Engaging Youth in the Courtroom

Please review the information in the sections below.

Document court actions

Document in the court order:

• Whether the infant is present at the hearing.
• OR if not present, address the reasons why the infant is not in attendance.
  • Ask why the infant is not present and what efforts were made for the infant’s attendance.
  • Explore and encourage resolution of transportation issues as a reason for nonattendance.
  • Depending on the situation, consider postponing the hearing until the infant can be present.
  • Request a current picture that will be introduced into the record.2

Observe the infant’s behavior and appearance

• How does the child interact and respond to caregivers, parents, and guardians?
• Assess whether the child appears healthy and well kept.
• Does the child exhibit appropriate developmental milestones?3

Preparations for court attendance

• Ensure that your courtroom is child friendly.4
• Ensure all children are accompanied by a familiar caregiver.

Possible questions to ask the caregiver about the infant

• Is the infant forming healthy attachments?5 With whom?
• Is the infant meeting developmental milestones?6

*50% to 90% of children can perform these milestones.

The Milestone Chart was adapted from Hagan JF, Shaw JS, Duncan PM, eds. 2008. Bright Futures: Guidelines For Health Supervision of Infants, Children, and Adolescents, Third Edition, Elk Grove Village, IL: American Academy of Pediatrics and Schor EL, ed. 2004. Caring For Your School-Age Child, New York: Bantam Books.

Sources

1 This bench card was created to assist judges when a child is present in the courtroom. It does not include what information the judge should require from additional parties, such as a report from the child’s therapist about the child’s mental health status.

2 The social worker or caregiver can provide the court with a picture.

3 Please refer to the Milestone Chart. For more information about child development, see Genie Miller Gillespie and Diane Boyd Rauber (eds.), A Judge’s Guide: Making ChildCentered Decisions In Custody Cases (ABA Child Custody and Adoption Pro Bono Project and ABA Center on Children and the Law 2d ed. 2008).

4 It may be necessary to address issues related to the infant’s safety at the courthouse and the appropriateness of courtroom waiting areas. Judges may find it beneficial to have age-appropriate toys and books available.

5 For more information about attachment, see JoAnne Solchany and Lisa Pilnik, Healthy Attachment for Very Young Children in Foster Care, Child Law Practice, Vol. 27, No. 6 (August 2008).

6 Please refer to the Milestone Chart.

Document court actions

Document in the court order:

• If the child is present and verbal, have him identify himself on the record.
• OR if the child is not present, address the reasons why the child is not in attendance.
• What efforts were made and the accommodations offered to encourage the child’s attendance.
• Explore and encourage resolution of transportation issues as a reason for nonattendance.
• Depending on the situation, consider postponing the hearing until the child can be present.
• Request a current picture that will be introduced into the record.2

Communicate with the child during the hearing

• Keep language simple and age appropriate.
• Speak slowly and allow the child time to process the information.
• Use concrete terms.3
• Use names instead of pronouns.
• Stop at regular intervals to ask the child if he understands and if he has any questions.
• Ask the child to perform simple age-appropriate tasks (as outlined in the Milestone Chart).

Observe the child’s behavior and appearance

• How does the child interact and respond to caregivers, parents, and guardians?
• Observe the child’s demeanor when answering the questions (if verbal).4
  • Who does the child look to for help in answering questions?
• Is he scared? Anxious? Avoidant?
• Does he look to the caregiver for the “right” answer?
• Assess whether the child appears healthy and well kept.
• Does the child exhibit appropriate developmental milestones?5

Preparations for court attendance

• Ensure that your courtroom is child friendly.6
• Ensure all children are accompanied by a familiar caregiver, such as a foster parent.
• Consult with the child’s caregiver when scheduling the next hearing so it does not interfere with the child’s normal daily routine, e.g., naptime, mealtime, etc.
• If the child is verbal:
  • If helpful, offer to have a conversation in chambers, making sure it complies with all procedural rules.
  • Have the agency invite him to submit drawings, cards, or other age-appropriate materials periodically. Refer to anything previously submitted.
  • Acknowledge anything that the child gives to the court while the child is present.
  • Thank the child for coming to court.
  • Encourage the child to attend the next hearing.
  • Ask the child whether he has anything to say before the hearing ends.

