“I didn't Know You were Fighting So Hard for me”: Attorneys' Perceptions of Youth Participation in Child Dependency Proceedings

This study examined attorneys' perceptions of youth participation in child dependency proceedings. Surveys and semi‐structured interviews were conducted with attorneys who represent adolescents in child dependency proceedings. Three dimensions of participation were identified: receiving information, providing information, and self‐advocacy. Barriers to youth participation included individual‐level factors, such as the youth or the attorney not wanting the youth to attend, and system‐level factors, such as the scheduling of court hearings, large caseloads, long waits, and cases being adjourned multiple times. Recommendations for enhancing youth participation in child dependency proceedings are presented.     

A Coordinated Approach to Improving Outcomes for Substance‐Abusing Families in Juvenile Dependency Court

This paper describes a coordinated approach to providing enhanced services for substance‐abusing families in the juvenile dependency court. The enhanced services consisted of an interagency collaborative model including the Department of Social Services, Court Appointed Special Advocates, Public Health Nurses, and Family Support Specialists. The purpose of the intervention was to increase the likelihood of family reunification. Families were randomly assigned to either the enhanced services (N=48) or to a regular services group (N=41). Variables included social background factors, data related to court hearings and court orders, and final court outcomes regarding placement and custody. Significant factors predicting final placement of the child were completion of court ordered programs, a stable home, and mothers' cooperation and motivation. Families who received the enhanced services had significantly higher rates of reunification of children with parents.     

A New Method of Assessing Judicial Workload in Juvenile Dependency Cases

This article describes a new method for calculating judicial workload in dependency or child abuse and neglect cases. In contrast to traditional judicial workload methods, the method described herein produces estimates of judicial workload that take into account the complex role of the juvenile dependency court judge—a role that includes both on‐ and off‐the‐bench activities. The method provides workload estimates that give guidance to courts not only about the minimally sufficient judicial resources needed to accommodate current caseload needs, but also what level of judicial resources would be required to hold substantive dependency court hearings that comport with nationally recognized practice recommendations. The article reviews commonly used judicial workload methods, outlines the new method, and uses a pilot of the method as an example of how the method works in practice. Broader implications of this workload method are also discussed.     

Transforming Teens: Measuring the Effects of Restorative Justice Principles in a Teen Court Setting

This paper examines the impact of restorative justice principles in a teen court setting. Specifically, our research attempts to quantitatively measure learning of certain restorative justice principles through the teen court process by comparing matched, pre‐ and post‐survey responses to questions involving the adolescent's ability to understand their crime as a violation of relationships within their community, as opposed to merely a violation of law. Qualitative responses regarding the efficacy of the teen court program from both teen participants and their parents are also examined in the context of restorative justice principles. Finally, the efficacy of the teen court model is discussed in terms of recidivism rates compared to teens who do not experience the teen court process.     

Healing Families: An Outcome Evaluation of a Community Family Court

In this paper, a model community family court program that seeks to break the intergenerational cycle of crime and substance abuse by treating families holistically will be presented. This model court seeks to reduce crime and provide safe and permanent homes for children of substance‐abusing parents. In this community family court, the prototypical problem‐solving court has been both focused and expanded. The community family court provides a focused response designed to address the unique combination of problems facing families on a family‐by‐family basis. At the same time, supervision and treatment services have been expanded to include every family member and all open court cases including criminal charges, juvenile delinquency, dependency, and civil cases. An overview of the court's evolution and discussion of integrated services designed to provide a wraparound style intervention will be highlighted as key contributors to the largely positive results of this community family court's evaluation.     

PARENTS BEYOND CONFLICT WORKSHOP

This article reviews a program designed in response to high-conflict parents who have protracted family law cases and have been referred to dependency court due to child abuse allegations.     

A Prospective Longitudinal Study of Teen Court's Impact on Offending Youths' Behavior

Although teen court is the fastest growing alternative processing model in juvenile justice, there has been little systematic investigation of offenders' impressions of the process and no attempt to measure changes in delinquent behavior. This study employed a prospective longitudinal design to measure several impressions of teen court using a questionnaire, and changes in self‐reported delinquency using the YSR and CBCL. Impressions of teen court did not predict compliance with the teen court sentence or lower risk of recidivism once demographic and prior delinquency were taken into account, although delinquent behavior did decrease between intake and six months for boys, who reported more delinquent behavior at intake. Interpretation of these results involves teen court's location at the soft end of juvenile justice. Implications for net‐widening and changing not‐so‐delinquent youths' behavior are central to this discussion.     

Domestic violence and dependency courts: the Greenbook demonstration experience

This field study reports on a cross-site evaluation of dependency courts in communities receiving federal funding to implement the Greenbook initiative, a multisite demonstration for community improvement of coordinated responses to families victimized by domestic violence and child maltreatment. This article focuses on the dependency court, where child maltreatment cases are heard, specifically court participation in collaborative activities and court practice improvements. Findings indicate that perceptions of judicial leadership varied considerably by site. Cross-training appeared to increase over time, particularly with court staff. Collaborative efforts emerged across the Greenbook initiative with regard to the courts, and some innovative practices appeared within Greenbook sites, such as separate case plans for perpetrators and victims of violence in families, reducing the likelihood of controversial failure to protect charges. Results also highlight challenges inherent in changing court practices. Research and practice implications are discussed, focusing on relevance to other communities attempting to work collaboratively with the court system.     

