General Information

Why the Court was Created The Dependency Court - What it does Friendly Environment Protection Empowerment CASA Comfort Court for Kids Children's Law Center Free Art Adoption/Abandonment/Emancipation Proceedings Juvenile Dependency Mediation Services County of Los Angeles Juvenile Court Mental Health (JCMHU) Parents Beyond Conflict Scholarship Funds School - Dependency Court Liaison Donations

Why The Court Was Created The Juvenile Dependency Court system's primary mission is to ensure that children are safe from abuse and neglect. Whenever possible the Court strives to preserve and strengthen families so children can be raised safely in their own homes. When this is not possible the Court orders the provision of a nurturing temporary foster home and supervises the care. The Court's focus then shifts to ensuring that children receive a permanent home in a timely fashion, either through reunification with their rehabilitated parents or through adoption, legal guardianship or a long term foster care commitment. The trauma of child abuse, and the often intimidating nature of the legal system, can threaten the child's concept of control and stability in his or her life. Compounding the problem, such dependency cases were heard until July 1992 at the Criminal Courts Building in downtown Los Angeles, and in temporary trailers behind the Van Nuys Courthouse. But because these children are victims, not defendants, it becomes society's responsibility to ensure that the legal system does not victimize them again. Therefore, out of consideration for their needs and feelings, and with the generous assistance of many dedicated professionals, volunteers and financial donors, Los Angeles County has established the nation's first dependency courthouse designed from its inception as a child-sensitive facility. The building's courtrooms are smaller and designed to be less intimidating to children than traditional courtrooms. Additionally, special areas are designed for children to play to help reduce stress and trauma. In particular, the Shelter Care area provides a warm and reassuring respite for children to participate in interesting and enriching activities, or simply to rest or nap. Through the energy, commitment and generosity of many, many people, the Edmund D. Edelman Children’s Court has established a new national standard for innovative and compassionate care of children and families subject to the Dependency Court process. The Dependency Court - What It Does Currently, there are 20 Dependency Courts located at the Edmund D. Edelman Children’s Court in Monterey Park, and one Dependency Court located at the Alfred J. McCourtney Juvenile Justice Center in Lancaster. The Lancaster facility serves families and children residing in the Antelope Valley. Most reports of child abuse do not result in any court action. In many situations, the child can be protected without court intervention. In some, reports may be faulty or false. Still others lack sufficient information to adequately support legal action. On the other hand, some reports of child abuse may involve complicated and often confusing procedures and hearings in the Juvenile Dependency Court, the Criminal Court or the Family Law Court, or all three. The most common court action resulting from a report of child abuse occurs in the Juvenile Dependency Court. The incidents of abuse and neglect which are assessed as actually or imminently dangerous to children are referred to this Court. This legal process is intended to protect children through the use of the Court's authority. The process is initiated by the filing of a petition by the Department of Children and Family Services under Welfare and Institutions Code (WIC) Section 300. During the pendency of a Section 300 WIC proceeding, a child may be detained or may remain in the custody of a parent. The child's situation may be serious enough to warrant court action, but not pose immediate danger to the child. In such a case the child can remain safely at home while an investigation and the court hearings proceed. If the safety of the child cannot be assured at home, the child can be removed from the parents' custody and placed in protective custody. Following the filing of a WIC 300 petition and the detention/arraignment hearing, the Court conducts addition hearings to determine whether the allegations are true, (the adjudication), and if true, whether Dependency Court jurisdiction is necessary. A large percentage of the cases proceed through a settlement process by referral to the Dependency Court Mediation Services Program. Cases reaching agreement after discussion with the neutral third party mediators do not require a trial. At the disposition hearing, the Court decides whether the child may remain safely in the parents' home under Department of Children and Family Services (DCFS) supervision (home of parent order) or must be suitably placed. The family may be ordered to participate in activities to help the family overcome the problems which brought the family before the Court. DCFS is ordered to provide services referred to as "family maintenance services" if the child remains at home or "family reunification services" if the child is placed out of the home. Any case under the jurisdiction of the Court must be reviewed by the Court at least every six months until jurisdiction is terminated. If the child is placed out of the home, the Court conducts a hearing to establish a permanent placement plan within 12 months. The purpose of this hearing is to determine whether or not the child can be returned home or if there is a substantial probability that the child can be returned with an additional six months of reunification services. If so, the Court will continue the permanent placement hearing no more than six months in the future. If it is determined that the child cannot be returned to the parent, the Court must decide on the most stable permanent place for the child. The Court may consider terminating parental rights and proceed to adoption or, without terminating parental rights, proceed to guardianship or long term foster care. A subsequent petition under WIC 342 may be filed to allege new facts or circumstances, other than those under which the original petition was sustained. A subsequent petition under WIC 300 may add facts or circumstances to a petition which has been previously filed. A supplemental petition under WIC 387 is filed to change or modify a previous order by seeking to remove a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home or commitment to a private or county institution. Such a supplemental petition must state facts sufficient to support the conclusion that the previous order has not been effective in the rehabilitation or protection of the minor. A supplemental petition under WIC 388 allows any parent, or other person having an interest in a child, or the child to state facts sufficient to support any change of circumstance or new evidence which would require a change of previous order or termination of jurisdiction. Friendly Environment The atmosphere created both inside and outside the Courthouse helps nurture the children, provides