"My Life, My voice, My Future":
Involving Youth in Family Court
Presented by Sue Badeau & Madelyn Freundlich

NYS Citizens' Coalition for Children, Inc.
17th Annual Statewide Adoption Training Conference
Adoption 2006: There's No Place like Home
May 12-13, 2006 • Albany New York

Workshop Outline
Summary of Power Point Presentation

Overview

• The Importance of Hearing Children’s Voices in Court: The Pew Commission on Children in Foster Care
• The National Survey on Youth’s Experiences in Court: Home At Last
• Preparing Older Children and Youth for Court
• Special Issues for Younger Children and Children with Disabilities
• Summary: The Role of Foster Parents and Adoptive Parents

The Pew Commission on Children in Foster Care

• Strengthening the Courts
• Judicial leadership
• Collaboration between child welfare agencies and the courts
• Data systems that track children’s progress
• “Children and their parents must have a direct voice in court, effective representation, and the timely input of those who care about them.”

The Voices of Children and Youth

• Opportunities for children and  youth to actively participate in  court proceedings
• Court processes to support their  participation: court room and waiting room accommodations, case scheduling, use of technology in the court room
• Involvement of those who care about children and youth and provide the court with information to support fully informed decisions
• Effective representation by attorneys

The National Survey on Youth’s Experiences in Court

• Two surveys: professionals and young adults formerly in care Conducted by Home At Last
• First- ever survey of this nature; garnered responses from every state in the nation, December 2005 through March 2006.
• Respondents: 
• 248 young adults
• 1,794 professionals    (judges, attorneys, CASAs, social workers)

Do youth attend their court hearings?

• 27% reported that they NEVER attended their hearings
• 58% reported that they attended IRREGULARLY -- only some of the time or less

Youth Comments

• “If I would have been allowed to attend a court hearing regarding my case, I don’t think I would have been as scared or worried  because I would have been able to see first hand what was happening to me and my family.  I would have also felt less resentful toward the system because I would have felt like I had some say.”Former foster youth from South Dakota
• “Going to court was helpful because it kept me informed of what was going to happen, it allowed me to be able to share my concerns and wishes, and it helped me better understand the legal aspects of being in care.”Former foster youth in New York
• “It was scary but it felt like I had some control.” Former foster youth in California
  
• “I only went to court once and I was not invited to speak directly to the judge. But at the end, when he asked if anyone else had something to say, I spoke up and said that I wanted to say something!  I like that I got to go to court that one time and I like that the judge did end up listening.” Former foster youth in Utah

Adults’ Views of Youth Participation in the Court Proceedings

• Many adults reported satisfaction with youth’s    only occasional      attendance at court proceedings. When        asked how often youth  should be present:
• 58% said only some of the time
• 28% said most of the time
• 8% said all of the time
• Professionals with  more experience in the court system were more likely to advocate for regular youth presence.
• CASA advocates were more cautious about youth participation in court than social workers, attorneys, and judges

Why Are Youth not Present in Court?  Adults’ Views

• Additional reasons relate to convenience or court environment:
• Inhospitality of court facilities
• Long waiting time in court
• Transportation issues

Why Are Youth not Present in Court  Youth’s Views

How Often did the Judge Listen?  Youth’s Views

• Always listened                           55%
• Sometimes listened                              36%
• Never listened                        9%

General Learnings from The Survey

• There is a recognition that it is important for youth to be present in court.
• The presence of youth in their court proceedings is relatively infrequent.
• Major roadblocks exist in the court                process itself:
• delays,
• unfriendly environments
• “Having a child in court will benefit both the child, by increasing their participation and understanding, and the process, by forcing other players to deal with the child as an individual.”Attorney from New York

Preparing Children and Youth for Court –

• Preparing the child and the court for the child’s or youth’s participation
• Describe and explain the proceeding to the child/youth
• Explain your role and the roles that other adults will play
• Get ready to come to court
• Get ready for the interview with attorneys or judge

Support during the court proceedings: Post-court debriefing with the child/youth

Special Issues for Younger Children and Children with Disabilities

• Infants, toddlers, and pre-schoolers
• Limited verbal ability
• Cognitive developmental level
• Social skill level

Children with disabilities

• Physical, mental health and developmental disabilities
• “Nothing about me without me.”
• Attitude of inclusion

The Voices of Young Children and Children with Disabilities: Educating Court Personnel

• Ensuring that courts, attorneys, CASAs have an understanding of early childhood development
• Training
• Consultation

Working with Attorneys, GALs and CASAs

• Individualizing the child:                                           Bringing the child “to life”
• Work directly with the child’s                                   attorney, GAL, and/or CASA                                              to help them know the child
• Help the attorney/GAL/CASA spend time observing the child
• Provide information on the child’s history, needs, experiences in care
• Provide information on the child’s personality and strengths 
• Provide attorney/GAL/CASA with photographs/videos of the child

Information Sharing - Participating in court hearings

• Working with the caseworkers, attorneys, GALs, CASAs regarding provision of information directly to the court
• Written information
• Presentation in court

Introducing the Child to Court

• See the courtroom and explain what happens there
• Meet the judge
• See the judge

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
• The continuum of participation

Summary: The Role of Foster and Adoptive Parents in Ensuring the Voices of Children and Youth in Court

• Facilitating contact between 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

About the Artwork in this presentation: "MY VOICE, MY LIFE, MY FUTURE”: FOSTER YOUTH ART AND WRITING - There can be no more eloquent portrayal of what youth living in foster care experience than the window into their existence provided by the work of these young artists and writers.This project was assembled by Home At Last and the Children’s Law Center of Los Angeles in conjunction with the May, 2006 Foster Care Awareness Month activities around the country and with the generous support of The Pew Charitable Trusts.

May 2006

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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • FAX 607-272-0035
office@nysccc.org
06/21/06