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February 6, 2012

National Task Force Addresses Childhood Violence

The Attorney General’s National Task Force on Children Exposed to Violence will spend the next year examining the extent and nature of the problem of childhood exposure to violence in the United States, and it will identify policies and promising practices to address the problem. Hearings will be held over the next several months in Albuquerque, New Mexico; Miami, Florida; and Detroit, Michigan. The website for the Defending Childhood Task Force has details about the hearings, information about community listening sessions, and other opportunities to give input.

Keywords: litigation, children’s rights, Attorney General, child abuse

— Cathy Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

January 18, 2012

Free Journal Looks at Nonresident Fathers, Child Welfare

The American Humane Association has released the latest issue of Protecting Children for free. The issue, “Bringing Back the Dads: Changing Practices in Child Welfare Systems” [PDF], is a compilation of articles providing a broad range of perspectives on the issues facing nonresident fathers and the child welfare system. This journal, produced with funding from the Administration on Children, Youth, and Families, Children’s Bureau, through the National Quality Improvement Center on Non-Resident Fathers and the Child Welfare System, identifies promising casework, legal and judicial best practices, awareness to reduce barriers to engagement, and policies that impact the engagement of nonresident fathers.

Keywords: litigation, children’s rights, American Humane Association, child welfare

—Howard Davidson, director, ABA Center on Children and the Law

January 3, 2012

Brief Looks at Suicide and Bullying

The Suicide Prevention Resource Center has released Suicide and Bullying: Issue Brief, a brief on the relationship between bullying and suicide, especially as it relates to lesbian, gay, bisexual, and transgendered youth. The brief describes the extent of the problem and identifies strategies for bullying and suicide prevention.

Keywords: litigation, children’s rights, suicide, bullying, LGBT

— Cathy Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

December 14, 2011

ABA Supports Right to Counsel for Indigent Parents

Indigent parent-defendants in abuse or neglect proceedings in which the state is seeking custody of their minor children should have the right to state-provided counsel, according to an American Bar Association (ABA) amicus brief [PDF] filed late Monday with the New Hampshire Supreme Court in In re Christian M. and Alexander M.

Responding to the New Hampshire court’s request for briefs on the ramifications of a decision in these cases, the ABA states that its long history of examining this issue has led it to conclude that the risk of error when indigent parent-defendants are not represented in such matters is so great that fair and equal access to justice requires the appointment of counsel.

A substantial majority of states, either by statute or based on their state constitutions, have recognized an unqualified right to counsel for indigent parent-defendants in child custody proceedings, the brief also notes.

The ABA supports, as a matter of right, the appointment of legal counsel at public expense for low-income persons in adversarial proceedings that involve basic human needs such as shelter, sustenance, safety, health, and child custody.

With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

Keywords: litigation, children’s rights, indigent parents, abuse and neglect

—Ira Pilchen, American Bar Association Communications and Media Relations Division

December 2, 2011

How Washington, D.C., Reformed Its Juvenile-Justice Agency

A new report released by the Moriah Fund, the Carter and Melissa Cafritz Charitable Trust, the Meyer Foundation, and the Public Welfare Foundation shows how a collaborative effort between Washington, D.C., foundations and national funders supported the transformation of the district’s juvenile-justice agency.

The report, Notorious to Notable: The Crucial Role of the Philanthropic Communityin Transforming the Juvenile Justice System in Washington, D.C. [PDF], details how, between 2000 and 2011, the district’s juvenile-justice system went from one of the worst—with a notorious and inhumane juvenile prison, an over-reliance on incarceration, and a dearth of community programs—to one of the highest acclaimed, receiving recognition from Harvard University. The reforms ultimately reduced youth re-offending rates by decreasing the district’s over-reliance on incarceration; closing and replacing Oak Hill with a smaller, homelike facility and an innovative and acclaimed school; and redirecting funding from incarceration to community-based alternatives.

Keywords: litigation; children’s rights; Washington, D.C.; juvenile justice

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

November 22, 2011

School Resource Officers May Over-Criminalize Behavior

The Justice Policy Institute (JPI) recently released a report entitled Education Under Arrest: The Case Against Police In Schools [PDF]. The report compiles information and data that show school resource officers (SROs) needlessly drive up arrests for behavior issues that can, and should, be dealt with inside the school. The report highlights different jurisdictions such as Birmingham, Alabama, where 96 percent of juvenile court referrals for students were for misdemeanor offenses or minor violations. According to the report, a study of sample schools with and without SROs found that schools with an SRO had nearly five times the rate of arrests for disorderly conduct as schools without an SRO.

The JPI report notes that from 2004 to 2007, the number of SROs in schools declined 8.9 percent, while the rate of student-reported crime dropped from 73 per 1,000 in 2003 to 57 per 1,000 in 2007. According to the report, this suggests both that communities are beginning to question the value of SROs and that school safety can be improved without over-criminalizing student misbehavior. Education Under Arrest recommends investing in schools and implementing practices like positive behavioral interventions and social and emotional learning, which results in better outcomes without the negative effects of SROs, which include unnecessary arrests and involvement in the juvenile justice system.

Keywords: litigation, children’s rights, school resource officers, Justice Policy Institute

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

November 22, 2011

Immigrant Children Reportedly Kept from Detained Parents

The Applied Research Center (ARC) recently released a report entitled Shattered Families: The Perilous Intersection of Immigration Enforcement and the Child Welfare System. The report explores the extent to which children in foster care are prevented from uniting with their detained or deported parents and the failures of the child-welfare system to adequately work to reunify these families. According to the report, there are at least 5,100 children currently living in foster care who are prevented from uniting with their detained or deported parents. The report indicates that victims of domestic violence are at particular risk of losing their children.

Once detained immigrant parents lose their children, Immigration and Customs Enforcement (ICE) detention impedes their ability to participate in or complete a child protective services’ plan for family unity. Families also encounter an additional impediment in that most child-welfare departments lack systemic policies to keep families united when parents are detained or deported. The ARC report provides policy recommendations at the federal and state level to protect families from separation and facilitate family unity.

Keywords: litigation, children’s rights, Immigration and Customs Enforcement, Applied Research Center

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

November 10, 2011

Psychotropic Medication Tips for Advocates and Judges

Multiple studies have found that children in foster care are vulnerable to inappropriate or excessive use of psychotropic medication. Advocating for and presiding over cases involving children and teens in foster care who may have mental-health disorders requires a solid understanding of the positive and negative aspects of medication use in this population.

The ABA Center on Children and the Law is pleased to announce the release of “Psychotropic Medication and Children in Foster Care: Tips for Advocates and Judges” [PDF] by JoAnne Solchany, PhD, ARNP. The brief addresses common child and adolescent mental-health diagnoses; a multimodal approach to managing mental-health disorders; the benefits, drawbacks, and side effects of psychotropic medications; recommendations for best practice; and questions judges and advocates should ask about medication use. The brief is free and available online.

Keywords: litigation, children’s rights, psychotropic medication, foster care

—Eva Klain, Esq., Child and Adolescent Health director, ABA Center on Children and the Law

November 7, 2011

Colorado Removes Attorney-Client Privilege in GAL Cases

In People v. Gabriesheski, the Colorado Supreme Court affirmed the role of the guardian ad litem (GAL) in Colorado as an attorney who represents the best interests of the child. In Gabriesheski, the court held that because a child is not the client of the GAL as contemplated by the Colorado Rules of Professional Conduct, an attorney’s duty of confidentiality as set forth in Rule 1.6 does not strictly apply to communications a child has made to a GAL. Similarly, the attorney-client privilege as defined in § 13-90-107(1)(b), C.R.S., does not strictly apply to communications a child makes to a GAL.

The facts of the case are that in 2005, Mark Gabriesheski was accused of assaulting a young girl in his care. Shortly before his trial on sex-assault charges, the girl recanted her statements about the abuse. The prosecutor asked the girl’s GAL to testify about what the girl said to the GAL. Gabriesheski’s attorneys objected to the testimony, saying that it was covered by the attorney-client privilege, and the judge ruled that the GAL could not testify without the girl’s approval, which she refused to give.

Read more in the Denver Post.

Keywords: litigation, children’s rights, Colorado, guardian ad litem, attorney-client privilege

— Cathy Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

October 31, 2011

Webcast Explores Legal Issues for Nonprofits

Meghan Magruder, a working group member of the Children’s Rights Litigation Committee, is a trainer in the Pro Bono Partnership of Atlanta webcast, “Legal Issues for Nonprofits that Work with Children,” which focuses on the common risks for nonprofits that work with children and the methods that can be taken to address these risks.

