Court’s Role in System Reform Efforts to Improve Education Outcomes For

Children in Care

CIP MeetingJuly 23, 2010

Kathleen McNaughtRay Wahl

Magistrate Carla GuenthnerElaine Fink

Overview of Session

Court’s Role in Direct Advocacy and System Reform

Key Themes in System Reform around Education Issues

Examples of Court Leadership Utah Kids in School Rule! Ohio County-based collaborative

initiatives

2

Court Role in Direct Advocacy Court’s clear role in overseeing the “well

being” of children in foster care- this includes their education needs

Link between addressing education needs and achieving permanency

New Program Instruction (released on July 9th, 2010): the courts “play an important role in education stability”

Example of issues: Who makes education decisions Access to education records Needs identified; services provided

Direct Advocacy Resources for Judges

Technical Assistance Brief: Asking the Right Questions II: Judicial Checklists to Meet the Educational Needs of Children and Youth in Foster Care- NCJFCJ Outlines questions that should be asked in a courtroom with respect to the educational needs of children and youth in foster care.http://www.ncjfcj.org/content/blogcategory/363/432/

Blueprint For Change: Detailed framework is structured around eight concrete goals for youth and include benchmarks that demonstrate progress toward achieving Education Success for children in foster care. www.abanet.org/child/education/blueprint

Coming Soon Fall 2010 -  Judicial Guide to Implementing the Fostering Connections to Success and Increasing Adoptions Act of 2008 will be available at  www.grandfamilies.org

Why do we need system reform for the education issues? To hard to solve individually for each child Coordination between child welfare and

education agencies, the courts, and others, is needed

Collaborative protocols and policies must be created to ensure all are on same page.

Consistent practices across jurisdiction or state are necessary when issues involve mobility in the child’s living and school placements.

CFSRs – Well Being Outcome #2

Court’s Role in System ReformKey Themes Prioritize education as an key issue in achieving

permanency for children in care; Securing buy-in support and participation by leadership

from education agencies and child welfare agencies; maintaining progress and momentum over time; addressing the need for data to demonstrate how

children are doing educationally and identify larger picture view on greatest areas of need;

identifying “small wins” and reachable short term goals; and

strategies for working with LEAs and child welfare agencies and interpreting and coordinating languages and priorities of each agency

Prioritizing Education Needs of Children in Foster Care

For Child Welfare Agencies: the need is to prioritize education

For Education Agencies: the need is to prioritize children in foster care

For Courts: the need is to help ensure that the courts themselves, as well as the agencies and all other critical stakeholders, are prioritizing education

Leadership Buy-In and Participation Court Leadership on issue of education

Austin Summit

Court role is securing participation of leadership of other critical agencies Example: Texas

Order creating Education Committee of the Permanent Judicial Commission for Children, Youth and Families and required participants, including state Commissioner of Education, Executive Directors of the State Association of School Boards and State Association of school Administrators

Maintaining Progress and Momentum Cross agency collaboration is hard work Changes come over time and with

sustained commitment from all participants Key is to have both short and long term

goals and consistent participation by the right stakeholders

Way to celebrate “victories” Way to revisit goals and plans as revise as

needed to stay current Way to learn from others in the field and

seek external support and assistance

Need for DataIf we haven’t measured it, it didn’t happen.

Don’t wait for “perfect” data

Need to know status of how children in care are doing, and where the gaps and needs are; AND

Need to be able to track improvements as strategies and policies are implemented.

Child welfare agencies: changes to SACWIS and state data systems to allow for education information

Education agencies: NCLB requirements for education data for all students; need method to obtain that information for subset of children who are in care.

Cross system sharing is critical but challenging; court can play critical role is assisting to address confidentiality issues

Data Resources Mythbusting: Downloadable at

http://www.abanet.org/child/education/

publications/dataexchange.html

Solving the Data Puzzle: http://www.abanet.org/child/education/publications/solvingthedatapuzzle.pdf

Small Wins and Short Term Goals

Critical to sustain momentum Examples:

Creation of forms to help facilitate communication across agencies

Reviewing and analyzing existing data Changes to court orders to address access to

education records Letter from State Education commissioners to all

LEAS to inform them of the Fostering Connections education provisions

Strategies for Working Collaboratively Over Time

Examples we are highlighting today:

Utah Kids in School Rule! Ohio County Collaborations

We All Are FOR Education:“By all rights, education should be an easy sell

because you never find anyone who is ‘against’ it. No advocacy groups clamor for its overthrow, no politicians or columnists protest its irrelevance. Unlike nuclear power, or abortion rights, or the graduated income tax, education has no enemies. The trouble, therefore, can only be with those who are ‘for’ it. In education, I’ve found, you can easily mistake the actions of those who are for it as being against it.”

Joseph Fernandez, former Chancellor of the New York City Public Schools JOSEPH A. FERNANDEZ WITH JOHN UNDERWOOD, TALES OUT OF SCHOOL 1 (Little, Brown 1993).

