Court Improvement Findings and Recommendations
In analyzing the results of their court assessments,
court improvement projects across the country recommended reforms
that are both realistic and systemic. Many reports explored how
factors such as reasonable caseloads for judges and attorneys, quality
of attorney representation and court calendaring of cases influence
the ability of courts to make timely decisions relevant to permanency
planning. They have identified promising, innovative approaches
to expediting the permanency planning process. For instance, Georgia's
advisory committee developed and distributed standards of practice
for judges, attorneys and court personnel working on juvenile cases,
while New Mexico developed a model contract addressing the appointment
and compensation of guardians ad litem. Arkansas also overhauled
its guardian ad litem appointment and compensation system. Several
states such as Maryland have updated or developed new court information
systems to better track their abuse and neglect cases.
Implementation Strategies
Based on their court assessment findings, the states
developed court improvement plans, which they are now implementing
through strategies such as:
- legislation and rule changes,
- improved data collection and technology,
- mediation and diversion,
- regular and mandatory training,
- guidelines, manuals and bench books, and
- pilot or model projects.
As an example, many states focused their efforts
on passing critical legislation after passage of the Adoption and
Safe Families Act of 1997 (ASFA), Pub. L. No. 105-89. Most states
needed to amend their statutes to comply with the Act and its accompanying
regulations. ASFA sets high goals for dependency courts by shortening
deadlines for permanency hearings and imposing new case plan and
review requirements, among other provisions. For instance, states
are now required to provide preadoptive parents and other caregivers
with notice and an opportunity to be heard in all reviews and permanency
hearings.
Legislative efforts supplement and enhance other
court improvement reforms, and state juvenile courts will have the
opportunity to continue their reforms through federal fiscal year
2006 as a result of the program's extension in the Promoting Safe
and Stable Families Amendments of 2001, Pub. L. No. 107-133.
Areas of Reform
Some of the major issues addressed by the state court improvement
projects include:
Timeliness of hearings. Court improvement
projects studied the timeliness of the decision-making process even
before ASFA required permanency planning hearings to be held 12
rather than 18 months after a child is placed into foster care.
As a result, many states streamlined their permanency planning deadlines
through court improvement initiatives. Colorado established an expedited
permanency hearing process for children under six years of age,
and Oregon takes a child's sense of time into account when determining
whether termination of parental rights is appropriate. Furthermore,
many states now give dependency appeals priority or expedite such
appeals.
Quality and depth of hearings.Many
states are exploring whether they comply with judicial practice
guidelines developed by the National Council of Juvenile and Family
Court Judges (Resource Guidelines: Improving Court Practice in
Child Abuse and Neglect Cases, 1995). For instance, through
both legislation and court rules, Illinois has extended its shelter
care hearings to one hour to comply with the standards set forth
in the Guidelines, which specify the issues that should be
covered during each type of hearing.
Many states have also adopted one-family-one-judge
policies to enhance case continuity and consistency. Texas has created
"cluster courts" to improve practices in rural areas of
the state. The cluster courts handle child welfare cases exclusively
and use a traveling judge who hears all the cases within a cluster
of counties.
Quality of legal representation.
Essential to a high functioning court process, the quality of legal
representation is the focus of many states' implementation efforts.
To advocate effectively, attorneys for the child, parents and child
welfare agency must possess sufficient experience and skills to
investigate the circumstances of the case and prepare adequately
for court. They must have a basic understanding of child development
to communicate effectively with their clients, and they must know
which questions to ask in gathering evidence to support their cases.
Many recommendations promote improved training
and increased qualifications of attorneys. Training should be regular
and mandatory and should stress curricula over one-time programs.
Substantive topics should include developments in law as well as
advocacy skills, and lawyers should acquire a basic understanding
of children's linguistic and developmental capabilities.
Some projects recommend legislation to clarify
the duties of counsel for children, parents and agencies. Setting
attorney guidelines or standards of representation, such as maintaining
regular contact with the child client, is one fundamental step toward
achieving competent representation. Several states also advocate
expansion of Court Appointed Special Advocate (CASA) programs and
increased funding to enable more children to receive the benefits
of CASAs, who often only handle a few cases at once and may have
more time to devote to a child's progress.
