Georgia courts journal, Vol. 24, no. 2 (Dec. 1996)

Vol. 24 No. 2 December 1996
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Courts

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JOURNAL

Report presented to Georgia Supreme Court
Child Placement Proceedings Project completes year-long study

On October 9, the Advisory Committee to the Supreme Court's Child Placement Proceedings Project presented its report to the high court. The comprehensive study provides details on juvenile court processes involving abused and neglected children. The 52-page report contains a summary of data collected, findings, and recommendations for changes and improvements.
Chief Justice Robert Benham presided at the presentation ceremony in the Supreme Court courtroom. The full court was in attendance: Presiding Justice Norman S. Fletcher, Justice Leah J. Sears, Justice Carol W. Hunstein, Justice George H. Carley, Justice Hugh P. Thompson and Justice P. Harris Hines. Justice Benham reviewed the project's background and introduced Macon Judicial Cir-
Advisory committee member Judge Sanford]. Jones accepts a certificate ofrecognition from Supreme Court Clerk Sherie M. Welch.

cuit Superior Court Judge G. Bryant Culpepper, project chairperson.
Speaking on behalf of the advisory committee, Judge Culpepper recognized the members present: Ms. Carol Campbell, Ms. Diane Drennan, Judge George J. Heam III, Judge Sanford J. Jones and Ms. Vicky Kimbrell. (Please see page 7 for a complete list of project members.)
Judge Culpepper expressed his hope that the report will illuminate areas needing improvement. The report's recommendations call for improved record keeping; standards of practice; increased education for all legal system participants; more legal representation of parents and children; and, as Judge Culpepper particularly stressed, state funding for juvenile courts. He emphasized the need for judicial specialization in

Judge Culpepper (far right) presents the report ofthe Child Placement Proceedings Project to the Supreme Court. Pictured here (from left): Chieffustice Robert Benham, Justice Leah]. Sears, Justice George H. Carley and Justice P. Harris Hines.
dealing with abused and neglected children. On a personal note, Judge Culpepper spoke of having recently presided over the death penalty case of a defendant whom he had seen as a juvenile, and the sadness he feels over a system that often fails children.
See Child Placement Proceedings, page 7
Inside
Special overview of the Child Placement Proceedings Project report .................................................. 4-7
Also inside: Commission on Family Violence ..... 3 Board of Court Reporting news ....... 3 Drug Court conference ......................... 7 Fulton judges sworn in ........................ 7 Justice Kennedy visits Atlanta ......... 8 Judge Van Pelt sworn in ................... 8

In Brief . . .

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Judicial appointments Superior Court, Atlanta Judicial Circuit
Judge Cynthia D. Wright has been appointed for the term of November 1, 1996, through December 31, 1998. State Court, Fulton County Judge M. Yvette Miller has been appointed for the term of November 1, 1996, through December 31, 1998.

In memoriam Judge Josephine Holmes Cook of the Atlanta Judicial Circuit Superior Court died on October 16 at the age of 49. Police have ruled her death a homicide. Judge Cook had served on the superior court bench since 1993. Before becoming a judge, she worked in private practice. She earned a bachelor's degree at Edward Waters College and a law degree from John Marshall Law School.

Child Placement Proceedings Project names coordinator
Michelle Barclay has joined the AOC as project coordinator of the Child Placement Proceedings Project. Previously, she was a research assistant for the project and a Fulton County juvenile advocate. Ms. Barclay replaces Karen Worthington, who has joined the Georgia Indigent Defense Council's new Juvenile Advocacy Division.

Superior Court Clerks Training Council elects new officers
The new officers of the Superior Court Clerks Training Council are: Chairperson - Carolyn V. Sullivan, Houston County; Vice-Chairperson - Sara L. Crow, Lowndes County; Secretary - Pat V. Anderson, Elbert County.