COMPARING DELINQUENCY CAREERS IN COURT RECORDS AND SELF‐REPORTS*

Most knowledge about delinquency careers is derived from official records. The main aim of this paper is to compare conclusions about delinquency careers derived from court referrals with conclusions derived from self‐reports. Data are analyzed from the Seattle Social Development Project, which is a prospective longitudinal survey of 808 youths. Annual court and self‐report data were available from age 11 to age 17 for eight offenses. The prevalence of offending increased with age, in both court referrals and self‐reports. There was a sharp increase in the prevalence of court referrals between ages 12 and 13, probably because of the reluctance of the juvenile justice system to deal with very young offenders. The individual offending frequency increased with age in self‐reports, but it stayed constant in court referrals, probably because of limitations on the annual number of referrals per offender. There was significant continuity in offending in both court referrals and self‐reports, but continuity was greater in court referrals. The concentration of offending (and the importance of chronic offenders) was greater in self‐reports. An early age of onset predicted a large number of offenses in both self‐reports and court referrals. However, an early onset predicted a high rate of offending in court referrals but not in self‐reports, possibly because very young offenders who were referred to court were an extreme group. About 37% of offenders and 3% of offenses led to a court referral. The more frequent offenders were less likely to be referred to court after each offense, but most of them were referred to court sooner or later. There was a sharp increase between ages 12 and 13 in the probability of an offender and an offense leading to a court referral. It is concluded that criminal career research based on self‐reports sometimes yields different conclusions compared with research based on official records.     

Predicting batterer recidivism five years after community intervention

The purpose of this study was to examine batterer recidivism rates 5 years after community intervention and to determine differences that discriminate between recidivists and nonrecidivists. Of the 100 men included in the sample, 40% were identified as recidivists because they were either convicted of domestic assault, the subject of an order for protection, or a police suspect for domestic assault. A discriminant analysis was conducted using a variety of background and intervention variables. Five variables were selected that significantly discriminated between recidivists and nonrecidivists and correctly classified 60.6% of the cases. Men who had been abusive for a shorter duration prior to the program, court ordered to have a chemical dependency evaluation, in chemical dependency treatment, abused as children, and previously convicted for nonassault crimes were more likely to be recidivists. Variables relating to intervention did not significantly predict recidivism. Implications for community intervention programs are discussed.     

Perspectives on Therapeutic Jurisprudence in Dependency Court in Cases Involving Battered Mothers

A qualitative study was conducted involving clients, victim advocates, and judges participating in one of Miami‐Dade County's (Florida) “therapeutic” juvenile court based programs, the Dependency Court Intervention Program for Family Violence (DCIPFV). The primary objective of this study was to assess how battered mothers’ perceptions of the dependency court judges’ actions impacted the women's motivation to take appropriate actions to promote their own, and their child(ren)'s safety.     

How the Framework of Implementation Science Guided an Evidence‐Based Dependency Parenting Program Initiative in Florida

In Florida, like most states, many of the parenting programs that are being utilized with families in the dependency system are non‐evidence based, and fail to provide quantifiable data on parent progress during and after completion of the programs. Providing pertinent information in court on parents’ progress in a parenting program, as opposed to simply monitoring attendance, is a growing need voiced by dependency judges and child welfare case management professionals. Clear, reliable information related to parenting skills acquisition and insight can help to ensure that families involved in the child welfare system have access to quality services that improve outcomes for their children. The purpose of this paper is to detail how a statewide initiative to increase the number of Florida circuits providing evidence‐based parenting programs to their clients utilized implementation science to guide their process, and the degree to which the participating circuits achieved full implementation of evidence‐based parenting programs.     

It's just so difficult to get anything done: Teen mental health in the family court setting

Navigating the family court setting to protect teen mental health, meet teens' mental health needs, and promote resilience and coping skills is challenging. We have tools that can help us meet that challenge. That toolkit includes: expanding who is involved in the work to develop a parenting plan or treatment plan; not reducing the case to a one-dimensional fact pattern; restructuring family court proceedings for ongoing problem-solving, providing protections for the teen's privacy; using consensual dispute resolution and adjudication on parallel tracks; and educating the decision makers through expert declarations and Brandeis briefs (even at the trial court level).     

