CPP newsline [Vol. 5, no. 1 (Summer 2002)]

Vol. 5 No. 1 Summer 2002
CPP Newsline
The Supreme Court of Georgia Child Placement Project Newsletter
Welcome to the CPP newsletter. The format of this newsletter will focus on the implementation of improvements to the child deprivation process and will strive to keep our readers informed of the
progress of the CPP.
TABLE OF CONTENTS CPP Priorities Set For the Next Year!! A Message from the ABA National Conference on Children and the Law
CPP Happenings Happenings Around the Nation
Happenings in Georgia

CPP Priorities Set For the Next Year!

By Judge Tom Rawlings Juvenile Court Judge of Middle Judicial Circuit
With new long-term funding and a new home in the Administrative Office of the Courts (AOC), the Child Placement Project (CPP) continues to serve our state's child welfare system through advocacy, education, and grants and technical assistance to juvenile courts.
Congress has re-funded the project through early 2006, providing $318,000 in funds to CPP for the coming year. Of these funds, CPP's advisory board supports the spending of $272,000 for education, equipment, and technical assistance. The budget includes

With recommendations from the Governor's Action Group for Safe Children coming out, the CPP advisory board elected to hold, unallocated, approximately $50,000 of its budget to help implement recommendations for the Governor's Action Group as well as needs that emerge from the CPP summer assessment. The CPP was able to have these additional funds, thanks to the generosity of the AOC, which has agreed to assume responsibility for the salary and benefits of the model juvenile courts coordinator, Lori Bramlett.
Composed of members representing all aspects of the juvenile court and foster care systems, the CPP board also continues to search for and relieve bottlenecks in the handling of abuse and neglect cases. For its June 24th meeting, the

continued funding for ongoing CPP services, such as:
$50,000 to support juvenile court judges hosting "stakeholder" lunches for those vested in the child welfare system. As in past years, CPP will pay up to $5 per person/lunch to cover the costs of these meetings. $50,000 to assist with travel expenses of the Fall Child Placement Conference (October 2-4, Peachtree City) and to assist judges with travel and tuition expenses to be able to attend and participate in national conferences. $50,000 to help courts purchase computers and other technology designed to speed case processing and manage case oversight.
In a new initiative designed to "leverage" its funds to bring in more financial assistance to courts, CPP has contracted with a grant-writing firm and can offer its assistance to courts seeking grants for court-based child welfare projects. The firm will notify judges of available grants and will work with courts to produce winning grants for the entire state. All grants will be administered by the AOC for the local courts. The CPP also continues to seek technology enhancements for courts. This year, we will spend $60,000 to improve the online case plan reporting system and are working to produce a secure, private, online calendar that can be accessed from any Internet-connected computer by judges and other court-approved officers and personnel.

CPP board invited DHR Commissioner Jim Martin and Attorney General Thurbert Baker for a discussion about the work of Special Assistant Attorneys General in deprivation and termination cases. Commissioner Martin joined the group for a lengthy dialogue of suggestions to expand SAAG training, to cut costs by doing more basic legal work at the state level, to give greater control to local DFCS directors, and to raise SAAG salaries. Because it combines funding with the leadership of Justice Hines and the viewpoints of everyone involved in child placement -- from SAAGs to child advocates to DFCS to judges, CPP is in a position to provide great assistance to those seeking to improve the child welfare system. Be sure to take advantage of the services CPP offers!
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A Message from the ABA National Conference on Children and the Law
Full text of a speech given by the new Director of the National Council of Juvenile and Family Court Judges, Former Judge David Mitchell at the 10th Annual Conference, June 8, 2002 Washington DC.
Thank you for the kind introduction. It certainly is more than I deserve. I regard myself as a simple man given the opportunity to do extraordinary work. The essential responsibility I have is refocusing American thought to the good of our children. Judges and other professionals confront challenges within the juvenile courts of America but these also stand as opportunities to reshape the future of a child, a family and our nation. Who knows whether that child becomes an astronaut, teacher, police officer, lawyer or even political figure when we make a decision on who has the socially recognized responsibility for a particular child? The juvenile justice system sets the context within which many children will be raised.
Sadly, too many of the children in the court are of color and from economically disadvantaged families. We cannot care less because of that but must do more. This room alone contains individuals whose lives changed dramatically because of the intervention of someone during a troubling moment or crisis. One joy in my life as a judge came when a youngster wrote to thank me for saying he had potential to do great things in the world. No one said that to him before. The realization came to him he must possess the quality since someone thought so.
I certainly appreciate the opportunity to return to this podium at the American Bar Association's Conference on Children and the Law. The National Council of Juvenile and Family Court Judges values the relationship developed with the Center on Children and the Law. Our organizations collaborate on issues that improve the competency of courts in their mission to repair the lives of children. I admit astonishment upon learning I am the first chief executive officer of the Council to address this conference. The realization of that fact troubles my appreciation for this moment.
A perspective on the future of the juvenile court cannot occur in the absence of an appreciation of its past. You cannot comprehend where you are going without understanding what you left behind. We at the National Council of Juvenile and Family Court Judges are committed to the future for the juvenile court although simultaneously acknowledging mistakes and difficulties in the past. Advocates for the court failed when directing the debate on the juvenile court to explain what the court is, and what it is not. The courts must protect children and families when private and other public institutions are unable to or fail to meet their obligations. The protection of society by correcting children who break the law, preservation and reformation of families, and the protection of children from abuse and neglect are missions of the court. When the family falters, when the basic needs of children go unmet, when the behavior of children is destructive and goes unchecked, juvenile and family courts must respond. The court is society's official means of holding itself accountable for the well-being of its children and the family unit. Apologist for the court expended too much energy constructing a justification for the excesses of the past. The court resembled the failed criminal court example rather then acquainting the public with the court's core mission.
The fundamental essence of the juvenile court is the recognition that children are different from adults. They are not pint-sized or cut down adults coming before the court for criminal acts or as victims of