New and improved GeorgiaNet offers coverage of General Assembly and tracks legislation
The newly enhanced GeorgiaNet offers information on what's happening at the Capitol and throughout the state. Services relating to the General Assembly include: Coverage of the legislative session, including the
full text of bills and first readers Searches by key word, date of first reader, bill and
resolution number, authors, committee and sponsor Notice of weekly committee meetings Information on members of the General Assembly

Coverage of the 1997 Legislative Session will begin in December. A service called "Lobbyist-ina-Box," available December 1, will allow subscribers to create a list of bills and to monitor and receive updated status reports on those bills quickly, easily and electronically. There will be a nominal, as-yetundecided fee for this service.
"Daily Press Pack," another service, will allow subscribers to receive a daily composite, first readers, a status sheet, calendar and the previous day's bills electronically. There will be a fee for this service also.
For more information, visit the GeorgiaNet home page at http://www.ganet.state.ga.us or call the helpline (404-651-8690).
Video helps educate youth about Juvenile Justice Reform Act
"Multiple Choice," a video produced by Gov. Miller's Children and Youth Coordinating Council (CYCC), is available to court personnel and others working with young people. The dramatic and motivational program is designed to educate Georgia's juvenile population and their parents about laws affecting teens: the Juvenile Justice Reform Act and "two strikes" criminal legislation. The video has aired on public television and numerous commercial stations across the state. A video on teen pregnancy prevention, "Ultimate Choice" is also available. For more information, contact Judy Neal (404-656-1725), executive director, CYCC.
Mark your calendar-Court Technology Conference scheduled for September 9-12, 1997
The National Center for State Courts has announced its Fifth National Court Technology Conference to be held September 9-12, 1997, at the Cobb Center in Detroit, Michigan. CTC5 will consist of three components: an educational program; a court technology exhibition; and an interactive, hands-on laboratory of available court applications. To receive future conference materials, call the toll-free CTC5 information line at (888) 890-CTCS or visit the CTC5 home page athttp://www.ncsc.dni.us/.
American Judicature Society unveils World Wide Web site
The American Judicature Society's new World Wide Web site, http://homepage.interaccess.com/ -ajs/, features regularly updated descriptions of AJS activities and resources.

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Georgia Commission on Family Violence sponsors statewide conference

The Georgia Commission on Family Violence sponsored its third annual statewide conference on September 27 and 28 in Forsyth. The conference, "Four Years Forward: Evaluating Our Communities' Response to Family Violence," examined progress made under the commission's leadership and explored new issues. Two hundred participants from around the state attended, including representatives of nearly all the 35 family violence task forces, social services personnel, counselors, medical personnel, clergy, judges, district attorneys, prosecutors, law enforcement personnel, probation officers and commission members.
Ellen Pence, director of the Domestic Abuse Intervention Project in Duluth, Minnesota, began the conference with a keynote address on "Eight Principles of Inter-Agency

Cooperation" and "Auditing a Community's Coordinated Response." Ms. Pence, who has extensive experience in establishing local domestic violence task forces, provided ideas for evaluating Georgia's response to family violence and suggested auditing each program "in the same way we audit our financial records."
Georgia Supreme Court Justice Carol W. Hunstein delivered the banquet address. She discussed the role of the judiciary in responding effectively to family violence and recalled several domestic violence cases she handled while serving as a superior court judge. Justice Hunstein also commended the task forces for their work in protecting victims and holding perpetrators accountable.
Task force members and other attendees participated in workshops on victim/survivor perspectives, collabo-

rative lobbying strategies, the role of law enforcement, responses to diverse populations, and task force experiences around the state. A panel discussion on fostering judicial participation in task forces included Judge Martha Christian, Superior Court, Macon Judicial Circuit; Judge N. Kent Lawrence, State Court of Clarke County; and Judge Barrett Whittemore, Whitfield County Magistrate Court.
The fourth annual conference has been tentatively scheduled for September 25 and 26, 1997, in middle Georgia. For more information, contact Shelley Senterfitt (404-6573412).
The Commission on Family Violence, created in 1992 by Gov. Zell Miller, is charged with developing a comprehensive plan to end domestic
violence in Georgia. a.

News and notes:

The Board of Court Reporting

Certification exam held A total of 125 applicants sat for
the court reporters certification exam on September 21 in College Park (pictured above). All freelance and official reporters must be certified by the Board of Court Reporting. The test, given twice a year, is a skills test in one of three methods of takedown: machine shorthand, manual short- hand or closed microphone voice dictation silencer.

