A sea of change has begun in the nation's dependency court systems. In more and more courtrooms around the country, youth are being called upon to attend and participate in their own court hearings. At a "Conference on Representing children in Families" at the University of Nevada at Las Vegas in January 2006, some of the most important recommendations included that "children should have a right to attend and participate in hearings affecting them." The American Bar Association Standards of Practice for Lawyers Representing a Child in Abuse and Neglect Cases state: "In most circumstances, the child should be present at significant court hearings." Youth groups across the country, like the Elevate2Inspire group, are speaking out and demanding that foster youth be a part of the court process. Judges are reporting that youth participation enhances the decision-making process. What should have been obvious from the beginning is now just becoming accepted. It is fundamental that youth should be involved in the court decisions about their lives.
Because of this growing trend, it is important for foster parents to prepare the youth in their care for court participation. Before any foster parent can effectively prepare a youth for court, the foster parent must recognize the importance of youth participation in the court process. The most frequent excuses for leaving youth out of the court process are rarely valid. Some argue that it is not in the child's best interest to miss school to go to court. No one questions the wisdom of taking a youth out of school for an appointment to have braces adjusted. Who could possibly think that straight teeth are more important to a youth than placement decisions or long-term permanency plans?
A second common excuse is that the youth should not hear reports of the failures of their parents. In most cases, youth are already well aware of the problems, including drugs, alcohol or other issues that led to the removal in the first place. It is healthy for the youth to be aware of the successes as well as the failures of the parents. This helps the youth have a more realistic view of future options and to recognize that the youth is not to be blamed for continued placement. Most importantly, having a role in the decision-making process of his or her life empowers the youth to take a hand in fashioning a successful future.
Once the foster parent understands the importance of youth involvement in the court process, the rest is easy. The first step in preparing a youth for court is to ensure that the youth clearly understands that he or she is entitled, not required, to participate. The youth should be told the date of the hearing well in advance to allow plenty of time for deliberation about the decision to participate. Of course, if the youth has never been to court before, there may be a hesitation for no other reason than a lack of understanding of the right to participate. Encourage the youth to attend and participate in the hearing and explain how important it is for the court to hear directly from him or her rather than to only hear what others have to say. Do not assume that, because a youth elects not to attend one court hearing, he or she does not want to attend any future hearings. The same discussion about the youth's right to participate should be conducted before each hearing.
Everyone is nervous and uncomfortable in unfamiliar settings, and courtroom settings can be unsettling to non-lawyers. It is helpful to take a tour of the courthouse with the youth before the first court appearance to familiarize him or her with the setting. If possible, you should even show the youth the courtroom where the hearing will occur. It is often helpful to have the youth's guardian ad litem, attorney or CASA participate in the courthouse tour. While judges cannot talk to you, the youth, or the guardian ad litem about a particular case, most judges are open to being introduced to a youth in an informal setting. When the youth is introduced to the judge, fears will normally quickly subside. Knowing what the courthouse and courtroom look like and having met the judge, most youth are eager to start being involved in the case.
It is important to dispel any misunderstandings that the youth may have about going to court, and this can only be done if there is a frank discussion with the youth about any fears or concerns that the youth may experience. It is often difficult for adults to understand the misunderstandings that young people may have because of television or other outside factors. One youth explained that, based upon television, she had the belief that, whenever there was a court hearing, someone went to jail. Since she did not want either herself or her parents to go to jail, she was afraid of going to court. Identifying these misconceptions and correcting them can completely dispel the fears and concerns that a youth may have before going to court. Like anyone else, youth need to know what is expected to happen at the court hearing well in advance of the hearing. You should explain what type of hearing is scheduled and what issues are before the court. If you are not sure about this, you should involve the attorney, guardian ad litem or CASA in this discussion. Most youth have watched enough television to be aware of the general rules of court: dress appropriately, stand when the judge enters, wait to be called upon before talking, and be dignified and respectful. A short discussion about these will suffice. Most importantly, emphasize that the court needs to hear from the youth. Tell the youth that this is his or her chance to tell the judge what he or she wants to happen in his or her life. It is also important to emphasize to the youth that the judge makes the decisions in the case and that neither the youth nor any of the lawyers or parties are called upon to do so. Go with the youth to the court hearing. Familiarity is important to dispel fears and apprehension and, because the foster parent is the person who spends the most time with the youth, attendance by the foster parent will allow the youth to relax. Everyone likes to have a safety valve "just in case" and you can provide that mechanism to your foster youth. Your foster youth will be more confident and relaxed with you sitting within reach. Getting to the courthouse early is also a great stress reliever. Arriving in the nick of time does not give the foster youth a chance to catch his or her breath and relax before the hearing begins. Likewise, by arriving early, the youth can see everyone there for the hearing and this eliminates unnecessary stress caused by the unknown.
Finally, when the hearing is over, take some time with the youth to discuss what just happened. Because hearings are often hurried and judges and lawyers often inadvertently use legalistic terms, parties frequently leave hearings wondering what just happened. By clarifying what occurred at the hearing, youth will be more apt to view the court experience as a positive one and elect to take part in their case in future hearings.
ABOUT THE AUTHOR: Jerry Foxhoven is the director of the Joan & Lyle Middleton Center for Children's Rights at the Drake University Law School.