Possible questions to ask the child (if child is verbal)

• How old are you?
• Do you like where you are staying now?
• What do you like (not like) about where you are staying now? Suggest options (e.g., bedroom, pets, people who live there).
• Do you go to preschool or daycare? What things do you like to do while you are there?
• What kinds of things did you and your mommy (or daddy) do the last time you saw her (or him)?
• Do you feel sad or miss anyone? Suggest options (e.g., brothers, sisters, grandparents).
• Have you been to the doctor?
• Do you like the doctor?

Possible questions to ask the caregiver about the child

• Is the child forming healthy attachments?7 With whom?
• Is the child meeting developmental milestones?8

*50% to 90% of children can perform these milestones.

The Milestone Chart was adapted from Hagan JF, Shaw JS, Duncan PM, eds. 2008. Bright Futures: Guidelines For Health Supervision of Infants, Children, and Adolescents, Third Edition, Elk Grove Village, IL: American Academy of Pediatrics and Schor EL, ed. 2004. Caring For Your School-Age Child, New York: Bantam Books.

Sources

1 This bench card was created to assist judges when a child is present in the courtroom. It does not include what information the judge should require from additional parties, such as a report from the child’s therapist about the child’s mental health status.

2 The social worker or caregiver can provide the court with a picture.

3 Concrete terms refer to objects or events that are available to the senses. For example, use “in the backyard” instead of “area.”

4 Changes in a child’s demeanor while answering questions may have several meanings. For example, a child could look to an adult for the answer because he is attached to that adult and wants to please him or her. On the other hand, the same action can mean that the child is afraid of the adult. For more information about questioning children, see Anne Graffam Walker, Handbook on Questioning Children: A Linguistic Perspective (ABA Center on Children and the Law 2d ed. 1999).

5 Please refer to the Milestone Chart. For more information about child development, see Genie Miller Gillespie and Diane Boyd Rauber (eds.), A Judge’s Guide: Making ChildCentered Decisions in Custody Cases (ABA Child Custody and Adoption Pro Bono Project and ABA Center on Children and the Law 2d ed. 2008).

6 It may be necessary to address issues related to the child’s safety at the courthouse and the appropriateness of courtroom waiting areas. Judges may find it beneficial to have age-appropriate toys and books available.

7 For more information about attachment, see JoAnne Solchany and Lisa Pilnik, Healthy Attachment for Very Young Children in Foster Care, Child Law Practice, Vol. 27, No. 6 (August 2008).

8 Please refer to the Milestone Chart.

Document court actions

Document in the court order:

• If the child is present, have him identify himself on the record.
• OR if the child is not present, address the reasons why the child is not in attendance.
  • What efforts were made and the accommodations offered to encourage the child’s attendance.
  • Explore and encourage resolution of common reasons for nonattendance, including interference with the school schedule and transportation issues.
  • Depending on the situation, consider postponing the hearing until the child can be present.
  • Request a current picture that will be introduced into the record.2

Communicate with the child during the hearing

• Keep language simple and age appropriate.
• Talk with the child about his interests, likes, and dislikes.
• If helpful, offer to have a conversation in chambers, making sure it complies with all procedural rules.
• Provide an age-appropriate list of legal terms to the child before court to which he may refer during the hearing.3
• Avoid legal jargon and acronyms.
• Encourage the child to ask questions, particularly if he doesn’t understand a question or statement.
• Answer one question at a time.
• Recognize cultural differences in language.
• Avoid abstract questions.4 Recognize that school-age children usually answer questions literally. For example: Q: Are you in school now? A: No. The child may be referring to where she is right now (the courtroom) instead of the broader question of whether she attends school.
• Publicly praise the child’s accomplishments.