Below, Members of the Board of Court Reporting review last-minute instructions for registration and monitoring. Standing (left to right): Dianne B. Lane, court reporter, Eastern Judicial Circuit; Gary Glover, attorney, Augusta; Connie Tomlinson, court reporter, Augusta Judicial Circuit; and Judy Yeager, court reporter, Alcovy Judicial Circuit. Seated: Gary Mikell, attorney, Statesboro.

Board meets The Board of Court Reporting met
on September 20. Pictured above (left to right): Gary Mikell and Dianne Lane, members; Leslie Johnson, clerk; Judy Yeager, chairperson; Judge William Boyett, member; Marla S. Moore, assistant director for judicial liaison, AOC; Connie Tomlinson, member. Not pictured: members Gary Glover and Heidi
Thomas. a.

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Report makes five recommendations Supreme Court Child Placement Proceedings Project completes assessment phase

Background The number of child abuse and
neglect cases being brought before the courts has increased dramatically since the Adoption Assistance and Child Welfare Act was enacted in 1980. The complexity of child protective cases has increased along with the caseload. In response to the growing burden on courts, the U.S. Congress allocated funds for grants to assist courts in evaluating and improving the processing of child abuse and neglect cases.
Georgia's Supreme Court Child Placement Proceedings Project has three purposes: 1) to conduct an assessment of how child abuse and neglect cases are handled by the courts; 2) to develop a plan for
The assessment is the most comprehensive study of child abuse and neglect
court proceedings ever conducted in Georgia.
system improvements; and 3) to implement those improvements.
The assessment is the most comprehensive study of child abuse and neglect court proceedings ever conducted in Georgia. Information was gathered in two phases: statewide mail surveys and selected in-depth site assessments. Mail surveys were sent to 125 judges with juvenile court jurisdiction, 159 juvenile court clerks, 159 Department of Family and Children Services (DFCS) county offices, and 79 special assistant attorneys general (SAAGs) representing DFCS. Responses were received from 71 judges representing

130 counties, 90 clerks representing 89 counties, 204 DFCS workers representing 122 counties, and 46 SAAGs.
The site assessments took place in 10 counties selected to represent the diversity of courts hearing juvenile matters. Assessments included review of 502 randomly selected court case files; observation of 440 scheduled court hearings ranging from detention hearings to termination of parental rights hearings; and interviews with judges, court clerks, DFCS workers, and attorneys involved in deprivation cases.
The project design and data analysis was conducted by the Administrative Office of the Georgia Courts with the assistance of consultants from the National Center for State Courts and the American Bar Association Center for Children and the Law. Data collection, including case reviews and site visits, was completed by AOC staff and six law student interns.
With the release of this report, the first stage of the project is complete. The next phase is development of goals and objectives as part of a long-term plan for implementation of the recommended improvements. An implementation committee has been appointed by the Supreme Court and is at work.
Findings and recommendations Although most children who enter
the Georgia court system because of abuse and neglect move to a permanent home in a relatively smooth manner, there are many ways in which refinements in the system could improve the handling of these cases. While a survey of Georgia laws, rules and procedures relating to deprived children shows that the

state's juvenile code follows federal guidelines, consistent policies and uniform practices are lacking. The report focuses on these issues. A summary of the project's five primary recommendations follows.
The study found that complete and accurate data is not available, and definitions are not uniform among agencies who compile data on abused and neglected children.
1) Develop and implement improved, uniform methods of record keeping and court management ofjuvenile court caseloads.
Most discussions of how the courts handle child abuse and neglect cases rely on the number of children in care and the length of time children remain in care as indicators of how well the system is functioning. However, available figures are often unverified calculations; court records and DFCS records may be dissimilar. Therefore, such figures can be misleading. The study found that complete and accurate data is not available, and definitions are not uniform among agencies who compile data on abused and neglected children. Comprehensive background information on children in foster care, information on the placement process, and dates and outcomes of court hearings is also incomplete.
To address these problems, a uniform, statewide record-keeping system with standardized definitions
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December 1996

