – ABA Standards Amended NACC – ABA Standards Amended Pew Commission – Fostering the Future Pew Commission – Fostering the Future UNLV conference on Representing Children in Families UNLV conference on Representing Children in Families

Around the country Age Age Kansas – 14 Kansas – 14 New Mexico – 14 (compelling v. best interest) New Mexico – 14 (compelling v. best interest) Virginia – 12 Virginia – 12 Michigan - 11 (notification) Michigan - 11 (notification) New York - 10 New York - 10 Other criteria Other criteria Minnesota – children have the right Minnesota – children have the right Florida – best interests Florida – best interests California – children’s right California – children’s right

Benefits when youth participate… Sense of control Sense of control Understanding the process Understanding the process Information for the court Information for the court

The presence of children in court proceedings that affect them is invaluable, even when they are too young to express themselves. The child’s presence alone can give a face to what would otherwise be simply words on paper. Nothing can substitute for personally observing and engaging a child. -Judge William G. Jones (ret)

Policy 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 the youth? What is the developmental level of the youth? Will attending court upset the youth? Will attending court upset the youth?

Policy and Practice Considerations Will attending court disrupt the youth’s routine? Will attending court disrupt the youth’s routine? Will court be confusing or boring to the youth? Will court be confusing or boring to the youth? Who will transport the youth? Who will transport the youth? Will the court need additional time for the hearings? Will the court need additional time for the hearings? What type of hearing is scheduled? What type of hearing is scheduled?

Tips for involving youth in court proceedings Have the youth present throughout the hearing Have the youth present throughout the hearing Present the youth’s testimony in chambers Present the youth’s testimony in chambers Arrange in advance visit to the courthouse Arrange in advance visit to the courthouse Have the youth wait in a waiting area for the hearing Have the youth wait in a waiting area for the hearing Exclude the youth from court during harmful testimony Exclude the youth from court during harmful testimony Present the child’s hearsay statements in court Present the child’s hearsay statements in court

Sample questions for youth Familiarity questions Familiarity questions Knowledge assessment Knowledge assessment Placement Placement Visitation Visitation Permanency Planning Permanency Planning Education issues Education issues Health issues Health issues

Systemic Changes to increase youth participation in court Statute and court rules Statute and court rules Court administrative policies Court administrative policies Youth’s representative practices Youth’s representative practices Accommodations for youth in court Accommodations for youth in court Agency policy Agency policy Court orders Court orders School accommodations School accommodations Education for youth Education for youth

The best approach to children’s participation in court is to have excellent representation of the child, whether it’s by GAL, attorney, CASA or some combination. There must be a representative who will talk to the child before court, develop a relationship with the child, ensure that the voice of the child is heard in court, and if the child wants to attend make sure the child is present. The discussion of whether youth should be included in court hearings should be done on a case-by-case approach led not by a rule but by an interview with child and informed decision by counsel. - Judge Leonard P. Edwards (ret)

Dedication to serving clients before self…

Youth’s representative practices Appropriately trained Appropriately trained Familiar with child interviewing techniques Familiar with child interviewing techniques Caseload Caseload Role explanation Role explanation Visit client Visit client Independent investigation Independent investigation Youth’s voice Youth’s voice

Child Representative’s role when a youth comes to court Inform the court of any issues Inform the court of any issues Prepare client Prepare client Ensure youth is aware of what’s happening Ensure youth is aware of what’s happening Allow the youth to speak Allow the youth to speak Discuss the hearing afterwards Discuss the hearing afterwards

What we’re telling the youth… You have the right to: You have the right to: Attend all hearings where case is reviewed Attend all hearings where case is reviewed Meet with lawyer before hearings Meet with lawyer before hearings Tell your lawyer where you want to live and what services you think you need to meet your goals Tell your lawyer where you want to live and what services you think you need to meet your goals Have your lawyer do what is needed to help you get an appropriate placement and make sure your needs are met Have your lawyer do what is needed to help you get an appropriate placement and make sure your needs are met Have your lawyer call witnesses to testify for you or present evidence to the court Have your lawyer call witnesses to testify for you or present evidence to the court

Have your lawyer cross examine witnesses Have your lawyer cross examine witnesses Tell the judge what you think about your placement and any needs that you have Tell the judge what you think about your placement and any needs that you have Have a judge determine if your needs are being met, if you are in an appropriate placement, and if you are receiving all the services you need to meet your goals Have a judge determine if your needs are being met, if you are in an appropriate placement, and if you are receiving all the services you need to meet your goals Have information shared in court be kept confidential and discussed only with people who need to know about it to provide you with care and service Have information shared in court be kept confidential and discussed only with people who need to know about it to provide you with care and service Ask the judge to appoint another lawyer for you if you do not think your lawyer is representing your interests and wishes or doing their job Ask the judge to appoint another lawyer for you if you do not think your lawyer is representing your interests and wishes or doing their job

Andrea Khoury ABA Center on Children and the Law For technical assistance and training requests contact Jennifer Renne at or