crime. The juvenile court deals with children, and it is frustrating as all get out when people fail to perceive the difference between a child and an adult. A child victim of abuse or sexual assault is not identical in any way to an adult victim. The only possible similarity is the definition of the underlying criminal behavior.
Our society obliterates the tenant that eliminates the distinction between a child and adult when we confront behavior that displeases us. Legislatures in the last decade rushed to enact laws that treated juvenile age law violators as adults in total disregard for the data that youth treated as adults re-offended with greater frequency than those who remained under the jurisdiction of the juvenile court. We consequently repudiate the concept of a child who commits miscreant behavior as the act of a human being still in the developmental stages of life. The same failed logic applies to the juvenile court with its perception as a miniature criminal court that deals with junior grade criminals. Society discards the notion of children who commit crimes as children, beings whose perception of an adult reality is in conflict with their circumstances. It is a fallacy to regard children and adults as subject to the same legal standards of responsibility.
Children see, feel, hear, understand, respond and do things differently than adults when presented with identical stimuli. The cognitive capabilities of children develop through time and the genius of the juvenile court is the appreciation that although the external behavior resembles that of an adult, the child actor is not the same creature. Therefore, the response to that behavior should reflect an understanding of the needs of the child. While we dream of the future, the present represents an anchor. Winston Churchill remarked, "lf we open a quarrel between the past and the present, we shall find that we have lost the future." Anatole France wrote, "The future is hidden even from those who make it."
Our obligation is the creation of a vision for the future of the juvenile and family courts and its judges. That exercise in vision hunting resembles the art of seeing the invisible to paraphrase Jonathan Swift. The future of the juvenile court will resemble the past if our society continues its misguided denegation of the court as an un-important, low-status enterprise within the nation's legal system. A sin of the past is the consignment of the court to the lowest rung in the legal hierarchy and the public perception. The plight of children in court and the systems that aid them and their families will continue suffering as long as we remain complacent to this outrage. Why is the accumulation of excess wealth granted greater social significance than a career devoted to improving the lives of children? Unless something new occurred in science with the turn of the century, children continue to embody the only future for human kind. It is the job of juvenile courts to oversee the reconstruction of broken, frequently disadvantaged, children who form part of the future of this nation.
We hobble that future when America relegates juvenile courts to the lowest level of esteem within society and provide few resources for it to accomplish its goals. The problem in not just that of the legal community and the public at large, but one in which the media shares a significant responsibility for diminishing the role of children's courts. Government needs to ensure that juvenile courts have sufficient professional staff to monitor cases of families and children, and the courts must integrate child welfare and delinquency intervention services in communities. The days that these disparate parts of the system view themselves across a wide chasm are over. In addition, the approach to delinquency must be a multidisciplinary -- one that recognizes the connection between family dysfunction, child victimization, and juvenile delinquency. We must engender support within communities for alternative dispositions for youthful offenders that are consistent with the legitimate concerns of communities for safety.
The juvenile courts of the future need to be involved in prevention and early intervention as it applies to

