“Judicial leadership both on and off the bench to improve case processing and child
welfare outcomes” (ERG Practice Improvements, p. 11).

“Judicial leadership off the bench can provide sustained systems change in the community to ensure the expansion of necessary services and interventions, as well as to develop policies focused on improving the well-being for children and youth involved in the child welfare system.
Judges should set the expectation for all parties that a child’s well-being will be focused on with the same urgency as the court focuses on safety and permanency, and that all children and youth in care should have the ability to engage in healthy and developmentally appropriate activities that promote their sense of normalcy and well-being” ERGs, Focus on Child Well-Being, p. 74).

“All judges in all dependency courtrooms can and should use problem-solving strategies
to make their courts and their decisions more relevant, collaborative, and effective.”
Much like problem solving courts, “judicial leadership brings the court system and service providers together and to create a collaborative environment to produce a timely resolution of cases, (and) this has long been the role of dependency court judges who are conveners of court systems and communities on behalf of children and families. Dependency court requires active judicial involvement in cases with explicit use of judicial authority to motivate and monitor progress and compliance. The proactive, problem-solving role of the judge involves asking more
questions, seeking more information about each case, exploring a greater range of possible solutions, and motivating parents to engage in services. It also involves the judge in collaboration with multidisciplinary stakeholders and community partners to enhance the functioning of the court and outcomes for children and families” (ERGs, p. 81)

Juvenile and family court judges have a responsibility to provide individual case oversight as well as system oversight and leadership. The role of the juvenile and family court judge is unique, as it combines judicial, administrative, collaborative, and systemic advocacy roles. By taking on these roles, the juvenile and family court judge holds all stakeholders, including the court, responsible to ensure safe, timely permanency and well-being for children and families. Judges must provide fair, equal, effective, and timely justice for children and their families throughout the life of the case, continually measuring the progress toward permanency for children. The same judge should oversee all cases impacting the care, placement, and
custody of a child. Judges should ensure that there is communication, collaboration, and cooperation among all courts handling cases involving any given family (ERGs, p. 16, Introduction).

“To prevent misuse of voluntary agreements, statutory frameworks should exist to regulate their use and to ensure judicial oversight” (ERGs. p. 52).

“The strong judicial oversight and substantive review of services associated with problem solving court models are consistent with federal and state laws that require the same of dependency court judges (ERGs. p. 81).

“By allowing for more efficient case processing, providing a wider range of needed treatment services, and active judicial oversight over case progress, family treatment drug courts assist courts in meeting statutory obligations and improving outcomes for children and families in these cases” (ERGs. p. 90).

In all hearings, regular judicial oversight of children in the community and in placement or foster care is critical. These timely hearings can help judges identify strengths and inadequacies in the government’s response to child abuse and neglect.

“Judicial leadership is the cornerstone of the RESOURCE GUIDELINES’ principles – both on the bench in individual cases and off the bench in the broader community. Committed, knowledgeable judicial leaders are crucial to the success of court improvement and child welfare system reform efforts. Without this vitally important cornerstone, best practice principles cannot be fully implanted and achieved. The leadership of the judiciary is a crucial and necessary component in implementing reforms that support the RESOURCE GUIDELINES. Judges must engage the community in meaningful partnerships to promote the safety,
permanency, and well-being of children and to improve system responses to our most vulnerable citizens. The juvenile court must model and promote collaboration, mutual respect, and accountability among all participants in the child welfare system and the community at large” (p. 17).

“This collaboration must be among state and tribal courts. Collaboration among state and tribal courts. Strong and effective collaborative relationships and collaborative action among all aspects of the court and child welfare system” (p. 11).

“Judges who embark on a path of excellence in handling child abuse and neglect cases recognize the importance of achieving timely permanency through active judicial case oversight demonstrated by effective and timely case scheduling, by thorough hearings with informed and prepared participation by all parties, and by regular review hearings. A self-disciplined court can discipline the whole system” ERGs p. 31 (NCJFCJ. (1999). Judge’s Guidebook on Adoption and Other Permanent Homes for Children.).