comfortable waiting areas and hopefully, enhances the process of recovery and healing. The beauty and tranquility of the Courthouse grounds are designed to help ease the pain and suffering for everyone associated with child abuse. The Courthouse has a cafeteria with an inside eating area and a picnic area outside. The waiting areas are designed for the comfort of both children and adults. Closed-circuit television is available in all waiting areas and the programs vary in order to interest children of all ages. Protection Shelter Care is a very special place where only the children in placement are allowed. Play areas provide a place to vent anger, calm nerves and, sometimes, meet new friends. Activities are planned each day for various age groups. All materials, supplies, books and toys are provided by private sector donations. Learning to use a sewing machine is easy to do when the goal is to make baby clothes for one's own baby. Responding to the children's needs prior to a hearing...fear, hope and anger...and responding to their needs after the hearing is made easier by the child sensitive environment and trained personnel in Shelter Care. Empowerment Children who are the subjects of Dependency Court Proceedings are appointed their own attorney. Prior to each hearing, the children meet privately with their attorney to discuss the facts of the case. After the hearing, the Court's Orders are reviewed by the minor and his attorney. The Courtroom is designed to create an atmosphere that is not intimidating to the children. CASA A Powerful Voice in a Child's Life What Is CASA? CASA of Los Angeles is one of over 900 Court Appointed Special Advocate (CASA) programs in the United States. Each CASA program responds to the particular needs of its own Juvenile Court, but all share the mission of providing screened, trained, and supervised community volunteers to advocate for the best interest of abused, neglected and abandoned children. The Los Angeles program is a public/private partnership between the Superior Court and the Friends of CASA, a not-for-profit corporation. More than 350 volunteers are supervised by a professional staff with experience in social work, mental health, education and family therapy. What Do CASA Volunteers Do? CASA volunteers advocate for children when: The Court needs specific information or would benefit from an independent investigation in order to make a decision regarding the child’s welfare. There is an unnecessary delay in achieving family reunification, legal guardianship, adoption, or emancipation. The child has a specific unmet need and requires advocacy to obtain educational, medical, or other services, except for the need for a mentor, big brother/sister, or special friend. CASA volunteers talk with social workers, family members, caregivers, teachers, doctors, therapists, attorneys - anyone who knows the child and can provide information about the child's needs. CASAs evaluate circumstances, investigate resources, look for community resources, and visit the child regularly and frequently. CASAs spend, on average, 5-6 hours per week on a case. CASAs present information they have gathered to the judge hearing the child's case via a written report that describes the child's situation and makes recommendations in the child’s best interests. For busy judges hearing 35 to 45 cases a day, CASA reports are an important source of information needed to make good decisions about a child's future. Who Are CASAs? CASAs are men and women from all walks of life who have made a commitment to helping children. Sixty percent of CASA volunteers work full or part time. Many are retired. No special skills are needed aside from common sense, initiative, good communication skills, and a genuine concern about children. What Does It Take To Become A CASA? CASA of Los Angeles trains new volunteers several times a year in Monterey Park and in North Los Angeles at our Lancaster office. Prior to being accepted into the CASA training program, prospective volunteers must attend an orientation session in Monterey Park or in the Antelope Valley, submit an application and be interviewed by CASA staff. A security clearance and fingerprints are required. The volunteer must be willing to make a one-year commitment to the program. The training consists of 36 classroom hours on the dependency court process, laws governing dependent children, the department of children and family services, family dynamics, child development, cultural awareness, information gathering and report writing, etc. Bilingual advocates are especially needed. Where Do CASAs Work? CASAs advocate for children who may live anywhere in Los Angeles County. They attend hearings at either Edmund D. Edelman Children’s Court in Monterey Park, or at the Alfred J. McCourtney Juvenile Justice Center in Lancaster. How Does A Child Get A CASA? Children are referred for a CASA by an order of the judge in the courtroom where the child's case is being heard. CASA of Los Angeles staff review the referrals and determine whether a CASA could have a measurable impact on a case. If the staff determine a CASA is appropriate, the CASA who agrees to take the case is appointed by an order of the judge. The appointment of a CASA is not appropriate when: The child’s behavior and/or circumstances would place a CASA volunteer at risk. The child is unwilling to participate in services or cooperate with advocacy. The child is frequently AWOL. The child is placed outside of Los Angeles County. How Can I Support The Program? You can support the work of CASA by becoming a volunteer or by helping to fund the program. To learn more about becoming a volunteer, contact: CASA of Los Angeles 201 Centre Plaza Drive, Suite 3 Monterey Park, California 91754 323-526-6666 volunteering@casala.org or visit: www.casala.org For information about volunteering in the Antelope Valley, contact the Lancaster office at (805) 945-6483. The program greatly depends on contributions of individuals. Contributions are tax deductible and can be made to: Friends of Child Advocates 201 Centre Plaza Drive, Suite 3 Monterey Park, California 91754 Also, when you serve as a juror, you can designate that your jury fees go to the Friends of Child Advocates. Comfort Court for Kids. Comfort For Court Kids, Inc., is a 501(c)(3) publicly supported charity created for the specific mission of helping abused and neglected children cope with their experiences at Dependency court. The Teddy Bear, a universal symbol of love and affection, is given to the children to help them through the confusing and often intimidating experience while at court and, of course, the children are allowed to keep their bears when they leave the courthouse. The use of Teddy Bears has become an integral part of the court process. The program helps children at every state of the proceedings in Court. In the initial interview between the minor and the attorney, the Teddy Bear helps "break the ice" and establishes a relationship of trust. The attorney asks the minor very sensitive and personal questions and trust is essential in the obtaining of essential information. The information obtained is absolutely necessary