GATHER. LEARN. COLLABORATE.
____ Hosted by the Court Improvement Program of the Louisiana Supreme Court ____
THE CHILD IN A CHILD IN NEED OF CARE (CINC) CASE: A PARTY TO THE RIGHT TO BE SAFE
Thursday, September 18 | 12:00pm-1:30pm
Approved 1 HOUR CEU - Presumptive Approval CLE 1.5 HOURS
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Children are parties in Louisiana Child in Need of Care (CINC) cases and have a right to be safe. They shall be present at hearings unless an exception applies. If the child is 12 years of age or older, the Louisiana Children’s Code requires that they be present in court unless their presence is waived by the court upon motion of the child’s attorney. If the child is below the age of 12 years, the Code requires them to be in court upon request of the child’s attorney or the court.
Court is intimidating for most individuals, and the stakes could not be higher for parents and children in CINC cases. Many children come into court with a history of trauma. Regardless of the trajectory of the case, children may benefit from having their voice heard. It is critical for the judge to consider information provided by children and convey to them that their testimony is being given due consideration in the court’s ruling. Positive engagement is critical to successful outcomes in each case.
In 2024, the legislature created an “Advice of Rights for Children” in the Louisiana Children’s Code. Set forth in Article 625.1, the Advice of Rights requires judges to advise children who are ten years of age and older that they are a party to the proceedings and of their rights, such as the right to have notice of and attend all hearings.
With an eye towards supporting children going to court and their attorneys being prepared, two Department of Children and Family Services (DCFS) forms have recently been created: The Instanter Affidavit Cover Sheet will be provided in advance of the Continued Custody and Continued Safety Plan Hearings to try to ensure that children’s attorneys receive contact information for their clients so that they may adequately prepare. The Foster Care Notification Form will be sent to the court, attorneys, and CASA when the child is first placed in a care setting other than their home or there is a care setting change, trial home placement, or the child will be traveling out of the state or country.
Our speakers this month include a former foster youth, a child’s attorney, and a judge. Ja’Nika Stanley will speak about her experiences as a youth in court. Kirby Casciato will unpack Louisiana law about the rights of children to be in court. Judge Gail Grover will discuss how to engage children in court.
*Note that this Café will be for 1.5 hours instead of 1 hour.
Speakers:
- Kirby Casciato, JD, CWLS*, Southeast Louisiana Legal Services
- Judge Gail Grover, East Baton Rouge Juvenile Court
- Ja’Nika Stanley, Extended Foster Care Youth (Current)
Agenda:
12:00 – 12:25pm Experiences of a former foster youth
12:25 – 12:50pm Children’s right to be in court
12:50 – 1:15pm Engaging children in court
1:15 – 1:30pm Questions and discussion
Objectives:
- Hear from a former foster youth about her experience in court.
- Understand that children are parties and, thus, have a right to be in court.
- Recognize that the child’s input is an added value to the process and decisions.
This training is free and is designed for all who want to learn more about the child welfare systems and processes.