• Judges are uniquely positioned to lead through encouragement and facilitation of the establishment of a child welfare-system collaborative.
• Judicial leaders regularly bring multiple perspectives to bear on issues.
• Judicial leaders critically reflect on performance – evaluating their own practice as well as that of system stakeholders.
• Judicial leaders embrace an experimental mindset that encourages innovation for systems improvement.
• Judicial leaders foster a shared vision for improving the child welfare system.
• Judicial leaders are concerned about the impact of court processes on outcomes for children and families.

(Gatowski, S. I., Dobbin, S. A., & Rubin, S. (2010). Achieving excellence in judicial leadership: Leading change for better outcomes for children and families – A National Judicial Leadership Curriculum. NCJFCJ and National Child Welfare Resource Center on Legal and Judicial Issues.). ERGs p. 31

“Juvenile and family court judges lead from the bench in cases when they exhibit exemplary judicial practice, fully exercise their oversight role, and insist on holding all stakeholders in the child abuse and neglect case process (including themselves) accountable for a substantive hearing process and timely case processing. Juvenile and family court judges have the authority by statute or court rule to order, enforce, and review the delivery of services and treatment for children and families. The court must insist that the proposed plan or disposition is complete and, when it is not, direct the agency to respond. The court’s leadership responsibilities when exercising its oversight role include the application of sanctions against parties who fail to appropriately respond to court orders.

Training Section (see below)
Judges face many challenges when hearing child abuse and neglect cases: poor data, busy dockets, insufficiently trained staff, insufficient or ineffective services, and not enough qualified attorneys for parents and children. To address these challenges, judges must also exercise leadership off the bench in collaboration with the child welfare agency and other system partners. This includes encouraging multidisciplinary training, promoting collaboration by bringing stakeholders to the table to discuss improvements, sharing data and encouraging evidence-based and outcome-informed practice, and advocating for improvements in the administration of justice. Judges should encourage the continuing education of all who serve in the juvenile and family court system, including themselves, with professional training topics encompassing the latest knowledge of child abuse and neglect issues, the prevailing laws and effective court practices, cultural competence, and gender and identity fairness, as well as encouraging interdisciplinary education that includes training of all stakeholders on the same topics.

Judges are uniquely positioned to motivate systems change. Because judges see cases from all perspectives, they can often provide a clear vision of how the child welfare system needs to be improved. Judges have the influence to bring all necessary stakeholders to the table to collaborate. Juvenile and family court judges can be leaders in their communities, state capitals, and at the national level to improve the administration of justice for children and families.. Judges can be active in the development of policies, laws, rules, and standards by which the courts and their allied agencies and systems function. Judges can inform the community of the unique and diverse needs of troubled children and their families. Across the nation, state and tribal dependency court judges are participating in collaborations designed not only to strengthen the court process for child abuse and neglect cases but to strengthen the child welfare system itself. Experience has shown that the “exercising of a proper judicial leadership role within the community to provide for better services for children and families” promotes change and improvement in the child welfare system.

Judicial responsibility for impartiality does not preclude judicial leadership. Judicial ethics are often identified as a barrier to leadership, but this is an excuse. While judicial ethics standards may vary across states, judicial ethics do not undermine or erase the power of off-the-bench judicial leadership. The very nature of the office mandates that the judge act as an advocate and convener to assure that needed services for children and families are available and accessible. Indeed, nationally eminent judicial, legal, and child welfare organizations have endorsed the appropriateness of the leadership role for judges. In 2006, the NCJFCJ adopted a resolution regarding judicial leadership in juvenile and family courts encouraging judges to take action to improve child abuse and neglect outcomes in their communities. The American Bar Association also endorsed a leadership role for judges in its Standards for Judicial Excellence, noting that “due to the unique interdependence of the court and a wide range of external groups, organizations, and entities, court leaders need to actively collaborate with other interested agencies and organizations.” And, the Pew Commission on Children in Foster Care, a national blue-ribbon panel of child welfare experts, supported judicial leadership in child welfare reform, noting that “Chief Justices and state court leadership must take the lead, acting as the foremost champions for children in their [child welfare] court systems.