for the hearing officer to make detention/release decisions that do not place the minor at risk. For the first interview with the minor, Teddy Bears are available in the shelter care facility at the sign-in counter. The bears are immediately available to the attorney. The bears can be very useful in helping the minor illustrate where on his or her body the alleged abuse occurred. During the stay in shelter care before coming to court, the bear is an ongoing reminder that someone cares and is providing emotional support for the minor. When the minor is eventually called into the courtroom, he or she may not remember the attorney's name or role, but will remember the attorney as the person who gave him the Teddy Bear, thus reestablishing trust. The arraignment and detention hearing is most often a mysterious experience for young children. Words are said that they have never heard before. The hearing officer in the black robe, the bailiff and the court reporter are all things they know little about. The bears offer something to hold onto as a source of security, as a pillow, as something in which to hide one's tears and maybe later as a punching-bag to release anger and rage over what is happening in his/her young life. The bears as a source of security are even more evident during the tedious process of contested hearings. In some instances, the bear is a companion who is going through the process with the minor. Often the bears are used as a reference to point out "private places" that can spare embarrassment in front of unfamiliar adults and make it easier to communicate the information which is necessary to the fact-finding process. For more information about this charity, please call (818) 756-2015. Copyright © 1993 by Comfort For CourtKids, Inc. All rights reserved. Children's Law Center 201 Centre Plaza Drive, Mailbox 10 Monterey Park, CA 91754-2178 CLC attorneys represent children and some parents in juvenile court cases involving children at risk because of alleged child abuse or neglect. This area of practice provides people-oriented attorneys with an opportunity to make a real difference for at-risk children and for dysfunctional families. Attorneys for whom the practice of law is truly a helping profession find this work to be especially rewarding. It is high volume litigation practice. Attorneys are in court almost every day handling their own cases. The work involves trial, negotiation, mediation skills and legal research and writing in motion practice. CLC is proud of its commitment to ethnic diversity and to equal opportunity employment. The attorneys deal with a wide range of child or family related issues in addition to the allegations of abuse or neglect. These often include issues relating to medical, psychological, educational needs, substance abuse, parenting skills, custody, visitation, placement, and adoption. Evaluations and testimony from medical, psychiatric, and educational experts are frequently involved in dependency proceedings. The attorneys work closely with a support staff of social workers, paralegals, and social work investigators. CLC provides its attorneys with both basic and ongoing training, and is an approved MCLE provider. CLC is a nonprofit public benefit corporation established in 1990 and is funded by the County of Los Angeles. Its 95 attorneys are divided into three separate law firms. Each firm has it own separate suite of offices, supervisors, staff attorneys, and support staff. The Superior Court has named CLC as the primary provider of legal representation for children in juvenile dependency cases in the County of Los Angeles. Since early 1996, CLC attorneys have accepted only appointments to represent children. CLC attorneys practice exclusively in the courtrooms of the Edmund D. Edelman Children’s Court in Monterey Park (about five miles east of Los Angeles Civic Center). This state-of-the-art, child -sensitive courthouse was opened in 1992. The three CLC law firms are located in separate suites of offices which occupy the entire top floor of the Edelman Children's Court building. CLC also provides representation to children in the dependency court located at the Alfred J. McCourtney Juvenile Justice Center in Lancaster. Free Arts For Abused Children 201 Centre Plaza Drive Room 424 Monterey Park, California 91754 (323) 526-6527 12095 W. Washington Blvd. Suite 104 Los Angeles, California 90066 (323) 313-4278 www.freearts.org Free Arts for Abused Children recruits, screens, trains, places, and supports community volunteers to work directly with children and families living in crisis. Dance, drama, writing, music, and painting are just some of the avenues of creativity Free Arts volunteers use to encourage children and youth to channel their emotions, release their anger, and develop positive methods of communication through the arts. Free Arts trains volunteers to deliver successful and effective direct service programs based in the arts and creative expression to children and families living in crisis, thereby enhancing their communication, trust, confidence, and opportunities. For three decades, Free Arts for Abused Children has delivered meaningful programs that integrate the healing and therapeutic power of the arts into the lives of abused, homeless, and at-risk children and their families. We know that artistic expression builds confidence and self-esteem and that is why the philosophy behind all Free Arts programs is simply that “Art Heals!” Free Arts delivers on the philosophy that “Art Heals!” through 4 program models: Children’s Courthouse Program Free Arts operates a daily program at Edmund D. Edelman Children’s Court. Free Arts volunteers lead children, and often their adult caregivers, in simple arts and crafts projects as they wait for their court hearings. The art activities help to alleviate some of the stress and anxiety present in the court situation. Many children arrive at court feeling anxious; they leave with a greater sense of confidence and self-worth because they have had fun creating something special that they can take home. These programs are fully integrated into the courts’ activities and are highly valued by the judges, attorneys, social workers, and other courthouse staff. Volunteer opportunities are available Monday through Thursday, 10:00 a.m. to noon and/or 1:00 p.m. to 3:00 p.m. For more information, please contact Judith Larson, Courthouse Program Director, at (323) 526-6527 or at Judith@freearts.org. The Weekly Volunteer Program The Weekly Volunteer Program encourages community volunteers to customize a creative curriculum based on the volunteer’s specific talents or interests. With a minimum commitment of ten consecutive weeks, our volunteers bring innovative and creative arts to the many children living in residential facilities, transitional housing, or receiving services from local social service agencies. Free Arts Day Program A Free Arts Day is a mini arts festival for children living in residential care facilities or being served by foster family agencies. Free Arts volunteers lead a goal-oriented curriculum of age-appropriate art projects such as puppet making, clay sculpting, arts and