Transcript RETUIRNING TO OUR ROOTS: REFORMS FOR THE FUTURE

RETURNING TO OUR ROOTS:
REFORMS FOR THE FUTURE
Children’s Roundtable Summit
Pittsburgh Pennsylvania
November 20, 2009
Judge Charles F. Pratt
Allen Superior Court
Room 208 Allen County Court House
715 S. Calhoun Street, Fort Wayne, IN 46804
[email protected]
Like Pittsburgh, Fort Wayne is located at the
confluence of three (albeit smaller) rivers.
INTRODUCTION
In the over 100 years since the first
juvenile court was established, court
practices and procedures have evolved
away from the foundational theory of
parens patriae.
Arguably, that departure has impeded
our ability to tailor cases to the
individualized needs, best interests, and
culture of the family and the child.
Tying the research to the reform
Family Group Decision Making and its related
methods are researched based practices that
give Judges the tools to restore the Juvenile
Court to its original promise.
These materials are designed to explain
practical and effective ways by which the
research on strength based practices, resiliency,
and poverty support the implementation of and
are applied by the incorporation of Family Group
Decision Making practices.
RESEARCH AND THEORIES
 Positive Youth Development Research,
Resiliency, and Strength Based Practices
 Servant Leadership Principles
 Research on Poverty
 Family Group Decision Making and related
practices
STRENGTH BASED PRACTICES
AND
POSITIVE YOUTH DEVELOPMENT
THE DEFICIT APPROACH
THE ‘AT-RISK’ LENS
At-Risk Factors
categorize children
and families based on
cognitive, biological,
psychological, and
environmental
circumstances.
PEOPLE ARE
LABELED BY
PROBLEMS:
Drug Abuse, Poverty,
Low Functioning,
Dirty House…
RESILIENCY
For children to be resilient in the face of
adversity protective factors must be
preserved and / or provided:
Those include:



A safe haven,
A protective adult, and
A voice.
See Resiliency in Action
Nan Henderson, Editor with Bonnie Bernard and Nancy Sharp-Light
Resiliency In Action, Inc. Publisher
STRENGTH BASED APPROACH
THE ‘RESILIENCY’ LENS
Emphasizes
resources that exist
within and outside
the individual or
family.
Look for the
supports available
to a child: skills,
competencies, &
ability to overcome
adversity.
SEEING WITH A NEW LENS:
Strength based practices begin with the
professionals within all levels of the
system taking on a new view of children
and families to whom they are called to
serve. That means that traditional
paradigms of discipline responses are
shifted:
SHIFTS IN THINKING
 SOLE SYSTEM AUTHORITY
 SEEING PROBLEMS TO

To Shared Authority
(mediation)

To Seeing Opportunities
(all at the table to plan solution)

To Seeing Strengths
(Encourage positives so person is not
defeated before start.)

To expectancy that ALL parties make
changes / adapt to achieve goal.
(Adapt petition and plan)

To family convenience
(Remove barriers to services)