and methods of reporting information is recommended. Court records and DFCS case files often do not contain the same information or use the same definitions. Recommendations include: automated caseload management systems making information accessible to the courts, DFCS, Department of Children and Youth Services (DCYS) and the AOC; and adherence to Uniform Juvenile Court Rules covering uniform definitions, uniform reporting methods and uniform methods of gathering and compiling statistics.
2. Increase education and training; provide cross-training and trial manuals for all persons working with juvenile court cases.
Judges, DFCS workers and SAAGs all expressed a desire for additional training on similar topics, including the legal, evidentiary and procedural aspects of child protective proceedings and specific deprivation issues such as family dynamics, child development, and medical and psychological aspects of abuse. SAAGs requested special training on DFCS policies, procedures and services. Cross-training with other professionals and a comprehensive review of training materials now in use is required to meet these needs and would provide for cross-agency communication, uniformity and compliance.
Co-existing with the need for
training is the need for current, coordinated practice manuals tailored for
each group of practitioners. Information collected for this study shows that court practices vary widely across the state. Standardized, coordinated practice manuals could include information on norms of practice within the juvenile court system, and, updated on a regular basis, would increase consistency and compliance with existing laws.

The study noted that some manuals
and materials are currently available:
Juvenile court judges have developed a benchbook that is periodically updated. A training manual was developed for SAAGs in 1992 and additional training manuals were distributed in 1995. Consistent updating of these materials is lacking, although the State Law Department plans to conduct regular training seminars for SAAGs. Other attorneys practicing in juvenile court receive materials, but not a practice manual, from continu ing legal education seminars. The Georgia Association of Juvenile Court

and legal representation in the areas such as the following:
Appointment ofguardians ad litem
The juvenile code requires the appointment of a guardian ad litem or an attorney for the child in every deprivation case. Only four counties in Georgia have full-time child advocates on staff. In the other 155 counties, attorneys or volunteers are appointed on a case-by-case basis. Some counties move children through the court process without representation (see Recommendation 4).

The report finds that the greatest need is for information on current
practices to provide a context for judges and others to evaluate and improve practices within
their own courts.
Clerks created a manual in 1995 for use in their annual seminars. Notwithstanding these efforts, more work needs to be done.
3. Develop and distribute standards of practice for juvenile court judges, attorneys practicing in juvenile court, and court personnel working on juvenile court cases.
The greatest need is for information on current practices to provide a context for judges and others to evaluate and improve practices within their own courts. Such information could lead to development of standards for juvenile court practitioners. Developing standards of practice and incorporating them into training seminars could improve uniformity of practice, terminology

Rules for granting continuances
One area identified for closer examination was delays in the system. Over half the cases in the file review sample took longer than 67 days to reach adjudication, so continuance practices were an important area of focus during data analysis. This is an area with much variance, as survey and interview responses showed that 83% of judges surveyed and 74% of SAAGs surveyed said that their courts have no specific guidelines or rules for granting continuances.
Permanency planning
The juvenile code requires that dispositional orders include findings of fact on whether reasonable efforts were made to prevent removal of the child and facilitate reunification. These issues should be addressed
by every judge at every adjudicatory
hearing. However, according to survey results, when judges were asked to indicate how often they make a "reasonable efforts determination" at adjudicatory hearings, only 45 .1 % replied "always." Fifteen and one half percent replied "most of the time," 4.2% replied "often," 9.9% replied "sometimes," 2.8% replied "rarely," and 1.4% replied "never."
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Georgia Courts Journal

