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ALL RISE! We Are Why Court’s in Session, We Need to be There!
(Youth SHINE Urges - Judges Agree)
FloridasChildrenFirst.org FloridaYouthSHINE.org
MODERATOR: Robin Rosenberg, Florida’s Children First
PANELISTS: Maria Basta, Florida Youth SHINE Judge Alberto Ribas
Magistrate Nancy Wilkov Selena Young, Florida Youth SHINE
All Rise! We are Why Court’s in Session, We Need to Be there!
(Youth SHINE Urges – Judges Agree)
Materials
Page
ACYF-CB-IM-19-03 Engaging, empowering, and utilizing family and
youth voice in all aspects of child welfare.
9
II. Judicial Bench Cards- Engaging Youth in Courtrooms (American
Bar Assoc.)
Older Youth (15-18) 18 Adolescents (12-15) 20 School-Age (5-11) 22
Toddler (3-5) 24 Young Children (Birth-3) 26
III. Documents for Youth
Youth in Court Fact Sheet 27 Hearing Your Voice – Guide to Your
Dependency Court 29 Hearing (ABA, FCF) What’s Happening in
Dependency Court (Office of State Courts Admin.) 51 Dependency
Comic Book (Office of State Courts Admin.) 68
1 1
How Adolescent Brain Science Supports Youth Engagement in Court
Hearings and Case Planning
This guide provides: a basic framework of adolescent brain science,
a legal overview of laws relating to youth engagement in case
planning and court
hearings, and tips for attorneys and judges to engage youth and
support their positive development.
Adolescent Brain Science Overview The Road to Adulthood: Aligning
Child Welfare Practice with Adolescent Brain Development, published
by the Jim Casey Youth Opportunities Initiative of the Annie E.
Casey Foundation, outlines the significant shift in brain
development science. It builds on the findings of a pre- vious Jim
Casey Youth Opportunities Initiative report, The Adolescent Brain.
Building on the previous belief that most brain development happens
before age six, science now shows that in addition to the 0-6
period of development there is another equally significant window
of brain development during adolescence. This creates an
opportunity to support healthy brain development and prepare
adolescents for adulthood.
Federal and state laws increasingly support meaningfully engaging
youth in foster care in their case planning and court hearings.
This
shift over the last decade is largely because of advocacy by youth
with lived experience in foster care. Our understanding of
adolescent brain development and its relationship to engaging youth
in court is also more clearly developed. Adolescent brain science
confirms that mean- ingfully engaging youth in their case planning
and court hearings is critical for the child welfare case and, more
importantly, for their healthy growth and development.
RESOURCE
Video: Promoting Brain Gains for Youth Emerging From Foster Care
For a look at how life opportunities help shape healthy adolescent
brain development and how these opportunities can be compromised
for youth in the child welfare system, watch this short video by
the Annie E. Casey Foundation.
The Science Adolescent brains are malleable. Through brain
processes such as thinking, planning, learning, and acting,
adolescents and caring adults in their lives have the ability to
mold their brains. This ability, known as neuroplasticity, allows
adolescents’ brains to grow, and even heal from earlier traumas,
through experiences such as try- ing new things, making decisions,
learning, and making memories.
The Three “Rs”1 The Road to Adulthood summarizes three major
aspects of the brain that are especially active and rapidly
changing during adolescence, referred to by Dr. Laurence Steinberg
as the “3 Rs”: regulation, relationships, and rewards. The “3 Rs”
provide a framework for understanding: how adolescent brain
development relates to meaningful youth engagement in case planning
and court hearings, and how to best support and advocate for
adolescents.
Regulation: “Neurological research shows us that young people can
evaluate risks as well as adults; however, the intensity of
dopamine—the pleasure chemical—flooding the brains can easily
outweigh consideration of potential negative outcomes. Adolescent
brains rely heavily on the emotional center of the brain for
decision making, so teens are more likely to engage in risky
behavior. However, as adolescents grow into adulthood, their brains
begin to shift from the emotional to the prefrontal
cortex—responsible for regulating impulses, critical thinking and
planning. This means they take context, experience and future
implications into account more when making decisions.”2 Positive
experiences during adolescence can “fortify healthy neural
connections, develop executive function and stimulate learning and
healing.”’3
Practical significance: In foster care, adolescents often face
stressful situations resulting in time-pressured decisions. While
many adolescents make mature decisions when they have ample time to
consult others and return to a calm state (cold cognition), they
are also vul- nerable to making decisions based on emotional
arousal or peer pressure (hot cognition). Examples of hot cognition
situations include experiencing abrupt changes in housing, facing
discrimination, getting in trouble with peers, and feeling blamed.
Court hearings present a “hot cognition” situation if the youth is
not prepared or given adequate time to process a judge’s
decisions.
For a child who has experienced trauma, adequate time for
thoughtful decision making and positive experiences that contradict
the child’s negative expectations are critical to helping the brain
readjust.
Court hearings and case-planning meetings that offer positive
experiences and meaning- ful engagement provide valuable
opportunities to support adolescent brain development and
growth.
Relationships: During adolescence, young people experience
heightened arousal in the brain regions that are sensitive to
social acceptance and rejection. Adolescents are particularly
attuned to emotional cues such as facial expressions. Research
shows adolescents learn more when they are with their friends and
peers. Peer influences can help young people grow to- gether in a
nurturing, positive environment.
3 3
Participating in extracurricular activities, social events, and
other normalizing activities are critical to supporting these peer
relationships.
Promoting visitation and positive interactions with siblings and
family members is also important.
Rewards: “Adolescents are more receptive to reward-based learning
than punishment-based learning. Rewards extend beyond gold stars
and the promise of a new toy. Things such as peer approval,
acceptance, and praise trigger a flood of dopamine into the brain,
reinforcing actions and behavior.”4
Practical significance: Attorneys for youth in foster care can
provide a variety of rewards to adolescent clients to encourage
good decision making and meaningful participation in case planning
and court hearings.
In addition to sincere praise and compliments for their
participation, rewards may in- clude helping them advocate for
increased independence or other experiences adolescents crave, such
as visiting new places, going to places alone, and learning to
drive.
Attorneys can also help advocate for rewards for good decision
making and behavior, such as tangible items like gift cards,
clothes, or other items. Adolescent brain science makes clear that
reward-based learning is more effective than punishment-based
learning.
Authentic Engagement: A Legal Overview Several laws, including most
recently the Family First Prevention Services Act and the
Strengthening Families Act, directly reference the need to involve
youth in case planning and court hearings. Attorneys for
adolescents in foster care should use these laws to guide their
advocacy in court and increase youth engagement. Specifically,
under federal law:
Permanency/transition planning. The court should consult with the
child in an age-ap- propriate manner about proposed permanency and
transition plans. 42 U.S.C.A. § 675(5) (C)(iii).
Case planning. Beginning at age 14, the child welfare agency must
document that the youth is consulted when developing the case plan.
42 U.S.C.A. § 675(5)(C)(iv).
Support people. Beginning at age 14, the youth must be allowed to
involve two individu- als in case planning who are not a foster
parent or part of the casework staff. One of these individuals may
be an advocate on normalcy issues. 42 U.S.C. § 675(5)(C)(iv).
List of rights. Beginning at age 14, youth must be provided a list
of their rights as part of the case-planning process. The list of
rights must be part of the case plan and should address “education,
health, visitation, and court participation,” the right to
discharge documents, and to “stay safe and avoid exploitation.” The
case plan must include a signed acknowledgement that the list of
rights has been received and “explained to the child in an
age-appropriate way.” 42 U.S.C.A. § 675a(b)(1) & (b)(2).
RESOURCE
For more information on laws that support engaging youth in case
planning and court hearings, see:
Quick Reference Guide: Federal Laws Supporting Youth in Foster Care
Transitioning to Adulthood
Issue Brief: The Role of the Court in Implementing the Older Youth
Provisions of the Strengthening Families Act
4 4
Tips for Attorneys on Ensuring Meaningful Engagement How can
attorneys ensure youths’ involvement in case planning and court
hearings is mean- ingful and supports adolescent brain
development?
Consider the 3 Rs when interacting with and advocating for youth.
The “3 Rs Framework” referenced above gives us tools to ensure
court hearings and case-planning meetings are empowering and
engaging for adolescents.
Regulation: Based on our understanding of adolescent brain science,
we know that ade- quately preparing adolescents is key to helping
them make sound decisions. They must have adequate time,
opportunities to consult others, and not be emotionally
aroused.
Relationships: Given the importance of social acceptance and
rejection during adolescence, it is essential that court hearings
and case-planning meetings are sensitive to adolescents’ needs.
Having a “support person,” mentor, or friend might help. Of course,
having a positive relationship with an attorney can help the
adolescent feel supported, not judged. Attorneys should be careful
to align themselves as professional allies, who are there to
support the ado- lescents not reprimand them. Given the importance
of relationships for adolescents, attorneys should consistently ask
about peers and relationships, so they can advocate to support
posi- tive, normalizing interactions.
