In Support of Strengthening Court Oversight and Performance in Child Abuse and Neglect Cases
Resolution 3 In Support of Strengthening Court Oversight and Performance in Child Abuse and Neglect Cases
The Conference of Chief Justices (the Conference) recognizes the importance of securing safe, permanent homes for children and the importance of moving children in state custody to safe, permanent homes as quickly as possible through the efficient and effective handling of child abuse and neglect cases.
The Conference recognizes that state court leaders have a responsibility to promote and implement reforms within the state court systems to improve court oversight of these cases and amend court procedures and practices to more efficiently and effectively handle these cases. The Conference further recognizes that state court leaders are uniquely positioned to lead and facilitate collaboration between the courts and the state executive agencies to improve the child welfare system.
The National Center for State Courts, the National Council of Juvenile and Family Court Judges, and the American Bar Association Center on Children and the Law, in a collaborative effort, developed performance measures and, in April 2004, published them in Building a Better Court: Measuring and Improving Court Performance and Judicial Workload in Child Abuse and Neglect Cases. This publication serves as a guide to assist courts in handling child abuse and neglect cases to make real and sustained advances in improving outcomes for abused and neglected children.
Using the process outlined in the publication, courts are able to establish reliable baseline measures of performance and workload and to establish a process to make continuous improvements.
In Resolution 17, In Support of Measuring and Improving Court Performance and Judicial Workload in Child Abuse and Neglect Cases, adopted on July 29, 2004, the Conference encouraged its members to measure performance, identify areas in need of improvement, chart progress, and stimulate improvements in society's response to child maltreatment. The Conference endorsed the Building a Better Court publication and encouraged its use.
In Resolution 15, In Support of the Recommendations Made by the Pew Commission on Children in Foster Care, also adopted on July 29, 2004, the Conference supported the formation of the Pew Commission on Children in Foster Care and recognized the critical role that courts play in overseeing the system. The Conference endorsed the Pew Commission's recommendations for strengthening court oversight of child abuse and neglect cases, which focused on four general strategies:
- Courts should adopt court performance measures to track cases, increase accountability, and inform decisions about the allocation of court resources.
- Incentives and requirements should be established to promote effective collaboration between the courts and child welfare agencies in developing plans and programs for children in foster care.
- Children and parents should have a strong voice in court and effective representation by trained attorneys and advocates.
- Chief Justices and other state court leaders should spearhead efforts to organize courts to better serve children, provide training for judges, and promote more effective standards for dependency court judges and attorneys.
The Pew Commission also referenced the performance measures included in Building a Better Court as an example for states to consider.
Subsequently, the National Center for State Courts, the National Council of Juvenile and Family Court Judges, and the American Bar Association Center on Children and the Law worked cooperatively to develop a Tool-Kit for Court Performance Measurement in Child Abuse and Neglect Cases to assist state courts in implementing the Building a Better Court performance measures.
NOW, THEREFORE, BE IT RESOLVED that the Conference continues to encourage its members to measure performance, identify areas in need of improvement, chart progress, and stimulate improvements in society's response to child maltreatment.
BE IT FURTHER RESOLVED that the Conference affirms its support for the recommendations made by the Pew Commission on Children in Foster Care, its commitment to an action agenda to implement the Commission's recommendations, and its endorsement of the Building a Better Court publication.
BE IT FURTHER RESOLVED that the Conference endorses the Tool-Kit for Court Performance Measurement in Child Abuse and Neglect Cases and encourages its members to use the tools.
Adopted as proposed by the CCJ Courts, Children and Families Committee at the Midyear Meeting on January 28, 2009.