In Depth

"Children and youth are not served by mere good intentions and kindly judges and lawyers who presume to know best outcomes. Children benefit from lawyers who act like lawyers and judges who believe that due process - not paternalism - is what results in good outcomes."
— Marvin Ventrell, president/CEO, National Association of Counsel for Children

How well are courts doing in ensuring that youth leave foster care with permanent family relationships? We asked legal leaders from across the country to weigh in. They had a variety of opinions about what's working and strong opinions about changes needed to connect youth with families faster and with better outcomes.

Courts Making Progress on Permanence

"There is incredibly inadequate representation of children and youth in foster care. Lawyers do not advocate for permanence for their clients, and in too many cases, judges do not step in to make certain this happens."
— Carole Shauffer, executive director, Youth Law Center

Legal leaders report that the court's understanding of youth permanence is a work in progress. While some courts still focus strictly on safety considerations, others have expanded their view to consider young peoples' need for family. Some have "put a toe in the water" by beginning to review the relationship between court procedures and youth outcomes; for others, the concept of youth permanence is still unfamiliar.

"Youth permanence is the kind of issue that requires a lot of experience and sophistication," says Mark Hardin, child welfare director, American Bar Association Center on Children and the Law. "It's the kind of topic a judge or attorney can master after first mastering a lot of other fundamentals, such as permanence for [younger] children, the basics of child development, the dependency court process, and other issues."

• Data collection and analysis. As courts have become increasingly data-focused, more have begun to track permanency outcomes for youth in foster care. Given the maxim, "what gets measured gets done," new data systems are bringing permanence front and center in many courts across the country.
• Court hearing templates. In New York State, child welfare agencies must now use templates to prepare a "permanency report" for the court. A template also guides the court to address findings to the youth's permanency plan.
• Consideration of permanency needs of youth on probation. Superior Juvenile Court Presiding Judge Denise Whitehead of Fresno County, California, makes sure permanency issues are not overlooked for foster youth on probation. She actively engages youth, family members, and agencies in a full inquiry about the permanency plan for each youth.
• Older youth protocols. Philadelphia courts developed an Older Youth Protocol to structure permanency hearings. It covers a number of issues, including residential stability, permanency planning, and relationship stability. Currently being piloted in a single court room, plans are to expand the protocols to all courts.
• Certification for lawyers. The National Association of Counsel for Children (NACC) now has a Child Welfare Law Specialist Certification Program. Attorneys must meet rigorous requirements, including passing a successful national child welfare law examination. Certification is available in California, Connecticut, the District of Columbia, Iowa, Michigan, New Mexico, North Carolina, and Tennessee. Approximately 100 attorneys are currently certified; another 100 will be certified by the end of 2008.
• Restricting and redefining Another Planned Permanent Living Arrangement (APPLA). New York has mandated that APPLA plans must include a permanency resource. Florida law encourages courts to ensure that APPLA is only chosen in exceptional situations and that, if chosen, there is documentation that enduring relationships, stability, and material support and instruction have been addressed.

What Else Needs Changing?

"If one did not know the purpose of family court, one would think, after observing it, that the goal is to ensure that children are never seen or heard from. There is a callous disregard for children that permeates the behavior of virtually all of the professionals in the family court system."
— Martin Guggenheim, professor, New York University School of Law.

"Dependency courts may see their role as primarily to manage litigation. However, an equally important role is to hold the child welfare agency accountable for achieving permanence for every child and youth in foster care. If courts don't view this role as part of their mission, they are unlikely to focus on it."
— Erik Pitchal, assistant clinical professor of law, Child Advocacy Program, Suffolk University Law School.

"In many cases, youth see the judge as a person of authority who makes things happen. The impact of the judge talking to the youth can have the effect of both making the youth feel important and listened to and feel more accountable for determining the course of his or her life."
— Jennifer Pokempner, supervising attorney, Youth in Transition Project, Juvenile Law Center.

Stride Toward the Future

Courts can more effectively ensure that youth have families. Legal leaders suggest a variety of ways:

• Encourage a strong youth voice by ensuring that youth attend court hearings, have meaningful opportunities to speak with judges, and participate in decision making. States should have legally mandated procedural safeguards that require courts to consult with the young person "in an age-appropriate manner" about his or her permanency plan.
• Improve the quality and availability of youth's legal representation. In some communities, youth are not provided legal representation. Youth who are assigned, and meet with, attorneys are more involved in decision making.
• Reorient family court to a service-oriented environment in which the professionals see their roles as guaranteeing that children, youth, and families are well served, rather than focusing on the needs of judges, attorneys, or agency representatives.
• Provide extensive judicial training on youth permanence and other issues. Training should cover a broad range of different permanency options; discuss availability of financial supports; and address effective ways to engage youth. Judges need ongoing training on the emotional context of youth's lives, their desires for family, and the mandate for courts to be accountable for youth permanence.

Learn More:

Andrea Khoury
"Seen and Heard: Involving Children in the Dependency Court"

The Pew Commission on Children in Foster Care
"Fostering the Future: Safety, Permanence, and Well-Being for Children in Foster Care"