crafts, and music and movement exercises. Surrounded by the supportive and caring adult volunteers working beside them, children learn to work through obstacles and discover their abilities and talents. Parents and Children Together with Art (PACT) Program The PACT Program works with families who have been designated “at-risk” – families who have experienced little or no success in spending quality time together. PACT uses family-centered art projects that have a high probability of successful completion. While working on these art projects, volunteers skillfully role-model for the families how to speak positively to one another and recognize one another’s talents and ideas. The PACT program reintroduces parents in crisis to the joy and pride of parenthood and family, thus creating a safer family environment. PACT art projects are designed to enhance respect, patience, trust, and teamwork within the family unit. Families participating in the PACT program are often receiving services from domestic violence shelters, transitional living facilities, or family resource centers. Volunteer opportunities are available seven days a week and can often be tailored to meet your scheduling needs. For more information, please contact our Volunteer Coordinator at (310) 313-4278 or at info@freearts.org. As an independent, non-profit organization, Free Arts for Abused Children relies on the generous support of community volunteers to deliver our creative arts programming. We are always looking for volunteers and we gladly accept financial and in-kind donations. Please visit our website to learn more about our programs and our commitment to the healing power of the arts! Adoption/Abandonment/Emancipation Proceedings General Information Adoption matters consist of petitions and hearings thereon. Examples of adoption proceedings are Petition for Adoption, Petition to Terminate Parental Rights, Petition to Determine Parent and Child Relationship, Petition for Freedom from Custody and Control (Abandonment proceedings), and International Adoptions. Hearings on adoption matters may be contested or uncontested. Basically, if an adoption matter is contested, it will be filed and heard at the Children’s Court in Monterey Park. Uncontested matters may be filed and heard in the district where the petitioner resides. Statutes which govern adoption proceedings are found in Sections 7660-7670, 7800-7895, and 8500-9340 of the Family Code. Chapter 13 of the Los Angeles Superior Court Local Rules, entitled Adoptions and Related Matters, serves as the procedural guide for the Court. It contains exemplars of the various petitions, consent forms, decrees, citations, notices, and other forms commonly used in adoption matters. Confidential Nature of Proceedings Adoption proceedings are strictly confidential and not a matter of public record. Because of that, the Court long ago established a centralized Adoptions and Abandonment Unit currently located at the Children’s Court in Monterey Park. All court files, documents, reports, and decrees are processed through this Adoptions Unit. Section 9200(a) of the Family Code states in essence that petitions, reports, and all other documents filed with the court in adoption proceedings are “not open to inspection by any person other than the parties to the proceedings and their attorneys...except upon written authorization of the Judge of the Superior Court and only in exceptional circumstances.” All Court staff must be particularly mindful not to disclose any information without properly identifying the person seeking such information. In most instances, inquiries on adoption proceedings, including photocopy requests, should be referred to the Adoptions Unit. All types of adoption petitions, both contested and uncontested, are filed and heard at the Children’s Court as mentioned above. However, it is the uncontested Petition for Adoption itself that may be filed and heard in the various district locations. There are four types of Petitions for Adoption: Agency, Independent, Stepparent/Domestic Partner, and Adult. Any one of these uncontested Petitions, when filed in a district, receives a case number with a prefix identifying it to that district. The Petition and other filed documents are immediately sent to the central Adoptions Unit along with the file folder for permanent storage. When the matter is ready to be set for hearing, a Memorandum for Setting for Hearing will be submitted to the district location where the matter was filed. Procedure may vary from district to district as to whether the date, time, and location are set from the courtroom or from the office but, in any event, the original Memorandum is returned to the Adoptions Unit once the setting information is filled in on the form. The Adoptions Unit will issue any citations and notices, if necessary. The Adoptions Unit will then send the court file to the district in time for the hearing date. A checklist will be included with the file indicating any deficiencies or documents that still need to be filed. On the date of the hearing, and before the matter is called, it is the Judicial Assistant/Court Clerk’s responsibility to ascertain if the necessary documents are in the file, including the Consent and Joinder (in Dependency cases only), the Order of Adoption, the Adoption Agreement, and in the instance of an Agency or Independent Adoption, an Adoption Expense Report. If one or more citations were issued in the case, or if notice of the hearing was required, the Judicial Assistant/Court Clerk must ensure that the proof of service of each citations or notice of hearing is filed. Service by publication may be allowed in certain instances. A proof of publication must be filed. The Court must be informed of any missing documents prior to the case being heard. Before the matter is called for hearing, a determination must be made as to whether any of the citees have appeared. Their appearance or non-appearance must be reflected in the minute order. The Order of Adoption must conform to the requirements in Section 117.58 of the Manual of Procedure for Superior Court Clerks. Judicial Assistants/Court Clerks must ensure inclusion of the date and place of the minor’s birth, the fact that the residency of the petitioner is in Los Angeles County, and the age of the minor at the time of adoption. Of particular importance is the inclusion in the order of the proper spelling of the new full name of the adoptee. All four types of adoptions require an Adoption Agreement form of some kind as prescribed by Chapter 13 of the Los Angeles Superior Court Local Rules (a Consent and Joinder is required in Dependency Adoptions only). During the hearing, certain parties are required to sign this form in open court. Children over the age of 12 years must also sign. If the adoption is granted, the Court will sign and date the Order of Adoption and the Adoption Agreement form. The Judicial Assistant/Court Clerk must file stamp these documents. It is permissible to conform one of more copies of the Order of Adoption for the parties or counsel. A minute order is prepared by the Judicial Assistant/Court Clerk reflecting the findings and orders