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Right from the Start: The CCC Preliminary Protective Hearing Benchcard Study Report, Testing a Tool for Judicial Decision-Making

NCJ Number
239544
Date Published
2011
Length
36 pages
Annotation
Findings are presented from the Courts Catalyzing Change: Achieving Equity and Fairness in Foster Care (CFCC) Preliminary Protective Hearing (PPH) Benchcard Study, which assessed the implementation and outcomes of a template for family court preliminary hearings created and launched in a pilot program in three model courts through the National Council of Juvenile and Family Court Judges (NCJFCJ).
Abstract
Judicial officers in the Benchcard group were trained on its use, and implementation of the Benchcard was conducted in preliminary protective hearings. Each randomly assigned judicial officer heard 10 preliminary protective hearings using the Benchcard for guidance. A primary goal of the CCC implementation in the model courts and the development of the Benchcard were to identify implicit and systemic biases that might influence judicial decisionmaking. In the baseline sample, children with White mothers were the most likely to be placed in foster care at the initial hearing, and children with African-American mothers were the least likely to be placed in foster care; however, when differences in allegations were taken into account, race did not appear to be related to placement decisions. Children with similar case allegations tended to be equally likely to be placed in foster care regardless of race. When monitored through the permanency hearing, however, findings suggest that placement differences by race may not always be found at the initial hearing, but instead may develop over the course of the case, since at the permanency hearing African-American children were more likely to be placed in foster care than children from White or Hispanic families. Evaluation limitations and plans for future research are described. 2 tables, 16 figures, and 59 references