Observe the child’s behavior and appearance

• Observe the child’s interaction with caregivers, parents, and guardians.5
  • Does the child look to them for help, support, advice, etc.?
• Observe the child’s physical appearance and health.
  • Is the child appropriately dressed?
  • Does the child look well-nourished?
  • Does the child have appropriate personal hygiene?
• Observe the child’s body language.
  • Be mindful of signs that the child may be frustrated or overwhelmed.6

Preparations for court appearance

• Ensure that your courtroom is child friendly.7
• Ensure all children are accompanied by a support person at the hearing such as a foster parent, CASA, mentor, coach, or other adult role model.
• Have the agency encourage the child to submit report cards, letters, drawings, or other age-appropriate materials periodically. Refer to anything previously submitted.
• Read anything that the child gives to the court while the child is present.
• Review the outcome of the hearing with the child and answer any questions (or ensure that someone else will do so).
• Ensure the child understands what was ordered and why.
• If age appropriate, ask the child what he wants to accomplish before the next hearing. Consult with the child and his caregiver when scheduling the next hearing so it does not interfere with the child’s normal daily routine, including school.
• Keep a school district calendar on the bench to ensure there are no conflicts with state standardized tests.
• Thank the child for coming to court.
• Encourage the child to attend the next hearing.
• Ask the child whether he has any last questions, thoughts, or concerns.

Possible questions to ask the child

• How old are you?
• What is your best friend’s name?
• What do you like (or not like) about where you are staying now?
• Do you see your mom and dad?
• Do you miss anyone? Provide options, e.g., brothers, sisters, grandparents.
• Where do you go to school?
• What grade are you in?
• Who is your favorite teacher?
• Who takes you to school?
• Are you having any problems in school?
• Do you have a tutor?
• What do you like to do before and after school?

Sources

1 This bench card was created to assist judges when a child is present in the courtroom. It does not include what information the judge should require from additional parties, such as a report from the child’s therapist about the child’s mental health status.

2 The social worker or caregiver can provide the court with a picture.

3 See Andrea Khoury, With Me, Not Without Me: How to Involve Children in Court, Child Law Practice, Vol. 26, No. 9 (November 2007).

4 An example of an abstract question is “How well do you get along with your family?” For more information about questioning children, see Anne Graffam Walker, Handbook on Questioning Children: A Linguistic Perspective (ABA Center on Children and the Law 2d ed. 1999).

5 Please note that some school-age children act out behaviorally with those they trust because they feel safe enough to express their stress, fear, or frustration. The child may also be testing limits. In addition, changes in a child’s demeanor while answering questions may have several meanings. For example, a child could look to an adult for the answer because he is attached to that adult and wants to please him or her. On the other hand, the same action can mean that the child is afraid of the adult.

6 Signs may include squirming, lying down, or fussing.

7 It may be necessary to address issues related to the child’s safety at the courthouse and the appropriateness of courtroom waiting areas. Judges may find it beneficial to have age-appropriate toys and books available.

Document court actions

Document in the court order:

• If the youth is present, have him identify himself on the record.
• OR if the youth is not present, address the reasons why the youth is not in attendance.
  • What efforts were made and the accommodations offered to encourage the youth’s attendance.
  • Explore and encourage resolution of common reasons for nonattendance, including interference with the school schedule and transportation issues.
  • In the absence of exceptional circumstances, postpone the hearing until the youth can be present.
  • Request a current picture that will be introduced into the record.2

Communicate with the youth during the court hearing

• Keep language simple and age appropriate.
• Talk with the youth about his interests, likes, and dislikes.
• If helpful, offer to have a conversation in chambers, making sure it complies with all procedural rules.
• Provide an age-appropriate list of legal terms to the child before court to which he may refer during the hearing.3
• Avoid legal jargon and acronyms.
• Encourage the youth to ask questions, particularly if he doesn’t understand a question or statement.
• Recognize cultural differences in language.
• Avoid abstract questions.4
• Ask directed questions.5
• Publicly praise the youth’s accomplishments.

