In Depth

”Courts across the country are focusing on permanence. Some are making strides, but others have much to do. Every part of the system plays an important role in helping children and families find the shortest path to the most appropriate permanency plan.”
— Leslie Starr Heimov, Executive Director, Children’s Law Center of Los Angeles

"Judges make better decisions when children and their families - with adequate legal representation - participate in child welfare proceedings."
— Susan Robinson, child welfare consultant, in Kids not Cases.

Across the nation, courts are working to improve their ability to connect young people with families for life. They are asking important questions: How best to involve youth in decisions about their lives? How to meet the needs of young people, including their need for family? How to create court systems that value outcomes over processes and view young people as individuals, not cases?

Three strategies to answer these questions include:

• Using paralegals to speed permanency outcomes,
• Providing mediation to improve permanency outcomes, and
• Mandating youth involvement through state statutes.

Paralegals Speed Permanence

What if you could reduce the average time between the termination of parental rights (TPR) and the establishment of a new permanency goal from 284 days to 127? What if you could reduce the average time from TPR to adoption from 339 days to 158?

Pennsylvania's Legal Service Initiative (LSI) has done just that by providing paralegals who work on behalf of young people to:

• Locate parents and other potential permanency resources, guided by its Diligent Search Packet
• Prepare court paperwork (including petitions and briefs) and expert witnesses
• Serve as intermediaries between lawyers for youth and caseworkers and supervisors
• Accompany the attorney to court and participate in permanency team meetings

The LSI is funded by the Department of Public Welfare's Statewide Adoption and Permanency Network (SWAN), managed by Diakon Lutheran Social Ministries and Family Design Resources.

Mediation Bypasses Court Delays

The Child Protection Mediation Program serves the 13 courtrooms of the Child Protection Division of Illinois' Circuit Court of Cook County. This program brings together attorneys, caregivers, extended family members, parents, social service professionals, and others in a problem-solving group. These groups often include the young person as well.

The group's goal is to reach agreement on a specific issue, such as determining services, placement, or visitation. Increasingly, groups focus on overcoming barriers to reunification, guardianship, or adoption.

The program is aimed at early referrals, preferably immediately after the initial hearing on temporary custody. Services are offered free to individuals, providers, and attorneys. Early mediation helps in a variety of ways.

• Families better understand each others' roles and responsibilities.
• Professionals learn about possible family or local placements.
• Communication and trust are built between parents and professionals.
• Parents and foster parents have an opportunity to meet and learn about one another.
• Better outcomes are achieved for children, youth, and families.

To date, the mediation program has served more than 2,400 young people through 1,200 mediations.

Learn More:

National Resource Center on Foster Care and Permanency Planning
Toolkit #3: Child Welfare Mediation

Statutes Lead the Way: Requiring Youth Participation

State statutes are a starting point for improving court processes. But statutes aimed at prioritizing permanence also need judicial leadership and strong youth advocates to be effective.

California now requires that youth be involved in their court cases. State law gives youth in foster care the right to:

• attend court hearings and speak to the judge (California Welfare & Institutions Code §16001.9) and
• receive notice of and attend each court hearing (Code § 349).

When a child's sibling is not a party to the proceeding involving the child and the sibling is age 10 or older, notice must be given to the sibling (Code § 290.1-297).

Learn More:

California Youth Connection
"Policy Recommendations to Facilitate Foster Youth Participation in Court Hearings" and "Tips for Attorneys on Preparing Foster Youth to Participate in Court"

The Children's Law Center of Los Angeles

First Star
"A Child's Right to Counsel: National Report Card on Legal Representation of Children"

Miriam Aroni Krinsky and Jennifer Rodriguez
Enhancing Youth Participation in Court Proceedings