Keywords: litigation, children’s rights, nonprofits, Pro Bono Partnership of Atlanta, webcasts

— Cathy Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

October 19, 2011

Handbook Offers Tools for Handling Trafficking Victims

The Center for the Human Rights for Children, Loyola University Chicago, and International Organization for Adolescents (IOFA) have released a handbook, Building Child Welfare Response to Child Trafficking [PDF], which focuses on helping child-welfare systems identify and appropriately respond to child trafficking victims. The handbook provides child-welfare systems with a comprehensive framework that can be adapted to local and state policies and procedures. The enclosed toolkit includes a child trafficking screening tool, a section on immigration protections and remedies, and a list of national referral programs and services available to child victims of trafficking. The handbook represents the first stage of a larger, more comprehensive effort to build capacity and expertise about child trafficking within state and private child-welfare agencies.

Keywords: litigation, children’s rights, child trafficking, Center for the Human Rights for Children, Loyola University Chicago, International Organization for Adolescents

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

October 6, 2011

Report Reveals Ineffectiveness of Youth Prisons

The Annie E. Casey Foundation’s new report, No Place for Kids: The Case for Reducing Juvenile Incarceration, focuses on whether incarcerating youth works to reduce future offenses. The research within the report reveals that youth prisons do not reduce future offenses, they waste taxpayer dollars, and they frequently expose youth to dangerous and abusive conditions. The report also shows that many states have substantially reduced their juvenile correctional facility populations in recent years, and it finds that these states have seen no resulting increase in juvenile crime or violence. Finally, the report highlights successful reform efforts from several states and provides recommendations for how states can reduce juvenile incarceration rates and redesign their juvenile-correction systems to better serve young people and the public.

Keywords: litigation, children’s rights, juvenile corrections, youth prisons

— Cathy Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

September 26, 2011

Report Examines Adolescent Neuroscience and Foster Care

A new report from the Jim Casey Youth Opportunities Initiative, The Adolescent Brain: New Research and Its Implications for Young People Transitioning from Foster Care, discusses the neuroscience behind the discovery that in adolescence, the brain experiences a period of major development comparable to that of early childhood. The report goes into great detail examining what this research means for adolescents in foster care and for their transition into adulthood.

The Jim Casey Youth Opportunities Initiative’s mission is to ensure that the young people who leave foster care are able to make successful transitions into adulthood. In an effort to improve the systems that support them, the initiative promotes the strategies of youth voice, community partnerships, research and evaluation, public will and policy, and the creation of a range of opportunities for young people. It works in partnership with communities and states across the country to integrate these strategies into the core work of state child welfare agencies and other strategic allies.

Keywords: litigation, children’s rights, foster care, Jim Casey Youth Opportunities Initiative

— Cathy Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

September 14, 2011

Foster Youth Suit Alleging Ineffective Assistance Dismissed

In the case of E.T. v. Cantil-Sakauye [PDF], the plaintiff foster children appealed the dismissal of their class-action lawsuit under 42 U.S.C. § 1983, in which they allege that the caseloads of the Sacramento County Dependency Court and court-appointed attorneys are so excessive that they violate federal and state constitutional and statutory provisions and in essence deny Sacremento foster youth effective assistance of counsel. The district court abstained from adjudicating, and the U.S. Court of Appeal for the Ninth Circuit affirmed that dismissal.

Keywords: litigation, children’s rights, foster children, Ninth Circuit

— Cathy Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

August 30, 2011

IJA/ABA Standards for Juvenile Justice Are Now Online

The first edition of the Institute of Judicial Administration (IJA)/ABA Standards for Juvenile Justice were written in 1977 and updated in 1982, but they are quite relevant to today’s practice. These comprehensive standards cover issues including adjudication, appeals, court organization, dispositional procedures, juvenile records, and monitoring. The standards also cover recommendations for reform.

This resource is now online, and advocates should take the opportunity to become familiar with these important standards.

Keywords: litigation, children’s rights, Institute of Judicial Administration, Standards for Juvenile Justice

— Cathy Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

August 22, 2011

Guide Supports, Explains Restorative Justice Practices

The Alameda County Health Care Services Agency has just released "Restorative Justice: A Working Guide for Our Schools" [PDF]. The guide seeks to provide support and guidance for teachers, community leaders, and school personnel who wish to implement restorative justice in their schools. It explains restorative practices and supports the promise that standards of punishment and exclusion can be shifted to a new paradigm that embraces healing and inclusion—a necessary shift aimed at reducing the number of students funneled into the school-to-prison pipeline.

Keywords: litigation, children’s rights, restorative justice

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

August 10, 2011

ABA Adopts Model Act on Representation of Children

On August 8, 2011, the ABA House of Delegates adopted the Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Cases [PDF]. The Model Act, sponsored by the Section of Litigation and many other ABA entities, calls for lawyers for children in every abuse, neglect, and dependency matter. What does the Model Act do?

• It requires the appointment of a lawyer for every child and youth in abuse/neglect proceedings. These proceedings dramatically shape a child’s future, as this is where decisions are made that determine where a child lives, with whom a child will live, and whether the child’s parental rights will be continued or terminated.
• It offers a model state statute format that can be adopted by various state legislatures and ensures that states have a model of ethical representation for children that is consistent with the best thinking of national children’s legal experts.
• It gives states holistic and practical guidance on providing lawyers for children by building on the ABA Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases and ABA Policies while incorporating principles from the ABA Model Rules of Professional Conduct.
• It improves the quality of legal representation for children and youth in abuse and neglect cases by setting clear qualifications and performance guidelines.

 

While designed to protect children from abuse and neglect, dependency court proceedings can be intrusive and disruptive to the child and family. The most basic rights and needs of children will be decided by these proceedings, which determine the answer to questions such as:

• Who will their mother, father, or siblings be? Will they visit?
• Where will they live? Where will they go to school?
• Will they be hospitalized? What medications will they take?
• What will the future hold for them?

 

An abuse/neglect case that results in the child’s removal from the home may immediately or ultimately result in the child being thrust into an array of confusing and frightening situations, including movement from home to home with total strangers, group home or institutional commitment, or even locked detention for running away or otherwise violating a court order.

Our notion of basic civil rights demands that children have a trained legal advocate to speak on their behalf and to protect their legal rights, just as they would if they were facing a month in juvenile detention. The Model Act seeks to embed in state law a set of standards, duties, and mechanisms to ensure the provision of high-quality, effective lawyering for children.

In the absence of counsel for children, trial courts lack the information necessary to make what is arguably the most important decision in a child’s life.

Keywords: litigation, children’s rights, ABA House of Delegates, Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Cases

— Cathy Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

July 28, 2011

Tennessee Foster Care System Shows Promising Reform

The national watchdog organization, Children’s Rights, has issued What Works in Child Welfare Reform: Reducing Reliance on Congregate Care in Tennessee [PDF], a report that shows that Tennessee has been able to achieve a substantial decline in the use of congregate care for foster children.

Over the past several years, Tennessee has taken a number of critical steps to improve the lives of foster children. As a result of its efforts, Tennessee has seen an increase in the number of foster youth placed with families. The state’s Department of Children’s Services (DCS) has successfully improved its ability to reserve institutional care only for youth with severe mental and behavioral health needs.

Keywords: litigation, children’s rights, Tennessee, foster care, congregate care

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

July 26, 2011

New Initiative Addresses School-to-Prison Pipeline

Attorney General Eric Holder and Secretary of Education Arne Duncan have announced the launch of the Supportive School Discipline Initiative, a collaborative project between the Department of Justice and the Department of Education. The project will address the “school-to-prison pipeline” and the disciplinary policies and practices that can push students out of school and into the justice system.

Keywords: litigation, children’s rights, school-to-prison pipeline, Supportive School Discipline Initiative

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

July 11, 2011

Wal-Mart Launches Medical-Legal Partnership Program

Wal-Mart has launched a medical-legal partnership program, staffed by its own legal department, to provide free legal services for patients at the Arkansas Children’s Hospital. The program is starting in Wal-Mart’s home state of Arkansas, but there are plans to expand. To learn more about medical-legal partnerships, visit the ABA Medical-Legal Partnerships Pro Bono Support Project webpage.

Keywords: litigation, children’s rights, pro bono, Wal-Mart, ABA Medical-Legal Partnerships Pro Bono Support Project

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

June 17, 2011

Supreme Court Rules on Age and Miranda Custody Analysis

The U.S. Supreme Court has issued a 5–4 decision in J.D.B. v. North Carolina [PDF], which involved answering the question of whether the age of a child subjected to police questioning is relevant to the custody analysis of Miranda v. Arizona.