Rewards: Adolescents are far more receptive to rewards than
punishment. Unfortunately, too often youth in foster care are
punished for typical adolescent behavior. Despite the increas- ing
focus on “normalcy” for adolescents in foster care, attorneys must
be vigilant to focus on reward-based learning and advocate
opportunities to make mistakes without punishment. If and when
adolescents make mistakes, attorneys must advocate that they are
not punished differently than their non-foster care peers.
Adolescents in foster care must be allowed to make mistakes without
risk of losing living placements or being denied opportunities to
learn from their mistakes. One way to support this is for attorneys
to help adolescents participate in normalizing activities like
extracurriculars, sleepovers, driving a car, and attending parties.
Another good strategy to prevent youth in foster care from being
unevenly or unfairly disci- plined for typical adolescent behavior
is to “think about how you would handle this if it were your own
child?”
Consider adolescent brain science when engaging youth in court and
case planning. Attorneys must work before, during, and after a
court hearing or case-planning meeting to meaningfully involve
youth and align decisions with adolescent brain science.
Before the Court Hearing or Case-Planning Meeting Prepare the
adolescent. Steps to take:
Explain the youth’s options and invite questions: Before making any
decisions, the at- torney should ensure the youth fully understands
his or her choices. Too often, youth are not aware of available
options, and adults may assume what the youth wants
RESOURCE
Federal law recognizes the need for children in foster care to join
regular childhood activities to promote their healthy development.
For more information and practical guidance on ensuring normalcy
activities for children in foster care, see:
“Judicial Approaches to Promoting Normalcy for Children in Foster
Care” “The Reasonable and Prudent Parent Standard”
5 5
without asking and re-asking. Attorneys must offer several
opportunities for the youth to ask questions, think things over,
and understand what to expect. For example, an attorney for a youth
who is deciding whether to be adopted should explain the legal
significance of the decision and the possible outcomes multiple
times, not just before important court hearings.
Explain court hearing basics: Seemingly basic information, like
what to bring to court, what to wear, who will attend and their
roles, and how long the court hearing will take, are important to
explain so the youth can prepare and visualize the experience ahead
of time.
Help the youth prepare for court participation in advance:
Attorneys must also work with youth to think about what they want
to share in court and how. Some youth may prefer to speak openly,
while others may prefer a smaller meeting with the judge. Some
might prefer to write a letter, or have an attorney speak on their
behalf. The most import- ant thing an attorney can do is prepare
ahead of time, and with full transparency, so youth feel supported
and like equal partners in the process. Youth must feel empowered
to decide what to share, what to request, and the most comfortable
way to do so. Doing this long before the court hearing gives youth
the chance to think things over and ask ques- tions before the
heightened emotional time of hearings. Working with youth to write
an outline of thoughts or questions helps them organize and prepare
in advance.
Make youth feel comfortable: Attorneys should also prepare youth
for court in a com- fortable place, where they can share freely and
not be emotionally aroused. As one adult with experience in foster
care shared, “My attorney didn’t try to talk to me about serious
things at my group home. Instead, she would meet me at Starbucks
where I felt safe and normal.”
Prepare adults in the youth’s life. Educate and discuss adults
about adolescent brain science. In addition to preparing the
client for court, attorneys for youth in foster care should also
educate and discuss adoles- cent brain science with adults who play
a role in the youth’s life, such as parents, judges, caseworkers,
foster parents, and educators. Attorneys should also be proactive
about communicating with other adults in the youth’s life.
During the Court Hearing or Case-Planning Meeting Ensure the youth
feels heard and understood. Youth must have opportunities to
communi- cate directly and ask questions, particularly if they do
not understand something.
RESOURCE
Youth in Court Resources The following written materials offer
guidance and insights on engaging youth in court.
Articles “With Me, Not Without Me: How to Involve Children in
Court” “Seen and Heard: Involving Children in Dependency Court”
“Seen, Heard and Engaged: Children in Dependency Court
Proceedings”
Research & Tools Youth in Court State-by-State Summary New
Jersey Youth Engagement Pilot: Summary Report
For more resources, visit the ABA Center on Children and the Law’s
Youth Engagement Project website.
6 6
Attorneys and judges should avoid legal jargon or acronyms, and
make sure questions are not abstract. An example of an abstract
question is “How well do you get along with your family?” compared
to the more direct, “Do you see your mom and dad? What things do
you like to do with them? Do you wish you could see them more?”5
For all children, but particularly adoles- cents, attorneys and
judges should publicly praise accomplishments, and offer
opportunities for the court to hear about the youth’s needs,
interests, and goals.
After the Court Hearing Review and plan next steps with the
adolescent. At the end of each hearing, attorneys work- ing with
adolescents should:
Ensure the youth understands what was ordered and why. Offer the
opportunity to ask questions, then check in later for additional
questions or clarifications.
Set aside time to meet with the youth to help them process what
happened in court and their emotions.
Check in between hearings to see how the youth is managing
challenges resulting from court orders or changes in circumstances.
Ask the youth about goals and set a timeline for completing them
before the next court hearing.
Encourage the youth to attend the next hearing. Consult with the
youth when setting the time for the next hearing. Tell the youth
what steps must be taken before the next hearing.
Conclusion Meaningfully engaging youth in court hearings and case
planning is not a new concept. Advocacy over the last decade is
resulting in changes to federal law that specifically support
engaging adolescents in foster care. A growing body of scientific
research on adolescent brain development is also informing legal
advocacy and decision making on behalf of youth in foster care.
Youth and young adults with lived experience in foster care have
been telling us what works, and what doesn’t. While the child
welfare and court systems are working hard to better engage and
empower adolescents, many changes are still needed. Attorneys and
judges can make a significant impact, and work as partners with
adolescents in care to support their successful transitions to
adulthood. Endnotes 1. This section is drawn largely from: Annie E.
Casey Foundation. The Road to Adulthood: Aligning Child Welfare
Practice with Adolescent Brain Development, July 22, 2017, 10-11.
2. Ibid. 3. Ibid. 4. Ibid. 5. For more information about
questioning children, see Anne Graffam Walker, Handbook on
Questioning Children: A Linguistic Perspective, 3d ed., ABA Center
on Children and the Law, 2013.
© Copyright 2019, American Bar Association. All rights reserved.
This guide was produced by the ABA Center on Children and the Law,
Youth Engagement Project, Washington, DC,
www.americanbar.org/child. It was funded by the Annie E. Casey
Foundation’s Jim Casey Youth Opportunities Initiative. We thank
them for their support but acknowledge that the findings and
conclusions presented in this guide are those of the author(s)
alone, and do not necessarily reflect the opinions of the
Foundation. Images by Shutterstock. Icons by Freepik from
www.flaticon.com.
RESOURCE
Adolescent Brain Science in Practice The following resources offer
guidance on applying adolescent brain science when engaging youth
in court and case planning.
Adolescent Brain Science Case Scenarios Brain Frames: How Attorneys
Can Engage Youth in Case Planning and Court Hearings
Administration for Children and Families
1. Log No: ACYF-CB-IM-19-03 2. Issuance Date: August 1, 2019
3. Originating Offices: Children’s Bureau
4. Key Words: Family, Children and Youth Voice, Engagement, and
Empowerment; Continuous Quality Improvement; System-Change
Efforts
TO: State, Tribal and Territorial Agencies Administering or
Supervising the Administration of Titles IV-B and IV-E of the
Social Security Act; State and Tribal Courts and Court Improvement
Programs; Community-Based Child Abuse Prevention lead agency and
other prevention partners; and Children’s Justice Act grantees.
SUBJECT: Engaging, empowering, and utilizing family and youth voice
in all aspects of child welfare to drive case planning and system
improvement.
LEGAL AND RELATED: Titles IV-E and IV-B of the Social Security Act
(the Act); and Fostering Connections to Success and Increasing
Adoptions Act of 2008 (P.L. 110-351).
PURPOSE: The purpose of this Information Memorandum (IM) is to
demonstrate that family and youth voice are critical to a
well-functioning child welfare system and to strongly encourage all
public child welfare agencies, dependency courts, and Court
Improvement Programs to work together to ensure that family and
youth voice are central in child welfare program planning and
improvement efforts.
BACKGROUND:
Reshaping Child Welfare in the United States to Focus on
Strengthening Families Through
Primary Prevention of Child Maltreatment The Children’s Bureau (CB)
is actively promoting a vision for child welfare in the United
States that focuses on strengthening families through primary
prevention of child maltreatment. The vision is to create the
conditions for strong, thriving families and communities where
children are free from harm. We have made a call to action for
states and tribes to act on this vision to prevent child
maltreatment and the unnecessary removal of children from their
homes.1 Coordinated and robust efforts are critically important to
strengthening families and preventing both the initial occurrence
of child abuse and neglect and ongoing maltreatment; preventing
unnecessary family disruption; reducing family and child trauma;
interrupting intergenerational cycles of maltreatment; and building
a child welfare system that aligns with these goals. 1 See, for
instance, Information Memorandum ACYF-CB-IM-18-05.