of the Court. Again, it is of utmost importance to accurately reflect the new full name of the adoptee in the minute order, making sure the name conforms to what is reflected in the Order. The original and all copies of the minute order, the filed original Order of Adoption, the Adoption Agreement, the filed Adoption Expense Report, if required, and all other documents filed at the hearing are then inserted loose in the court file. Any conformed copies not given to the parties or counsel are also to be inserted in the file. Do not retain a courtroom copy of the minute order. The court file should be stapled shut and returned to the Adoptions Unit as soon as possible. It is important to remember that adoption proceedings are often times a joyous occasion for the parties involved. Thus, all court employees have an excellent opportunity to help the Court portray a positive image to the public it serves. Questions concerning the proper handling of adoption proceedings and documents should be directed to the Adoptions and Abandonment Unit at the Children’s Court in Monterey Park at (323) 526-6343. Juvenile Dependency Mediation Services Hours Of Operation Mediation Reception 8:30 a.m. to 4:30 p.m. Office Information Main Number (323) 526-6671 Dependency Mediation Program Description Background Juvenile Dependency Mediation is an alternative dispute resolution program within the Juvenile Court which provides a formal, non-adversarial process that is separate from but within the court structure. It is conducted by a highly trained neutral third party professional to resolve disputes. The information discussed in mediation is confidential. The nature of child abuse and neglect cases involves traumatic situations for children and family members. Contested hearings in these cases contribute further stress to the situation, and place the children and their parents in adversarial positions. Early resolution of these cases in mediation serves to reduce stress to children and families; allows for expedient case management; and provides significant savings of court adjudication time, attorney's fees and court costs, while preserving the Courts' authority to protect children. Judges/commissioners, attorneys or representatives of the child protection agency (either caseworkers or legal counsel for the agency, or both) have the option of requesting mediation. Once requested, Court rules and policies hold that all parties must attend. Why Mediation? Dependency Mediation is based on the principle that meaningful agreements are best created when all parties understand each other's different concerns and perspectives. Once all concerns are understood (even if not agreed with), parties can work together to find solutions. Dependency Mediation is committed to giving families and other mediation participants the opportunity to be directly involved in the creation of workable plans for their children. The Program provides services to families at all stages of the dependency proceedings. Mediation can be used to resolve legal issues, clear up misunderstandings, and/or clarify what is expected from family members and the Department of Children and Family Services (DCFS). A non-adversarial approach to case resolution permits parties to feel more comfortable with the settlement process and encourages them to participate more freely and fully in case resolution discussions. As a result of their involvement in the process, children, parents and others are more likely to accept the decisions that are made. Decisions produced in mediation are similar in many respects to those promulgated by judges. However, mediated agreements are more likely than other agreements to include detailed visitation plans for children in out-of-home placements. They are also more likely to address communication problems between family members or between the family and DCFS, to call for an early review of the case, to specify services for family members other than parents, and to address the need for temporary restraining orders. They are also more likely to have the parent specifically acknowledge the need for services. The Mediation Model And Participants Participants Los Angeles County's mediators include individuals with a variety of different backgrounds and training. The Los Angeles program began with a former Juvenile Court Referee providing services. The program later expanded to include trained mediators with backgrounds as a former referee and former court liaison for Child Protective Services. Currently, the program includes trained attorneys with Dependency Court experience, Family Law (custody/divorce) attorneys, and licensed child protective services workers. All mediators must have extensive experience with child abuse in the Juvenile Dependency Court system. Whatever their professional training, mediators generally agree that their jobs demand expertise in the areas of Juvenile Law, Family Law, child protection, child development and mediation. In addition to issues such as custody and visitation, Dependency Mediation addresses complex legal issues related to jurisdiction, evidence, treatment services, reunification and permanency planning. Family members, child welfare workers and attorneys all meet together with mediators to discuss the case and explore areas of settlement. The session is attended by one of the DCFS agency's court officer or liaison, rather than the individual worker assigned to the case. The wide geographic area covered by a single caseworker, the volume of cases, and the tremendous number of caseworkers are some of the reasons behind the decision to rely on a court representative. What Do Mediators Do? The mediator must establish among the parties a clear understanding of the mediation process. The mediator actively discusses the steps in mediation, the non-coercive nature of the process, the purpose of confidentiality and the importance of focusing on underlying needs and interests, not the entrenched positions, of the parties. The mediator first meets with the agency and party representatives including the Department of Children's Services court officer, the attorneys for the parents and the child or children, County Counsel and, where appropriate, the Court-Appointed Special Advocate. The purpose of this initial meeting is to begin the fact-finding, issue development process. This initial stage also defines the parameters of potential solution recognizing the state's parens patriae responsibility to protect the child. For this process to be successful, all agency and party representatives must be prepared, be knowledgeable about the case, and be authorized to participate in reaching an agreement and case plan proposal. The next stage of mediation involves a meeting with the parents and other interested parties who will be involved in developing and implementing the case plan. This meeting also involves orientation, fact-finding, information development, and issue development. The mediator may caucus with individual family members and party and agency representatives, but always in a way promoting neutrality as well as the appearance of neutrality. The next stage in the process involves