Dependency Court and Your Foster Child
Audrey Susanin, Harvard Law Student with Deborah Dentler, J.D.
During my 2007 internship with ChildSHARE, I spent a day observing dependency cases at the Edmund D. Edelman Children’s Court in Monterey Park. I was immediately struck by the courthouse’s child-focused, colorful design. The courtrooms are small and intimate and stocked with teddy bears. The waiting area has child-sized tables and chairs. And the courthouse even has specially designated areas where children can play, rest, draw and watch T.V. The mission of the courthouse, to make children’s legal experiences as agreeable as possible, is evident in every detail.
Of course, as parents and friends of foster and fost-adopt children, you know that this mission sometimes seems impossible. A day at court can be a long and tiring. Sometimes children are in the crossfire of ongoing legal debates that determine their future. The hearings bring together parties whose goals and wishes in regards to the child may be very different, leaving the child feeling that a day in court is a test of loyalties.
If courtroom proceedings have the potential to be traumatic, why should children take part in them? As a law student intern, I had the same question, and went looking for some answers for myself and ChildSHARE’s foster parents.
Does my foster child have to attend dependency court hearings, and must I accompany the child?
The answer to this question differs depending on the laws and traditions of each state and even each county. In some states, judges rarely, see the children who are the subject of their rulings. Sometimes, children were literally “lost in “the system, resulting in tragedies and political scandals. In Los Angeles County, there is now a rule requiring children age four and up to come to court unless: (1) the court has specifically ruled otherwise, or (2) your child’s attorney has waived the requirement. Other counties differ.
Your child’s lawyer or social worker will tell you whether your foster child is expected in court. Make sure to inquire about transportation. Social workers must arrange it if you cannot.
It is important for you to comply with requests by your child’s social worker or attorney concerning the child’s court appearances. Your desire to continue fostering or to adopt your child will be better served by taking a cooperative, rather than a resistant or argumentative, attitude towards this matter. A foster parent is not expected or required to miss work or school, however. Do not feel you must come to court if doing so feels dangerous or uncomfortable for you, or if you cannot afford to miss work.
What is the reasoning behind the rule that requires children to come to court?
Some judges feel strongly that they should see the child in person on a regular basis. Others believe court appearances are stressful for children and rely on the children’s lawyers to investigate and speak for them. As the role of children’s attorneys has increased, it is essential that attorneys meet periodically with their clients face to face. When children come to court, it is often the only opportunity their appointed attorney has to see and speak with them. As such, these meetings are critical to the attorney’s decisions about what to advocate for.
Can individual judges make court appearances less traumatic for my child?
Yes. Judges have discretion to have children excluded from the courtroom during testimony or argument by others. Additionally, the judge can question your child in the privacy of his or her own chambers rather than in the courtroom. If you have concerns, talk to the child’s lawyer. You can help your child have a positive attitude about court—try to make it an interesting “learning experience” for both of you. Available at the courthouse, or on the internet, is a helpful, upbeat children’s workbook, “Going to Court.”
Does my child’s role in the dependency hearings increase as he or she matures?
Yes. A child four years or older must be interviewed about his or her wishes, which must be communicated in court. The child’s attorney can also voice an opinion different from the child’s. An attorney must not advocate for the child to return home if, to the best of the attorney’s knowledge, return would endanger the child. The wishes of a child approaching a 12th birthday will be listened to more carefully. In California, children age 12 and up must consent to their adoption. Judges can, and often do, place children into legal guardianship status over the child’s objection. If your foster child is going to be called as a witness, you may want to seek professional information and emotional support for yourself and the child beforehand.
What happens when court appearances interfere with school?
Court should not interfere with school, camp or a child’s sports competition. If you have concerns, (1) ask the child’s caseworker to seek permission from the agency’s lawyer to change the court date, or excuse the child’s court appearance, or (2) contact the child’s attorney to ask that the child’s court appearance be “waived.” This is very common and perfectly acceptable. State law says a child’s grades may not be lowered due to absences that are caused by attendance at court hearings, and teachers may need to be reminded of this.
Tips for the Caregiver in Courth
Children are not the only ones who can find court appearances bewildering and stressful. The Los Angeles courthouse, unique in California counties, has its own sheltered area on the first floor where children can wait.However, foster parents who bring their foster child to court are expected to wait outside the courtroom in the lobby waiting area with the child – not deliver the child to the shelter care room. Only when the social worker has arranged for the child to be transported to the courthouse is the shelter care room open to take the child. You will not be allowed in, but the child’s attorney can talk with your child there.
If your child is not in “shelter care,” he or she may have to sit with you in same lobby area as birth parent, social worker, or other relatives. Sometimes hours pass. This can be emotionally stressful, and boring. Here are a few tips to help you cope.
- Bring something to keep busy and have snacks on hand (there is a cafeteria in the basement).
- If possible, bring someone to support you and help if your or your child need to use restroom or make a phone call while waiting for your child’s hearing.
- When you arrive, give the bailiff your child’s name. If you wish to remain confidential, do not give your name, but say “foster parent,” instead.
- Don’t miss the bailiff's announcement that it is time for parties to enter the courtroom (although there is a PA system in the restroom so you can listen for the child's last name to be called).
- After court, keep your cool. You will ordinarily be under instructions not to discuss the court proceedings with your foster child. No matter what happens in court, you will need to return to your day-to-day caretaker role with a positive, loving attitude –for your child’s sake, and your own!
Note: Legal opinions expressed are the columnist’s alone, not Child SHARE’s, and nothing in this column is intended to substitute for professional legal advice for a specific situation.
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