To achieve this vision we must (1) recognize that all within the
child welfare system have an important role to play across the
prevention continuum, (2) improve child welfare practice, and (3)
maximize all available tools and resources to integrate family and
youth voice into the design and operation of the child welfare
system. For the past two years, CB leadership has been regularly
meeting and speaking with parents and youth who are in or have been
in the child welfare system. We have asked families and youth to
describe their experiences with the child welfare system. While
some families and youth provide positive reports of their
interaction with the child welfare system, more typically, the
words they use include, for example, overwhelmed, confused,
voiceless, judged, ashamed, angry and sad. These words are
consistent with findings from stakeholder interviews through Round
3 of the Child and Family Services Reviews.2 Such words should
serve as a wakeup call to the child welfare community and provide
the impetus for collective action to change the way families and
youth experience the child welfare system. It is absolutely
critical to strengthen our efforts to listen to the families and
youth served by the system and integrate their voices into all
aspects of child welfare planning and improvement. Effectively
integrating family and youth voice into child welfare practice can
help: Prevent the initial occurrence of maltreatment and
involvement in the child welfare system
by ensuring that community resources are aligned with what families
and youth tell us they need;
Prevent unnecessary parent child separation; Enhance the engagement
of parents and youth in case planning and service delivery;
Identify family and kinship resources when out of home placement is
necessary; Empower families and youth involved with the system to
determine service needs to expedite
reunification or other permanent, family based solutions; Empower
caregivers to operate in the best interest of the family and youth
by using their
voices and expertise as advocates for the family and child; Ensure
child welfare services build strength and resilience in families
and youth and connect
them to their communities and the supports they need. The CB urges
all child welfare professionals, from investigators and caseworkers
to judges and attorneys, to identify actions that can be put into
place to strengthen the role of family and youth voice.
Family and Youth Voice, Engagement, and Empowerment Defined
Our references to family and youth voice refer to giving families
and youth the opportunity to be heard and to use their input in
making critical decisions that affect their lives. It also refers
to soliciting and using the perceptions, experiences, and
recommendations of families and youth in 2 The Focus on Youth CFSR
Findings: 2015-2017 report presents results from the Child and
Family Services Reviews related to older youth (aged 16–17) in
foster care for the 38 states reviewed during the first 3 years of
Round 3.
child welfare to make system-level improvements. An effective,
transformational system of engaging, empowering, and utilizing
family and youth voice must ensure that engagement occurs at
multiple levels. For more information on terms and concepts used in
this IM, please see Attachment A. Utilizing and integrating family
and youth voice in all aspects of child welfare decision-making is
a strength-based approach to working with families and youth that
can increase engagement and empower families and youth. It is also
a straightforward way to demonstrate respect. Ensuring family and
youth voice further recognizes that families and youth are the
experts on their circumstances and are the individuals most
knowledgeable about solutions that will benefit them. A child
welfare system that is designed to respect and strengthen families
and communities must do more than respond to incidences of
maltreatment. It must also be designed to promote family integrity,
self-sufficiency and the personal agency of families and youth. The
goals of a reimagined child welfare system are to reduce the need
for formal interventions in the lives of families by preventing the
trauma of maltreatment and removal of children from their families.
In order to accomplish these goals, we must understand what
families need to remain strong and healthy. Families and youth are
our best sources of information about the strengths and needs of
their families and communities, yet, historically, we make
decisions and plans in the absence of their input. Moreover, where
input is sought, it may not receive meaningful consideration. We
often make assumptions as a field that solutions reside in services
and programs only, especially those with an evidence base. This may
be true in some situations, but many other families may need
something much more basic, such as concrete supports in a time of
need. Long-standing family teaming models in the field have
demonstrated that shared decision- making and planning approaches
increase engagement by directly involving families and youth in
discussions about their family’s strengths, resources and needs,
and identifying solutions Family and youth voice and choice
encourage investment on the part of families and youth to take
advantage of needed services and supports. Such approaches
recognize personal dignity and increase opportunity to build
relationships of trust between youth, families, and the
professionals that serve them. A key principle of child welfare
practice is creating a helping relationship with those we serve. By
empowering families and youth to make critical decisions in their
lives, and supporting child welfare professionals to honor those
decisions and assist with achieving them, we are investing in the
long-term protective capacities of families and youth and
protective factors within communities. As professionals partner
with families and youth in making sound decisions and accessing
services and supports, they help to build the family’s capacity to
recognize their needs and access appropriate supports once child
welfare is no longer involved.
Benefits from Youth/ Young Adult Voice, Engagement, and
Empowerment
Youth voice has additional tangible benefits for youth and young
adults. Youth voice and choice are critical functions in supporting
adolescent brain development.3 For example, youth voice, 3 Jim
Casey Youth Opportunity Initiative (2011). The Adolescent Brain:
New Research and Its Implications for Young People Transitioning
From Foster Care.
when paired with Positive Youth Development,4 allows youth to
practice critical developmental tasks such as the ability to
envision the future, create, plan, and lead tasks -- all skills to
be practiced in the transition to adulthood.5 Youth voice and
engagement in planning and decision- making are widely regarded as
best practices in meeting the developmental needs of young people
in foster care. In addition to supporting brain development,
encouraging young people to be active participants in planning
their own lives supports development of leadership skills, improves
self-esteem, and helps form critical social connections. Critical
to the promoting and supporting youth voice is the use of
“youth-adult partnership” where adults support youth. Federal
Requirements and Opportunities that Support Family and Youth
Voice
Federal child welfare law and regulation require states and tribes
to involve families, children and youth in their planning and
implementation of services. While many of the requirements for
collaboration and seeking input are tied to specific processes in
the child welfare system, meaningful involvement and engagement
should be ongoing and embedded in all aspects of our work from
individual case planning to system-level improvement. There are two
main requirements for involving families and youth in service
planning and evaluating the functioning of the child welfare
system, as outlined below. Child and Family Services Plans/ Annual
Progress and Services Report States and tribes participating in the
title IV-B and/or the John H. Chafee Foster Care Program for
Successful Transition to Adulthood (the Chafee programs) are
required to develop a Child and Family Services Plan (CFSP),6 a
five-year strategic plan that sets the vision and the goals to be
accomplished to strengthen their child welfare systems.7 After
submitting the five-year CFSP, states and tribes are required to
submit annual updates, called the Annual Progress and Services
Report (APSR). Federal regulations require states and tribes to
engage in substantial, ongoing, and meaningful consultation and
collaboration with families, children and youth as they develop
these plans and reports, and assess progress in meeting goals and
objectives (45 CFR 1357.15 and 1357.16). The CFSP/ APSR process
offers an opportunity over the five years for ongoing engagement
and transparency in the child welfare system as it seeks to achieve
its goals. Child and Family Services Reviews We designed the Child
and Family Services Review (CFSR) process to provide federal
oversight of states’ compliance with titles IV-B and IV-E plan
requirements and to strengthen child welfare programs for improved
child and family outcomes. The third round of the CFSR concluded in
FY 2018 (Round 3) and all states were required to involve
stakeholders other than the title IV-B/IV-E agency in the CFSR
review. Just as federal law requires states and tribes to involve
families, children and youth in individual and system-level case
planning (described 4 Positive Youth Development is “an
intentional, prosocial approach that engages youth within their
communities, schools, organizations, peer groups, and families in a
manner that is productive and constructive; recognizes, utilizes,
and enhances young people’s strengths; and promotes positive
outcomes for young people by providing opportunities, fostering
positive relationships, and furnishing the support needed to build
on their leadership strengths” (Interagency Working Group on Youth
Programs). 5 For more information, see Jim Casey Youth Opportunity
Initiative (2011). The Adolescent Brain: New Research and Its
Implications for Young People Transitioning From Foster Care. 6 The
deadline to submit the CFSP for fiscal years 2020 to 2024 was June
30, 2019. Please see the state or tribal Program Instruction for
more information. 7 See section 432(a)(2) of the Act.
below), CFSR reviewers interview families and youth in order to
understand their perspectives on the case-level outcomes and
practices and on how well the system is functioning as a whole. As
states enter into Program Improvement Plans (PIP) to address areas
needing improvement, states engage again with stakeholders, ideally
including families and youth, to identify improvement strategies.