The majority, written by Justice Sonia Sotomayor, held that a child’s age properly informs the Miranda custody analysis. The Court majority spoke at length about the vulnerability of children and the fact that children cannot be viewed simply as miniature adults. The Court also dwelled strongly on the fact that children will often feel bound to submit to police questioning. The Court referred to “common sense” and “community experience” as factors that make it possible for adults to objectively understand what is expected of children in different situations and indicated that this approach is also warranted when “children are subjected to police questioning.” The Court reversed the North Carolina Supreme Court ruling and remanded the case for proceedings to address the question of whether J.D.B. was in custody when the police interrogated him. Furthermore, the Court directed the state court to take into account all of the relevant circumstances of the interrogation, including J.D.B.’s age at the time.

The dissent opinion, written by Justice Samuel Alito, addressed a concern that the Court was complicating the Miranda equation by allowing a child’s age to properly inform Miranda’s custody analysis. The dissenters contended that, in the future, the Court will have to decide what other “personal characteristics” might make a suspect susceptible to coercion by police, or else adopt an “arbitrary” line that only age counts, with the concern that even that would result in a highly fact-intensive puzzle for police and judges.

The ABA submitted an amicus brief for this case in support of the petitioner, arguing that, based on the developmental characteristics of juveniles, a court’s Miranda custody analysis for people under the age of 18 must include a determination of whether a reasonable person of the same age would have felt free to terminate questioning.

Keywords: litigation, children’s rights, Supreme Court, Miranda custody analysis

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

June 14, 2011

Washington Denies a Right to Counsel in Truancy Cases

The Washington Supreme Court has issued a decision in Bellevue School Dist. v. E.S. [PDF], which involved the right to counsel in truancy proceedings. The court reversed the Washington Court of Appeals and found no right to counsel under either the state or federal constitution.

The concurrence [PDF], written by Chief Justice Barbara Madsen, agreed with the majority but urged the legislature to provide a right to counsel in truancy proceedings and cited to ABA Resolution 109A, which calls for a right to counsel in all stages of juvenile status offense proceedings, in support.

The dissent [PDF], written by Justice Tom Chambers and joined by Justice Pro Tem. Richard Sanders, would have found a right to counsel under the state constitution.

Keywords: litigation, children’s rights, Washington, right to counsel, truancy

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C., and Marlene Sallo, web editor, Children’s Rights Litigation Committee

June 1, 2011

ABA Launches Media Campaign on Behalf of LGBTQ Youth

The ABA Center on Children and the Law has launched a video and web campaign, “The Kids Are Listening,” on behalf of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth in foster care.

The campaign is the first of its kind in the nation and offers free online resources and support to legal and social services professionals—from judges to children’s attorneys and social services personnel—who are involved in the foster-care community. Via the online video, Facebook page, Twitter page, and YouTube page, thecampaign encourages people of all ages and walks of life to stand up to hate speech and discrimination against LGBTQ youth. TheKids are Listening video and resources are available for free at http://thekidsarelistening.org.

Keywords: litigation, children’s rights, LGBT, The Kids Are Listening

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

May 26, 2011

Supreme Court Declares Camreta v. Greene Moot

The Supreme Court held that Camreta v. Greene [PDF] is moot because S.G. has no continuing stake in the controversy, given that she lives in Florida and is almost 18. It vacated the portion of the Ninth Circuit opinion that found that officials are required to have a warrant prior to interviewing suspected child abuse victims at school, and it remanded the case for further proceedings consistent with the opinion.

Justice Kagan wrote the majority opinion in which Roberts, Scalia, Ginsberg, and Alito joined. Scalia wrote a concurring opinion. Sotomayor, joined by Breyer, wrote an opinion concurring in the result but opining that the Court should have decided only that the case was moot and vacated the judgment below. Kennedy, joined by Thomas, wrote a dissent concluding that Camreta as a “prevailing party” should not have been permitted to appeal the constitutional decision below.

Keywords: litigation, children’s rights, Supreme Court, Fourth Amendment

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

May 24, 2011

Pennsylvania Juvenile Court to Take Multidisciplinary Approach

The Pennsylvania Supreme Court has adopted new juvenile-court rules that will require courts to thoroughly consider and address the health, education, and disability needs of youth in the child welfare and juvenile justice systems. According to the Juvenile Law Center in Pennsylvania, the new juvenile-court rules will require courts to address the health, education, and disability needs of juveniles and children in dependency and delinquency matters. As a result of these rules, Pennsylvania is now one of only a few states to systematically address these issues through court rules.

Regarding educational needs, the new provisions and comments will focus on key areas throughout the adjudicatory process, including minimizing school changes; ensuring that a juvenile or child is receiving an appropriate education, including special education, remedial education, and, for older youth in the child welfare system, transition planning; and ensuring that each juvenile or child has a legally authorized educational decision-maker.

Courts are directed to ensure that a child or juvenile’s health care and disability needs are identified, monitored, and addressed, and ensure that children with disabilities are receiving necessary accommodations. The education, health care, and disability needs of each child must be addressed not only in court proceedings, but also in the court’s orders.

Keywords: litigation, children's rights, Pennsylvania Supreme Court, juvenile court

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

May 2, 2011

ABA Project Explores Consequences of Conviction

The American Bar Association’s Juvenile Collateral Consequences Project represents an effort to collect and catalogue every collateral consequence of criminal convictions in the United States. At www.beforeyouplea.com, juveniles who are transferred to criminal court can find and read state statutes and administrative rules that include a collateral consequence of conviction. These consequences might include barriers to education, employment, and public benefits.

Keywords: litigation, children’s rights, Juvenile Collateral Consequences Project

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

April 27, 2011

Information Packet Explores Bullying, Child Welfare

The National Resource Center for Permanency and Family Connections (NRCPFC) has updated its information packet on Bullying and Children in the Child Welfare System [PDF] to include discussions on cyber-bullying, as well as statistics and information on bullying and lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth.

The packet explores the characteristics of bullies and victims, explains why bullying is an important and relevant topic in child welfare, and provides information on LGBTQ children in care. It also offers steps families and child welfare professionals can take to provide help, as well as an array of resources on the subject of bullying.

Keywords: litigation, children’s rights, NRCPFC, bullying, LGBTQ youth

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

April 27, 2011

California Homeless Youth Project Issues Brief on LGBTQ Youth

The California Homeless Youth Project has released Struggling to Survive: Lesbian, Gay, Bisexual, Transgender, and Queer/Questioning Homeless Youth on the Streets of California [PDF], an report that highlights the challenges faced by lesbian, gay, bisexual, transgender, and questioning (LGBTQ) homeless youth in California.

The brief is based on an in-depth review of existing research on the LGBTQ youth population, a recently released report from the Hollywood Homeless Youth Partnership (HHYP), and a series of interviews conducted with LGBTQ homeless youth and service providers. It highlights the need to implement policies designed to reduce disparities and improve the lives of these youth.

Keywords: litigation, children’s rights, California Homeless Youth Project, LGBTQ youth, homeless

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

March 29, 2011

Racial Justice Initiative to Tackle Racial Disparity

The Racial Justice Initiative (RJI) in Washington, D.C., has developed a new social advocacy and litigation strategy that focuses on dismantling structural racism in the juvenile justice and child welfare systems.

For more than 30 years, studies have shown that disproportionate minority contact (DMC) has afflicted the nation’s juvenile justice system at every point of contact, according to the Office of Juvenile Justice and Delinquency Prevention. Although Congress has appropriated hundreds of millions of dollars to reduce racial disparity in juvenile justice, the results in many jurisdictions have been barely noticeable.

Through the use of public notice forums, the RJI’s goal is to mobilize communities and challenge the interpretation of the law on structural racism and raise the principle that public officials should be obligated to use what has been proven to work by many researchers and jurisdictions.

Keywords: litigation, children’s rights, Racial Justice Initiative, disproportionate minority contact

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

March 11, 2011

New Publication Focuses on Multi-System Youth

Robert F. Kennedy Children’s Action Corps and Georgetown University’s Center for Juvenile Justice Reform have launched a new electronic periodical, The Connector: Working Together for Multi-System Youth. The Connector will provide information to assist multi-system youth—those who have a wide range of needs in many different systems, such as child welfare, juvenile justice, mental health, and education. Quarterly issues will provide the latest information on initiatives, research, model programs, and policy. The first issue of The Connector is free and available now.