abuse and neglect as well as delinquency. That means government must support families in distress. A quality and meaningful public education system is necessary for families mired in poverty and devoid of a view of the future. The court does not exist in a vacuum. Its triumphs are many but the courts achieve them against the odds of troubled systems in other segments of the social fabric. Government at all levels must stress the continued commitment to improving education, housing and health care since these systems have a particular relationship with the clientele of the court.
We, as emerging leaders in society, need to commit ourselves to a moral structure that elevates the value of our own family. Our example of piety and faithfulness to our families serves as a beacon in a world desperately in need of heroes. I speak here of our reverence for the children we bring to the world and the partner who joined us in the responsibility. Do not sacrifice them on the altar of career advancement. Commit yourself to being an involved parent who respects rather than abuses the relationship and your children will follow that model. Others will seek you out as an example as well.
The juvenile courts of the future need involvement in prevention and early intervention. The judiciary and the citizens of this country must become partners in preventing abuse, neglect and family violence in order to interrupt the cycle that leads to delinquency. The National Council of Juvenile and Family Court Judges encourages all judges who serve in the children's courts to:
Step from behind the bench and become involved in the community. That takes many forms, but the minimum is to help the community understand the unique role of the court. It is not a miniature criminal court for children. Opponents of the court misled society with the perception of the court as an adjunct to the adult criminal court. The juvenile court celebrates the distinction of being a court that addresses the multiple issues presented by troubled children caught in the web of dependency or delinquency.
Be conveners and educators in your community. It is our role to assemble people and assist them toward a solution for a problem considered unsolvable. Judges possess enormous untapped authority in communities to focus the attention of disparate groups on their mission of children and families. We can hold them accountable to that mission in their reactions to issues of control and responsibility to remedy a situation.
Advocate for the development of resources and ensure their availability. Who is there better suited to summon the moral commitment of a community to help families than the judge?
Recruit and train attorneys in their responsibilities in the juvenile court. Little support is available in traditional legal settings for lawyers dedicated to juvenile law. Judges can work with organizations such as the National Association of Counsel for Children, which drafted training materials for child legal advocates to develop competency in adolescent emotional concerns as well as legal matters.
Work to establish a court appointed special advocate (CASA) program in your community, and then participate in training the volunteer advocates for children.
Tell the story of delinquent children and what remedies the court requires to convert then to law-abiding citizens. No one knows better than the judge that alternative treatment centers focusing on family values for youthful offenders that hold them accountable for their deeds work better to rehabilitate than large unmanageable institutions. These values are easily defined as work precedes reward and every member of the family has a job that is essential to the success of the family.
Administer an effective and efficient court system that implements good business practices in serving both a rehabilitative and protective function for children and their families. Be about the business of

