Model Court Project

Children & Youth in Court

Protocols

November 2012

Permanency Convening

Hon. Ned Gordon, Model Court Lead JudgeMaggie Bishop, DCYF

Marty Sink, CASA of NHKristy Lamont, CIP

Nam dapibus, nisi sit amet pharetra consequat, enim leo tincidunt

nisi, eget sagittis mi tortor quis ipsum.

Court . . . I’m Going

(Link & NH Judicial Branch Website)

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Franklin & Concord Model Court Project

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2008: Selected to be 1 of

32 Model Court projects.

2010: Joined National

Council of Juvenile and

Family Court Judges & ABA

and their commitment to

providing children & youth

an opportunity to

participate in RSA 169-C

court hearings.

Laboratories for Change

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Phase I, June 2011, Franklin & Concord

Phase II, September, 18 Circuit Courts

Phase III, Early 2013, 10 Circuit Courts

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Lessons Learned from Pilot Project

�Children & youth need to have positive & personally meaningful experiences in court

�Enhance children/youth’s feelings of being valued and heard and judge’s understanding of children and youth

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THE JUDGE’S ROLE

• Create letter inviting children and youth to

RSA 169-C abuse/neglect court hearings

that involve their parents. (Sample Letter)

• Decision is for child/youth to make.

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THE JUDGE’S ROLE

� Review Letter, Drawing and/or Photograph Submitted by Child/Youth

� Presume Child/Youth Will Remain for Entire RSA 169-C Court Hearing

� Offer Opportunity for Child/Youth to Meet with Judge (and court staff) Outside Presence of Parties & On the Record 7-EG

THE JUDGE’S ROLE

� Welcome in first 5 minutes the Child/Youth

and Make Him/Her Feel Comfortable

� Engage Child/Youth

� CASA/GAL Court Cover Sheet (Attached Court Report)

� Judicial Bench Cards, ABA, Center on Children & the

Law

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THE COURT STAFF’S ROLE

In-home & Placement Cases

Ongoing & New Cases

ONLY RSA 169-C Cases

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Coordinating the Letter

� Letterhead

� Original signature

� Multiple letters to CASA supervisor/GAL

� NEW CASES – CASA GAL or GAL to personally present the letter before the dispositional hearingbut not until and unless the court makes a finding.

� ONGOING CASES – CASA GAL or GAL to personally present letter as soon as possible and sufficiently in advance of the next scheduled hearing. 10-KL

The Court Staff’s Role

B. Scheduling Hearings, Including When

Children/Youth and Adult Caregivers are

Available

C. Issuing Notice of Hearings to Foster

Parents, Pre-Adoptive Parents and Relative

Caregivers (Family Division Rule & PIP)

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The Court Staff’s Role

D. Responding to Requests to Visit Courthouse

Prior to Hearings & Sponsoring Open Houses

E. Court Security Officers Welcoming Children

& Youth in Court

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Removal Case: If an ex parte order is

issued, the preliminary hearing should be

held no later than 5 days from the date of

the ex parte orders, excluding Saturdays, Sundays and holidays. (RSA 169-C:6-a,III)

Non-Removal Case: If a petition is

filed, the preliminary hearing shall not be

less than 24 hours nor more than 7 days

after return of service of the petition. (RSA 169-C:8,I)

See Protocols for scheduling guidance.

Preliminary

Hearing

Adjudicatory Hearing

In all cases (placement

and non-placement), the

adjudicatory order must

be issued within 60 days from the petition filing.

(RSA 169-C:15,III(d))

Dispositional Hearing

The dispositional hearing shall be held

within 30 days after a finding of abuse or neglect. (RSA 169-C:18,VII)

An appeal may be

taken to the superior

court within 30 days

of the final

dispositional

order. (RSA 169:28,I)

Placement Case: An adjudicatory hearing

must be held and completed within 30 days

from the petition filing. The court may extend

this time limit from within 30 to 60 days if the

court makes a written finding of extraordinary circumstances. (RSA 169-C:15,III(d))

Appeal

Review Hearing

An initial review hearing shall be held

within 3 months of the dispositional

hearing. The court may conduct

additional review hearings on its own

motion or the request of any party at any time. (RSA 169-C:24,I)

Protocols: Review hearings should be

held within 3 and 9 months of the dispositional hearing.