Report makes five recommendations

4. Ensure representation of all parties, including children who are the subject of proceedings, at all stages of decision-making by the courts.
The study found a need to clarify and emphasize issues of legal representation. Most judges and attorneys practicing in juvenile court agree that
The study found a need to clarify and emphasize issues of legal representation.
children need legal representation; however, responses to surveys and interviews show that children are not always represented. For example, court observation found that a guardian ad litem representing the child was present in only 65 % of all juvenile deprivation hearings observed.
Lack of representation can result in further delays in finding a permanent placement for the child. Court observation findings, confirmed by surveys and interviews, showed that the primary cause of continuances in juvenile court cases was a request for appointment of counsel.
Broad goals were identified as steps toward achieving full implementation of this recommendation to ensure that all parties are represented by counsel at every critical stage of the juvenile court process:
Provide one full-time attorney to represent deprived children in each juvenile court or circuit with a fulltime juvenile court judge, and retain the services of one attorney or firm to represent deprived juveniles in smaller jurisdictions.
Adopt statewide procedures which ensure that indigent parents have early access to appointed counsel so that they can understand the

court procedures and resulting juvenile court actions.
Explore the rights and needs of relatives who are involved in juvenile deprivation actions; adopt statewide procedures to ensure that these relatives understand the procedures and consequences of juvenile court actions.
5. Ensure state funding for a juvenile court judge in every county or circuit, and provide for full-nme judges wherever the workload is sufficient.
Currently, juvenile court cases in Georgia are heard by full-time juvenile court judges, part-time juvenile court judges or superior court judges. Full-time and part-time juvenile court judges are paid out of county funds; superior court judges are state-funded (counties may
Legislation providing for the appointment of circuitwide juvenile court judges was enacted in 1983 ....
but funding has never been included in the
state budget.
supplement the state allotment). In addition to hearing juvenile cases, superior court judges are responsible for all other types of trials, including death-penalty cases.
The report documents the need for state funding of juvenile courts to
provide judges who are trained specialists in juvenile court matters.
Findings indicate that juvenile court judges spend more time on juvenile court cases. While a longer hearing does not necessarily ensure better quality, it may indicate additional time spent examining the issues. The average juvenile court hearing before

a juvenile court judge lasted 32 minutes, while the average juvenile court hearing before a superior court judge lasted 14 minutes. Half of the juvenile court matters heard by juvenile court judges consumed 15 minutes or less. When these same matters were heard by superior court judges, half took six minutes or less. (A variety of hearings were observed to calculate these averages, including hearings to approve consent orders and hearings on termination of parental rights.)
In addition, juvenile court judges are more likely to have resources in place to ensure that children are moved to permanent placements in the most timely manner possible. Because these judges are appointed to focus on juvenile issues, they are more likely to become experts in juvenile law.
Legislation providing for the appointment of circuit-wide juvenile court judges was enacted in 1983.
A structure for state compensation was developed at that time, but funding has never been included in the state budget.
The implementation committee will work to obtain funding for fulltime juvenile court judges by:
Encouraging the judiciary to advocate for state-funded juvenile court judges to hear juvenile court cases in every county or circuit. Where there is sufficient caseload, the judgeship should be a full-time position.
Facilitating the development of a long-range plan for moving toward state funding of juvenile court judges; conducting a workload needs-assessment and cost-analysis.
For copies of the report To request the report, contact the
Administrative Office of the Courts (404-656-5171).
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December 1996

Child Placement Proceedings Project Advisory Committee
Judge G. Bryant Culpepper, Macon Judicial Circuit, chairperson
Carol Campbell, deputy division director, Department of Family and Children Services
Judge Virgil Costley Jr., Newton
County Juvenile Court
Diane Drennan, Fulton County Citizen Review Panel
Judge George J. Hearn III, Walton County Juvenile Court
Judge Sanford J. Jones, Fulton County Juvenile Court
Vicky 0. Kimbrell, Georgia Legal Services
Susan Phillips, executive director, Children's Trust Fund
Judge Ronald H. Rentz, Clay, Early, Miller, Quitman and Randolph County Juvenile Courts
Implementation Committee
At press time, the implementation committee included members of the advisory committee and two new members:
Judge Stephen E. Franzen, Gwinnett County Juvenile Court
Judge R. Michael Key, Troup County Juvenile Court ~

