The first two constructs of interest are (1) presence of parties, with representation and (2) engagement of parents and youth.
Presence of parties.
At child abuse and neglect hearings, all relevant parties should be present and represented by counsel.
Child abuse and neglect hearings should include all biological parents, even if there are not allegations against one parent in a child welfare petition. The ERGs indicate that “parents, parents’ partners, relatives and any available extended family are critical to the initial hearing” (page 109).
Research in hearing quality supports this notion. Several studies have found relationships between a parent being present at the hearing and better outcomes (such as higher rates of reunification).2
Children are also parties that should be considered in child abuse and neglect hearings. Best practices suggest that children should be present and engaged, regardless of their age. This practice varies considerably across the country, based on state statutory requirements and local court rules.
One study has found that the presence of older youth was related to decreased likelihood of being in care at 24 months.3
In addition to parents and youth, best practices suggest that all parties should be appointed representation prior to the initial hearing on the case, so that they can be actively working with parents and youth to achieve the best outcomes, and so that attorneys are available to help parents navigate the complex legal system.
Research has shown that the presence of a parent’s attorney at early hearings is related to a higher likelihood of timely reunification4 and that a parent’s attorney’s absence is related to lower rates of reunification within 12 months.5
In a high-quality court hearing,
- There will a process for identifying parties present on the record
- Parents will be present
- If parents are not present, there will be discussion of (a) whether/how appropriate notice was provided to the parent, and (b) if anyone knows where the parent is
- Attorneys for all parties will be present at, or appointed prior to (or by), the first court hearing
Engagement of Parties and Youth
Parents and youth should be meaningfully engaged in the child abuse and neglect hearing process.
Engagement is considered critical in improving outcomes for children and families. Engagement can be defined in many ways. The ERGs consider engagement a “family-centered and strengths-based approach to partnering with families in making decisions, setting goals, and achieving desired outcomes” (page 68).
Research on judicial engagement of parents has shown that when judges are more engaging, parents are more likely to show up at future hearings and there is a higher likelihood of relative placement.6 Two studies have found that specific judicial engagement strategies may be related to improved outcomes, such as decreased time to permanency.7
There are several judicial engagement strategies that judges might employ to better engage parents or youth in the child abuse and neglect court process. These include:
- Addressing the party by name (e.g., Mr. Smith instead of dad)
- Looking the party in the eye
- Explaining the purpose of the hearing
- Explaining legal timelines
- Asking the party if they understand what has happened at the hearing
- Asking the party if they have any questions
- Allowing the party an opportunity to be heard, and not just through their attorney