your business. Run a good court.
Involve the citizens and the governing body of the community in the process of change. Judges can ethically solicit their participation and input.
Finally, stay youthful in mind yourself. Embrace rather than resist change or innovation. The process of change is the only constant in life and ceases only with death. You either change or are changed and that process comes only because you either saw the light or were lit up.
I had the gratifying experience in 17 years as a judge of presiding in every type of proceeding a state court of general jurisdiction afforded. Complex civil proceedings involving class action claims with national implications to whether to override the concerns of a parent and order surgery for a child came before me. Death penalty litigation and domestic disputes comprised the docket of my court. Nothing I ever experienced provided the challenge of helping a child. I say to the lawyers and judges here that your service in the court provides the unique opportunity to touch the future. The child you help today is the future of this nation. What will you say when you passed up the chance to make his or her life better?
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CPP Happenings
A status report of CPP projects:
Georgia's Program Improvement Plan The CPP is conducting summer assessment of juvenile courts and will be preparing a public report in October about progress.
CPP Trial Reference Manuals The CPP (with the help of many interns and professionals) has updated four deprivation trial reference manuals. These manuals have been written for DFCS caseworkers, DFCS SAAGs, Attorney Guardian Ad Litems and Attorney for Parents. The manuals have been published on the web with a search engine so you can find any topic that you are looking for. The Barton Clinic is hosting the manuals for free! Check them out. See: http://www.childwelfare.net/resources/JuvenileCourtRefManuals/
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Happenings Around The Nation
A discussion was held recently with the CPP committee about getting visitation centers for participants in deprived cases (and others!). A grant entitled Safe and Stable Families will be available every year in May. Several communities are applying for these funds this year in order to increase and improve court ordered visitation between parents and children and sibling visitation. Other conversations regarding getting the community involved with the courts have been taking place as well. Below is a summary of this topic from an ABA Child Center on Children and the Law publication: Court Works
Community Involvement with the Courts While most Court Improvement Projects (the CPP's federal name) have focused on internal improvement in the courts, some states are finding creative ways to look outward for improving. Some examples are listed.
Adoption Saturdays -- this project started in Los Angeles and is becoming a national project. Judges, court staff, child welfare workers and attorneys all volunteer their time to allow a court to hold completion hearings for hundreds of children in a single day. In New York, last year, a court finalized adoptions for 209 children during its first national Adoption Saturday.
Open Courthouse to Educate the Public -- Just as schools hold open house night to allow parents and children to become familiar with each other, some courts are opening up to the public to raise awareness of juvenile court issues. Some of programs are used for educating the community about the role of the juvenile court and the challenges the court faces, attracting new foster and adoptive parent, and publicizing the need to continue the progress toward improving.
Foster Dolls -- The Foster Care and Adoption Association of Nevada with some support from their juvenile courts worked to increase legislators interest in foster care and juvenile court issues. The Association made every legislator an honorary foster parent of abused and neglected dolls (the dolls were used and in bad condition). Each doll provided the legislator with information about a fictional abused or neglected child. The legislators were told that it was their job to fix the doll's problems while the dolls stayed with them. During the session, the Association sent legislators a weekly letter discussing foster care and child welfare issues. Some legislators became attached to their dolls. One took a doll for a professional haircut, another cried when the dolls were taken away at the end of the session. Legislators who had not known much about foster care prior to this campaign, acknowledged that the experience had made them much more aware of these issues. Since the campaign, the foster care rate has increased by 20%, the clothing allowance for foster children has doubled and respite care is now available. Foster care is also now a separate line item in the state's budget.
Other reports of community/court projects: Courts inviting residents to help create a meeting space in the courthouse for parents, children and attorneys; Courts sponsoring a drive to collect used toys for children to play with while waiting in court; Courts and Agencies reaching out to businesses that can donate goods and services for court improvement activities; Courts and Agencies facilitating and training a speaker's bureau of community members willing to address other organizations and individuals on the needs of the juvenile court and court improvement;

Churches creating visitation centers for evenings and weekend visitation for parents and children in civil child abuse or neglect cases.
If you need support or ideas, the ABA has assigned a person to solely encourage or assist with community involvement and juvenile courts. Her name is Leigh Goodmark at 202-662-1758 or e-mail at goodmarl@staff.abanet.org
The National Council of Juvenile and Family Court Judges has developed a curriculum for judges willing to take the lead in fostering partnerships in their communities entitled, Court, Agency and Community Collaboration. Copies are available thru the NCJFCJ's Permanency Planning for Children Department 775-327-5300 or see www.pppncjfcj.org/
From Another Discipline... A recent article in the medical journal Pediatrics entitled, Children who return home from foster care: A 6-year prospective study of behavior health outcomes in adolescence found that children who were reunited with their parents, compared to children who were not, showed more self-destructive behaviors, higher levels of substance abuse, and higher total risk behavior problem standardized scores. To read the article, see http://www.pediatrics.org/cgi/content/full/108/1/e10
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Happenings in Georgia
Governor's Action Group for Safe Children The CPP is part of the Governor's Action Group for Safe Children. This group is charged with developing specific action items for improving placements for children who are in state custody. The recommendations should be available by the end of this summer. To review the current work, visit http://www.georgia-kids.com/
Upcoming Conferences
September-The Office of the Child Advocate is hosting the first statewide Guardian Ad Litem Conference, September 19 and 20th, in Macon GA. The CPP, GA CASA and GIDC Juvenile Advocacy Division are supporting this effort. Please call GA CASA for registration information to attend this conference. 404-874-2888 or see http://www.gachildadvocate.org/
October-The Third Annual Child Placement Conference will take place on October 2-4 in Peachtree City. DFCS, GAHSC, GA CASA, DJJ and MATCH are all doing this conference together. For more information, see: http://www.gahsc.org/
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