Keywords: litigation, children’s rights, Robert F. Kennedy Children’s Action Corps, The Connector, multi-system youth

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

March 7, 2011

Review of Oklahoma Child Welfare Documents Concerns

The Center for the Support of Families, Inc. (CSF) conducted a review of a statistically representative sample of cases of children in the custody of the Oklahoma Department of Human Services (OKDHS) under the direction of Dr. Jerry Milner, vice president of Child and Family Services. The study, Foster Care Case Review of the Oklahoma Department of Human Services, found several agency shortcomings regarding the treatment and placement of children while they were in OKDHS custody.

Among the primary concerns was the fact that 21.4 percent of children in the sample were the subject of a maltreatment allegation while in OKDHS custody that was substantiated or where there was sufficient concern to recommend services. Of the 374 children in the sample, 205 (54.8 percent) experienced four or more placement settings during their most recent entry into OKDHS custody; 52 (13.9 percent) children experienced 10 or more placement settings.

Keywords: litigation, children’s rights, Oklahoma, Center for the Support of Families

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

March 7, 2011

Florida Zero-Tolerance Policy Continues to Push Students Out

The ACLU of Florida, the Advancement Project, and the Florida State Conference of the NAACP have released a report on their study of the ongoing harmful effects of Florida schools’ “zero-tolerance” policies. The study, Still Haven’t Shut Off the School-to-Prison Pipeline: Evaluating the Impact of Florida’s New Zero-Tolerance Law, shows that although Florida took a significant step forward in the Spring of 2009 by amending its harsh zero-tolerance discipline laws, meaningful reform has yet to reach most of the schools—and students—across the state.

According to the report, racial disparities in referrals to the juvenile justice system actually got worse after the passage of SB 1540. In addition, in spite of the new law, most school districts’ policies still allow for extremely severe punishments—such as arrest, referral to law enforcement, and expulsion—for relatively minor infractions.

Keywords: litigation, children’s rights, Florida, zero tolerance

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

March 4, 2011

Parent Representation Can Shorten Time in Foster Care

Partners for Our Children (POC) in the state of Washington recently conducted a study to determine the impact of its Parents Representation Program (PRP) and found that the representation of parents can shorten the amount of time that children spend in foster care.

The PRP, developed by the Washington State Office of Public Defense (OPD) and the 1999 Washington State legislature, is designed to improve defense representation for parents in dependency and termination hearings. This study looked at the program’s influence on the speed at which children are reunified with their families, are adopted, or enter guardianships.

Keywords: litigation, children’s rights, foster care, Washington, Partners for Our Children, Parents Representation Program

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

February 15, 2011

Commission on Youth at Risk Reports on Foster Youth

The American Bar Association Commission on Youth at Risk has released a report with over 55 recommendations aimed at improving the plight of the 30,000-plus youth who age out of our state and local child-welfare systems every year.

Charting a Better Future for Transitioning Foster Youth: Report from a National Summit on the Fostering Connections to Success Act is the product of over 100 child-welfare professionals, leaders, judges, lawyers, advocates, and current and former foster youth from around the country came together in 2010 to explore how to effectively seize upon the new opportunities created by the Fostering Connections to Success and Increasing Adoptions Act. This federal enactment created new resources that will enable us to extend support and improve outcomes for foster youth in transition.

The ABA, in partnership with other national organizations, intends to do everything it can to ensure that these thoughtful proposals receive a wide and appropriately targeted distribution and ensure that the report’s recommendations are fully implemented. Please share this report with lawyers, judges, legislators, agencies, and youth who might be interested in the recommendations and whose participation is necessary for the realization of the report’s vision of a brighter future for older youth in and transitioning from care.

Keywords: litigation, children’s rights, Commission on Youth at Risk, foster youth, Fostering Connections to Success and Increasing Adoptions Act

—Andrea Khoury, ABA Center on Children and the Law

February 15, 2011

Coalition for Juvenile Justice Responds to A&E Reality Show

The Coalition for Juvenile Justice (CJJ) has issued a fact sheet in response to A&E television network’s decision to air Beyond Scared Straight, a reality TV show about teens being yelled at and shamed by adult prison inmates in an attempt to scare them “straight.” The fact sheet and the CJJ’s news release both stress how the “scared straight” approach has been shown to have a damaging rather than positive impact on participating juveniles.

Keywords: litigation, children’s rights, Coalition for Juvenile Justice, Beyond Scared Straight

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

January 31, 2011

Website Teaches Kids about Arizona Law

The Law for Kids website is dedicated to teaching children in Arizona about the law in a manner that they can read and easily understand. The site, az.lawforkids.org, created by the Arizona Foundation for Legal Services & Education with the support of the Arizona Supreme Court, was made with the specific goal of educating Arizona’s youth, parents, communities, and schools to increase their knowledge about youth laws and to encourage law-abiding behavior.

The site includes a written tour through the Juvenile Court put together by Maricopa County Superior Court Judge Samuel A. Thumma. The pictorial tour is aimed at assisting children in learning about the procedures of the juvenile court as well as the meaning behind frequently used terms.

Keywords: litigation, children's rights, Arizona, Law for Kids

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

January 31, 2011

Report Reveals Harsh Effects of Zero Tolerance on Philadelphia Schools

Youth United for Change and the Advancement Project have issued a report, Zero Tolerance in Philadelphia: Denying Educational Opportunities and Creating a Pathway to Prison, which details the effects of zero-tolerance school discipline policies in Philadelphia schools. The report uses vivid student testimonials and revealing data to show the harsh and disparate effects that these policies have had on students and their families. The report describes the economic impact of zero tolerance and urges local and federal policymakers to implement alternatives to zero tolerance that have been proven effective in improving both school safety and academic performance.

Keywords: litigation, children's rights, zero tolerance, Philadelphia, Youth United for Change, Advancement Project

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

January 31, 2011

U.S. Department of Education Launches New Data Website

Secretary of Education Arne Duncan has announced the launch of an online tool designed to help educators, parents, students, and policymakers “have a much more transparent conversation” about what is working—and what is not working—in American education today. The Education Dashboard site, http://dashboard.ed.gov/, offers all 50 states’ pre-kindergarten through 12th grade data regarding 16 key indicators that are tied to the nation’s educational goals, as well as some measures of states’ post-secondary systems. The data also includes information about which state systems allow student achievement data to be incorporated into evaluations for teachers and disparities in funding between high- and low-poverty schools.

Keywords: litigation, children's rights, Department of Education, Education Dashboard

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

January 3, 2011

ABA Files Amicus Brief Urging Supreme Court to Reverse Miranda Decision

The ABA has filed an amicus brief urging the Supreme Court of the United States to reverse a decision of the Supreme Court of North Carolina that held that age could not be considered in making a Miranda custody determination in a case involving a 13-year-old who was questioned by a police officer in a school conference room in the presence of another police officer and the school’s vice principal.

In its amicus filing in J.D.B. v. State of North Carolina, the ABA requests the high court to reverse the decision and hold that a Miranda custody determination for persons under the age of 18 must include a determination of whether a reasonable person of that age would have felt free to terminate police questioning and leave.

The question of whether age may be considered in a Miranda custody determination was left open by the U.S. Supreme Court in prior case law. The ABA’s amicus brief cites work done by the ABA and research studies that show that juveniles differ developmentally from adults, in ways that make them “more susceptible to influence and intimidation, and more likely to falsely confess to an offense they did not commit.” The factors discussed include diminished maturity, self-restraint, experience, judgment, and decision-making capability; reduced capacity to assist in their own defense; and less appreciation of the long-term consequences of their actions. The filed amicus brief is available here.

The ABA has adopted a number of policies relating to the improvement of the juvenile justice system, and the brief cites the association’s Juvenile Justice Standards as well as a report by the ABA Task Force on Youth in the Criminal Justice System: Guidelines for Policymakers and Practitioners, adopted by the association’s policymaking House of Delegates in 2002.

December 21, 2010

House Introduces Dignity in Schools Resolution for School Pushout

Rep. Chris Murphy (D-CT) has introduced a resolution inspired by the Dignity in Schools Campaign National Resolution for Ending School Pushout 2009. The House resolution raises awareness of policies and practices that contribute to student disengagement and removal from classrooms while highlighting the success of positive behavior interventions.

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

December 21, 2010

New York City Council Passes Student Safety Act

On December 20, 2010 the New York City Council unanimously passed the Student Safety Act, which mandates reporting on school suspensions and expulsions, tracking school-level practices, and breaking down data by age, grade level, race, gender, and education status (special education or English language learner). The act requires biannual reports on the number of suspensions citywide each month. The act also requires the New York Police Department to provide the council with a quarterly report detailing the activity of its personnel in city schools. The quarterly report will show the number of students arrested and issued summonses broken down by patrol borough, and it will detail noncriminal incidents involving NYPD personnel.

