California Blue Ribbon Commission on Children in Foster Care

Why the Commission Is Important

The courts and child welfare agencies share a responsibility for children who have been removed from their homes because of abuse or neglect. While these children are in foster care, the state is, in effect, their legal parent. No child enters or leaves foster care without a court hearing. Judges have the responsibility of making profoundly life-changing decisions such as when and whether a child should be removed or return home.

The Blue Ribbon Commission was appointed because the Judicial Council recognized a need for court reform in child welfare. The commission looked at numerous obstacles faced by the courts in trying to make sure all decisions are made in the best interest of each child and family.

Overstressed Court Systems

"I waited for five hours [for my court hearing], needing to be still and quiet. I was 12, my brother and sister were 9 and 7, and we were forced to sit in the hallway quietly for five hours. . . . I recommend that courts employ former foster youth to speak with us during the waiting time to help us prepare and be more comfortable."

Whitney Rhodes, former foster youth, public hearing, March 2007

When courts suffer from staff and resource limitations, judges may not get the information they need to make informed decisions. Hearings may be postponed or rushed, which flies in the face of the timely action necessary to honor the passage of time from a child's perspective. Children and families are not able to fully participate in decisions that profoundly affect their lives.

Attorneys have too little time, staff and resource problems to spend time with children and families. Some young people do not meet their attorneys until the day of their hearing. So youth and parents are not routinely involved in preparations leading to decisions that affect their lives so profoundly. (Child welfare social workers suffer from similarly high caseloads and too little time to give to those who need help.)

In California:

• Fewer than 150 full-time or part-time judicial officers preside over the state's entire dependency court system.
• The average judicial caseload in dependency courts is 1,000 children.
• Attorneys for parents and children carry an average caseload of 273, and in some counties caseloads rise to more than 500 to 600. This far exceeds the recommended caseload standard of 188 recently adopted by the Judicial Council.
• Only 10% of the children in foster care have a Court Appointed Special Advocate (CASA), a trained volunteer who has the responsibility (and the time) to gather information about a child and the family in order to support the judicial decisionmaking process.
• In 2004, the average time spent in a single hearing was approximately 10 to 15 minutes, well below recommended guidelines.

The Need for Collaboration

"There is a lot of miscommunication between all the different systems, like the court and the social workers and foster moms, and it's very frustrating to be caught in the middle of that."

Youth at youth summit, 2006

The courts do not operate in isolation. The commission understands that no one governmental agency alone can adequately address the needs of children and families. The families who come before dependency courts are often involved with other agencies in addition to child welfare: mental health, domestic violence, substance abuse, education, or probation. These agencies and the courts do not easily share information and data. If the agencies do not collaborate, a family's service requirements may be duplicated or contradicted by their various service providers. When collaborative efforts are initiated, they are difficult to sustain.

Improved Accountability for Outcomes

"I saw many families struggling with multiple systems and each system has its own expectations… I have seen families benefit greatly from having someone who is available to guide them through the process, understand all that is going on and teach them to advocate for themselves."

Greg Colver, parent, public hearing, March 2007

The courts are committed to improving foster care outcomes. Data and information on court performance will help local courts make decisions about focusing resources and getting the support needed to improve outcomes around safety, permanency, well-being, and fairness.

Funding Limitations

"Everyone I work with-social workers, judges and attorneys for the parents and children-all genuinely care about the children and families in the system. They all work very hard to achieve a positive outcome. . . . The major problem I see is the lack of resources, or adequate resources, which limits our choices in how to act in the best interest of the child."

Lori Kidd, county counsel, public hearing, March 2007

The commission recognizes that the courts and their child welfare partners struggle with a lack of adequate or flexible funding essential to do their jobs well. Current funding streams are not maximized for the benefit of children and families. Most federal funding, for example, is available only after a child has already been removed from the home. This contributes to a lack of resources for preventive or early intervention services that could help families stay together safely. In addition, current funding regulations do not always cover the physical or mental health care or housing that parents may need to help stabilize their family. When important services are not available, families do without and children suffer.