Observe the youth’s behavior and appearance

• Observe the youth’s interaction with caregivers, parents, and guardians.
  • Does the youth look to them for help, support, advice, etc.?
• Observe the youth’s physical appearance and health.
  • Is the youth appropriately dressed?
  • Does the youth look well-nourished?
  • Does the youth have appropriate personal hygiene?

Preparations for court attendance

• Ensure that your courtroom is teen friendly.6
• Ensure all children are accompanied by a support person at the hearing such as the foster parents, CASA, mentor, coach, or other adult role model.
• Provide the youth with a task (e.g., taking notes) during the hearing.7
• Have the agency encourage the youth to submit report cards, letters, or other age-appropriate materials periodically. Refer to anything previously submitted.
• Read anything that the youth gives to the court while the youth is present.
• When appropriate, ask for the youth’s input and opinions.
• Review the outcome of the hearing with the youth and answer any questions (or ensure that someone else will do so).
• Ensure the youth understands what was ordered and why.
• When appropriate, share court documents with the youth.8
• Ask the youth what he wants to accomplish before the next hearing.
• Consult with the youth and his caregiver when scheduling the next hearing so it does not interfere with the youth’s normal daily routine, including school.
• Keep a school district calendar on the bench to ensure there are no conflicts with state standardized tests.
• Thank the youth for coming to court. Reward even the smallest attempt at participation.9
• Encourage the youth to attend the next hearing.
• Ask the youth whether he has any last questions, thoughts, or concerns.

Possible questions to ask the youth

• How old are you?
• What do you like (or not like) about where you are staying now?
• Do you see your mom and dad?
• Do you miss anyone? Provide options, e.g., brothers, sisters, grandparents.
• Where do you go to school?10
• What grade are you in?
• Who are some of your friends?
• What courses are you taking?
• Who is your favorite teacher?
• Do you participate in any extracurricular activities?
• Have you thought about a career or what you want to do when you finish school?
• Are you having any problems in school?
• Do you have a tutor?
• What do you do on the weekends?

Sources

1 This bench card was created to assist judges when a child is present in the courtroom. It does not include what information the judge should require from additional parties, such as a report from the child’s therapist about the child’s mental health status.

2 The social worker or caregiver can provide the court with a picture.

3 See Andrea Khoury, With Me, Not Without Me: How to Involve Children in Court, Child Law Practice, Vol. 26, No. 9 (November 2007).

4 An example of an abstract question is “How well do you get along with your family?”

5 Where do you want to live? What do you like about your home? Do you know why you live away from home? Do you see your mom and dad? What things do you like to do with them? Do you wish you could see them more? For more information about questioning children, see Anne Graffam Walker, Handbook on Questioning Children: A Linguistic Perspective (ABA Center on Children and the Law 2d ed. 1999).

6 It may be necessary to address issues related to the youth’s safety at the courthouse and the appropriateness of courtroom waiting areas. Judges may find it beneficial to have age-appropriate games and books available.

7 Performing the task should be presented to the youth as an option and solely for his benefit. Performing the task may help the youth to focus attention and dissipate anxiety.

8 Sharing documents increases awareness and gives the youth a sense of control.

9 Rewarding all attempts at participation adds to the youth’s sense of control and self-confidence.

10 For a more detailed list of questions to ask regarding school and related issues, see National Council of Juvenile and Family Court Judges, Asking The Right Questions: A Judicial Checklist to Ensure That The Educational Needs of Children and Youth in Foster Care Are Being Addressed (2005). Other resources to address education issues can be found at the Legal Center for Foster Care & Education website, www.abanet.org/child/education, and in the Legal Center’s recent publication, Blueprint For Change: Education Success For Children in Foster Care, available at www.abanet.org/child/education/blueprint.