Youth attendance at dependency court proceedings: a mixed methods study of judicial officers and youth
Date
2018
Authors
Sullivan, Ann, author
Buchan, Victoria, advisor
Tungate, Susan, committee member
Unnithan, Prabha, committee member
Winokur, Marc, committee member
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Volume Title
Abstract
Children who have experienced abuse or neglect enter into the complex child welfare and legal systems. The court determines the needs and the consequences to the family members involved as well as the best interest of the child including, at times, where the child will reside. Dependency court is a complex process that involves many hearings as well as multiple child welfare professionals serving in differing roles. In all of this, there are very few legal protections for children or youth throughout the child welfare and judicial processes. Federal law was passed to support youth opportunity to be consulted with, in an age appropriate manner, regarding in permanency and transition hearings. (42 U.S.C. 675(5)(C). Currently, there are not consistent practiced between dependency court judicial officers pertaining to youth participation in court proceedings. In addition to differing opportunities for youth to access due process participation, challenges to youth inclusion exist because of logistical barriers as well as concerns of the best interest of the youth. The purpose of this convergent mixed methods study was to both explore youth perceptions and experiences through individual survey and focus group discussion as well as, to gather in-depth interview information from dependency court judicial officers. The qualitative findings obtained from judicial officer interviews described judicial officer perspectives and considerations about youth participation at hearings. The convergent study design supported compiling of feedback from two distinct groups to better understand and describe issues related to youth attendance at dependency court as well as obtain recommendations for future court practices. Both youth and judicial officers identified important benefits to youth inclusion in court proceedings. Both groups indicated that youth should be provided options for the manner that they would choose to participate in the court hearing and that the youth's wishes should guide how the youth make their opinions known to the court. Additionally, both youth and judicial officers recognized that youth inclusion in court proceedings has the potential to empower youth and to inform the court when implemented thoughtfully. However, if not implemented with care, some youth risk being further harmed through inclusion in court proceedings. Judicial officers identified the need for leadership and collaborative planning with child welfare professionals to advance practice changes that expand opportunities for youth participation at dependency court hearings
Description
Rights Access
Subject
child welfare
dependency and neglect
attendance
youth participation
court