To clear explanation of responsibilities
CORRECT
 SEEING ONLY RISKS &
NEGATIVES
 EXPECTANCY that Parent
only makes changes
 SYSTEM CONVENIENCE
 HIDDEN LANGUAGE
THE SEARCH INSTITUTE
The Forty Developmental Assets
Through extensive research, the Search Institute has identified
The following 40 building blocks of healthy development that
help young people grow up healthy, caring, and responsible.
The asset definitions shown in the following chart are based on
research involving adolescents (6th to 12th grades). In addition,
Search Institute has blended the literature on child development
with the framework of assets for adolescents to identify parallel,
developmentally appropriate sets of assets for infants, toddlers,
preschoolers, and elementary-age children.
The Power of Assets
On one level, the 40 developmental assets
represent everyday wisdom about positive
experiences and characteristics for young people.
In addition, Search Institute research has found
that these assets are powerful influences on
adolescent behavior-both protecting young people
from many different problem behaviors and
promoting positive attitudes and behaviors.
This power is evident across all cultural and
socioeconomic groups of youth. There is also
evidence from other research that assets have the
same kind of power for younger children.
The 40 ASSETS
 The following is the list of the Forty
developmental Assets as identified by the
Search Institute.
 NOTE:
The underlined assets may be
impacted by court practices in a
dependency case.
EXTERNAL ASSETS –
Support
1.
2.
3.
4.
5.
6.
Family support - Family life provides high levels of love and
support.
Positive family communication - Young person and her or his
parent(s) communicate positively, and young person is willing to
seek advice and counsel from parent(s).
Other adult relationships - Young person receives support
from three or more non-parent adults.
Caring neighborhood - Young person experiences caring
neighbors.
Caring school climate - School provides a caring, encouraging
environment.
Parent involvement in schooling - Parent(s) are actively
involved in helping young person succeed in school.
EXTERNAL ASSETS- Empowerment
7.
8.
9.
10.
Community values youth Young person perceives that
adults in the community value youth.
Youth as resources Young people are given useful roles in
the community.
Service to others Young person serves in the community
one hour or more per week.
Safety Young person feels safe at home, at school, and in
the neighborhood.
EXTERNAL ASSETS
Boundaries and Expectations
11.
12.
13.
14.
15.
16.
Family boundaries - Family has clear rules and
consequences, and monitors the young person's
whereabouts.
School boundaries - School provides clear rules and
consequences.
Neighborhood boundaries - Neighbors take
responsibility for monitoring young people's behavior.
Adult role models - Parent(s) and other adults model
positive, responsible behavior.
Positive peer influence - Young person's best friends
model responsible behavior.
High expectations - Both parent(s) and teachers
encourage the young person to do well.
EXTERNAL ASSETS
Constructive Use of Time
17.
18.
19.
20.
Creative activities Young person spends three or more hours
per week in lessons or practice in music, theater, or other arts.
Youth programs Young person spends three or more hours
per week in sports, clubs, or organizations at school and/or in
community organizations.
Religious community Young person spends one hour or
more per week in activities in a religious institution.
Time at home Young person is out with friends "with nothing
special to do" two or fewer nights per week.
INTERNAL ASSSETS
Commitment to Learning
21.
22.
23.
24.
25.
Achievement motivation - Young person is motivated to
do well in school.
School engagement - Young person is actively engaged
in learning.
Homework - Young person reports doing at least one
hour of homework every school day.
Bonding to school - Young person cares about her or his
school.
Reading for pleasure - Young person reads for pleasure
three or more hours per week.
INTERNAL ASSSETS
Positive Values
26.
27.
28.
29.
30.
31.
Caring - Young person places high value on helping other
people.
Equality and social justice - Young person places high
value on promoting equality and reducing hunger and poverty.
Integrity - Young person acts on convictions and stands up
for her or his beliefs.
Honesty - Young person "tells the truth even when it is not
easy.”
Responsibility - Young person accepts and takes personal
responsibility.
Restraint - Young person believes it is important not to be
sexually active or to use alcohol or other drugs.
INTERNAL ASSSETS
Social Competencies
32. Planning and decision making - Young person
33.
34.
35.
36.
knows how to plan ahead and make choices.
Interpersonal competence - Young person has
empathy, sensitivity, and friendship skills.
Cultural competence - Young person has
knowledge of and comfort with people of different
cultural/racial/ethnic backgrounds.
Resistance skills - Young person can resist
negative peer pressure and dangerous situations.
Peaceful conflict resolution - Young person
seeks to resolve conflict nonviolently.
INTERNAL ASSSETS
Positive Identity
37.
38.
39.
40.
Personal power - Young person feels he or she has control
over "things that happen to me.“
Self-esteem - Young person reports having a high selfesteem.
Sense of purpose - Young person reports that "my life has a
purpose."
Positive view of personal future - Young person is
optimistic about her or his personal future.
This list is an educational tool. It is not intended to be nor is it appropriate as a scientific
measure of the developmental assets of individuals. Copyright © 2000 by Search
Institute. All rights reserved. This chart may be reproduced for educational,
noncommercial use only (with this copyright line). No other use is permitted without prior
permission from Search Institute, 615 First Avenue N.E., Suite 125, Minneapolis, MN
55413; 800-888-7828.
Protecting Youth from
High-Risk Behaviors

