Policy Statement on Child Welfare
Policy Statement On the Role of the Judicial Branch in Child Welfare
The Conference of State Court Administrators believes that children should have a safe, permanent, and nurturing environment in which they can grow and reach their potential. Child welfare programs should emphasize:
- Ensuring the safety and well-being of children while preventing unnecessary entry into the foster care system.
- Providing services to families and children that promote safety, stability, and well-being while preserving family relationships.
- Promptly placing children in safe, nurturing, and permanent environments.
The judicial branch plays a key role in:
- Protecting the rights and meeting the needs of children at risk.
- Ensuring that sufficient judicial resources are available for the efficient, effective, and consistent processing of child protection cases to achieve better outcomes.
- Exploring problem-solving and less adversarial alternatives to litigation, while safeguarding the legal representation of children and parents at every stage and protecting the rights of interested parties.
Courts must also hold child welfare agencies accountable for:
- Placing children in the least-restrictive, most family-like setting possible.
- Ensuring educational and placement stability during a child's time in the welfare system.
While courts must maintain independence in decision-making, they must also:
- Work proactively and collaboratively with other branches of government, tribes, tribal courts, educators, community partners, and service providers to meet the needs of children and families.
- Participate actively as part of a three-branch collaboration in developing, planning, and implementing child welfare programs.
- Share data across systems, within legal parameters, to monitor program effectiveness and ensure public funds produce measurable benefits.
Improvement of services will require:
- Adequate financial and technical assistance resources allocated appropriately across programs.
- Close coordination of program operations and funding across all levels of government.
- The use of outcome-driven data systems to measure program success and inform policy development and practice.
Issues affecting families are complex and interconnected. Policies and programs related to juvenile justice, child welfare, substance abuse, mental and behavioral health, child support, child custody, and domestic violence should be approached in an integrated fashion. Court practice should reflect this integration through models such as one-family, one-judge, which:
- Provide judicial officers with ready access to comprehensive family information.
- Maximize resources and improve service delivery.
- Eliminate conflicting orders and improve compliance.
- Reduce the burden on families by minimizing duplicative hearings.
The Conference of State Court Administrators is committed to being a full and active partner with other branches of government at the federal, state, and local levels in promoting the welfare of children.
Original Adoption Date: December 8, 2000
Renewal Dates: July 25, 2012; August 2, 2017
Adoption and Renewals Recommended by: Courts, Children, and Families Committee
Expiration Date: August 31, 2022