Asking the Right Questions: Utilizing a Judicial Checklist to Track the Educational Success of Youth in Foster Care

Abstract

Asking about the educational objectives for children in foster care has not been a priority in most juvenile and family courts. Research has shown that compared to the general school population, children in foster care have lower grade point averages, change schools more frequently, earn fewer credits toward graduation, and are more likely to be placed in special education programs. In response, Casey Family Programs, in collaboration with the National Council of Juvenile and Family Court Judges' Permanency Planning for Children Department, developed a Judicial Checklist with key educational questions to be asked from the bench. The Checklist has become a useful tool for juvenile and family court judges when assessing the effectiveness of current educational placements of the children who come before their courts, tracking their performance, and in making a positive future impact on their educational outcomes.

Using Emancipation Checklists with Youths Aging Out of Foster Care: An Example from Prince George’s County

“…The EC brings attention to important stability indicators that could be helpful for youths transitioning out of foster care and into independent living. This is consistent with earlier benchcard research demonstrating an increase in discussion of specific topics following implementation (NCJFCJ, 2011; Weiss et al, 2006). The EC is also a reminder to all stakeholders of the optimal goals for emancipating youths and provides an opportunity for dialogue.…”

“…The PGMC believed that having young people directly involved in reviewing the areas included in the EC, would facilitate their ability to advocate for themselves and provide judicial officers with the input necessary to make decisions that better align with youth goals and needs. Weiss and colleagues (2006) found that judges who field‐tested checklists in court reported that utilizing checklists assisted all key stakeholders including themselves to focus on their shared interest better and to collaborate among them. Russell and Summers (2013) argued the effects of standardized forms similar to checklists, which they call “benchcards,” as a useful tool to facilitate and reinforce reflective decision making and active inquiry by judicial decision makers.…”

Knocking on the Door: Juvenile and Family Courts as a Forum for Facilitating School Attendance and Decreasing Truancy

“…Despite the concerns outlined above, research suggests ways that court involvement in already existing cases on behalf of children may improve attendance without adverse consequences. Attendance is a factor scrutinized in a variety of dependency and delinquency court proceedings, and court personnel have increasingly used judicial checklists implemented to monitor the educational status of children in the foster care system (National Council of Juvenile and Family Court Judges [NCJFCJ], 2005a; Weiss, Staub, Campbell, Gatowski, & Litchfield, 2006). Checklists help judges gather education‐related information from stakeholders such as schools, mental health workers, parents, and students.…”

“…Judges who field‐tested one such checklist indicated that it (1) reminded them to inquire about children's educational status; (2) prompted stakeholders to address educational progress in their reports to the court; and (3) made parents and students more accountable for attendance. Even though this level of monitoring may not be a traditional court function, judges at every hearing recommended using the checklist (Weiss et al. 2006).…”