0-10
Assets
Problem Alcohol
49%
Use
Violence
61%
Illicit Drug Use 39%
Sexual Activity
32%
11-20
Assets
21-30
Assets
31-40
Assets
27%
11%
3%
38%
18%
19%
6%
7%
1%
21%
11%
3%
Promoting Positive Attitudes and
Behaviors

0-10
Assets
11-20
Assets
21-30
Assets
31-40
Assets
50%
65%
77%
85%
26%
47%
69%
89%
Values Diversity
36%
57%
74%
88%
Succeeds in
School
8%
17%
30%
47%
Exhibits
Leadership
Maintains Good
Health
Ask the following questions:
 If building assets aid in the child’s
development, should not the system be
concerned with its role in asset development?
 In its current form does the court process
reinforce assets or deplete them?
 Do the professionals within the system model
assets in their interactions with families?
 Does the physical environment convey asset
building?
ASSET CHALLENGE
Consider your current court process from the
point of view of the family.
Are assets being built?
Is the environment asset friendly?
WAYS OF BEING: The Court and the
40 Developmental Assets
Do not view the assets as just a list that can be
used to define the strengths (and needs) of a
person or family.
The greatest power from this research is
realized when the culture of OUR system is
transformed.
OUR WAY OF BEING
Assets must first become embedded as
our individual way of being. Then they
can become actualized into the process
over which we have control
Assets need to first become the “way of being” of the judge and
court staff. Then they can be actualized into our court processes.
WE LEARN ABOUT THE 40 ASSETS
We apply them to the way we see and interact with people.
No longer just a tool, the concept becomes a strength-based
practice – our ways of being.
We change the culture of the system – its ways of being.
Strength-based practices are employed.
40 ASSETS ARE ACTUALIZED IN THE PROVISION OF SERVICES
PARADIGM SHIFT
Asset Builders believe that empowering people to
work with professionals and other family
members to resolve problems is central to
effective change. Few of us change by force.
Rather, we comply so long as the threat of
force is present.
True change requires desire, voice,
opportunity, tools, and support.
PARADIGM SHIFT
Shift from seeing the
PERSON AS
THE PROBLEM
Interventions are
designed to fix the
person.
To seeing the
PROBLEM AS
THE PROBLEM
Here Interventions are
designed to maximize and
build upon resilience factors
of the person to correct the
problem.
POSITIVE YOUTH DEVELOPMENT
What it is and isn’t…
Positive Youth
Development is NOT:
Positive Youth Development IS:
“DUMBING” DOWN
THE SYSTEM
IT’S ABOUT HIGH EXPECTATIONS FOR
ALL CHILDREN FROM ALL SECTORS OF
THE COMMUNITY
EXCUSING BEHAVIOR
IT’S ABOUT ACCOUNTABILITY
Seeing kids differently
as either high achievers
or at risk
IT’S ABOUT
ALL KIDS – Including the Invisible Ones
POSITIVE YOUTH DEVELOPMENT
What it is and isn’t…
IT’S NOT ABOUT
ABDICATING or
DELEGATING OUR
RESPONSIBILITY
IT’S ABOUT ACCEPTING A DUTY TO
PARTNER WITH OTHERS TO IMPROVE
THE QUALITY OF LIFE FOR CHILDREN
AND FAMILIES
IT’S NOT ABOUT
MULTIPLE
LANGUAGES
IT’S ABOUT A
COMMON VOICE
IT’S NOT
“IT TAKES A
VILLAGE
TO RAISE A CHILD”
IT DOES TAKE A COMMUNITY TO ACT AS
SUPPORTS AND RESOURCES TO HELP
FAMILY TO RAISE A CHILD
Servant Leadership
From Materials by Robert Greenleaf
See www.greenleaf.org
Classic styles of leadership often employ manipulation or coercion
to direct others take a particular course of action.
Servant leadership is the antithesis of those leadership models.
Through servant leadership, the servant leaders seeks
first to serve and, in so doing, leads.
The Principal question:
DO THOSE SERVED BECOME HEALTHIER, WISER, FREER,
MORE AUTONOMOUS, AND MORE LIKELY THEMSELVES
TO BECOME SERVANTS?
servant leadership
SERVICE
A SERVANT LEADER SEEKS FIRST TO
SERVE AND IN SO DOING HE OR SHE
LEADS.
This concept requires a transformation of
focus. By meeting needs, people will
recognize the servant as a leader. Moral
authority is developed.
Service creates community.
servant leadership
EMPOWER
EACH OF US - ALL OF US - HAVE
STRENGTHS AND TALENTS.
The use of strengths resolve problems.
Not only are opportunities offered, we
must also remove impediments to
success.
THIS IS THE TRUE DEFINITION OF
EMPOWERMENT
servant leadership
RELATIONSHIPS
“PEOPLE” ORIENTATION,
NOT “PROJECT OUTCOME” ORIENTATION.