problem-solving. Issues and underlying needs are reviewed. Points of agreement are noted and recorded. Issues in dispute are first defined and then the criteria or process to be used in resolving issues in question is set out. Often parties cannot agree on a specific solution, but they can agree on the criteria to be used in determining acceptability of proposed solutions. Also, the parties may agree on a process to assist in arriving at a solution such as additional information gathering, temporary solutions, and other step-up plans geared to creating a process which will arrive at a successful outcome. When agreements are reached, they are reduced to writing, then approved by parties and all counsel. The agreement is presented for court approval and the issuance of court orders. In short, mediators: Encourage open and clear communication among all parties (family members, attorneys and child welfare workers). Ensure that everyone's concerns are heard and understood. Create an informal atmosphere in which honest and good faith discussions can take place. Focus the parties' discussion, and ensure that all pertinent legal issues are addressed. Suggest new areas of inquiry and explore possible alternatives for resolving the disagreement. Help the parties create their own agreements. The mediators do not make the decisions, nor do they make recommendations to the judge. Program Goals The Dependency Mediation Program attempts to achieve the following goals: Reach a settlement or mediated agreement designed to protect the child from future acts of abuse or neglect. Reduce trauma and promote harmony among the parties. Orient the parent and the child to ways in which the legal and mediation processes blend, including the concept of confidentiality and the procedures for court ratification of settlements or mediated agreements, return to the court for hearing on unresolved jurisdiction or disposition issues, and periodic judicial review. Bring parties and professionals together to ensure their understanding of the issues in the case and the reasons for state intervention. Seek early resolution, improved calendar management, and more effective use of agency resources and staff time to clearly define issues and avoid a trial. Commence family treatment and counseling or permanency planning as soon as possible. Clarify roles of the participants and preserve the rights of parties during the mediation process and subsequent proceedings. File a case plan reflecting the parties' commitment to a mutually acceptable resolution. Enhance the administration of justice and relieve court congestion by making a prompt determination whether a case can be resolved by mediation or should be returned to court. Program History The first effort to introduce mediation into the juvenile court process occurred with a 1983 pilot project in one Los Angeles Juvenile court. Court filings which were not successfully negotiated by the attorneys in the case were automatically set for mediation. Through the efforts of Senior Referee Julius Libow, the Juvenile Court initiated the pilot program in 1983. The program was designed to achieve early case resolution and improve caseload and calendar management. Over the years, the pilot program proved highly effective in resolving a significant number of dependency cases. Shortly after the new settlement effort was in operation, the program began to explore ways of making the process more participatory, i.e., more like mediation and less like a settlement conference. The changes included greater efforts to include parents in the process. The simultaneous development of a Children's Court in Los Angeles County led to the formation of a task force which recommended an expansion of the existing services. The Juvenile Court implemented Mediation Services Program for all dependency courts in 1991. The Superior Court Personnel and Budget Committee, in 1990 and 1991, authorized the creation of a Dependency Court Mediation Services Program and committed funding for additional mediators and support staff. As of December 1995, the program was conducting approximately 3,100 mediation sessions annually. Currently, pursuant to Section 350 of the Welfare and Institutions Code, implementation of dependency mediation services is encouraged in all counties throughout the State of California. When Are Cases Mediated? Most cases come to mediation at the time of the jurisdictional hearing (also referred to as the PRC, or pre-trial resolution conference, hearing). At this stage, the key question is whether there are legal grounds for the children to be placed under the authority of the court. The decisions at this point typically focus on the wording of the petition and the evidence, if any, to support the petition. If all sides accept amendments to the petition, a contested jurisdictional hearing can be avoided. Mediators agree that a jurisdictional hearing can be avoided. Once jurisdiction has been established, a plan must be put into place that will specify what the parents must do, and what the child protective services agency must do, before jurisdiction is terminated. The most commonly dealt with issues in dispositional cases seem to be services for the parent(s); the need, if any, for continued out-of-home placement; the nature of this placement; visitation arrangements for cases when the children remain in the placement; and treatment services for family members. Post-disposition cases are also mediated. At this stage the case will be subject to periodic reviews by the Juvenile Court. Indeed, if the child is out of the home, Federal Law requires reviews every six months. At these reviews, mediation may be scheduled to deal with disputes over changes in the out-of-home placement, whether the child may return to live with the parents, the frequency with which parents are allowed to visit, whether visits must continue to be supervised and who will provide supervision; or other problems with the treatment plan. Federal law requires that a permanent plan for the child must be in place within six to eighteen months, depending upon the case. Mediation may be used around the time of the hearing on permanency planning to deal with disputes over the long-range goals. For example, the professionals in the case may be divided about whether reunification is still the goal. If it is not, the mediation will consider the relative strengths and weaknesses of the alternatives. Thus, the session may assess the relative merits of awarding legal guardianship to a relative or other adult who is providing care, or long-term foster care, or adoption. How To Prepare For Mediation As a party, talk with your lawyer about how you can assist one another to prepare for the mediation including questions such as those suggested below. As counsel to a party, you can prepare for mediation by considering with your client the following: What do the children need now? What can be done to meet each child's needs: by family members? by the Department of Children and Family Services? What do the parents need? What can be done to enhance the relationship between family members and the child welfare workers? What issues need to be resolved in