For more detailed information on areas of family and youth
involvement in the CFSR process, see Attachment B. Title IV-E
Reimbursement for Legal Services for Parents, Children and
Youth
In addition to the CFSP/ APSR and CFSR processes, for those
families and youth who are court- involved, high quality legal
representation and services that benefit the parents, children and
youth are critical to supporting family and youth voice. In
December of 2018, CB revised policy to allow the title IV-E agency
to claim title IV-E administrative costs of independent legal
representation by an attorney for a child who is a candidate for
title IV-E foster care or in foster care, and his/her parents to
prepare for and participate in court proceedings. This change in
policy will help ensure that, among other things, reasonable
efforts are made to prevent removal and finalize the permanency
plan, parents and youth are engaged in and understand their case
plan, and compliance with case plans progress is appropriately
reported.8 Case Planning/ Permanency Plan (sections 471(a)(16),
475(1)(B) and 475(5) of the Act)
For youth, there are other specific federal requirements for child
welfare agencies to involve them in their case planning. For youth
ages 14 or older,9 the case plan, and any revisions to the case
plan must be developed in consultation with the youth. Furthermore,
at their option, youth may select two members (who are not their
foster parent or caseworker) to be a part of the case planning
team.10 This requirement recognizes the importance of youth voice
and the role supportive adults can play in assisting youth to
advocate for themselves and obtain services. For youth ages 14 and
older, the case plan must contain a written description of the
programs and services that will help the youth prepare for the
transition from foster care to a successful adulthood (section
475(1)(D) of the Act). The requirement is part of the case plan and
therefore, the agency consults with the youth and other supportive
adults on the case planning team in determining the services.
Federal law (section 475(5)(C)(iii) of the Act) also requires
procedural safeguards to ensure that in any permanency hearing or
hearing regarding the transition of a child from foster care to a
successful adulthood, the court or administrative body conducting
the hearing consults with the child in an age-appropriate manner
regarding the permanency or transition plan. Effective case
planning and case review involves preparing the youth for the
process and supporting a neutral process that holds adult team
members accountable to following up on agreed upon requests. 8 The
statute at section 474(a)(3) of the Act and regulations at 45 CFR
1356.60(c) specify that Federal financial participation (FFP) is
available at the rate of 50% for administrative expenditures
necessary for the proper and efficient administration of the title
IV-E plan. The title IV-E agency’s representation in judicial
determinations continues to be an allowable administrative cost.
Previous policy prohibited the agency from claiming title IV-E
administrative costs for legal services provided by an attorney
representing a child or parent. See CWPM Q/A 8.1B #30 for more
information. 9 While the requirement applies to youth ages 14 and
older, all children can be involved in the development of their
case plan. We encourage child welfare agencies to involve all
children in their case planning in a developmentally appropriate
manner. 10 The statute also specifies that the State agency may
reject an individual selected by a child to be a member of the case
planning team at any time if the State has good cause to believe
that the individual would not act in the best interests of the
child.
Transition Planning (section 475(5)(H) of the Act)
The Fostering Connections to Success and Increasing Adoptions Act
of 2008 (P.L. 110-351) amended title IV-E to create a requirement
for child welfare agencies to develop a transition plan during the
90-day period before the youth attains age 18 (or later if the
state has federally extended foster care). The transition plan must
be personalized at the direction of the youth and include specific
options regarding housing, health insurance, education, local
opportunities for mentors and continuing support services,
workforce supports, employment services, and the importance of
designating a health care proxy (section 475(5)(H) of the Act).
Call to Action to Integrate Family and Youth Voice into Child
Welfare Processes
CB leadership has spent a significant amount of time in the field
speaking with parents and youth with lived experience in the child
welfare system. CB also participated in numerous conversations with
states, counties, constituency groups and programs to understand
their work, strategies and the outcomes they are achieving. The
purpose of these efforts has been to learn how parents and youth
believe the child welfare system can be improved to be more
inclusive of their wishes, responsive to their feedback, and
involved in program planning and improvement.11 The following
principles have emerged as critical to increase the prominence and
impact of family and youth voice in the child welfare system. When
reviewing the principles below, we ask that agencies conduct an
internal/ external assessment on how well they have implemented the
following principles or the steps needed to implement.
Prioritize Family and Youth Voice. It is critical for all agencies,
organizations and providers that work with families and youth
across the public and private sectors to explicitly commit to
listening to parents and youth and acting on the knowledge and
information parents and youth with lived experience offer. Leaders
in child welfare from agencies, courts, advocacy groups and others
should regularly meet with families and youth; visit children and
youth, and caregivers; attend court; and listen to child welfare
professionals about family and youth service needs. Hiring family
members and youth with lived experience into leadership positions
at the agency, county, and state level is an important way to
ensure a representative12 voice in every aspect of the child
welfare system. If there are not formal processes or structures for
families and youth to provide input and feedback at various levels
of the child welfare system, creating those forums should be a
priority.
11 We would like to thank the countless individuals who trusted CB
with their thoughts, stories, experiences, and recommendations to
improve the child welfare system. Without their voices, this IM
would not be possible. We would also like to thank following
agencies and organizations for sharing their insight as they work
to fundamentally change child welfare to ensure all families and
youth are engaged, empowered, and their voices utilized including:
the child waiver demonstration projects in Kentucky and Oregon;
Colorado’s Youth At-Risk of Homelessness discretionary youth work
(90CA1836); Jim Casey’s Youth Opportunities Initiative; FosterClub;
and the National Youth in Transition Database Young Adult Reviewer
Program. 12 A “representative voice” is one where families and
youth with lived experience are not expected to make
recommendations solely on their experience in the child welfare
system. Instead, individuals are connected to networks of
individuals and groups to understand the various experiences others
have had and their specific recommendations. It should be noted
that these individuals are not a substitute for engagement of a
larger group of individuals, but instead signify a method to ensure
family and youth voice at every meeting and the ability to
influence decision-making. They also provide a conduit back to
family and youth stakeholder groups to communicate changes, why
decisions were made, and opportunities for follow-up.
Work with Families and Youth to Co-Create a Clear Vision of
Honoring Family and
Youth Voice. One powerful way to ensure that family and youth voice
are central in guiding program planning and improvement is to work
directly with parents, youth and caregivers to co-create a vision
for how the work should be done.
Challenge the Inherent Power Dynamic between the Agency and
Families. Often, when agencies seek to engage children, youth and
families, it is without acknowledging the power dynamic between the
agency and those who are experiencing the child welfare system. We
should recognize the implicit biases13 that may exist within the
child welfare system that may stand in the way of full family and
youth engagement. Without addressing such biases, it is difficult
to change the culture or system to allow for family and youth voice
to be heard and honored. While trying to make decisions in the best
interests of those involved, we may inadvertently and
unintentionally disempower families and youth if decisions are not
made in consultation with the family or youth. When the courts are
involved, the disempowerment may be magnified.
Change the Words We Use to Describe Parents, Youth and Caregivers.
We should acknowledge and be mindful that the words we use to
describe parents, youth and caregivers carry connotations and can
either support or disempower parents and youth. For example, using
terms such as: child/ youth (instead of foster child/ foster
youth); parent (instead of birth parent); resource family (instead
of foster parent/foster family); family or youth (instead of client
or consumer); and family (instead of case) can ensure that we
humanize individuals, send affirming and respectful messages, and
support a strength base and family supportive system. Words can
help signal respect and reinforce worth and personal dignity, or
reinforce negative perceptions and feelings.
Ensure that all Parents and Youth have High Quality Legal
Representation at All Stages
of Child Welfare Proceedings. High quality legal representation is
a powerful tool for parent and youth voice.14 Attorneys that
directly represent the expressed interest of their families and
children have the ability to file petitions to access court
processes at any point where a parent or youth has a concern or
need that is unaddressed. For very young children, best interest
attorneys may similarly file motions to promote a child’s well-
being.
High quality legal representation requires that attorneys spend
time with the individuals they represent outside of court to
understand their strengths, needs and resources. It requires
attorneys to work with parents and youth to identify and advocate
for services
13 Each system should engage in intentional conversations about the
inherent biases in their system held by caseworkers, supervisors,
the courts, and others (including families and youth). The
following is a sample of common biases regarding families:
individuals can’t or won’t change; if families truly loved their
children they would make different choices; parents must “prove”
themselves before reunification; visitation with children should be
a reward for case plan compliance; foster parents provide better;
parents should be silent in court; and children are better off with
their mothers than fathers. Common biases about youth include:
evaluating youth as “doing okay” or are “making poor decisions”
based on a set of external behaviors; the youth’s behavior
determines the opportunities or services they get; adults know
better what youth should do; youth shouldn’t remain in contact with
their biological families because they are a bad influence; youth
are destined to recreate the family situation they’ve experienced;
young parents can’t provide for their children; and after age 18
youth don’t need support and should learn how to do it themselves.
14 See ACF-ACYF-CB-IM-17-02 for more information.
and supports and to ensure that parents and youth understand their
rights and the complicated processes that directly affect their
lives and well-being. Legal representation is also associated with
increased parent and youth engagement, increased feelings of
fairness in court proceedings, expedited reunification, and more
detailed and specific case plans that outline responsibilities for
all parties. Attorneys can also provide legal services to remove
obstacles for families and youth that may leave them more
vulnerable of entering the child welfare system, such as housing,
educational advocacy, employment, paternity and other civil legal
issues.