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

December 8, 2010

Lesbian, Gay, and Bisexual Teens Singled Out for Punishment

A study that will appear in the January 2011 issue of Pediatrics found that lesbian, gay, and bisexual (LGB) adolescents are about 40 percent more likely than other teens to receive punishment at the hands of school authorities, police, and the courts. Check the Pediatrics website for an online version when it becomes available.

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

December 2, 2010

University of Michigan Gets Grant for Child Representation Education Project

In October 2009, the Children’s Bureau of the U.S. Department of Health and Human Services has named the University of Michigan the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). The law school was awarded a five-year, $5 million grant to gather, develop, and communicate knowledge on child representation nationwide.

Access the State Summary of Legal Authority Governing Child Representation at the QIC-ChildRep website.

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

December 2, 2010

50-State Survey Shows Room for Improvement in Foster Care Health Outcomes

The Center for Health Care Strategies (CHCS) has issued a brief documenting the results of a 50-state survey designed to help understand child welfare agency requirements for health screenings and assessments upon a child’s removal from the home. The survey findings suggest that states have significant opportunities to strengthen requirements to support better health outcomes for the high-risk foster care population.

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

December 2, 2010

Report Examines School Crime and Safety for Students, Teachers, and Principals

The Bureau of Justice (BOJ) Statistics and the National Center for Education Statistics (NCES) has released an annual report, 2010 Indicators of School Crime and Safety, that examines data on crime and safety at school from the perspective of students, teachers, and principals. It looks at crime occurring in school as well as on the way to and from school.

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

December 2, 2010

Report Shows Dropout Rates on the Decline, but Challenges Still Remain

The Civic Enterprises and Everyone Graduates Center at Johns Hopkins University America’s Promise Alliance has released a report, Building a Grad Nation: Progress and Challenge in Ending the High School Dropout Epidemic, that shares some hopeful signs of progress being made in America’s dropout crisis. It also provides an assessment of the challenges remaining and introduces a “Civic Marshall Plan” to combat those challenges.

— Marlene Sallo, web editor, Children’s Rights Litigation Committee

November 29, 2010

Supreme Court to Hear Case on Miranda Rights at School

In JDB v. North Carolina, the U.S. Supreme Court has agreed to decide whether a juvenile burglary suspect who was interrogated at school by police should have been given a Miranda warning.

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

November 29, 2010

Report Shows Lack of Effective Legal Representation Harms Children

While the legal representation of children in the child welfare system has seen some improvement in recent years, more work is needed for legal advocates to be in compliance with state law, according to a new report, Assessing the Quality of Child Advocacy in Dependency Proceedings in Pennsylvania, prepared by Penn State’s Children’s Advocacy Clinic, the Juvenile Law Center, and the University of Pennsylvania.

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

November 12, 2010

Supreme Court to Hear Fourth Amendment Case on Child Protective Services

The U.S. Supreme Court has agreed to hear a case that will determine whether child protective services can take children out of their classes at school and interview them without parental consent or a court order.

A man in Oregon called the police and reported that his employee, Nimrod Greene, had sexually molested his 7-year-old son. The son told police that Nimrod had touched his genital area, over his pants. The father then said that Nimrod had several times previously admitted to sexually mistreating his own daughters, S.G., age 9, and K.G., age 5. The boy’s mother said that Sarah Greene, Nimrod’s wife, had several times admitted that her husband had behaved inappropriately with the daughters.

The police arrested Nimrod Greene. Ten days later they called the child abuse hotline. Child protective services assigned caseworker Bob Camreta to investigate. Camreta learned that Greene had been released from jail, but did nothing for three days. On February 24, 2003, Camreta, along with Deputy Sheriff James Alford, went to S.G.’s school, had her removed from her class and brought to a room next to the principal’s office, where they questioned her for two hours. Alford was in uniform and armed with a clearly visible gun.

S.G. told the investigators that her father did not abuse her and always treated her well. However, as hours passed, S.G. concluded that Camreta and Alford would not let her go until she answered yes—untruthfully—to their questions about sexual abuse. When she finally did so, Camreta and Alford allowed her to leave and return home to her purported molester. Since then, S.G. has always stated that she was never abused, and that she felt forced to agree with Camreta’s untrue suggestions. S.G. was reportedly embarrassed in front of her schoolmates and very upset by the interrogation, and she vomited when she returned home. She is still allegedly traumatized by the event.

S.G. and K.G. were later removed from their mother, Sarah Greene, for three weeks. S.G. and her mother sued, claiming, among other things, that S.G.’s two-hour detention and interrogation was unconstitutional under the Fourth Amendment because there was no court order or warrant, no consent, and no exigent circumstances. The Ninth Circuit agreed that it was unconstitutional, although the court granted qualified immunity to Camreta and Alford. Greene v. Camreta, 588 F.3d 1011 (9th Cir. 2010). The sheriff and caseworker have taken the case to the U.S. Supreme Court, which granted certiorari.

— David Lansner, Lansner Kubitschek Schaffer & Zuccardy, New York, New York

October 22, 2010

Law Gives Youth Access to Mental Health Care Without Parental Consent

California’s SB 543, Mental Health Services for At-Risk Youth, is a bill allowing youth 12–17 years old to receive outpatient mental health care without requiring a parents’ consent if, in the opinion of the professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services.

Advocates for youth who are lesbian, gay, bisexual, or transgendered (LGBT) are hailing this new law as a step forward for LGBT youth, who may be put at risk of emotional or physical abuse by coming out to their parents prematurely or without support. According to the Massachusetts 2006 Youth Risk Survey, LGBT youth are as much as four times more likely to attempt suicide than their heterosexual peers.

This new law will allow these youth to access services that advocates hope will prevent poor outcomes for this population. Some parent groups opposed the bill as an assault on parental rights.

— Catherine Krebs, committee director, ABA Section of Litigation, Children’s Rights Committee, Washington, D.C.

October 14, 2010

CRLC Chair Fighting Zero Tolerance in Florida Expulsion Case

Alfreda Coward, chair of the Children’s Rights Litigation Committee, is representing an eight-year-old boy who was expelled from school when he was seven for bringing a toy gun to school and never taking it out of his bag. This case has reached national prominence and was featured on the CNN website in the story Toy gun leads to Florida boy's expulsion.

October 14, 2010

Center on Children and the Law Releases Brief on Very Young Children

The ABA Center on Children and the Law has released a practice and policy brief, Advocating for Very Young Children in Dependency Proceedings: The Hallmarks of Effective, Ethical Representation, which explains how attorneys representing very young children can profoundly influence the health, development, and well being of their clients through their advocacy.

October 14, 2010

Civil Rights Conference Addresses School-to-Prison Pipeline

On September 27–28, 2010, the Department of Justice’s Civil Rights Division and the Department of Education’s Civil Rights Office jointly hosted a conference entitled “Civil Rights and School Discipline: Addressing Disparities to Ensure Educational Opportunity.” Academic and policy leaders, lawyers, law-enforcement officers, investigators, educators, advocates, and researchers discussed and developed strategies to ensure that all children can access a pathway to success, rather than prison.

During the conference, Attorney General Eric Holder, Secretary of Education Arne Duncan, and Assistant Attorney General for the Civil Rights Division Thomas E. Perez discussed this pervasive problem, the need for collaboration in tackling it, and the administration’s commitment to addressing it.

October 14, 2010

OCR Launches New Data Collection Website

Earlier this year, the Office for Civil Rights (OCR) made important changes to the 2009–2010 Civil Rights Data Collection (CRDC). According to OCR, the changes will enhance the agency’s ability to ensure equal educational opportunity for the nation’s students. U.S. Secretary of Education Arne Duncan has indicated that “obtaining relevant, accurate, and accessible data will be a prerequisite to any critical analysis and good decision-making.”

The OCR has also launched a new website, http://ocrdata.ed.gov, to display the CRDC data as part of the department’s ongoing commitment to transparency and accessibility. The site contains data from 2000, 2004, and 2006, and will include the 2009–10 CRDC data.

October 5, 2010

HUD to Release Rental Vouchers to Keep Children Out of Foster Care

The U.S. Department of Housing and Urban Development (HUD) recently announced that it will provide $20 million in funding to local housing authorities to help more than 2,500 families stay together. HUD estimates that the rental vouchers will reunite nearly 5,000 children with their parents or prevent them from entering foster care in the first place.

HUD’s Family Unification Program (FUP) will make 2,543 Housing Choice Vouchers available for families whose inadequate housing was the primary cause of their separation or near separation from their children. In addition, 20 percent of the vouchers will provide stable housing for approximately 750 young adults (ages 18–22) aging out of the foster care system, preventing them from becoming homeless.