Forgotten Children of Immigration and Family Law: How The Absence of Legal Aid Affects Children in the United States

The absence of government‐appointed legal counsel in immigration proceedings adversely affects large numbers of children in the United States. Children born in the United States to parents without citizenship status (U.S.‐born children of noncitizen parents or UCNP) are harmed by a parent's detention and removal. Unaccompanied alien children (UAC) who have entered the country without legal status are adversely affected by their own detention and removal. The possibility of obtaining relief from removal is drastically diminished by the lack of legal representation. Currently UAC and immigrant parents are not entitled to court‐appointed attorneys. Any meaningful change in immigration law, such as a federal statutory amendment to provide UAC and immigrant parents with government‐appointed counsel is unlikely due to the present political dissension in Congress regarding this issue. Because UAC and immigrant parents are not entitled to government‐funded legal representation, a pro bono legal service system has developed, but is unable to meet the present need adequately. For immigrant parents, this Note proposes the adoption of a statute to allow the appointment of court liaisons in family court proceedings. The court liaison is a nonattorney who is familiar with the processes of the family court and ensures that immigrant parents are fully informed regarding all pertinent family court proceedings. For UAC, this Note proposes an amendment to the William Wilberforce Trafficking Victims Protection Reauthorization Act to mandate the appointment of a child advocate to all UAC. The child advocate is not a lawyer, but works with the UAC's attorney to provide the child with legal representation and advocacy.

Key Points for the Family Court Community:
• UCNP confront the loss of parents to detention and removal. Children are condemned to limbo, torn between absent biological parents and placement in foster care.
• The recent surge in the number of UAC who enter the United States by crossing the border from Mexico has been described as a humanitarian crisis. These children often remain alone without legal protection, vulnerable to detention and removal.
• Ideally, UAC and the immigrant parents would be provided with government‐funded legal representation in immigration proceedings. In the absence of the federal statutory reform necessary to make that a reality, state statutory reform to allow for the provision of court liaison programs for immigrant parents and federal statutory reform to allow the appointment of child advocates for UAC can begin to offer children and families needed legal support and advocacy.

     

Family Conferencing: A Success for Our Children

Model Courts, assisted by the National Council of Juvenile and Family Court Judges, employ innovative best practices to better achieve permanency of children in the dependency system as required by the Adoption and Safe Families Act (ASFA). Family Group Decision‐Making Conferencing has been used in the Miami Model Court since 1998. The judge chooses cases at the initial detention hearing, and parents must agree to the procedure. A Department of Children and Families social worker facilitates a well‐planned meeting between parents and their families and friends where parents' case plans are developed for the court to approve. In an evaluation of 87 such conferences, the National Council determined that the process has assisted families in identifying strengths and resolving problems. Satisfaction rate of participants was high, and parents became highly motivated. Conferencing produced more timely case processing times and more stable placements. In addition, within Miami's multi‐ethnic and multi‐cultural community, the conferences developed good communication between the generally middle‐class court staff and the primarily poor, immigrant, and native‐born parents.     

EFFECTIVENESS OF DRUG TREATMENT COURTS: EVIDENCE FROM A RANDOMIZED TRIAL*

Research Summary: Study randomly assigned 235 offenders to drug treatment court (DTC) or “treatment as usual.” Analyses of official records collected over a two‐year follow‐up period show that DTC is reducing crime in a population of drug‐addicted offenders. DTC subjects who participated in treatment were significantly less likely to recidivate than were both untreated drug court subjects and control subjects. Policy Implications: Continued enthusiasm for DTCs is warranted. Both sanctions and treatment are important elements of the DTC model. However, DTCs will not necessarily result in cost reductions because DTC and control cases are incarcerated for approximately equal numbers of days. Implementation fidelity is important, and DTCs can be strengthened if they engage a higher percentage of their clients in drug treatment.     

Post-Separation Abuse of Women and their Children: Boundary-Setting and Family Court Utilization among Victimized Mothers

Continued abuse of themselves and their children is a concern for many mothers leaving intimate partner violence (IPV) perpetrating husbands. This research examines women’s responses to abuse committed by ex-husbands with whom they had undergone custody disputes. In-depth, qualitative interviews were conducted with 19 mothers who had divorced IPV-perpetrating husbands between 1 and 3 years prior. Participants were located through publicly available family court divorce records and interviews were examined using analytic induction. Women’s strategies to protect themselves and their children from abuse involved setting boundaries to govern their interactions with ex-husbands. Mothers often turned to family court for assistance in setting boundaries to keep children safe, but found that family court did not respond in ways they believed protected their children. Conversely, when women turned to the justice system for restraining orders or called the police for help against IPV, they generally found the justice system responsive.     

MEDIATION IN THE LOS ANGELES COUNTY SUPERIOR COURT JUVENILE DEPENDENCY COURT

This article presents the results of a 9-month interdisciplinary task force convened to review the mediation process in the juvenile dependency court and to develop guidelines for its operation by the conciliation court, stemming from a grand jury recommendation.     

Best Practices for Serving Traumatized Children and Families

This paper highlights the traumatic impact of child abuse and neglect upon children and adolescents who are commonly seen in court systems. In addition to describing prevalence rates of trauma exposure and psychological reactions among traumatized children, it addresses the need for judges and court personnel to work with children and families in a manner that is sensitive to their traumatic experiences and emphasizes the need for these children to receive the very best evidence‐based care available in order to help them more effectively cope and recover from trauma exposure. Cultural issues and model adaptations are covered in relation to the use of evidence‐based practices with children from various cultural and ethnic backgrounds. Specific recommendations are given to help judges and court personnel become better informed about the use of evidence‐based practices for treating child trauma, enabling them to respond more sensitively and appropriately in these cases.