Judicial training and education.
Success of the court process is often dependent on judges and judicial
officers who are educated on child welfare issues, have previous
experience in the field prior to coming to the bench and have exhibited
leadership and commitment to improving the lives of children and
families. The level of education and training for juvenile court
practitioners is a primary focus of many court improvement efforts.
Most, if not all, recommend some increased level of regular, long-term
training for new judges, attorneys, case workers and CASA volunteers
to educate them about child welfare law, basic principles of child
development and the court process itself.
Treatment of parties and witnesses.
An additional benefit of improved court proceedings relates directly
to the children and families the courts are intended to serve. The
court's increased ability to communicate effectively with children,
family members and others conveys the message that abuse and neglect
cases are to be taken seriously and children and families are to
be treated with dignity.
Respectful procedures, such as calling parties by name or not making
a family wait for hours before their case is heard, reflect a commitment
to a child-centered process. Child-friendly waiting areas with books
and toys to play with can also have a significant impact on a child's
court experience. The Nevada Family Visiting Project provides age-appropriate
toys and recreational opportunities to children visiting with their
families. Some states have developed materials, including booklets
and videotapes, to explain the court process to parents, older children,
and foster and adoptive parents. New Mexico has developed a handbook
for parents that describes the court process, while New Jersey's
handbook focuses on termination of parental rights proceedings.
Multidisciplinary approaches.Development
of multidisciplinary approaches that emphasize collaboration among
the court, agency and community to address the complex needs of
children and their families is important. Working under the premise
that no single entity can solve all the child welfare system's problems
alone, West Virginia mandated multidisciplinary teams for each county
based on a state-wide model protocol. The team must meet regarding
a child's case within 30 days and must be present for all judicial
reviews. West Virginia's philosophy is based on a "comprehensive
state-wide approach that emphasizes multidisciplinary, community-based
solutions founded in strong judicial leadership and case management,
with clear objectives for families and aggressive advocacy for children."
Successes and Future Potential of Court Improvement
Efforts
One of the most valuable outcomes of the court
improvement program is the ability for states to share information
and replicate the successful reforms and innovative strategies implemented
in other states. While court improvement ultimately will reduce
children's length of stay in foster care, it requires commitment
from practitioners and the community. The strength of the projects
and their resulting reforms depends on the individuals involved
in the process.
How to Contribute to Court Improvement Efforts
To succeed in truly reforming the juvenile court
system, court improvement projects should draw support from those
with a vested interest in the success of the court process. To become
involved, you can:
- Contact the Administrative Office of the Courts
(AOC) in your state to find out the status of the court
improvement project and offer assistance. In most states,
the AOC administers the grant and can provide the most up-to-date
information about project activities
- Determine the composition of the court improvement
advisory committee and contact a member to share your concerns.
The advisory committees are multidisciplinary and should reflect
the spectrum of participants in the court process. Because successful
court improvement depends on broad-based community involvement,
the project may welcome your participation on task forces, work
groups or subcommittees.
- Identify the top priorities facing the court
system, what changes are most important to you and what recommendations
or reforms the state is pursuing in those specific areas.
- Lobby the legislature or judiciary to ensure
reforms happen. Advocate for the recommendations for reform offered
by the court improvement project, and provide formal support for
legislative initiatives.
- Mobilize the support of other advocacy and citizen-based
organizations, including citizen review boards, CASA programs
or teachers' associations.
- Be creative in motivating courts and agencies to improve their
efforts on behalf of children.
The court improvement grants provide states the
opportunity to focus closely on this often neglected area of court
functioning and raise the visibility of children's issues at the
highest levels of state court systems. The challenges facing juvenile
dependency courts-such as efficient case management, reasonable
caseloads and quality legal representation-need immediate and specific
reforms to enable courts to achieve permanency for children placed
in foster care and adoption for those children who cannot safely
return home. The court improvement grants make reform possible by
focusing efforts and resources on moving children through the court
process to legal, permanent placements more quickly.
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