October 5, 2010

Juvenile Justice Project of Louisiana Issues Report on Incarcerated LGBT Youth

The Juvenile Justice Project of Louisiana recently released a report, Locked Up and Out: Lesbian, Gay, Bisexual & Transgender Youth in Louisiana’s Juvenile Justice System, which addresses how LGBT youth are funneled into the troubled juvenile justice system, the particular challenges of LGBT youth within the system, and the lack of resources currently available to secure a safe environment for all youth in state care. The report also proposes collaborative advocacy strategies that can be implemented to ensure justice and equitable treatment for all of Louisiana’s youth.

October 5, 2010

NJJN Policy Addresses Juvenile Justice Reform During Fiscal Crisis

The National Juvenile Justice Network (NJJN) has released a policy paper that provides advocates with tactical strategies geared toward assisting advocates in their work. The Real Costs and Benefits of Change: Finding Opportunities for Reform During Difficult Fiscal Times addresses substantive strategies that preserve and encourage programs proven to successfully rehabilitate youth, strengthen communities, and increase public safety. These strategies offer cost-effective administrative and legislative solutions.

October 5, 2010

Department of Justice Unveils Defending Childhood Initiative

Attorney General Eric Holder has officially unveiled Defending Childhood, a new Department of Justice initiative focusing on addressing children’s exposure to violence. The initiative’s goal is to prevent children’s exposure to violence as victims and witnesses, mitigate the negative effects experienced by children exposed to violence, and develop knowledge about and increase awareness of this issue. A key component of the initiative is a multi-year demonstration program. This program supports the development of comprehensive, community-based strategies to prevent and reduce the impact of children’s exposure to violence in their homes, schools, and communities.

More information on the initiative and the eight demonstrations sites can be found at the Department of Justice website.

In 2009, the Office of Juvenile Justice and Delinquency Prevention (OJJDP), supported by the Center for Disease Control and Prevention (CDC), released the most comprehensive nationwide survey of the incidence and prevalence of children’s exposure to violence. The study, which was conducted January–May 2008, gathered data from 2007 and analyzed the lifetime exposure to violence for children age 17 and younger across several major categories, including physical assault, bullying, sexual victimization, child maltreatment, dating violence, and witnessed and indirect victimization.

September 3, 2010

Ninth Circuit Finds That Foster Parents Must Be Paid for Cost of Care

In California State Foster Parent Association, et al. v. Wagner, et al., the U.S. Court of Appeals for the Ninth Circuit issued an opinion affirming the District Court’s findings that the Child Welfare Act grants foster parents the federal statutory right to payments that cover certain enumerated costs, and foster parents can enforce this right under 42 U.S.C. § 1983.

Federal law requires that licensed foster parents be paid enough to cover the actual cost of providing food, clothing, shelter, daily supervision, school supplies, and daily incidentals. According to the lawsuit, California foster care payments currently cover only a fraction of these costs, resulting in a steep and steady decline in recent years in the number of Californians willing and able to become foster parents. Some counties—for example, Sacramento and San Bernardino—have seen the number of willing foster families drop by more than 50 percent. Perversely, this costs the state money, because a shortage of foster parents means that abused and neglected children are placed in far more expensive, institutional group-home settings instead of foster family homes, which are the most frequent source of adoptions for these kids.

September 3, 2010

ABA House of Delegates Adopts Several Policies Relating to Children

At the August 9–10, 2010, meeting of the American Bar Association’s House of Delegates, the association approved several policy resolutions on the involvement of children and parents in the justice system. Most notable is a policy calling child custody a “basic human need” in access to justice and making it clear, in a new “ABA Model Access Act,” that there should be a right to legal representation for children in any proceedings initiated by the government “for the purposes of child protective intervention.”

According to the act, that same “right to counsel” should be offered at public expense to low-income parents when parental rights to residential custody of their children are threatened with severe limitations or supervision or are at risk of termination. In commentary, the ABA also clarifies that in child abuse- and neglect-related proceedings, the child’s legal representation should extend “as long as jurisdiction continues.” In a related approved policy, the ABA urged providing legal counsel to youth at all stages of juvenile status offense proceedings, also “as a matter of right and at public expense.”

In additional new policy, the ABA has called for full, prompt, and expansive implementation of the “older youth provisions” of the federal Fostering Connections to Success and Increasing Adoptions Act.

Finally, the ABA approved the first comprehensive set of national standards for state courts hearing child abuse and neglect civil proceedings focused on court organization and administration as well as judicial selection, assignment, and education. These Judicial Excellence Standards, developed over three years by a multidisciplinary committee of leading judges and other key professionals and national leaders, were earlier endorsed by the National Council of Juvenile and Family Court Judges.

For more information, see the message from the chairs. For a full list of resolutions adopted by the House of Delegates, visit the ABA’s House of Delegates page. For a full copy of any of the resolutions referenced above, please email Cathy Krebs at krebsc@staff.abanet.org.

— Howard Davidson, executive director of the ABA Center on Children and the Law

September 1, 2010

Department of Justice Releases Strategy to Combat Child Exploitation

Attorney General Eric Holder recently announced that the U.S. Department of Justice is implementing the nation's first national comprehensive strategy aimed at strengthening the fight against child pornography and sexual exploitation. The strategy will streamline educational, preventative, and prosecutorial activities; seek to improve information sharing and collaboration; and strive to make the most effective use of limited resources. Additional goals include advancing law enforcement's technological capabilities and a renewed commitment to public awareness and community outreach.

Read the National Strategy Report at the Project Safe Childhood website.

September 1, 2010

Report Highlights the Impact of Immigration Enforcement on Child Welfare

A report released by First Focus, a bipartisan children’s advocacy organization, in partnership with the Migration and Child Welfare National Network, reveals that there are more than 5 million children in the United States with at least one undocumented parent. These children are at risk of unnecessarily entering the child welfare system if their parent is detained or deported.

The report provides policy solutions for immigration courts, ICE, and the child welfare system, while pointing to legislation that will accomplish these goals. The report, The Impact of Immigration Enforcement on Child Welfare, is a first of a new paper series called Caught Between Systems: The Intersection of Immigration and Child Welfare Policies.

September 1, 2010

Class Certified in Children's Civil Rights Suit for Mental Health Services

A U.S. district court judge in Washington has granted class certification in TR v. Dreyfus, a civil rights lawsuit against Washington State alleging it failed to provide adequate care to children with serious mental health problems. The 10 named plaintiffs, all under 21 years of age, claim that children across the state have been harmed due to repeated hospitalization, incarceration, separation from families, and social isolation. The suit alleges that the Department of Social and Health Services (DHS) has known for years that its mental health system has significant gaps in its delivery and availability of services.

Read more about the case at The National Center for Youth Law’s website.

New York Legal Aid Society Challenges Administration for Children's Services

A federal class-action civil rights lawsuit filed in May 2010 charges New York City’s Administration for Children’s Services (ACS) of an ongoing practice of improperly keeping children in acute-care psychiatric hospitals for prolonged periods of time—sometimes as long as a year—even after doctors find them ready for release.

The Legal Aid Society’s Juvenile Rights Practice and the law firm of Patterson, Belknap, Webb & Tyler, LLP, filed the lawsuit, A.M. et al. v. Mattingly, in the U.S. District Court for the Eastern District of New York on behalf of three unnamed foster-care children who remained hospitalized even after doctors recommended their release. The lawsuit seeks to stop ACS from continuing its illegal practice of using acute-care psychiatric hospitals as long-term foster-care placements. The lawsuit asks the court to enjoin ACS from bringing children in foster care to psychiatric hospitals unless such intervention is medically necessary and less-restrictive options have been tried.

Read the full complaint at the Legal Aid Society website, or read the NY Times article about the complaint.

Report Questions Wyoming's Juvenile Justice System

The National Center for Youth Law and the Wyoming Chapter of the American Civil Liberties Union (ACLU) have released a new report, A Call to Stop Child Prosecutions in Wyoming Adult Courts, which questions Wyoming’s practice of sending an estimated 85-90 percent of children in trouble with the law through adult courts.

The report suggests that Wyoming’s system of dealing with juvenile offenders violates constitutional protections against cruel and unusual punishment. Although youths can ask to have their crimes expunged if they avoid altercations with the law for one year, the practice of prosecuting children as adults for status offenses is something that could be better handled at the community level. The report cites instances of “constitutionally suspect practices,” such as the routine shackling of children and failing to properly advise children of their right to counsel.

