Displaying items by tag: Children's Justice Act - CLARO

Written by the Honorable John C. Davidson, 9th Judicial District Court, Alexandria, LA, and Michelle Gros, J.D., special projects coordinator, Pelican Center for Children and Families and Louisiana Court Improvement Program

Parents with lived experience with the child welfare system are informing and codesigning prevention efforts in four Louisiana parishes (Caddo, East Baton Rouge, Livingston, and Rapides). They are being asked, "What would have helped prevent the child welfare agency from getting involved with your family?"

Two parents replied with the following:

"Before they went and just took my kids, I just needed someone to sit down with me and help me problem solve how to get out of the cycle of poverty, substance abuse, and depending on the government and get my life on track so that I could care for my kids."
"Resources are hidden in the community even though there seems to be a lot out there. If you're lucky enough to find one, you either don't have transportation to get there or aren't bad enough off yet to be eligible. I wish I would have had something like a CASA for parents before my kids were taken from me. Someone who could relate to me and help me find what I needed to have a good home for my kids." Children's Bureau Express CLICK HERE

Click the attachment to read the Executive Order issued on June 24, 2020 concerning the Child Welfare System.

Published in Home Page

This resource provides thoughts and guidelines for talking about these complex issues of racism and equality in age-appropriate ways with children aged two to five years of age. These are difficult and uncomfortable discussions for which there is no recipe. You will know how to adapt these ideas in a way that reflects your unique situation and the individual needs of your child. You might also find it helpful to seek input from your family and trusted sources like religious and other community leaders. Click to access the resource guide.

Published in Home Page


ABA Journal - August 13, 2019
Resolution 115C, declaring that the Indian Child Welfare Act is constitutional, was easily approved by the ABA House of Delegates on Tuesday. The Indian Child Welfare Act was passed in 1978 to address the fact that states remove Indian children from their parents at high rates. Because those children were not often placed with members of their own tribes, that high rate was hurting tribes' ability to pass on their cultures to the next generation.

Also: Editorial: ICWA ruling a victory for tribes: https://www.tahlequahdailypress.com/opinion/editorials/editorial-icwa-ruling-a-victory-for-tribes/article_d70b9f12-6d72-5de7-a80b-3064a3f7ea6c.html

http://www.abajournal.com/news/article/the-indian-child-welfare-resolution-115C

 

WNYC - August 14, 2019
The one-year filing period is known as a "look-back window," and allows victims to bring cases that used to be beyond the state's statute of limitations that legislators overhauled this year. Manhattan Assemblymember Yuh-line Niou is one of the people who voted for the new law, touting it at a news conference on Tuesday.

Also: Lawyers for victims of childhood abuse predict gut-wrenching stories in court (Includes video): https://www.whec.com/news/lawyers-for-victims-of-childhood-abuse-predict-gut-wrenching-stories-in-court/5456407/?cat=565
Also: Hundreds of child sex abuse victims to file civil suits (Includes video): https://wnyt.com/news/hundreds-of-child-sex-abuse-victims-to-file-civil-suits/5456200/?cat=10114
Also: Hundreds of lawsuits expected in New York after statute lifted on old child abuse cases: https://thehill.com/homenews/state-watch/457361-hundreds-of-lawsuits-expected-in-new-york-after-statute-lifted-on-old

https://www.npr.org/2019/08/14/750881986/adult-victims-of-childhood-sex-abuse-in-new-york-can-sue-alleged-abusers

 

Introduction

The relationship with a parent or primary caregiver is critical to a child’s sense of self, safety, and trust. However, many children experience the loss of a caregiver, either permanently due to death, or for varying amounts of time due to other circumstances. Children may develop posttraumatic responses when separated from their caregiver. The following provides information and suggestions for helping children who experience traumatic separation from a caregiver.