In sum, judges serve as leaders in the court, and child welfare systems and should embrace the precept “first, do no harm” recognizing that all persons appearing before the court do so with experience and concepts of self, family, community, culture, and history that exist “cradle to grave” as well as across generations – those appearing before the judge are not just a “case” but individuals. In support of this precept, judges should engage families, professionals,
organizations, and communities to effectively support child safety, permanency, and well-being;
victim safety; offender accountability; healthy family functioning; and community protection. To do this, judges should collaboratively convene people inside and outside the court system, as well as consumers of the court system, to identify and implement solutions to systemic problems.

“Judges must convene and engage the community in meaningful partnerships to promote safety, permanency, and well-being of children and to improve system responses. The juvenile court must model and promote collaboration, mutual respect, and accountability among all participants in the child welfare system and the community at large.” NCJFCJ. (2011). Key Principles for Permanency Planning

Whereas, the success of our nation’s juvenile and family courts is directly related to the leadership provided by the juvenile and family court judges serving in them; and Whereas, in consultation with the presiding judge of the court system and to the extent that it does not interfere with the adjudication process, these judges are encouraged to:

1. Provide leadership within the community in determining the needs and obtaining and developing resources and services for at-risk children and their families. At-risk children include delinquents, dependents, and status offenders.
2. Investigate and determine the availability of specific prevention, intervention, and treatment services in the community for at-risk children and their families.
3. Exercise their authority by statute or rule to review, order, and enforce the delivery of specific services and treatments of at-risk children and their families.
4. Exercise a leadership role in convening, developing, and maintaining programs of interagency cooperation and coordination among the court and the various public agencies that serve at-risk children and their families.
5. Take a leadership role in the formation of a community-wide network to promote and unify private and public sector efforts to focus attention and resources for at-risk children and their families.
6. Maintain close liaison with school authorities and encourage coordination of policies and programs.
7. Educate the community and its institutions through every available means including the media concerning the role of the juvenile court in meeting the complex needs of at-risk children and their families.
8. Encourage the development of community services and resources to assist homeless, truant, runaway, and incorrigible children.
9. Convene volunteers from the community to work with, mentor, and support at-risk children.
10. Be familiar with all detention facilities, placements, and institutions used by the court.
11. Act in all instances consistent with public safety and welfare.

NOW THEREFORE BE IT RESOLVED, the National Council of Juvenile and Family Court Judges does support and approve this Resolution regarding judicial leadership in the Juvenile
and Family Courts. Adopted by the Membership Assembled in Conference in Milwaukee, Wisconsin, 2006.

The court plays a unique role in helping to improve educational outcomes for children and youth who are involved with the child welfare system. In addition, judicial leadership can provide sustained systems change in the community. In the courtroom, judges provide oversight to ensure that the educational needs of individual children are met” ERGs, p. 141).

Judicial leadership and commitment are key components of effective case flow management.
The court must demonstrate an unmistakably strong commitment to timely decisions in child abuse and neglect cases. It must communicate to its own employees, the attorneys practicing before it, and the child welfare agency that timely decisions are a top priority. The court must conduct and participate in educational programs concerning the elimination of delays, and also must make necessary organizational adjustments related to delays, in cooperation with court and agency staff. The court must design explicit processes to ensure timely hearings and make sure they are implemented by all judges and administrative staff. Courts should schedule cases in a manner that makes it easy for parents and children to attend.

Effective case flow management focuses on influencing not only the behavior of the judges and court staff but also the behavior of the attorneys and other system participants in the child abuse and neglect case process. The court cannot succeed in making the best use of its time and resources unless all of the relevant system stakeholders, entities, and agencies adopt a disciplined approach to the processing of cases. For example, when attorneys and caseworkers have an expectation that matters will occur when they are scheduled, they prepare for the hearing, assemble needed documents or witnesses, and are ready to proceed when the matter is called. The court must set an example and work to establish a “disciplined culture” that accepts that events will take place when they are scheduled.

By applying the guidance in this document, judges will not only be able to apply federal law to their child abuse and neglect cases but also inform their courtroom and decision-making practice by considering best and promising practices as well as the science about the needs of children and families.

The ENHANCED RESOURCE GUIDELINES provide:

• Guidance for judges on how to make decisions regarding safety, permanency, and well-being at every stage of the process.
• Guidance for judges on how to develop effective findings based on an assessment of the facts, the individual needs of the child and family, the law, and the best available research and science.
• Guidance for judges on how to hold other players in the system accountable by asking questions that raise the expectations for practice for all those who come to court.