Legislation Aims to Eliminate the Use of Corporal Punishment in Schools

Representative Carolyn McCarthy (D-NY) has introduced legislation aimed at eliminating the use of corporal punishment, a legal form of discipline that is still permitted in schools in 20 states.

Under the proposed legislation, dubbed the Ending Corporal Punishment in Schools Act, federal education funds would be denied to any state or local educational agency that allows corporal punishment to be inflicted upon a student. The bill would allow school personnel to use “reasonable restraint to the lightest possible degree” on students whose behavior “poses an imminent danger of physical injury” to themselves or other students. The bill also authorizes the U.S. Department of Education to award three-year grants aimed at facilitating the implementation of Positive Behavioral Interventions and Supports (PBIS).

Reinstated Federal Class Action Seeks Child Welfare Reform in Rhode Island

On June 10, 2010, HB 2735, which Washington Gov. Christine Gregoire signed in March, went into effect. The bill requires that foster youth be informed of their right to counsel. It is the first time in decades that the Washington legislature has addressed the issue of legal representation for foster youth. Adults involved in a child’s case will now be required to notify the child of his or her right to request counsel. If it’s determined that the child wants a lawyer, the adult will then have to report this information back to the court.

To find out more about this new law, visit the National Center for Youth Law.

Washington Bill Requires that Foster Youth Be Told about Right to Counsel

The First Circuit Court of Appeals has reinstated a federal class-action lawsuit brought against Rhode Island on behalf of the children of that state. Through reinstatement, the court has granted the children appropriate access to present their claims in federal court and seek relief for the harm that they have suffered while in the custody of Rhode Island’s child welfare system. Law guardians or guardians ad litem will now be able to represent the children in family court and bring claims against the state on their behalf. The complaint, which was originally filed in June 2007, alleged that the state violated the children’s rights under the constitution and federal law by failing to provide them with basic safety, protection, and care—often resulting in serious harm.

Access the court of appeals decision at the website of the advocacy group Children’s Rights.

Report Discusses California Education Advocacy Systems for Foster Youth

With the enactment of the Fostering Connections to Success and Increasing Adoptions Act of 2008 (PL 110-351), states must now work toward ensuring educational stability for Foster Youth. The Fostering Connections to Success Act includes provisions intended to improve educational outcomes for foster youth. Several other federal statutes, such as the Individuals with Disabilities Education Act of 2004 (IDEA) and Section 504 of the Rehabilitation Act (1973) also provide foster youth with substantive and procedural educational entitlements. However, foster youth still encounter systemic failures and poor educational outcomes irrespective of these laws. The National Center for Youth Law has released a report on how California is ensuring foster children receive appropriate educational opportunities.

Please read the report, Education Advocacy Systems: A Study of How California Counties Ensure Foster Youth Receive the Educational Advocacy and Opportunities They Need.

If you are interested in obtaining further information on the Fostering Connections to Success Act, please visit the Fostering Connections Resource Center.

Website Supports Youth PROMISE Act

On May 26, 2010, the Student Peace Alliance, in partnership with advocates from across the nation, launched a new website, www.youthpromiseaction.org, in support of the Youth PROMISE Act. The website provides information about the act and allows individuals to sign on as a “citizen co-sponsor” of the legislation.

The National Juvenile Justice Network Releases New Policy Platform

The National Juvenile Justice Network (NJJN) recently released a policy platform on Disproportionate Minority Contact (DMC) that includes recommendations on how states and localities can address the pervasive problem of racial and ethnic disparities in the juvenile justice system. Jurisdictions are urged to make firm commitments to end DMC, collaborate with key stakeholders in juvenile justice and related systems that work with at-risk youth, and establish clear methods for data collection and analysis.

Access the policy platform.

Access other NJJN documents on DMC.

Publication Addresses Opposition to Ratification of the CRC

International human rights treaties like the United Nations Convention on the Rights of the Child (CRC) recognize that all children have the right to an education aimed at their “full development.” The United States is currently considering ratification of CRC. Ratification would encourage the federal government and each state to treat children with respect and dignity while empowering parents to raise their children in a safe and loving environment. The NJJN has created a publication called Opposition to the Convention on the Rights of the Child: A Response from the National Juvenile Justice Network, which addresses the opposition.

For more information on the CRC and how advocates can use it to challenge the systemic problem of pushout in our nation’s schools, please refer to the Dignity in Schools Campaign.

Access NJJN’s fact sheet on the CRC and how it relates to juvenile justice reform at the NJJN website.

Georgia Appleseed Issues Report on Effective Student Discipline

At a time when many students are being suspended or expelled under “zero-tolerance” policies, Georgia Appleseed is offering an assessment of Georgia’s public school disciplinary policies, practices, and outcomes. The Georgia Appleseed project seeks to collect and report information that will be helpful to all of the stakeholders involved in any assessment of the effectiveness of Georgia’s public school system student disciplinary process.

Georgia Appleseed is presenting its preliminary findings in a Phase I report, which is available at the Georgia Appleseed Project website.

Civil Legal Assistance Attorney Student Loan Repayment Program

A new loan-repayment assistance program will soon be available for civil legal aid attorneys. The Civil Legal Assistance Attorney Student Loan Repayment Program (CLAAP) will repay a portion of the eligible federal student loan debt of civil legal assistance attorneys who are employed full time. The program will distribute $5 million to qualified attorneys. The Department of Education will award these funds on a first-come, first-served basis with an application deadline of August 16, 2010.

To obtain further information about this repayment program and several others, please visit the Equal Justice Works webpage.

Supreme Court Rules Out Life Sentence for Juveniles Not Charged with Murder

In the case of Graham v. Florida, the U.S. Supreme Court held, by a 5-4 vote on Monday, May 17, 2010, that a sentence of life in prison without parole is cruel and unusual punishment for juveniles who haven’t been charged with murder.

Terrance Graham, now 22, is currently serving a life sentence without parole in a Florida prison for participating in an armed robbery at the age of 17, when he was on probation. Justice Anthony M. Kennedy wrote the majority opinion. Roberts wrote in concurrence that he agreed that the sentence was unconstitutional based on the particulars of Graham’s case and precedents requiring proportionality of sentences. Justice Clarence Thomas wrote a dissent, joined by Justice Antonin Scalia and joined in part by Justice Samuel A. Alito, Jr.

Access the court opinion on Graham v. Florida here.

Ohio Court Finds RTC for Certain Civil Protection Orders

In Leone v. Owen, Slip Copy, 2010 WL 1730146 (Ohio App. 2010) a parent, on behalf of his son, sought a civil protection order against another juvenile, who was quasi-“represented” by his parent, and an Ohio court of common pleas granted the protection order in a hearing in which neither side had counsel.

The Ohio Court of Appeals (Sixth District) reversed and found a due-process right to appointed counsel for respondent juveniles in civil protection order proceedings. It first noted that being subjected to a civil protection order isn’t a criminal offense, so there’s ordinarily no due-process protection, but certain civil proceedings, such as civil contempt, do create a right to counsel in Ohio. Furthermore, the court noted that “in all other cases dealing with children as parties, due process demands appointed counsel or a guardian to represent a minor child: delinquency actions, termination of parental rights cases, and divorce actions where the child’s welfare demands protection.”

The court concluded that it was aberrant to deny juveniles appointed counsel in civil-protection hearings that “may lead to criminal sanctions” (this was a reference either to the court noting earlier that the violation of a civil protection order is a criminal violation, or to the magistrate in the case telling the juvenile that the prosecutor might use evidence from the hearing to file criminal charges). The court also concluded that the juvenile hadn’t waived his right to counsel, and that the “[a]ppellant’s young age alone would indicate that he should have been appointed counsel.”

Steinberg Discusses New York Child Welfare System

Robin Steinberg, executive director of The Bronx Defenders, has a column, “Out of the Mouths of Babes,” featured in The Huffington Post, providing an overview of how the child welfare system works. The column also notes that New York Governor David Paterson recently made a change to the description of the attorneys who represent children in family court. The term “law guardian” was changed to “counsel for children.”

Advancement Project Releases Overview of Zero Tolerance and High-Stakes Testing

The Advancement Project recently issued a report providing an overview of zero-tolerance school discipline and high-stakes testing. The report discusses the relationship between “zero-tolerance” policies and high-stakes testing, how these two policies are negatively affecting the “school-to-prison pipeline,” and the risks involved if policy reform doesn’t occur.

Resource Guide, What Lawyers Need to Know About Representing LGBTQ Youth

This guide is a list of publications and organizations that can be a resource for lawyers representing youth.

Dignity in Schools Campaign Submits Sign-On Letter on ESEA Reauthorization

The Dignity in Schools Campaign has submitted a sign-on letter to the U.S. House of Representatives asking that school discipline reform be included in the reauthorization of the Elementary and Secondary Education Act/No Child Left Behind (ESEA).