Servant leadership must be actualized in a
personal way of being.
Progression: Build “connectedness” between
people, then between agencies; then build
community.
Is the goal to close the case or resolve the
issue for the child?
Caution !
 Empowerment and Servant Leadership do
not mean that there should be acquiescence
to a parent or guardian’s position that may –
from an objective view – be contrary to the
welfare of the family.
 There should be practiced empathy and
empowerment balanced with accountability.
 The best interests of the child are always
first and should be the center and
outcome of any conferencing.
IMPLICATIONS OF POVERTY
Highlighting the work of
Dr. Ruby Payne, author of:
A FRAMEWORK OF UNDERSTANDING POVERTY
and the work of Philip DeVol, author of :
Bridges Out of Poverty
Dr. Ruby Payne, aha! Process, Inc. P.O. Box 727, Highlands TX 77562
(800) 424-9484 / www.ahaprocess.com
IMPLICATIONS OF POVERTY
To understand the concepts highlighted in this
presentation, you are encouraged to read the
books listed.
This presentation is only an overview of the
work of Dr. Payne and Philip DeVol and is
offered to further explain the research basis
for our court improvement project.
THE 40 ASSETS AND PRINCIPLES OF
POVERTY
The principles adapted from Dr. Ruby Payne’s work on
poverty can be first considered in the process of
actualizing positive youth development and the 40
Asset process.
Often families are in such dire straits that we cannot
begin with the literal application of the 40 assets.
Rather, we must first identify a family’s resources
and needs as outlined by Dr. Ruby Payne.
THE 40 ASSETS AND PRINCIPLES OF
POVERTY
For example, you cannot instill education goals or a
sense of community in a homeless or hungry child.
First the court must insure basic resources are met.
Then further development can be addressed.
THUS:
Meeting the Resource Needs of families instills the
assets in the parents and the children.
IMPLICATIONS OF POVERTY
Dr. Payne defines poverty as the extent to
which an individual does without resources.
Those resources are:
Financial, Emotional, Mental, Spiritual,
Physical, Spiritual, Support Systems,
Relationships / Role Models, Knowledge
of Hidden Rules and Coping Strategies.
Definitions of Resources
These definitions are from Bridges Out of Poverty by Ruby K. Payne, Philip DeVol, and Terie
Dreussi Smith. aha! Process, Inc., ISBN 0-9647437-9-5
 Financial: Having the money to purchase goods
and services.
 Emotional: Being able to choose and control
emotional responses, particularly negative
situations without engaging in self destructive
behavior.
IMPLICATIONS OF POVERTY
Definitions of Resources
 Mental: Having the mental abilities and
acquired skills to deal with daily life
(reading, writing, computing).
 Spiritual: Believing in divine purpose and
guidance.
 Physical: Having physical health and
mobility.
IMPLICATIONS OF POVERTY
Definitions of Resources
 Support Systems: Having friends, family, and
backup resources available to access in times of
need. (external resources).
 Relationships / Role Models: Having frequent
access to adult (s) who are appropriate, who are
nurturing to the child, and who do not engage in
self destructive behavior.
IMPLICATIONS OF POVERTY
Definitions of Resources
 Knowledge of Hidden Rules: Knowing the
unspoken cues and habits of a group.
 Coping Strategies: Being able to engage
in procedural self-talk and the mindsets
that allow issues to be moved from the
concrete to the abstract. The ability to
translate from the personal to the issue.
Characteristics of Poverty
 Survival Orientation – Little room for the
abstract. A job is not about a career but about
getting enough money to survive.
 “Discipline: Punishment is about penance
and forgiveness, NOT ABOUT CHANGE.”
From Bridges Out of Poverty (page 52)
Characteristics of Poverty
 Polarized Thinking: Options are not generally
considered. It is one way or the other. Common
comments: “I quit”, “I can’t”
 Time is perceived in the present. Future is not
always considered.
 Planning ahead is not part of generational poverty.
Thus a future benefit is not seen as being relevant to
today.
 Social Emphasis is on inclusion of people who are
liked. In Middle Class the emphasis is on self