Practice: Review hearings are held

every 3 months until the permanency hearing is held and completed.

Permanency Hearing

Placement Case: The court shall hold and complete a permanency hearing within 12

months of the finding. When placement of a child is subsequent to a finding, the court

shall hold and complete a permanency hearing within 12 months of the date the child enters the out-of-home placement. (RSA 169-C:24-b,I) Practice: 12 months and 1 day!

Post

Permanency Hearing

Placement Case: The court shall hold and complete a

post-permanency hearing within 12 months of the

permanency hearing and every 12 months thereafter as

long as the child remains in an out-of-home placement.

The court may conduct periodic post-permanency hearings

upon its own motion or the request of any party at any time. (RSA 169-C:24-c,I)

Protocols: Post-

permanency hearings should

be held within 2 or 3 months

of the permanency order,

depending on the permanency plan identified.

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Non-Placement: The adjudicatory

hearing must be held and

completed with 60 days from the

petition filing.

(RSA 169-C:15,III(d))

THE CASA/GAL ROLE

Work with Children & Youth14-MS

What the Court

Should Expect - CASA GAL/GAL

CASA/GAL or other GAL will . . .

1. Be well trained regarding the Children & Youth Protocols and fully aware of their significant responsibilities.

2. Ensure the letter from the judge inviting children/youth to court is delivered and thoroughly explained.

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What the Court Should Expect –

CASA GAL/GAL

3. Ensure that the child/youth has the

opportunity to view the video, “Court

. . . I’m Going”.

4. Spend time preparing the child/youth for the courtroom experience.

5.5.5.5. FacilitateFacilitateFacilitateFacilitate other ways the child/youth may participate, when appropriate or necessary.

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CASA GAL or GAL

6. Work with DCYF and caregivers to help coordinate

transportation to court, if necessary.

7. CASA GAL/GAL Cover Sheet attached to court report.

(Handout)

8. Spend time with the child/youth soon after each hearing debriefing/listening.

9. Continue to discuss upcoming hearings and work with the child/youth so he/she feels comfortable and prepared

attending court hearings. 17-MS

DCYF’s Role with Parents, Foster Parents, Pre-

Adoptive Parents and Relative Caregivers

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Parents, Foster Parents, Pre-adoptive

Parents and Relative Caregivers

• Inform about the judge’s letter

• Encourage to be supportive of children/youth

• Prepare to attend court hearings that

children/youth will attend

• Inquire about transporting child/youth

• Provide court with contact information for

notices of upcoming hearings

• De-brief after court hearing about child/youth 19-

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Role of the Caregiver at the Hearing

• In removal cases, the foster parent, pre-adoptive

parent or relative caregiver will be invited to

attend/speak at court hearings or submit a

letter/report.

• This should be focused on the child/youth’s status

rather than advancing a particular position or plan.

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Factors to Consider

• Which adult will be the support person (a party,

foster parent or relative caregiver) in the

courtroom for children if they become disruptive

or upset.

• Consider any emotional reactions of the parties

related to the hearing as this may be the initial

meeting of some of the parties

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De-briefing

Following the hearing:

• Inquire about the adult’s view of the child/youth reaction to the hearing

• Was this positive/negative experience?

• Invite the adult’s thoughts regarding anything that could make this experience even more positive so that the child/youth would attend future hearings

• Remind the parents or caregiver of their continuing opportunity to attend future hearings

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How Are We Doing?

3 Surveys . . .

�Children & Youth 8 Years & Older

�CASA GAL or GAL

�Foster Parents & Relative Caregiver

What Makes This Work?

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�Collaboration

�Communication

�Willingness to Change

Thank You