The ESEA is the federal government’s main education law providing funds (e.g., Title I, Safe & Drug-Free Schools) for state and district compliance with federal education requirements. The ESEA is up for reauthorization, and Congress has announced a series of hearings to begin the reauthorization process.

The sign-on letter was developed through a series of calls in the past month, culminating in the Dignity in Schools Campaign’s teleconference on ESEA reauthorization. The letter asks the U.S. House of Representatives Committee on Education and Labor, the first body to take up reauthorization, to include school discipline reform in reauthorization.

For more information and to participate in future efforts, click here.

Capitol Hill Briefing on ESEA Reauthorization and the School-to-Prison Pipeline

The Advancement Project, Alliance for Educational Justice, FairTest, and the Forum for Education and Democracy are holding a Capitol Hill briefing, ESEA Reauthorization: Testing, Discipline, and the School-to-Prison Pipeline, April 7. For more information or to register online, click here.

National LGBT Legal Aid Forum

The National LGBT Legal Aid Forum is a new listserv dedicated to improving legal services for low-income LGBT clients. This listserv is a forum for members to post questions and answers related to serving LGBT clients, and to share resources and updates on new developments in LGBT-related law. Legal aid advocates who are committed to effectively advocating for LGBT people and their families are invited to apply for membership.

Opening Doors Project—The ABA Center on Children and the Law

The ABA Center on Children and the Law is currently engaged in the Opening Doors/LGBTQ Youth in Foster Care Project. The Opening Doors Project aims to increase the legal community’s awareness of LGBTQ youth in foster care and the unique issues they face; and to provide the legal community with advocacy tools to successfully represent these youth.

Barton Child Law & Policy Center

The Barton Child Law & Policy Center was established in March 2000 to address the need for systemic policy and process change on behalf of children in Georgia’s child welfare system. During the past decade, the Center has been involved in several successful initiatives and has served as a valuable statewide resource on child abuse and neglect issues. For the Spring 2010 semester, the Legislative Clinic students are working on three primary legislative initiatives: working on the rewrite of Georgia’s juvenile code (Senate Bill 292), helping victims of commercial sexual exploitation of children, and supporting the implementation of the Fostering Connections to Success and Increasing Adoptions Act in Georgia. During the same semester the Juvenile Defender Clinic, students will be representing child clients in juvenile court and working on strategic appeals.

Juvenile Justice Certificate Program Announced for 2010

On July 9–15, 2010, in Washington, D.C., the Center for Juvenile Justice Reform at Georgetown University’s Public Policy Institute will hold its Juvenile Justice and Child Welfare: Multi-System Integration Certificate Program for Public Sector Leaders.

Designed for public agency leaders responsible for developing and implementing policy and practice, this week-long program uses a multisystem, multidisciplinary approach, focusing on efforts that benefit youth involved in more than one system of care.

The application deadline is March 24, 2010.

In addition, the Institute will be holding its first Certificate Program for Private Sector leaders in October 2010. The application for the private sector will be posted on their website in the spring of 2010.

To obtain additional information and apply online for either program, click here.

SSI Reform for Disabled Foster Care Youth

 

The Social Security Administration has issued a new POMS (sub-regulatory) policy. The policy recognizes that youth in foster care need income support and health services to ease the transition to independent living once they turn 18 years old. As a result, SSA may now accept an SSI application a month before the month of eligibility.

Massachusetts Federal Court Invalidates Zero-Tolerance Policy

 

In Massachusetts, a federal court judge invalidates a zero-tolerance policy on constitutional grounds. This case is described in a Boston Globe op-ed, which also cites the ABA adoption of the resolution (from the Commission on Youth at Risk) containing the call to to reduce reliance on disciplinary exclusion.

National Resolution for Ending School Pushout Released

 

On December 3, the Dignity in Schools Campaign released the National Resolution for Ending School Pushout, a call to action for our school systems to end the harsh disciplinary policies and law enforcement tactics that push too many young people out of school. The National Resolution calls for schools to create positive climates for learning and adopt alternative approaches to discipline that protect the human rights of all young people.

New School Offense Protocol Adopted in Birmingham to Reduce Student Arrests

 

On October 13, Birmingham public schools adopted a new School Offense Protocol to prevent student arrests for minor offenses, such as fighting or being disruptive in class. The agreement - between the school system, Jefferson County Family Court, the district attorney's office, the Department of Human Resources and the Birmingham Police Department - will use warnings and school conflict workshops to respond to student behavior for first and second offenses, rather than arrest or referral to the court system. Judge Brian Huff of the Jefferson County Family Court helped lead the effort to create the new protocol.

Publication on Court Hearings for the Permanent Placement of Children

 

The Child Welfare Information Gateway released a publication entitled Court Hearings for the Permanent Placement of Children. The publication addresses, for every state, what the law says about scheduling court hearings, who may be present, the main determinations to be made, and the permanency options available.

The ABA Bar-Youth Empowerment Project Examines State Dependency Statutes

 

The Bar-Youth Empowerment Project has issued a state by state summary of youth involved in court. The project examined every state dependency statute and court rule to determine whether a child 1) is considered a party, 2) is entitled to notice of proceedings, and 3) has a right to be present during proceedings. They requested feedback from the every state's Court Improvement Project (CIP).

Study Reveals Better Outcomes for Children Represented by Lawyers

A Chapin Hall study evaluates the Foster Children's Project (FCP) of the Legal Aid Society of Palm Beach County, Florida and finds that children represented by FCP reach permanency at a faster rate than those children not represented by a lawyer.

Kansas Supreme Court Rules that Juveniles Have a Right to a Jury Trial

Saying the Kansas Juvenile Justice Code has become “more akin to an adult prosecution,” the state Supreme Court today ruled 6-1 that juveniles have a constitutional right to a jury trial.

NC Court Rules on Use of Foster Children’s Social Security Benefits

The North Carolina Court of Appeals ruled that the state does not have the legal authority to divert the Social Security benefits of foster children to reimburse itself for the cost of their foster care when it is not in the best interest of the children.

President Signs Loan Forgiveness Bill Advocated by ABA

President George W. Bush recently signed H.R. 2669, the College Cost Reduction and Access Act of 2007, into law. Among the provisions of the law is the income-based repayment program for public service, for which the ABA has strongly advocated for several years. Under the program, borrowers of student loans who are working in qualified public service would repay loans at an affordable percentage of their income and, after 10 years of service, would have the balance of their loans cancelled.

Mentally ill children to get help at home: Judge approves plan to bolster state services

Rosie D v Romney: In January 2006, the U.S. District Court ruled in favor of the plaintiffs, a class of Medicaid-eligible children suffering from serious emotional disturbances, finding that the Commonwealth of Massachusetts had violated the federal Medicaid statute.  After this decision, the parties engaged in negotiations in order to craft an appropriate remedy but, after being unable to reach an agreement, the parties submitted to the Court separate proposed remedial plans.  Late last week, Judge Ponsor ruled that the Court will adopt the Commonwealth's proposed remedial plan.

Dignity in Schools Project

The Education Subcommittee of the Children’s Rights Litigation Committee has formed a work group to explore the widespread and growing problem of “pushout”—the removal of children from school via open and hidden institutional policies. Recognizing that students and families must renew and deepen their commitment to the educational process and lifelong learning, the work group will explore ways to shift the focus in disciplinary matters from children and families to a perspective that respects the child’s right to education. The work group will advocate for child-centered, dignified reform in schools to keep children in school. Too many children are being denied their right to an education because school districts have been unable or are unwilling to develop policies that uphold children’s dignity and that treat the child’s right to education with the respect it deserves. Through its “Dignity in Schools Project,” the Subcommittee and Committee hope to expose systemic problems in American school systems and to provide concrete solutions to improve the collective response to school discipline issues.

High Attorney Caseloads Compromise Quality Representation for Children

A national survey of lawyers representing children in abuse and neglect cases has found that unmanageable and at times overwhelming caseloads are preventing attorneys from doing the work necessary to protect their clients from harm.Released by the Fordham University's Interdisciplinary Center for Family and Child Advocacy, in collaboration with the American Bar Association Center on Children and the Law and the National Association of Counsel for Children, the study surveyed more than 200 lawyers from across the U.S. and found that more than 40 percent of all respondents have more than 100 cases at a time, only 30 percent of respondents are supported by trained social workers to help them advocate for their clients, and less than one-half of the lawyers have use of investigators to assist them in their cases. Read the full report, including policy recommendations that address the caseload crisis.