governance.
Characteristics of Poverty
Discipline and authority:
When involved in the court or social service
system, behavior is marked by compliance
with the requirements so long as the authority
is present.
USE OF THE ADULT VOICE
Three voices:
 Child’s voice: defensive, victimized, negative
 Parent Voice: authoritative, judgmental, win –
lose mentality, threatening
 Adult Voice: non-judgmental, factual, firm,
attitude of win-win- “ Where would you
like this situation to end up?” “What are
your options?” “These are the choices.”
POVERTY CHARACTERISTICS
EXERCISE
Consider how each of the following effect or are
effected by current court practices:
1.
2.
3.
4.
5.
Survival orientation and money management.
Discipline.
Polarized thinking.
Concept of time and the relevance of planning to
current needs.
The voice in the court room.
The need for change….
Poverty driven responses to the court’s orders or processes should
not push our buttons. After all, it is not about us. It is about them.
Research on poverty compels us to do the following:
 Rules should be explained.
 The family’s Resources must be considered.
 Courts plan forward – prospectively. We must however, identify
goals and then work backwards.
 Respect family loyalty –Allow inclusion.
 Use adult voice.
 Reinforce that the from crisis comes opportunity not despair.
BUILDING ASSETS AS
RESOURCES ARE PROVIDED
Dispositional Decrees that provide for services
that replenish RESOURCES
also build
Developmental Assets
BUILD RESOURCES – BUILD ASSETS
RESOURCE
ASSET
Financial
Sufficient funds to purchase goods
and services
#10 - Safety
#32 - Planning and decision
Making
#37 - Personal Power
Emotional
Ability to choose and control
emotional responses, particularly to
negative situations, w/o engaging
in self destructive behaviors
#1 – Family Support
#2 – Communication
#4 & 5 – Caring Neighborhood
and school
#11 - Family Boundaries
#38 - Self Esteem
#40 – Positive view of future
BUILD RESOURCES – BUILD ASSETS
RESOURCE
ASSET
Mental
Having the mental abilities and
acquired skills to deal with every day
life.
#6 – Parent involved in school
#12 – School boundaries
#17 – Creative activities
#21 – Achievement motivation
#22, 23, & 24 – School engagement
#25 - Reading
Spiritual
Believing in divine purpose and
guidance.
#19 – Religious activity
#26 – Caring
#27 – Equality and social justice
#28 & 29 - Honesty and integrity
#30, 31, & 35 – Responsibility,
restraint and resistance skills
BUILD RESOURCES – BUILD ASSETS
RESOURCE
ASSET
Physical
Having physical health and mobility.
#10 – Safety
#37 – Personal Power
#38 – Self Esteem
#40 – Positive view of future
Support System
Having friends, family, and backup
resources available to access in
times of need.
#3 – Other adult relationships
#4 & 5 caring neighborhood and
school
#6 – Parent involved in schooling
#18 – Youth programs
#15 – Positive peers
#36 – Peaceful conflict resolution
BUILD RESOURCES – BUILD ASSETS
RESOURCE
ASSET
Role Models
Having frequent access to
adult(s) who are appropriate,
who are nurturing to the child,
and who do not engage in self
destructive behavior.
#3 – Other adult relationships
#14 – Adult role models
#34 – Cultural competence
#36 - Peaceful Conflict
resolution
#39 – Sense of purpose
Knowledge of Hidden Rules
Knowing the unspoken cues and
habits of a group
#16 – high expectations
#33 - Interpersonal skills
#34 – Cultural competence
#37 – Personal power
Rehabilitation comes at a cost
Rehabilitation is a shift from prior behaviors.
There is a cost to embracing and
achieving new goals.
Often that cost comes in the form of a loss
in relationships. In some situations that cost
may be too high.
In some cases, a plan for building a new
community of care is essential.
COSTS can be tempered. In Bridges Out of Poverty, they
cite to Stephen Covey’s idea of an emotional bank account:
WITHDRAWALS
1.
2.
3.
4.
5.
6.
7.
Seek 1st to be understood.
Break promises
Unkind, discourtesy
Violate expectations
Disloyal
Pride / arrogant
Reject feedback
Cite:
The Seven Habits of Highly Effective People
by Stephen Covey
DEPOSITS
1.
2.
3.
4.
5.
6.
7.
Seek first to understand
Keep promises
Kindness, courtesy
Clarify expectations
Loyalty to those absent
Apologies
Open to feedback
REQUIREMENTS FOR
CHANGE

