NCJ Number
57362
Date Published
1978
Length
0 pages
Annotation
THE REVIEW POWERS OF JUVENILE COURTS AND THE NEVADA JUDICIARY'S MONITORING OF CHILDREN IN FOSTER CARE PLACEMENT ARE EXAMINED IN THIS AUDIOCASSETTE PROGRAM FOR CHILD CARE PERSONNEL.
Abstract
STATEMENTS BY THE VICE PRESIDENT OF THE NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES INDICATE THAT CHILDREN IN FOSTER CARE WHO WERE ONCE TREATED AS WARDS OF THE COURTS ARE BEING TREATED AS WARDS OF THE WELFARE AGENCIES, WITH A LOSS OF ADEQUATE MONITORING OF THE CHILDREN'S LEGAL RIGHTS TO TREATMENT. AGENCIES AND LEGISLATURES TOO OFTEN REMOVE THE COURTS FROM JURISDICTION OVER THE CHILDREN AFTER THE COURTS ORDER REMOVAL FROM THE PARENTS. THIS LACK OF JUDICIAL REVIEW AFTER PLACEMENT HARMS THE BEST INTERESTS OF THE CHILDREN AND SHOULD BE REPLACED WITH A POLICY OF CONTINUING REVIEW. IN NEVADA, JUDICIAL REVIEW WAS INITIALLY OPPOSED BY WELFARE AGENCIES, UNTIL THE MONITORING OF PLACEMENT WAS SHOWN TO BE VALUABLE TO THE CHILDREN. THE JUDICIARY IS THE ONLY BRANCH OF THE GOVERNMENT WHICH HAS THE POWER TO MAKE OTHER AGENCIES ACCOUNTABLE AND DEMAND ACCOUNTABILITY FROM INDIVIDUALS. CRITERIA FOR TERMINATION OF PARENTAL RIGHTS AND THE PERMANENCE OF FOSTER CARE INCLUDE THE LENGTH OF TIME OF THE SEPARATION FROM NATURAL PARENTS, THE ACTIONS OF THE PARENTS TO REESTABLISH THE HOME ENVIRONMENT, AND THE LIKELIHOOD OF REUNIFICATION OF THE NATURAL FAMILY. A CHILD IS ENTITLED TO A MANDATORY JUDICIAL REVIEW OF EVERY PLACEMENT DECREE AND HAS A RIGHT TO KNOW WHAT PLANS HAVE BEEN MADE FOR HIS OR HER FUTURE. STATUTORY REFORM IS RECOMMENDED FOR AUGMENTING THE COURTS' POWERS TO PROTECT CHILDREN. (TWK)