Invest in Peer-led and Supported Services. People who have
previously received services and supports provided by the child
welfare agency can be a powerful resource for families currently
going through the process. Programs such as parent partners15,16
and youth advocates17 provide mechanisms to prepare and support
family and youth voice. Families and youth may be more receptive
when they are supported by those with lived experience, and peers
can help to translate the child welfare system. Hearing from
someone who has gone through the system and is able to share how
the system affected their lives can be a powerful source of
peer-to-peer support. It can help parents and youth better
understand what to expect from the child welfare system and reduce
the stress and anxiety of uncertainty in difficult times.
Enhance the Capacity of the Workforce to Hear and Act on Voice.
Over the last few
years, child welfare agencies have used coaching of social workers
and other professionals as a method to improve child welfare
practice. When combined with high quality training, coaching can
increase the skills needed to support family and youth voice, such
as active listening and reflection. Child welfare agencies who are
working to embed family and youth voice report that they have
created intentional methods of coaching and feedback, including
“learning communities,” to embrace and implement processes for
using family and youth voice in the system. In these learning
communities, social workers and other partners can process their
work to ensure bias is overcome and that they are implementing the
beliefs and values of the “best system.”
Establish Feedback Loops for Continuous Quality Improvement.
Changing large systems relies, in part, on the ability to measure
change and create a system of accountability. A critical part of
any Continuous Quality Improvement (CQI) system has feedback loops
as a central feature. Families and youth are increasingly asked to
provide recommendations to child welfare agencies as part of system
improvement work; however, it may not be as common for such groups
to be told if and how that input has been used to change policy,
practice, or service provision. Having a CQI process that includes
systematic feedback to those providing input and direction can
address this concern.
15 Parent Partners are fathers, mothers, and other adults in a
parenting role with prior child welfare experience who are selected
and trained to provide peer-to-peer support to parents currently
involved with the system. Some programs call them parent partners,
while others call them family partners, parent advocates, family
allies, or parent mentors. Please see the Parent Partner Program
Navigator and Parent Partner Program Manual for more information.
16 Examples of parent partner/ navigator programs include:
Allegheny Family Network’s Children, Youth, And Families (CYF)
Partnership (Alleghany County, PA); Iowa; Oregon; and in Washington
State. 17 Youth Advocates is a term for youth/ young adults with
lived experience who work with other youth involved in child
welfare. Examples of Youth Programs include those in Allegheny
County, PA; Alameda County, CA; and Westchester County, NY.
Inquiries To: CB Regional Program Managers /s/
Jerry Milner Acting Commissioner Administration on Children, Youth
and
Families
Disclaimer: Information Memoranda (IMs) provide information or
recommendations to states, Indian tribes, grantees, and others on a
variety of child welfare issues. IMs do not establish requirements
or supersede existing laws or official guidance.
Attachment A: Levels of Engagement Defined & Terms and
Concepts
Attachment B: Family and Youth Involvement in the Child and Family
Services Review Process (CFSR)
Attachment C: Regional Program Managers
Engaging Older Adolescents (ages 16+) in the courtroom
judici al b enc h c ard 1
american bar association center on children and the law bar-youth
empowerment project national child welfare resource center on legal
and judicial issues
Document court actions Document in the court order:
• If the youth is present, have him identify himself on the
record.
• OR if the youth is not present, address the reasons why the youth
is not in attendance.
• What efforts were made and the accommodations offered to
encourage the youth’s attendance.
• Explore and encourage resolution of common reasons for
nonattendance, including interference with the school schedule and
transportation issues.
• In the absence of exceptional circumstances, postpone the hearing
until the youth can be present.
• Request a current picture that will be introduced into the
record.2
Communicate with the youth during the court hearing • Use
age-appropriate language.3
• Talk with the youth about his interests, likes, and
dislikes.
• If helpful, offer to have a conversation in chambers, making sure
it complies with all procedural rules.
• Provide an age-appropriate list of legal terms to the youth
before court to which he may refer during the hearing.4
• Avoid legal jargon and acronyms.
• Ask directed questions.5
• Encourage the youth to ask questions, particularly if he doesn’t
understand a question or statement.
• Recognize cultural differences in language.
• Publicly praise the youth’s accomplishments.
Observe the youth’s behavior and appearance • Observe the youth’s
interaction with caregivers, parents, and guardians.
• Does the youth look to them for help, support, advice,
etc.?
• Observe the youth’s physical appearance and health.
• Is the youth appropriately dressed?
• Does the youth look well-nourished?
• Does the youth have appropriate personal hygiene?
Preparations for court attendance • Ensure that your courtroom is
teen friendly.6
• Ensure all children are accompanied by a support person at the
hearing such as the foster parents, CASA, mentor, coach, or other
adult role model.
• Have the agency invite the youth to submit report cards, let-
ters, drawings, stories, poems, or other age-appropriate mate-
rials periodically. Refer to anything previously submitted.
• Read anything that the youth gives to the court while the youth
is present.
• When appropriate, ask for the youth’s input and opinions.
• Talk with the youth about permanency options.7
• Review the outcome of the hearing with the youth and answer any
questions (or ensure that someone else will do so).
• Ensure the youth understands what was ordered and why.
• When appropriate, share court documents with the youth.8
• Ask the youth what he wants to accomplish before the next
hearing.
• Consult with the youth and his caregiver when scheduling the next
hearing so it does not interfere with the youth’s normal daily
routine, including school.
• Keep a school district calendar on the bench to ensure there are
no conflicts with state standardized tests.
1 This bench card was created to assist judges when a child is
present in the courtroom. It does not include what information the
judge should require from additional parties, such as a report from
the child’s therapist about the child’s mental health status.
2 The social worker or caregiver can provide the court with a
picture.
3 Older adolescents can understand more complex concepts.
4 See Andrea Khoury, With Me, Not Without Me: How to Involve
Children in Court, Child Law Practice, Vol. 26, No. 9 (November
2007).
5 Where do you want to live? What do you like about your home? Do
you know why you live away from home? Do you see your mom and dad?
What things do you like to do with them? Do you wish you could see
them more?
6 It may be necessary to address issues related to the youth’s
safety at the courthouse and the appropriateness of courtroom
waiting areas. Judges may find it beneficial to have
age-appropriate games and books available.
7 Questions that address permanency may include: Who do you spend
most of your time with? Over the holidays, who do you spend time
with? Is there a relative that you are close to? Is there a close
family friend that you like to spend time with? Do you know what
adoption is? Do you want to be adopted?
8 Sharing court documents increases awareness and gives the youth a
sense of control.
• Thank the youth for coming to court.
• Encourage the youth to attend the next hearing.
• Ask the youth whether he has any last questions, thoughts, or
concerns.
Possible questions to ask the youth • Who is your favorite teacher?
Why?
• Do you participate in sports or other extracurricular
activities?
• Is there anyone helping you with vocational or college appli-
cations?9
• When will you graduate?
• Do you have an interest in the military?
• Do you have a mentor?
• Do you have someone you can call at anytime?
• Who do you rely on if you need help?
• Do you drive?
• Do you have a job?
Copyright © 2008 American Bar Association
The views expressed herein have not been approved by the House of
Delegates or the Board of Governors of the American Bar Association
and, accordingly, should not be con- strued as representing the
policy of the American Bar Association, Casey Family Programs, or
the Eckerd Family Foundation. Reprints encouraged with appropriate
attribution. None of the reproduced material may be sold or
included as part of a for-profit transac- tion. Youth illustrations
and graphic design by Kimberly Ridge, Hasten Design Studio, Inc.,
Washington, DC.
For more information, see
http://www.abanet.org/child/empowerment/home.html.
This publication was made possible in collaboration with Casey
Family Programs, whose mission is to provide, improve – and
ultimately prevent the need for – foster care.
9 For a more detailed list of questions to ask regarding school and
related issues, see National Council of Juvenile and Family Court
Judges, Asking the Right Questions: A Judicial Checklist to Ensure
That the Educational Needs of Children and Youth in Foster Care Are
Being Addressed (2005). Other resources to address education issues
can be found at the Legal Center for Foster Care & Education
website, www.abanet.org/child/education, and in the Legal Center’s
recent publication, Blueprint for Change: Education Success for
Children in Foster Care, available at
www.abanet.org/child/education/blueprint.
Engaging Adolescents (ages 12-15) in the courtroom
j udici al b enc h c ard 1
american bar association center on children and the law bar-youth
empowerment project national child welfare resource center on legal
and judicial issues
Document court actions Document in the court order:
• If the youth is present, have him identify himself on the
record.
• OR if the youth is not present, address the reasons why the youth
is not in attendance.
• What efforts were made and the accommodations offered to
encourage the youth’s attendance.
• Explore and encourage resolution of common reasons for
nonattendance, including interference with the school schedule and
transportation issues.
• In the absence of exceptional circumstances, postpone the hearing
until the youth can be present.