order to avoid a trial? Are there other issues that need to be discussed that haven't been addressed before? What documentation of any progress -- or problems -- can you bring to the mediation, to support the positions you will take? County of Los Angeles Juvenile Court Mental Health Unit (JCMHU) Program Description In Los Angeles County, there are approximately 50,000 minors under the jurisdiction of the Juvenile Court. Many of these minors have needs for mental health services; at least 5,000 are being treated with psychotropic medications. Juvenile Court judges must make decisions regarding minors under their jurisdiction which affect and are influenced by the mental health of these minors. To optimally interface with the mental health provider system, it is vital for the Juvenile Court to have timely access to mental health consultation and liaison services. Juvenile Court Mental Health Services (JCMHS) serves this function. The mission of JCMHS is to optimize mental health care for children who are under the jurisdiction of the Juvenile Court. JCMHS accomplishes this goal through facilitation of effective Court decision making by helping all Court personnel obtain and interpret relevant mental health information and promoting collaboration between the various agencies in making and implementing plans to meet children's mental health needs. When a child is referred to JCMHS, mental health information regarding the child is obtained by various means including direct clinical evaluation, speaking to others who are significant sources of information, reviewing clinical and other records etc. JCMHS consults with judges, attorneys, CSW’s, probation officers, child advocates, family members and others and serves as liaison between them and members of the mental health provider system. This service facilitates the Court’s understanding of minors’ mental health problems and needs for services and enables the Court and related agencies to effectively access mental health resources on behalf of the child. JCMHS also provides a portal through which the mental health system is able to communicate with the Court system. The mental health needs of Juvenile Court dependents and wards are often complex and their elucidation may best be accomplished by a multi-disciplinary approach. Recognizing this, JCMHS functions may be performed by clinicians of different disciplines working as a team. Functions of JCMHS 1. General MH Consultation and liaison to dependency and delinquency courts Upon request by Juvenile Court personnel, JCMHS staff perform the following functions: Assessment by JCMHS to clarify a child’s mental health needs, whether they are benefiting from existing services and if not, what new services should be provided. Assisting the Court to determine when mental health evaluations would be useful in a given case and what types of evaluations to order. Assisting the Court in understanding and interpreting the results of evaluations. Facilitating obtaining information and services from the mental health system. Providing information about mental health placement and treatment resources. Facilitating multi-agency collaboration to meet mental health treatment goals. Organizing case conferences to achieve collaboration in difficult or unusual cases. Providing liaison between the Juvenile Court and the Mental Health Court (Dept. 95). These functions may be provided by any of the clinical staff. JCMHS clinicians are assigned to act as liaisons to groups of dependency courtrooms and serve as the primary consultants to the personnel of those Court departments. These clinicians make regular visits to their assigned courtrooms to actively engage with Court personnel to promote awareness of mental health treatment needs and early intervention for the minors whose cases are being heard. 2. Participation in the WIC 241.1 process Pursuant to the Juvenile Court WIC 241.1 protocol: A multi-agency (DCFS, Probation and DMH) evaluation of minors who appear to fall under both WIC 300 and 600 sections is performed. The product of this process is a report to the Court recommending which branch of the Juvenile Court (dependency or delinquency) should have jurisdiction. The role of JCMHS is to make a recommendation as to which system can best meet the minor’s mental health needs. Currently, approximately 120 such cases are referred each month to JCMHS for evaluation and recommendations. JCMHS clinicians collaborate with the CSW and DPO to: Collect existing mental health information Obtain or perform new assessments as needed Determine the extent and nature of a minor’s need for mental health services Recommend to the Court how and where and under which Court system those needs can be best met These activities and findings are documented in a written JCMHS report which is incorporated in the overall multi-agency report WIC 241.1 activities are primarily performed by Psychiatric Social Workers. 3. Psychotropic medication treatment monitoring and quality improvement Pursuant to the Juvenile Court Psychotropic Medication Authorization Protocol: JCMHS medical staff (clinical pharmacist, psychiatrist, pediatrician) review all requests to the Juvenile Court for authorization to administer psychotropic medication to minors under Court jurisdiction and make recommendations to the Court as to the propriety of the proposed treatment. This enables the Court to obtain and properly interpret information relevant to decision making regarding such authorization (approximately 12,000 requests for Court authorization to administer psychotropic medication are reviewed each year). Pursuant to a request from children’s judges or attorneys: JCMHS medical staff perform an assessment of children’s need for treatment with psychotropic medication, response to treatment, presence of adverse effects etc. and consult with their attorneys and judges regarding authorization of the treatment and/or intervention by the Court to effect changes in treatment. 4. Crisis intervention When requested by judges, attorneys or DCFS staff, JCMHS clinicians perform emergency evaluations of children who are at Court when there are urgent mental health concerns. If JCMHS intervention does not adequately resolve a crisis, JCMHS staff work with the responsible parties at Court to arrange for the child to be taken to an appropriate treatment setting. Contact information The main office of the Juvenile Court Mental Health Services is located on the 5th Floor, Department 425. The phone numbers are (323) 526-6425 or 6362. JCMHU staff can be reached at the following numbers: (323) 526-6362 (323) 526-6361 (323) 226-8729 (818) 455-4661 Parents Beyond Conflict Hostility between parents and other significant caretakers harms children. When parents have conflicts over custody and visitation, their children become caught up in the drama of parental conflict. Such conflict affects children emotionally, psychologically and physically. Parents Beyond Conflict is a juvenile dependency court program to assist parents and other significant caretakers in reducing their interpersonal conflict and poor communications with one another over custody and to prevent further harm to