Drug Court conference held in Atlanta
Judges, public defenders, district attorneys, court administrators, treatment providers and others gathered on October 3 and 4 for the Metropolitan Atlanta Drug Court Training Conference. The conference, sponsored by Metro Atlanta Project
Superior Court Judge Isaac Jenrette of Atlanta (right) speaks with Judge Tommy Day Wilcox Jr. ofMacon, a member ofthe Supreme Court Committee on Substance Abuse and the Courts. PACT (Pulling America's Communities Together) and Mission New Hope, dealt with drug court design and management. Opening remarks were made by Janet King of the U.S. Attorney's office. Atlanta Judicial Circuit Superior Court Judge Isaac Jenrette followed, describing his experiences in establishing a drug court. He was introduced by Supreme
Court Justice Leah J. Sears. ~

Fulton judges take oath of office
Cynthia D. Wright was sworn in by Gov. Zell Miller as a judge ofthe superior court, Atlanta Judicial Circuit, on November 1. She was accompanied by her niece Caitlin Springer (center).
M. Yvette Miller receives congratulations from the governor after being sworn in as a judge ofthe State Court ofFulton County on November 1.

Child Placement Proceedings continued from page 1

Judge Culpepper thanked the Chief Justice, committee members and staff for their efforts. He recognized Karen Worthington, project coordinator throughout the study; Holly Sparrow, assistant director for research, AOC; and Greg Arnold, senior research associate, for their work.
In accepting the report, Chief Justice

Benham told of a defendant in a murder case nicknamed "Mad Dog," who, many years earlier, had been known as "little Mikey." Like Judge Culpepper, he believes that too many children are lost in this way.
The ceremony concluded with presentation of certificates of recognition to the commission members. ~

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Georgia Courts Journal

U.S. Supreme Court Justice addresses Professionalism Convocation

U.S. Supreme Court Justice Anthony M. Kennedy addressed the 1996 Convocation on Professionalism during a trip to Atlanta on October 23-34. Chief Justice Robert Benham introduced Justice Kennedy, who spoke on restoring civility to legal discourse. Justice Kennedy also visited the Lawyer's Club and Georgia State and Emory Universities.

Pictured here (from left): Sally Evans Lockwood, director of the Chie!Justice's Commission on Professionalism, Terie Latala and Justice Anthony Kennedy.

Judge Van Pelt joins Lookout Mountain Circuit

Newly sworn-in as a superior court judge on September 20, Ralph Van Pelt Jr. (center) joins the other judges ofthe Lookout Mountain Judicial Circuit (from left): Judge Wm. Ralph Hill Jr., Senior Judge Joseph B. Tucker, Chie!Judge Jon B. Wood, Judge Kristina Cook Connelly, the governor and Senior Judge Joseph E. Loggins.

Georgia Courts JOURNAL
Vol. 24 No. 2
Georgia Judicial Council
Chief Justice Robert Benham, Chair Presiding Justice Norman S. Fletcher,
Vice Chair Judge GaryB. Andrews Chief Judge Dorothy T. Beasley Chief Judge A. Wallace Cato Judge Rita L. Cavanaugh Chief Judge Howard Cook ChiefJudge Daniel M. Coursey Jr. Judge E. Purnell Davis II ChiefJudge Philip F. Etheridge Chief Judge Stephen E. Franzen Judge John E. Girardeau Judge Sanford J. Jones Judge William F. Lee Jr. Judge Jeannette L. Little Chief Judge George F. Nunn Jr. Judge LaVerne C. Ogletree Judge Floyd E. Propst Chief Judge Dorothy A. Robinson Chief Judge Richard W. Story Judge T.O. Sturdivant III Chief Judge William M. Towson Sr. Senior Judge E. Mullins Whisnant Judge Amanda F. Williams
Administrative Office of the Courts
Director
Robert L. Doss Jr.
Senior Communications Officer Billie Bolton
Editor NancyKahnt
The Georgia Courts Journal is a publication of the Judicial Council and the Administrative Office of the Courts. It welcomes news about Georgia's courts, their programs and personnel. Editorial and circulation offices: AOC, Suite 550, 244 Washington St., SW, Atlanta, GA 30334-5900, (404) 656-5171.

Georgia Courts JOURNAL
Administrative Office of the Courts 244 Washington Street, S.W., Suite 550 Atlanta, GA 30334-5900

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