Transcript Seen and Heard - Judge Baker Children's Center

New England
November 2012
Children in the Courtroom
Sounds Good, BUT.....
Margaret A. Burt, Esq.
All I ever wanted was to be
heard and not just
dismissed…
Youth in foster care
Child and Family Service
Improvement Act of 2006
Procedural safeguards to be applied to
assure that 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
Does “consult” mean child has
to be present in court?
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Feds say no – “We do not interpret the
term “consult” to require a court
representative to pose a literal question to
a child or require the physical presence of
the child at a permanency hearing.
However, the child’s views…must be
obtained by the court for consideration
during the hearing.”
Benefits when youth participate…
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Child or Youth may have more sense of
control
Child or Youth may have a better
understanding of the process
Shows Child or Youth that their opinion is
wanted and respected
There may be more information for the
court
OK – this is old stuff to me
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We already know about this and we do try
to bring children and youth to come to
their permanency hearings now
Is bringing children and youth to court
actually the normal expected practice in
your court? Is the child or youth really
participating in a meaningful way or are
things getting in the way of that?
What is really
happening?
Is there a meaningful appearance
by the child or youth?
HANDS UP
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Do children and youth come to their
permanency hearings in your experience?
How frequently?
Does it matter what age the child is?
Are they given an opportunity to speak if
they are there?
How is this done?
Do they actually talk? Do they actually talk
about their own permanency issues and
goals?
What does it look like now in
Your State?
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Who actually decides if child comes?
Who preps child?
How does child “talk” to Judge?
Can child talk privately to the Judge?
Who talks to child after the appearance?
Roles
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How are things explained to the child
about best interests vs the child’s wishes?
Who explains this to the child?
How will child’s opinion be advanced, if
others have different BI position?
Should court and agency also be
concerned ethically or due to IV-E issues if
child’s wishes are presented?
Child Representative’s role when a
youth comes to court
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Inform the court of any issues
Prepare client
Ensure youth is aware of what’s
happening
Allow/Help the youth to speak
Discuss the hearing afterwards
OR – in a particular case, should any of
this be done by caseworker, CASA or
foster parent?
Policy and Practice Considerations
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What are youth’s wishes? How much
before hearing is this ascertained? How
often are we checking to see if it has
changed?
How old is the youth?
What is the developmental level of the
youth?
Will attending court upset the youth?
Policy and Practice Considerations
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Will attending court disrupt the youth’s
routine?
Will court be confusing or boring to the
youth?
Who will transport the youth?
Will the court need additional time for the
hearings?
Assess client preferencesbefore court
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Does child have any preferences that should be
brought to the court’s attention?
Elicit child’s preferences in developmentally
appropriate manner, recheck right before
Make a good faith effort to determine child’s
wishes
Child can but won’t express preference? –
determine if child wants their representative to:
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Be decision maker
Be silent
Express preference only if parent isn’t present
Evidence Issues
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Is what child tells Judge “secret” or does
that violate the parent’s rights? Are
parents attorneys entitled to “cross” the
child?
Is Judge in total control of deciding if child
will come to court and how child will
present ? – preserve for appeal?
What is weight of child’s position?
What could be done about backlash to the
child?
Different Jurisdictions :
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Have the youth present in the court room only
for certain issues like visitation or placement but
exclude for discussions of difficult parental issues
Have the youth talk in chambers - with or
without the lawyers
Present the child’s hearsay statements in court
via written or oral statements from the child’s
representative – with or without the child present
Different Jurisdictions:
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Have “Enhanced Hearings” for older youth
and/or special hearings for youth close to
aging out
Arrange advance visit to the courthouse
Have the youth wait in a special waiting
area for the hearing – food, activities
(obtain community volunteer help)
Have a “birthday” acknowledgement at
court – card, photo, cake (also community
volunteer help)
Different Jurisdictions:
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Allow the child to appear via
teleconference
Had “teen” day at court
Made sure all sibs were at the same time -- or not, if that was seen as an issue
Talked to child/youth individually without
sibs present and then with sibs
Did mock hearing training
Different Jurisdictions
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Put together books at age appropriate
levels
Put together videos – for children and for
attorneys and Judges
Created an older foster care youth or a
prior foster care youth advocate that
would accompany child/youth
Common Issues
Child who says he/she does not want to
come to court at all:
Does not want to come or does not have an
opinion to express?
Why and who is talking to child about it?
Come with a friend
Contact/Invite from the Judge
Letters/ checklist input as an option
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Common Issues:
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There are things that the child should not
hear/know
Really? How do we know that the child
does not already know?
Have child step out of court at this point?
How would this look or be handled?
Common Issues:
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Hearing is at a bad time, or will take too
long:
Can the court be advised in advance that
more time will be needed?
Can hearings be held outside of school
hours?
REALLY???
Common Issues:
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At court child becomes (or we think might
become) very emotional or won’t say
anything at all:
Someone there that the child wants/trusts
Still able to communicate? Use other ways
to communicate – write something out, let
GAL say what child would like said
Is it really our discomfort?
Common Issues
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Child is not supposed to have contact with
the parent
What is reason for the no contact?
Bifurcate the hearing?
Your ideas?
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What has worked for you?
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What are you biggest challenges?
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What training or other things would you
recommend and for who?
Youth should feel that …
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I have the right to:
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Attend all hearings where case is reviewed
Meet with my representative before hearings
Tell my representative where I want to live and what
services I think I need to meet your goals
Have my representative do what is needed to help I
get an appropriate placement and make sure my
needs are met
Have my representative call witnesses to testify for
me or present evidence to the court to support my
position
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Have my representative cross examine witnesses
Have the judge know what I think about my
placement and any needs that I have, including
visitation – not to have visitation used as a
punishment or reward
Have a judge determine if my needs are being met, if
I am in an appropriate placement, and if I am
receiving all the services I need to meet my goals
Have information shared in court be kept confidential
and discussed only with people who need to know
about it to provide me with care and service
Child and Youth at Court?
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This is just too important to go through the
motions or check the box
You cannot know how vital this may be to
the child
It is CRITICAL for the child or youth to see
themselves as a person whose presence
and opinion are valued by everyone in our
system