• Request a current picture that will be introduced into the
record.2
Communicate with the youth during the court hearing • Keep language
simple and age appropriate.
• Talk with the youth about his interests, likes, and
dislikes.
• If helpful, offer to have a conversation in chambers, making sure
it complies with all procedural rules.
• Provide an age-appropriate list of legal terms to the child
before court to which he may refer during the hearing.3
• Avoid legal jargon and acronyms.
• Encourage the youth to ask questions, particularly if he doesn’t
understand a question or statement.
• Recognize cultural differences in language.
• Avoid abstract questions.4
• Ask directed questions.5
• Publicly praise the youth’s accomplishments.
Observe the youth’s behavior and appearance • Observe the youth’s
interaction with caregivers, parents, and guardians.
• Does the youth look to them for help, support, advice,
etc.?
• Observe the youth’s physical appearance and health.
• Is the youth appropriately dressed?
• Does the youth look well-nourished?
• Does the youth have appropriate personal hygiene?
Preparations for court attendance • Ensure that your courtroom is
teen friendly.6
• Ensure all children are accompanied by a support person at the
hearing such as the foster parents, CASA, mentor, coach, or other
adult role model.
• Provide the youth with a task (e.g., taking notes) during the
hearing.7
• Have the agency encourage the youth to submit report cards,
letters, or other age-appropriate materials periodically. Refer to
anything previously submitted.
• Read anything that the youth gives to the court while the youth
is present.
• When appropriate, ask for the youth’s input and opinions.
• Review the outcome of the hearing with the youth and answer any
questions (or ensure that someone else will do so).
• Ensure the youth understands what was ordered and why.
• When appropriate, share court documents with the youth.8
• Ask the youth what he wants to accomplish before the next
hearing.
• Consult with the youth and his caregiver when scheduling the next
hearing so it does not interfere with the youth’s normal daily
routine, including school.
1 This bench card was created to assist judges when a child is
present in the courtroom. It does not include what information the
judge should require from additional parties, such as a report from
the child’s therapist about the child’s mental health status.
2 The social worker or caregiver can provide the court with a
picture.
3 See Andrea Khoury, With Me, Not Without Me: How to Involve
Children in Court, Child Law Practice, Vol. 26, No. 9 (November
2007).
4 An example of an abstract question is “How well do you get along
with your family?”
5 Where do you want to live? What do you like about your home? Do
you know why you live away from home? Do you see your mom and dad?
What things do you like to do with them? Do you wish you could see
them more? For more information about ques- tioning children, see
Anne Graffam Walker, Handbook on Questioning Children: A Linguistic
Perspective (ABA Center on Children and the Law 2d ed. 1999).
6 It may be necessary to address issues related to the youth’s
safety at the courthouse and the appropriateness of courtroom
waiting areas. Judges may find it beneficial to have
age-appropriate games and books available.
7 Performing the task should be presented to the youth as an option
and solely for his benefit. Performing the task may help the youth
to focus attention and dissipate anxiety.
8 Sharing documents increases awareness and gives the youth a sense
of control.
• Keep a school district calendar on the bench to ensure there are
no conflicts with state standardized tests.
• Thank the youth for coming to court. Reward even the smallest
attempt at participation.9
• Encourage the youth to attend the next hearing.
• Ask the youth whether he has any last questions, thoughts, or
concerns.
Possible questions to ask the youth • How old are you?
• What do you like (or not like) about where you are staying
now?
• Do you see your mom and dad?
• Do you miss anyone? Provide options, e.g., brothers, sisters,
grandparents.
• Where do you go to school?10
• What grade are you in?
• Who are some of your friends?
• What courses are you taking?
• Who is your favorite teacher?
• Do you participate in any extracurricular activities?
• Have you thought about a career or what you want to do when you
finish school?
• Are you having any problems in school?
• Do you have a tutor?
• What do you do on the weekends?
Copyright © 2008 American Bar Association
The views expressed herein have not been approved by the House of
Delegates or the Board of Governors of the American Bar Association
and, accordingly, should not be con- strued as representing the
policy of the American Bar Association, Casey Family Programs, or
the Eckerd Family Foundation. Reprints encouraged with appropriate
attribution. None of the reproduced material may be sold or
included as part of a for-profit transac- tion. Youth illustrations
and graphic design by Kimberly Ridge, Hasten Design Studio, Inc.,
Washington, DC.
For more information, see
http://www.abanet.org/child/empowerment/home.html.
This publication was made possible in collaboration with Casey
Family Programs, whose mission is to provide, improve – and
ultimately prevent the need for – foster care.
9 Rewarding all attempts at participation adds to the youth’s sense
of control and self-con- fidence.
10 For a more detailed list of questions to ask regarding school
and related issues, see National Council of Juvenile and Family
Court Judges, Asking The Right Questions: A Judicial Checklist to
Ensure That The Educational Needs of Children and Youth in Foster
Care Are Being Addressed (2005). Other resources to address
education issues can be found at the Legal Center for Foster Care
& Education website, www.abanet.org/child/education, and in the
Legal Center’s recent publication, Blueprint For Change: Education
Success For Children in Foster Care, available at
www.abanet.org/child/education/blueprint.
Engaging School-Age Children (ages 5-11)
j udici al b enc h c ard 1
american bar association center on children and the law bar-youth
empowerment project national child welfare resource center on legal
and judicial issues
in the courtroom
Document court actions Document in the court order:
• If the child is present, have him identify himself on the
record.
• OR if the child is not present, address the reasons why the child
is not in attendance.
• What efforts were made and the accommodations offered to
encourage the child’s attendance.
• Explore and encourage resolution of common reasons for
nonattendance, including interference with the school schedule and
transportation issues.
• Depending on the situation, consider postponing the hearing until
the child can be present.
• Request a current picture that will be introduced into the
record.2
Communicate with the child during the hearing • Keep language
simple and age appropriate.
• Talk with the child about his interests, likes, and
dislikes.
• If helpful, offer to have a conversation in chambers, making sure
it complies with all procedural rules.
• Provide an age-appropriate list of legal terms to the child
before court to which he may refer during the hearing.3
• Avoid legal jargon and acronyms.
• Encourage the child to ask questions, particularly if he doesn’t
understand a question or statement.
• Answer one question at a time.
• Recognize cultural differences in language.
• Avoid abstract questions.4 Recognize that school-age children
usually answer questions literally. For example: Q: Are you in
school now? A: No. The child may be referring to where she is right
now (the courtroom) instead of the broader question
of whether she attends school.
• Publicly praise the child’s accomplishments.
Observe the child’s behavior and appearance • Observe the child’s
interaction with caregivers, parents, and guardians.5
• Does the child look to them for help, support, advice,
etc.?
• Observe the child’s physical appearance and health.
• Is the child appropriately dressed?
• Does the child look well-nourished?
• Does the child have appropriate personal hygiene?
• Observe the child’s body language.
• Be mindful of signs that the child may be frustrated or
overwhelmed.6
Preparations for court appearance • Ensure that your courtroom is
child friendly.7
• Ensure all children are accompanied by a support person at the
hearing such as a foster parent, CASA, mentor, coach, or other
adult role model.
• Have the agency encourage the child to submit report cards,
letters, drawings, or other age-appropriate materials periodi-
cally. Refer to anything previously submitted.
• Read anything that the child gives to the court while the child
is present.
• Review the outcome of the hearing with the child and answer any
questions (or ensure that someone else will do so).
• Ensure the child understands what was ordered and why.
• If age appropriate, ask the child what he wants to accomplish
before the next hearing.
1 This bench card was created to assist judges when a child is
present in the courtroom. It does not include what information the
judge should require from additional parties, such as a report from
the child’s therapist about the child’s mental health status.
2 The social worker or caregiver can provide the court with a
picture.
3 See Andrea Khoury, With Me, Not Without Me: How to Involve
Children in Court, Child Law Practice, Vol. 26, No. 9 (November
2007).
4 An example of an abstract question is “How well do you get along
with your family?” For more information about questioning children,
see Anne Graffam Walker, Handbook on Questioning Children: A
Linguistic Perspective (ABA Center on Children and the Law 2d ed.
1999).
5 Please note that some school-age children act out behaviorally
with those they trust because they feel safe enough to express
their stress, fear, or frustration. The child may also be testing
limits. In addition, changes in a child’s demeanor while answering
ques- tions may have several meanings. For example, a child could
look to an adult for the answer because he is attached to that
adult and wants to please him or her. On the other hand, the same
action can mean that the child is afraid of the adult.
6 Signs may include squirming, lying down, or fussing.
7 It may be necessary to address issues related to the child’s
safety at the courthouse and the appropriateness of courtroom
waiting areas. Judges may find it beneficial to have
age-appropriate toys and books available.
• Consult with the child and his caregiver when scheduling the next
hearing so it does not interfere with the child’s normal daily
routine, including school.
• Keep a school district calendar on the bench to ensure there are
no conflicts with state standardized tests.
