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A CALIFORNIA VIEW
A better life for foster youth
A child in California is abused or neglected every
four minutes, according to the Children's Defense Fund. As a result,
California is home to approximately 20 percent of America's foster
children.
When youth leave the foster-care system, typically around age 18, they
are often ill prepared for what follows. More than 50 percent are
unemployed, and almost 33 percent become homeless, according to the
Child Welfare League of America. And a 1998 study by the University of
Chicago and the University of Wisconsin found that about 20 percent will
be incarcerated within two years.
No parents would wish this for their child, yet as communal “parents” we
tolerate this, and more, for our foster youth. When we remove children
from their parents, we ask that the court system make critical
decisions, including where a child lives and with whom, along with ways
to ensure that this child receives adequate health services and
education.
As Bill Frenzel, a former member of Congress and chair
of the national, nonpartisan Pew Commission on Foster Care — on which I
served — observed, “no child enters or leaves foster care without a
judge's decision.” Courts determine when a child has been abused or
neglected, whether a child returns home or is placed in foster care and
every important life decision in between.
Although foster care is absolutely critical to protecting children who
cannot stay safely in their own homes, it is intended to be a short-term
refuge rather than a long-term saga. However, despite their critical
role in children's lives, dependency courts often lack the tools and
information needed to move children swiftly out of foster care into
permanent homes. Only 1 percent of federal child welfare dollars are
earmarked for the dependency court system.
Several key ingredients are necessary in order to
truly safeguard California's most vulnerable children:
- First, we need to support the recruitment and
retention of the highest caliber judicial officers and give them the
tools and training they need. Dependency-court hearing officers are
integral to ensure that children do not languish in foster care,
services are provided, well-being indicators are tracked, families
are reunited quickly and safely, and children are placed in
permanent homes.
- Second, courts must be armed with outcome-focused
data tracking that would enable judicial officers to manage cases
and follow children's progress throughout foster care. Communication
networks that enable organizations and data systems to “talk” to one
another must be developed. Without meaningful data and the ability
to track children's progress, children and families will continue to
pay the price of our inattention.
- Third, children brought into the dependency
system must receive effective legal counsel. The child welfare
agency, the nonoffending parent, and even the abuser have a legal
voice in court. Yet the child has only limited access to the legal
process and its protections. Even the most skilled judges and
attorneys with the best intentions cannot and should not be making
life-changing decisions about a child they have never met or a
family known only as a case number. Youth should be granted the
dignity of expressing their own views in regard to decisions that
will alter their lives. We should demand minimum training, adequate
compensation, and reasonable caseloads for children's attorneys to
make certain that children are given the voice in court they
deserve.
- Fourth, we must have greater flexibility in
federal funding for child- welfare cases. The current federal
financing system encourages an over- reliance on foster care at the
expense of other options that might keep families safely together,
reunite them safely, or move children more quickly to adoptive
families or permanent legal guardians.
- Finally, we need to address the
compartmentalization of the government entities responsible for
foster children. At present, there is no one state agency with
authority for children in foster care. The disjointed governmental
“parenting” of foster youth creates a failure to share information
and a lack of coordinated decision-making. The results for too many
former foster youth may be unattended health and emotional needs;
poor educational attainment; and an adult life of homelessness,
unemployment and despair.
While California's court system is a national leader
in supporting dependency court innovations, including the creation of
the Administrative Office of the Courts' Center for Families, Children &
the Courts, there is more we can do for these children. The Judicial
Council of California approved a resolution supporting the Pew
Commission's recommendation and pledging that the California judicial
branch “will work with state and local entities and community partners
to realize the commission goals, and urge Congress to act on the
recommendations.” The time to act on these recommendations is now,
before one more child's life is lost to foster care drift.
In observance of May's Foster Care Awareness Campaign, let us commit to
enabling our state's foster youth to obtain what all children need:
safe, permanent families that love, nurture, protect and guide them.
These children are California's future.
William C. Vickrey
18 May 2005
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/05/18/EDGHUCQLRB1.DTL
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