their children. The workshop provides parents with information about the causes of parental conflict and the destructive impact of such conflict on children. The developmental needs of children and their behavior under stress are examined. The best interests of children and their right to have safe, healthy contact with each parent are emphasized. Parents and caretakers are taught techniques for improving their communication with one another to ensure that the children's needs are identified and are met first. Problem solving and negotiation skills for use in future relationships are demonstrated by the facilitators. Parents experience direct interaction with one another using the new behavior skills. The essence of this program is to get parents beyond their own conflicts so they can work together and begin to focus on the needs of their children first. The Program is offered free of charge for parents and caretakers identified and referred by the Court. Each program meets for five consecutive sessions of two hours duration each commencing on Thursday for five weeks. The program is repeated every one and one-half months. The parents are provided with multiple handouts, lecture, direct interaction with facilitators, group discussion, small group exercises and role plays, homework and videos including "You're Still Mum and Dad," "Don't Divorce the Children," and "When Mom and Dad Break Up." The Court Program Parents Beyond Conflict is the first of its kind to be used in Juvenile Dependency matters nationwide. The response to the program by parents, caretakers, attorneys and the Judiciary have been very favorable. Parents immediately experience the direct application of the program to their own lives and to the lives of their children. Some of the participants appreciate the opportunity to discuss their own relationship conflicts with trained mediators and with other members of the class. Many parents discover that their experiences are similar and learn from discussion of the shared mistakes of other participants in handling conflict. Parents discover that they have a new common goal of finding more effective ways of overcoming impasse and disagreement for "The sake of their Children". Parents are relieved to learn ways to break the conflict cycles of the past and enjoy learning new ways of communication with one another. They appreciate the specific strategies developed in their sessions for resolving longstanding conflict. Many parent surveys indicate their desire to expand the program for additional sessions. Judicial officers report observing immediate changes in the behavior of parents toward one another in their Courts after the parties participate in the Parents Beyond Conflict. Many attorneys representing the parents and children have made similar observations about parents attitudinal and behavior changes toward one another. The program protects children by empowering their parents and caretakers to act positively on behalf of the children. For further information, contact: 201 Centre Plaza Drive, suite 2094 Monterey Park, CA 91754-2158 Phone: (323) 526-6671 NOTE: Parents Beyond Conflict is a unique program to Juvenile Dependency Court and no other program can be substituted. Scholarship Funds The Aaron Rubin Scholarship The Bob Franzell Scholarship For information regarding these scholarships, contact the Child Advocates Office in Monterey Park at (323) 526-6666 or the Child Advocates Office in the Antelope Valley at (805) 945-6483. You may reach us by e-mail at casala1@earthlink.net or visit our web site. School - Dependency Court Liaison THE Link BETWEEN THE SCHOOLS AND THE COURTS In June 1994, the Honorable Judge Marcus O. Tucker, Presiding Judge of the Juvenile Court, and Sidney A. Thompson, Superintendent of Los Angeles Unified School District, through collaborative efforts, implemented the School-Dependency Court Liaison position. The accessibility of a school liaison at the Children's Courthouse provides a direct link in expediting school related information and services for children and court personnel. Primary Functions Provides liaison and consulting services for the Los Angeles Unified School District personnel, dependent children, their families and/or caretakers and the following court personnel: Judges, Commissioners and Referees Dependency Court Legal Services Attorneys and Panel Attorneys County Counsel Court approved Special Advocates/Guardians ad litem Mediation Court Officers Children's Social Workers Department of Mental Health Professionals Expanded Liaison Services Provide information to authorized Los Angeles Unified School District personnel regarding students who are dependents of the court. Obtain school related information regarding dependent children from school authorities and provide that information to authorized court personnel. Assist with enrollment of children in appropriate school programs. Refer children and their parents/caretakers to Los Angels Unified School District program and/or community agencies. Provide liaison services for court personnel needing the assistance of school personnel who are involved with the special education process. Provide "In-Service"to any court related office regarding Los Angeles Unified School District's programs and policies. Assist attorneys in contacting Los Angeles Unified School District employees who are witnesses and also in arranging "on call" status when appropriate. Appear in court in lieu of another District employee in matters relating to explaining/interpreting school records such as attendance, grades, behavior and special education status. Testify in court as legal custodian of school records for Los Angeles Unified School District. Donations Special Needs Funds Now Accepting Online Donations The SPECIAL NEEDS FUND allows judicial officers, attorneys or social workers to nominate a child in foster care for grants up to $250 to meet a “special need” such as an article of clothing, limited dental care, a ticket to a special event or any need that would not be funded through another source. The fund was established through one-time grants by the California Community Foundation and needs contributions from stakeholders in the child welfare system and the general public to continue to assist deserving children and young people in Los Angeles. Those wishing to contribute online may click on this link to contribute to the Special Needs Fund. You will see a description of the fund and can follow the directions to donate online via credit card. Interested donors may also mail checks to the California Community Foundation, 445 S. Figueroa St., Suite 3400, Los Angeles, California 90071-1638. Make checks payable to the Special Needs Fund. Contributors who donate more than $250 will receive an acknowledgment for tax purposes. The IRS does not require individual filers to provide receipts of charitable gifts less than $250, but such gifts are still considered charitable. Although the funds are not administered or maintained by the Superior Court, you can obtain further information by contacting Randy Henderson, Dependency Court Administrator, at (323) 526-6602 or e-mail at RHenders@LASuperiorCourt.org.