Desire: A person will not desire change unless the present
circumstances are uncomfortable.

Voice: A person will more readily accept and work toward change when
they have a voice – ownership. Relevancy of services and clear
objectives are important.

Opportunity: Where and how can their strengths be honed? We need to
assist them in garnering resources that can lead to ASSETS.

Tools: WE, with their extended family, kin-like family, and their community
are their tools.

Support: Developing a circle of care that they can tap into after the system
departs reduces recidivism. Support is relational.

Empowerment: Removing impediments from the family’s road to success.
What, then, does all this mean for
OUR GOALS?
What does this research mean for our
responsibility to:
 PROVIDE FOR THE CHILD’S BESTS
INTERESTS ?
 TO REUNIFY AND PRESERVE THE FAMILY?
 TO ENSURE PERMANENCY ?
The Answer: We must change
OUR way of being…..
DEPENDENCY MEDIATION
and
FAMILY GROUP DECISION MAKING
IS THE PRACTICAL APPLICATION OF:
Strength Based Practices
Servant Leadership
Developmental Assets
Resiliency Development in Children and Families
Research on Poverty
•Review the following and see how the themes from the
research resonate in the principles and practice of
Family Group Decision Making !
DEPENDENCY MEDIATION
AND
FAMILY GROUP DECISION MAKING
These practices are the synthesis of the research.
In the family conference:
Assets are built.
Resiliency is addressed and reinforced.
Servant leadership occurs.
Resources are restored.
Barriers imposed by poverty are overcome.
True Empowerment is built.
Diversity and culture are protected.
DEPENDENCY MEDIATION AND FGDM are
not programs. They are a practice – a “new way
of being”.
THE FRAMEWORK
Dependency Mediation and FGDM are:
 Family centered
 Strengths and community based.
 They recognize that families have strengths and have
the most information to make well informed
decisions.
 Families have the responsibility and ability to care for
and provide a sense of identity for their children.
 Each encourages families to connect with their
community.
FGDM and Dependency Mediation
promote cultural awareness.
An understanding diversity and inclusion are central to
the operation of a more effective Dependency
system.
Family Group Decision Making, Dependency Mediation
(facilitation), and other similar practices recognize
that each family has a culture that must be respected.
By incorporating the extended family and community
into the process the system adapts to the cultural
norms of each family. The traditions, ethnic, and
child’s identification to his or her culture is protected
and not tarnished by the system.
Mediation and FGDM also offer other benefits:



FGDM conferences result in the resolution
of a family’s collateral issues. For example,
families often address visitation, clothing
needs, family reunions, and other shared
responsibilities.
FGDM aids in the development of a child’s
(and family’s) social capital.
If a parent must lose a relationship to
maintain change, then FGDM can be used
to create a new community of care.
Principles of Family
Conferencing
At the core of Family Support Conferencing and
CHINS mediation are the following principles:
 “Families have strengths and can change.” They
deserve respect. Families have wisdom and solutions.
Families and communities are our best resource.”
 “Strengths are what ultimately resolve issues or
concerns.” It is important to set up opportunities for
families to show their strengths.”
 “Strengths are discovered through listening,
noticing, and paying attention to people.”
Principles of Family Conferencing,
con’t.
 People gain a sense of hope when they are listened
to.”
 “People are more inclined to listen to others if they
are listened to.”
 “Options are preferable to advice. They provide
choices and, therefore, empower.”
 “A consultant is more helpful than a dictator.”
Quoted from Innovations for Children’s Services for the 21st Century: Family Group Decision
Making and Patch, by Lisa Merkel
Holguin, Amy Printz Winterfield, Carol J. Harper, Nancy A. Coburn and John D. Fluke,
American Humane Association, Children’s
Division, (1997), page 16, in referencing research by Graber, Keys and White, 1996.)
Breaking the Glass Barrier
 Often a barrier exists that prevents the
extended family from taking action. FGDM
and Dependency Mediation breaks the wall
that the parent has constructed to keep the
family out.
 Often times the extended family is the best
ally for enforcement.
DEPENDENCY MEDIATION
FACILITATION
The Journal of the American Academy of
Matrimonial Lawyers (Vol. 16, 1999) notes that
mediation will take us back to our roots as a
juvenile court.
“Although perhaps not foreseen by its Illinois
founders in 1899, ADR …[mediation]… was
essential to the foundation upon which the
juvenile court movement was based.”
The Journal of the American Academy of
Matrimonial Lawyers, con’t.
The journal authors recognize that the traditional
adversarial legal process has never been
regarded as the most appropriate means to
determine the best interests of the children.
“Therefore, it is natural that the court would
begin to look for a process that benefits the
court, but also continues to serve the best
interests of the children.” (Ibid)
Mediation / facilitation provides an opportunity
for parents to be empowered to determine the
solutions to their problems.
From the Journal of American Academy of
Matrimonial Lawyers the following benefits of
mediation are noted:
 WHEN PARENTS AND CHILDREN GET A VOICE IN
DECISIONS THEY ARE MORE LIKELY TO
COMPLY;
 TREATMENT CAN BEGIN QUICKER BECAUSE
THERE IS LESS PASSIVE RESISTANCE; AND
 THERE IS A TIME AND COSTS SAVINGS.
RULES OF FGDM &
FACILITATION
The most important rule is that FGDM
and Mediation requires that ALL parties
adapt / change / make concessions.
This is NOT just another way to enforce
the will of the bureaucracy on the family.
THE RULES DO NOT REQUIRE THAT:
 The Court abdicate its role as the final
arbitrator.
 Nor must a case worker yield to the parents
against that which is in the best interests of
the child.
ULTIMATELY, THE COURT MUST RULE
TO MEET THE CHILD’S BEST INTERESTS.
A brief overview of the process in
FGDM and Dependency Mediation
IDENTIFY THE PROBLEM Reach an agreement on
the issues of the case.
IDENTIFY THE GOAL
Agree to the goals for the family.
PLAN BACKWARDS TO DEVELOP
A PLAN TO SOLVE THE PROBLEMS
AND MEET THE GOALS Agree to the services the family
needs to solve the problems and meet their goals.
PRESENT THE PLAN / AGREEMENTS TO THE COURT FOR
ITS APPROVAL .
The Environment should also change
SOME THOUGHTS ON BENEFITS
BY USING THIS PRACTICE
 There is a long term
cost savings:
 Factfindings can
be reduced.
 Greater
Compliance
 More family
placements
OTHER BENEFITS OF THIS
REFORM
 REASONABLE EFFORTS – Facilitation
is a reasonable effort.
 Ownership = greater compliance.
 Asset Building in the children.
 The individual culture of the family is
respected.
 Partnership created with the family.
OTHER BENEFITS…..
 Increase in reunification and relative placements,
successful and timely permanency plans, increase
compliance to federal regulations – CFSR.
 In the long run the judge’s job is easier. Courtroom
strife and heartfelt decisions are reduced.
 If a case proceeds to termination, you know that all
other avenues have been exhausted.
OTHER BENEFITS…..
 You are doing the right thing.
 Judicial stress reducer
 Good politics:




Family supportive
Child protection
Fear and accusation of the secret court process
is reduced.
Culturally positive – the system is eventually seen
in a better light.
Benefits, con’t.
 Sense of future for family.
 A good court record.
 Knowledge of and a relationship with other
appropriate family members for a possible
concurrent plan for permanency.
Where FGDM can be used:
 As a preventative step to avoid the need for
court intervention in a dependency case.
 Permanency Planning.
 Transition from assisted living to create new
communities of care.
 Truancy and school behavior issues.
BUT beware of the naysayers:
There are some who would try to stop the process:
Parents
Judicial
Many are dependent on
the system. Making decisions
Being held accountable is a
foreign concept.
“The Court is a reactive agent
not a proactive agent.”
We don’t have the docket time.
FGDM/ FACILITATION
Family
Social Services
There may be a family member
Who’s power is adversely impacted
by FGDM.
Social services have been built
on the idea that they know
best. This process impacts
power and turf.
Myths, Concerns, Frustration
Obstacles always accompany any change.
Objections to strength based practices,
especially family group decision making,
family conferencing, and dependency
mediation come in the following:
Time * The Messy Living Room * Control
Myths, Concerns, Frustration
TIME
Conferencing takes too much
time.
We can and do
accomplish the same result in
our meetings.
When the
lawyers meet outside the
courtroom many of the
differences can be efficiently
addressed.
Caseworkers,
teachers,
courts have limited time to do
what we have to do. We can’t
take on one more part of an
already overburdened process.
MESSY
CONTROL
These families are very
dysfunctional.
They often
don’t trust us.
Extended
families
complicate
the
process. The at-risk model is
neat and efficient:
In their dysfunction the family is
not positioned to understand
what is needed to correct their
situation. Professional
intervention is needed. The
extended family helped create
the problem they cannot be
trusted to resolve it.
What is my role in
conferencing?
What is my career purpose if
people are resilient enough not
to need me to solve their
problems for them?
Identify the problem.
Develop a plan .
Implement the plan.
If the problem is not
resolved, remove the
problem.
RESPONSE
Actually, this process moves
the child to a final
resolution more quickly than
the conventional system.
More time is spent on the
“front end”. However, with
greater buy in by the family
a case can move more
quickly to permanency.
What is the more
important? OUR TIME or
the NEEDS OF A CHILD
OR A FAMILY ?
WHAT HAS PRIORITY THE PERSON?
OR
THE CLOCK ?
.
It is only in the messy
living room is life
experienced. Ministry
only happens when the
distractions, the
naysayers, the problems,
the fears, the supports,
the hopes, the dreams,
and the love are
all laid out.
To help someone, is not
simple. Relationships are
messy.
Sound bites may win
campaigns ,but they never
create effective policy.
Our role is to equip, to vision,
to be the visionary for the family.
Our purpose is to remove the
dross from the gold.
Our duty is to find and point the
family in the direction of their
strengths; to empower them to
heal and to grow.
CONSIDER THIS:
If we just enter and fix “them”, how can they be held
responsible for their success or failure?
Our true role is to equip, to vision, to empower.
When Family Group Decision Making is employed:
If they succeed, the family will have identified and built on their
strengths. Their change will be influenced by their hearts and
minds – not by the temporary presence of authority.
If they fail, the failure is the result of their action and a solid basis is
therefore laid for an alternative permanency plan.
CONTACT INFORMATION
 Judge Charles F. Pratt
[email protected]
 Kathleen Rusher
[email protected]
Telephone 260-449-3574