Access the full fact sheet

Children with Traumatic Separation: Information for Professionals

The National Child Traumatic Stress Network

www.NCTSN.org

EXECUTIVE SUMMARY

Over 45 million children in the United States are affected by violence, crime, abuse, or psychological trauma each year, and many of them will become involved in the juvenile justice system. The majority of youth involved with the justice system (70-90%) have been exposed to trauma. The trauma experienced by justice-involved youth is often in multiple forms including, but not limited to, physical or sexual abuse, neglect, family and/or community violence, sex trafficking or commercial sexual exploitation, or loss of loved ones. Childhood exposure to violence and other traumatic events is a risk factor for arrest in adolescence, and youth with prior trauma exposure and related symptoms experience worse legal outcomes compared to youth without such a history.

Further, many youth experience additional stresses after entering the justice system apart from the inherent stress of the court interaction, including exposure to violence in detention/correctional facilities; infliction of harsh or invasive security practices such as shackling and other forms of physical restraint, punitive isolation, and strip searches; and separation from family, friends, and community. Collectively, these additional stressors are sometimes referred to as system-induced trauma. Some juvenile justice-involved youth may also be dually-involved with the child welfare system (i.e., dual system youth). It is important to keep in mind how involvement in both systems may affect youth, psychologically and legally.

This resource is intended to provide juvenile defense attorneys with an increased understanding of what trauma-informed legal advocacy entails, how trauma impacts child development, the attorney-client relationship, family and caregivers, and attorneys themselves. Additionally, this resource addresses screening and assessment, information sharing, transitions and placement decisions, and effective treatments for traumatic stress. Within each topic area, strategies for integrating this knowledge into legal advocacy (“Practice Tips”) are offered. Finally, this resource is intended to help you understand your role as the gatekeeper of trauma-based information for your client and support judiciously choosing how and when to use this information to best advocate for your client. Trauma-informed legal practice can strengthen legal advocacy, improve attorney-client relationships, and ultimately improve outcomes for youth. Additionally, awareness of secondary traumatic stress can improve prevention, identification, and self-care among legal professionals.

Access the full bulletin

Published in Attorneys

The Family First Prevention Services Act (FFPSA) became law in February 2018. FFPSA is a landmark child welfare law with the potential to establish significant changes in how the child welfare system is funded and operates across the country. Provisions especially relevant to the legal community are:

Click here for the ABA chart.

Published in Law and Best Practices

OJJDP Releases Findings From Study on Dual System Youth

Corrections Connection - April 28, 2019

Youth who have been involved with both the child welfare and juvenile justice systems-commonly known as "dual system youth"-often are not recognized and do not receive services targeted to their individual needs because of challenges in cross-system communication and collaboration. In an effort to address these challenges, in 2015 OJJDP launched a data collection and analysis project, the Dual System Youth Design Study, led by Denise Herz, Ph.D., and Carly Dierkhising, Ph.D., of California State University, Los Angeles.

Also: OJJDP Design Study of Dual System Youth: https://www.ojjdp.gov/research/design-study-of-dual-system-youth.html

http://www.corrections.com/news/article/50380-research-central-ojjdp-releases-find

The ABA Center on Children and the Law is excited to share that the Family Justice Initiative (FJI) website has launched! The FJI is comprised of a diverse team of partners located throughout the country who are working collaboratively with, the ABA Center on Children and the Law, Children's Law Center of California, the Center for Family Representation, and Casey Family Programs to ensure that every child and every parent has high-quality legal representation when child welfare courts make life-changing decisions about their families. The website is an informative and interactive way to share important information, updates, and resources with child welfare practitioners across the country. Visit the FJI website to learn how you can become a part of the movement! www.familyjusticeinitiative.org<http://www.familyjusticeinitiative.org>

For more information: 

Mimi Laver

Director, Legal Representation

ABA Center on Children and the Law

1050 Connecticut Ave NW, Suite 400

Washington, DC 20036

202-662-1736

Access to Justice for Children and Families [sigline-register now (002)]

Published in Parents' Attorneys
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