The ENHANCED RESOURCE GUIDELINES illuminate:

• The role of the judge as a leader on the bench in cases and off the bench in systems improvement with court stakeholders, system partners, and the community.
• How to obtain the information needed to make informed decisions and ensure that hearings meaningfully contribute to case progress.
• The procedural steps for each hearing to ensure procedural justice is achieved.
• The key decisions that must be made to ensure the needs of the child and family are being met.

Not everything judges need to know about being an effective, informed judge is contained in the ERGs, Numerous resources for additional reading are offered where needed and in the resource list available on the NCJFCJ website (https://www.ncjfcj.org/). Moreover, judges cannot be expected to be given the ENHANCED RESOURCE GUIDELINES to read and be ready to perform their duties. Intensive and experiential training and ongoing education are essential to the implementation of the recommendations. Judges must also examine the GUIDELINES in conjunction with their state statutes, bench books, and rules.

The GUIDELINES are not just for judges. The document can also be informative to representatives of other child welfare system stakeholders (e.g., attorneys, child welfare caseworkers, CASAs, etc.). The GUIDELINES outline foundational practices for the handling of child abuse and neglect hearings that should be part of the training of judges but also have value when training other individuals who work with child abuse and neglect cases (ERGs, p. 18).

The benchcards are detailed and comprehensive, outlining both the legal requirements of each hearing as well as non-legal considerations based on the latest scientific and promising practice knowledge. The benchcards provide essential information a judge needs on the bench to facilitate conducting thorough and meaningful hearings designed to achieve optimal results. All hearing benchcards are unique to their hearing but follow the same organizational format. Key concepts are reinforced through repetition on each benchcard. Repeating key concepts on each benchcard (and accompanying hearing chapter) serves to facilitate their use as stand-alone training tools and guards against missing key elements of best hearing practice that should apply to all hearings, when training is focused on one stage of the hearing process (ERGs, p. 20).

“The amount of detail and content of the benchcards may appear daunting, but they are a valuable roadmap to conducting thorough hearings. Many of the considerations listed in the benchcards are aimed at aiding judges in obtaining or learning more information about the child and family for better decision-making. The court should always include a thorough discussion of all relevant issues in open court, rather than a total reliance on written reports. Making all system stakeholders aware of the contents of the benchcards will enable parties to better prepare for hearings and anticipate the information judges will need to make informed decisions in a case. When first implementing the benchcards, judges may need to ask attorneys and caseworkers for the information, however, participants in the court process will eventually come to understand and anticipate the court’s expectations without being asked. This will be particularly true if courts use the ENHANCED RESOURCE GUIDELINES and the benchcards as a basis for ongoing training of all stakeholders on what is expected from them in their roles in the process and more specifically in each court hearing (ERGs, p. 21).

Through contracts with individual states, tribes, and federal grant funding, the NCFCJ stands ready to provide training, technical assistance, and research design and implementation to both state and tribal court judges and staff, attorneys, agencies, and other key partners on the implementation of these GUIDELINES.

Access to Competent Representation
The court should ensure that all parties’ representatives, whether lawyers or non-lawyer GALs, have the requisite training and experience necessary to achieve a high quality of practice in child abuse and neglect cases. NCJFCJ’s Key Principles for Permanency Planning, for example, state that “… judges are responsible for ensuring that parties, including each parent, are vigorously represented by well-trained, culturally responsive, and adequately compensated attorneys…” (ERGs. p. 42).

“Throughout the United States, there is an extraordinary range in the quality of counsel in child abuse and neglect cases, from inactivity and incompetence (e.g., attorneys who meet their clients only shortly before hearings) to attorneys with a high degree of dedication and skill. Courts, however, have a great ability to positively influence the quality of counsel. Courts can set prerequisites for appointments, including requirements for experience and training. Some courts require attorneys to attend training and “second chair” cases before taking an appointment to a child abuse or neglect case. Some courts have implemented videotaped training sessions to speed the eligibility of attorneys for appointment” (ERGs, p.43).