• Thank the child for coming to court.
• Encourage the child to attend the next hearing.
• Ask the child whether he has any last questions, thoughts, or
concerns.
Possible questions to ask the child • How old are you?
• What is your best friend’s name?
• What do you like (or not like) about where you are staying
now?
• Do you see your mom and dad?
• Do you miss anyone? Provide options, e.g., brothers, sisters,
grandparents.
• Where do you go to school?
• What grade are you in?
• Who is your favorite teacher?
• Who takes you to school?
• Are you having any problems in school?
• Do you have a tutor?
• What do you like to do before and after school?
Copyright © 2008 American Bar Association
The views expressed herein have not been approved by the House of
Delegates or the Board of Governors of the American Bar Association
and, accordingly, should not be con- strued as representing the
policy of the American Bar Association, Casey Family Programs, or
the Eckerd Family Foundation. Reprints encouraged with appropriate
attribution. None of the reproduced material may be sold or
included as part of a for-profit transac- tion. Youth illustrations
and graphic design by Kimberly Ridge, Hasten Design Studio, Inc.,
Washington, DC.
For more information, see
http://www.abanet.org/child/empowerment/home.html.
This publication was made possible in collaboration with Casey
Family Programs, whose mission is to provide, improve – and
ultimately prevent the need for – foster care.
Engaging Toddlers (ages 1-3) & Preschoolers (ages 3-5)
ju dici al b enc h c ard 1
american bar association center on children and the law bar-youth
empowerment project national child welfare resource center on legal
and judicial issues
in the courtroom
Document court actions Document in the court order:
• If the child is present and verbal, have him identify himself on
the record.
• OR if the child is not present, address the reasons why the child
is not in attendance.
• What efforts were made and the accommodations offered to
encourage the child’s attendance.
• Explore and encourage resolution of transportation issues as a
reason for nonattendance.
• Depending on the situation, consider postponing the hearing until
the child can be present.
• Request a current picture that will be introduced into the
record.2
Communicate with the child during the hearing • Keep language
simple and age appropriate.
• Speak slowly and allow the child time to process the
information.
• Use concrete terms.3
• Use names instead of pronouns.
• Stop at regular intervals to ask the child if he understands and
if he has any questions.
• Ask the child to perform simple age-appropriate tasks (as out-
lined in the Milestone Chart).
Observe the child’s behavior and appearance • How does the child
interact and respond to caregivers, par- ents, and guardians?
• Observe the child’s demeanor when answering the questions (if
verbal).4
• Who does the child look to for help in answering questions?
• Is he scared? Anxious? Avoidant?
• Does he look to the caregiver for the “right” answer?
• Assess whether the child appears healthy and well kept.
• Does the child exhibit appropriate developmental mile-
stones?5
1 This bench card was created to assist judges when a child is
present in the courtroom. It does not include what information the
judge should require from additional parties, such as a report from
the child’s therapist about the child’s mental health status.
2 The social worker or caregiver can provide the court with a
picture.
3 Concrete terms refer to objects or events that are available to
the senses. For example, use “in the backyard” instead of
“area.”
4 Changes in a child’s demeanor while answering questions may have
several meanings. For example, a child could look to an adult for
the answer because he is attached to that adult and wants to please
him or her. On the other hand, the same action can mean that the
child is afraid of the adult. For more information about
questioning children, see Anne Graffam Walker, Handbook on
Questioning Children: A Linguistic Perspective (ABA Center on
Children and the Law 2d ed. 1999).
5 Please refer to the Milestone Chart. For more information about
child development, see Genie Miller Gillespie and Diane Boyd Rauber
(eds.), A Judge’s Guide: Making Child- Centered Decisions in
Custody Cases (ABA Child Custody and Adoption Pro Bono Project and
ABA Center on Children and the Law 2d ed. 2008).
AGE MILESTONES*
12 months Stands alone Can say 1 word Imitates activities
18 months Runs Can remove garment Can point to at least 1 body
part
24 months Jumps up Combines words Puts on clothing
3 years Balances on each foot 1 second Speech all understandable
Can name a friend
4 years Hops Names 4 colors Can copy a cross (+)
5 years Can walk on tiptoes Can draw a person with head, body,
arms, and legs Capable of lacing own shoes
*50% to 90% of children can perform these milestones.
The Milestone Chart was adapted from Hagan JF, Shaw JS, Duncan PM,
eds. 2008. Bright Futures: Guidelines For Health Supervision of
Infants, Children, and Adolescents, Third Edition, Elk Grove
Village, IL: American Academy of Pediatrics and Schor EL, ed. 2004.
Caring For Your School-Age Child, New York: Bantam Books.
Preparations for court attendance • Ensure that your courtroom is
child friendly.6
• Ensure all children are accompanied by a familiar caregiver, such
as a foster parent.
• Consult with the child’s caregiver when scheduling the next
hearing so it does not interfere with the child’s normal daily
routine, e.g., naptime, mealtime, etc.
• If the child is verbal:
• If helpful, offer to have a conversation in chambers, making sure
it complies with all procedural rules.
• Have the agency invite him to submit drawings, cards, or other
age-appropriate materials periodically. Refer to anything
previously submitted.
• Acknowledge anything that the child gives to the court while the
child is present.
• Thank the child for coming to court.
• Encourage the child to attend the next hearing.
• Ask the child whether he has anything to say before the hearing
ends.
Possible questions to ask the child (if child is verbal) • How old
are you?
• Do you like where you are staying now?
• What do you like (not like) about where you are staying now?
Suggest options (e.g., bedroom, pets, people who live there).
• Do you go to preschool or daycare? What things do you like to do
while you are there?
• What kinds of things did you and your mommy (or daddy) do the
last time you saw her (or him)?
• Do you feel sad or miss anyone? Suggest options (e.g., broth-
ers, sisters, grandparents).
• Have you been to the doctor?
• Do you like the doctor?
Possible questions to ask the caregiver about the child • Is the
child forming healthy attachments?7 With whom?
• Is the child meeting developmental milestones?8
Copyright © 2008 American Bar Association
The views expressed herein have not been approved by the House of
Delegates or the Board of Governors of the American Bar Association
and, accordingly, should not be con- strued as representing the
policy of the American Bar Association, Casey Family Programs, or
the Eckerd Family Foundation. Reprints encouraged with appropriate
attribution. None of the reproduced material may be sold or
included as part of a for-profit transac- tion. Youth illustrations
and graphic design by Kimberly Ridge, Hasten Design Studio, Inc.,
Washington, DC.
For more information, see
http://www.abanet.org/child/empowerment/home.html.
This publication was made possible in collaboration with Casey
Family Programs, whose mission is to provide, improve – and
ultimately prevent the need for – foster care.
6 It may be necessary to address issues related to the child’s
safety at the courthouse and the appropriateness of courtroom
waiting areas. Judges may find it beneficial to have
age-appropriate toys and books available.
7 For more information about attachment, see JoAnne Solchany and
Lisa Pilnik, Healthy Attachment for Very Young Children in Foster
Care, Child Law Practice, Vol. 27, No. 6 (August 2008).
8 Please refer to the Milestone Chart.
Engaging Young Children (ages 0-12 mo) in the courtroom
j udici al b enc h c ard 1
american bar association center on children and the law bar-youth
empowerment project national child welfare resource center on legal
and judicial issues
Document court actions Document in the court order:
• Whether the infant is present at the hearing.
• OR if not present, address the reasons why the infant is not in
attendance.
• Ask why the infant is not present and what efforts were made for
the infant’s attendance.
• Explore and encourage resolution of transportation issues as a
reason for nonattendance.
• Depending on the situation, consider postponing the hear- ing
until the infant can be present.
• Request a current picture that will be introduced into the
record.2
Observe the infant’s behavior and appearance • How does the child
interact and respond to caregivers, par-
ents, and guardians?
• Does the child exhibit appropriate developmental
milestones?3
Preparations for court attendance • Ensure that your courtroom is
child friendly.4
• Ensure all children are accompanied by a familiar
caregiver.
Possible questions to ask the caregiver about the infant • Is the
infant forming healthy attachments?5 With whom?
• Is the infant meeting developmental milestones?6
AGE MILESTONES*
2 months Lifts head up 45 degrees Laughs Smiles spontaneously
4 months Rolls over Follows to 180 degrees Turns to rattling
sound
6 months Sits with no support Turns to voice Feeds self
9 months Pulls to stand Says “Dada” and “Mama,” nonspecific Waves
bye-bye
12 months Stands alone Can say 1 word Imitates activities
18 months Runs Can remove garment Can point to at least 1 body
part
*50% to 90% of children can perform these milestones.
1 This bench card was created to assist judges when a child is
present in the courtroom. It does not include what information the
judge should require from additional parties, such as a report from
the child’s therapist about the child’s mental health status.
2 The social worker or caregiver can provide the court with a
picture.
3 Please refer to the Milestone Chart. For more information about
child development, see Genie Miller Gillespie and Diane Boyd Rauber
(eds.), A Judge’s Guide: Making Child- Centered Decisions In
Custody Cases (ABA Child Custody and Adoption Pro Bono Project and
ABA Center on Children and the Law 2d ed. 2008).
4 It may be necessary to address issues related to the infant’s
safety at the courthouse and the appropriateness of courtroom
waiting areas. Judges may find it beneficial to have
age-appropriate toys and books available.
5 For more information about attachment, see JoAnne Solchany and
Lisa Pilnik, Healthy Attachment for Very Young Children in Foster
Care, Child Law Practice, Vol. 27, No. 6 (August 2008).
6 Please refer to the Milestone Chart.
The Milestone Chart was adapted from Hagan JF, Shaw JS, Duncan PM,
eds. 2008. Bright Futures: Guidelines For Health Supervision of
Infants, Children, and Adolescents, Third Edition, Elk Grove
Village, IL: American Academy of Pediatrics and Schor EL, ed. 2004.
Caring For Your School-Age Child, New York: Bantam Books.
Copyright © 2008 American Bar Association
The views expressed herein have not been approved by the House of
Delegates or the Board of Governors of the American Bar Association
and, accordingly, should not be con- strued as representing the
policy of the American Bar Association, Casey Family Programs, or
the Eckerd Family Foundation. Reprints encouraged with appropriate
attribution. None of the reproduced material may be sold or
included as part of a for-profit transac- tion. Youth illustrations
and graphic design by Kimberly Ridge, Hasten Design Studio, Inc.,
Washington, DC.
For more information, see
http://www.abanet.org/child/empowerment/home.html.
This publication was made possible in collaboration with Casey
Family Programs, whose mission is to provide, improve – and
ultimately prevent the need for – foster care.
QQ :: HH OO WW OO LL DD DD OO YY OO UU HH AA VV EE TT OO BB EE TT
OO GG OO TT OO CC OO UU RR TT ?? A: All children can, and should,
go to court. There is no age limit. The judge
has to make important decisions about all children involved in the
case and should get a chance to see them, talk to them, and listen
to them. Judges can learn a lot by watching even little babies
interact with their caregivers, and seeing how they grow between
hearings.
QQ :: EE VV EE RR YY OO NN EE EE LL SS EE HH AA SS AA LL AA WW YY
EE RR ,, CC AA NN II GG EE TT OO NN EE TT OO OO ?? A: Maybe. The
law says you can have a lawyer represent you, but it does not
say that the state has to pay for your lawyer or find one for you.
Your local legal aid or law school clinic might be able to
represent you or find a lawyer for you. If you want a lawyer, you
should ask the court to appoint one for you.
QQ:: HHOOWW DDOO II FFIINNDD OOUUTT WWHHEENN TTHHEE CCOOUURRTT
HHEEAARRIINNGGSS AARREE GGOOIINNGG TTOO TTAAKKEE
PPLLAACCEE?? A: Your attorney, guardian ad litem or caseworker
should make sure that you
get notice of hearings and copies of the pleadings (documents)
filed in your case. Your caregiver is also supposed to get notice
of hearings, so you can check with them as well. If you do not know
when the next hearing is, ask someone. Keep asking until you know
you are getting notice of every hearing.
Many kids in foster care don’t go court to see what is happening in
their case.
Kids have always had the right to go to court. But some people
don’t think kids need to be
there, and others don’t want to make arrangements to get the kids
to court.
Sometimes, kids don’t know about their court hearings, are worried
about missing important activities, are scared of what might happen
or don’t know how they will get to and from court. So far, it has
been up to each judge to even question why the child wasn’t
there.
But starting on June 1, 2012, the rules are going to change! IIff
tthhee cchhiilldd iiss nnoott aatt tthhee hheeaarriinngg,, tthhee
jjuuddggee wwiillll hhaavvee ttoo ffiinndd oouutt wwhhyy.. Then the
judge will have to decide whether it is in the child’s best
interest to postpone the hearing so the child can be there, or to
go ahead without the child.
The purpose of this rule change is to make sure that you attend
your court hearings and that you have a real chance to have the
judge listen to you.
Florida Youth SHINE has been working hard for many years to make
sure that all kids get the chance to see what’s happening and to be
heard. That hard work is paying off!
This Fact Sheet has been prepared by Florida’s Children First and
Florida Youth SHINE
As of June 1, 2012 Florida Rule of Juvenile Procedure 8.255 was
changed to read: RULE 8.255. GENERAL PROVISIONS FOR HEARINGS
(b) Presence of Child. (1) The child has a right to be present at
all hearings.
(2) If the child is present at the hearing, the court may excuse
the child from any portion of the hearing when the court determines
that it would not be in the child’s best interest to remain.
(3) If a child is not present at a hearing, the court shall inquire
and determine the reason for the absence of the child. The court
shall determine whether it is in the best interest of the child to
conduct the hearing without the presence of the child or to
continue the hearing to provide the child an opportunity to be
present at the hearing.
(4) Any party may file a motion to require or excuse the presence
of the child.
FF OO RR MM OO RR EE II NN FF OO RR MM AA TT II OO NN CC OO NN TT
AA CC TT :: fcf@floridaschildrenfirst .org
TTT HHH EEE FFF LLL OOO RRR III DDD AAA SSS UUU PPP RRR EEE MMM EEE
CCC OOO UUU RRR TTT WWW AAA NNN TTT SSS YYY OOO UUU !!!
To Go To Court & Be Heard!
www.floridaschildrenfirst.org www.floridayouthshine.org
QQ .. HH OO WW DD OO II GG EE TT TT OO CC OO UU RR TT ?? A. Let
your Attorney, Guardian ad Litem and/or case worker
know that you want to attend court. Sometimes, the person who looks
after you will bring you to court, but sometimes your case worker
or someone who works with your case worker will bring you to
court.
QQ :: WW HH AA TT HH AA PP PP EE NN SS II FF TT HH EE HH EE AA RR
II NN GG II SS SS CC HH EE DD UU LL EE DD WW HH EE NN II
HH AA VV EE AA NN II MM PP OO RR TT AA NN TT TT EE SS TT ,, FF II
EE LL DD TT RR II PP ,, OO RR AA FF TT EE RR
SS CC HH OO OO LL AA CC TT II VV II TT YY ?? A: Tell your Attorney,
Guardian Ad Litem, Caseworker or
Caregiver about the conflict and ask them to see if the hearing can
be re-scheduled.
QQ :: CC OO UU RR TT II SS RR EE AA LL LL YY FF AA RR AA WW AA YY
,, AA NN DD II HH AA VV EE TT OO MM II SS SS TT OO OO
MM AA NN YY TT HH II NN GG SS TT OO GG EE TT TT HH EE RR EE .. CC
AA NN II PP AA RR TT II CC II PP AA TT EE BB YY
PP HH OO NN EE ?? A: You may be able to attend by phone, Skype or
videoconference.
It is not as good as being there in person, but it’s better than
not attending.
QQ :: II AA MM NN OO TT SS UU RR EE TT HH AA TT II WW AA NN TT TT
OO HH EE AA RR EE VV EE RR YY TT HH II NN GG TT HH AA TT
II SS HH AA PP PP EE NN II NN GG ,, DD OO II HH AA VV EE TT OO SS
TT AA YY II NN TT HH EE WW HH OO LL EE TT II MM EE ?? A: No, you
may leave the courtroom if you are not comfortable. QQ :: WW HH AA
TT II FF II WW AA NN TT TT OO SS TT AA YY TT HH EE WW HH OO LL EE
TT II MM EE ,, BB UU TT OO TT HH EE RR
PP EE OO PP LL EE TT HH II NN KK II SS HH OO UU LL DD NN OO TT BB
EE TT HH EE RR EE ?? A: Any party can ask the judge to send you out
of the courtroom
for parts of the hearing. Usually they do that because they think
you need to be protected from hearing things about your parents. If
you really want to stay, you can try telling the judge why you
think you should stay.
QQ :: II FF II NN DD CC OO UU RR TT VV EE RR YY CC OO NN FF UU SS
II NN GG .. NN OO OO NN EE HH EE LL PP SS MM EE
UU NN DD EE RR SS TT AA NN DD WW HH AA TT II SS HH AA PP PP EE NN
II NN GG ..
A: Just going to court without being prepared is confusing – and
unfair. Ask your Attorney, Guardian ad Litem or Caseworker to talk
to you before the hearing. Find out: the purpose of the hearing,
who is going to be there, what issue the judge is supposed to
decide, what kind of questions you might be asked. After the
hearing is over, ask them to explain what just happened and what
will happen next. If you are upset by what happened in court – ask
for help! Talk to your therapist or other trusted adult – don’t
keep it bottled up.
QQ :: DD OO II HH AA VV EE TT OO GG OO TT OO CC OO UU RR TT II FF
II DD OO NN ’’TT WW AA NN TT TT
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