Legal Center for Foster Care and Education Resources

www.abanet/org/child/education/publications

Data and Information Sharing (Manual and Tools)

Special Education Decisionmaking Series (includes Attorney Factsheet)

Questions & Answer Factsheets about critical issues

Fostering Connections Implementation Materials

Contact Information

ABA Center on Children and the LawLegal Center for Foster Care and Education

www.abanet.org/child/education

Kathleen McNaughtProject Director

mcnaughk@staff.abanet.org

EDUCATION MATTERS:EDUCATION MATTERS:UTAH’S CHILDREN IN CAREUTAH’S CHILDREN IN CARE

Presentation at the National Court Improvement ConferenceJuly 2010

ORGANIZATIONORGANIZATION

• Unified Juvenile Court- 8 Judicial Districts- Dependency/ Delinquency

• State Office of Education- 40 School Districts-

• Department of Human Services- DCFS/ DJJS

YIC ORGANIZATIONYIC ORGANIZATION

Youth in Custody •18 million dollars•24 school districts• Dependency/ Delinquency

EDUCATION PATHWAYSEDUCATION PATHWAYS

INITIATIVE ON UTAH CHILDREN INITIATIVE ON UTAH CHILDREN IN FOSTER CARE (IOU)IN FOSTER CARE (IOU)

•Builds collaboration between all branches of Utah government and other key participants in the child welfare system, including leaders of the business, education, religious and charitable community.

•Chaired by the Chief Justice

•Work through subcommittees•Public awareness•Kinship caregiver support•Youth transitioning to adult living support•Education

IOU EDUCATION WORKGROUPIOU EDUCATION WORKGROUP

Discoveries•Role Confusion

•System Incompatibility

•Lack of Information/Data

Transferring

•Quality of Teachers

Solutions•Immersion/ Summit

•Education Guide/ Website

•Getting Connected Trainings

•Site Visits

•Admission Protocols

•Statewide Education Specialist

•Evaluate and adjust membership of the

Coordinating Council for Youth In

Custody

DiscoveriesDiscoveries ActivitiesActivities

EDUCATING YOUTH IN STATE CAREEDUCATING YOUTH IN STATE CAREhttp://www.hs.utah.gov/education/http://www.hs.utah.gov/education/

EDUCATING YOUTH IN STATE CAREEDUCATING YOUTH IN STATE CAREhttp://www.hs.utah.gov/education/http://www.hs.utah.gov/education/

EDUCATING YOUTH IN STATE CAREEDUCATING YOUTH IN STATE CAREhttp://www.hs.utah.gov/education/http://www.hs.utah.gov/education/

GETTING CONNECTEDGETTING CONNECTED

MOVING FORWARDMOVING FORWARD

YIC StudyYIC Study

•How well is the YIC program educating youth in state care?

•What key elements are important for educational success for youth in state care?

•How can YIC improve its practices in order for youth in care to achieve better educational outcomes?

CONTACT INFORMATIONCONTACT INFORMATION

Ray WahlJuvenile Court Administrator

450 South State StreetSalt Lake City, UT 84111

(801) 578-3812rayw@email.utcourts.gov

Laurieann ThorpeStatewide Education Liaison

195 North 1950 WestSalt Lake City, Utah 84116

801 538-8294lthorpe@utah.gov

IMPROVING EDUCATIONAL OUTCOMES FOR YOUTH IN

FOSTER CARE

HAMILTON COUNTYCincinnati, Ohio

DEMOGRAPHIC DATA

Hamilton County: 851,494 City of Cincinnati: 332,458 Children in agency custody or under

agency supervision: 1525 (2009 year end) Race:

African American: 63% Caucasian: 30% Multi-racial: 6% Hispanic: 1%

Gender: Male: 51% Female: 49%

SCHOOLS

County Districts:22 Cincinnati Public Schools: 58 schools

16 high schools 42 elementary schools

Race: African American: 68.8% Caucasian: 23.7% Multi-racial: 4.6% Hispanic: 1.9% Other: .9%

Free lunch: 68.7%

IF AT FIRST YOU DON’T SUCCEED….

A bend in the road is not the end of the road…unless you fail to make the turn.

Author Unknown

HAMILTON COUNTY CHILD PROTECTION REPORT CARD

Placements: 60% experience one or more placements

Grade Level: 32% at appropriate grade level

Mental/Behavioral Health: 48% diagnosed

COLLABORATION STRUCTURE

12 3

4

3. Stakeholder Kick-Offs/Trainings4. Outreach

1. Leadership Team2. Advisory Committee, Model Court

Committee and Workgroups

KEY STAKEHOLDERS

Hamilton Co. Dept. of Job & Family Services

Cincinnati Public Schools Hamilton Co. Juvenile Court Legal Aid Society of SW Ohio Public Defender: GAL Office ProKids: CASA Agency

TARGET POPULATION

Kindergarten through 12th grade Children in agency custody Children attending one of the

22 participating schools (identified through mapping)

Minimum of 100 children in the pilot

EDUCATION AS A PRIORITY

Execution of a MOU Inclusion of Schools/Education

Representatives on Model Court Team

Judicial Checklist Court Reports on Education Cross-Training Youth Engagement

SCHOOL STABILITY

Development of strategies for maintaining stability in school and substitute care placements

Creation of plans for maintaining school stability if agency placement disrupts

Development of seamless transition plans when change in school placement cannot be avoided

IMPROVED COMMUNICATION/ ENHANCED COORDINATION

2 child protection caseworkers serve as liaisons to the participating schools

One representative at each school serves as a liaison to Children’s Services

Access to Power School

REFORM POLICIES AND PRACTICES

Create visitation plans/policies that avoid school disruption

Implement case plan services during non-traditional hours or access school-based services to minimize school disruption

SUPPORTIVE SERVICES

Education Advocacy and Legal Representation

Interventions and Supports to Promote Academic Success and Achievement Tutoring Higher Education Mentoring Initiative Extracurricular Activities Summer Reading Program

DATA COLLECTION AND PROGRAM EVALUATION

Key Outcome Measures:

1. Youth in foster care will experience increased stability in their placement and at school.2. Youth in foster care will demonstrate improvement in school attendance.3. Youth in foster care will achieve school promotion and grade advancement.4. Youth in foster care with identified special needs will receive appropriate and supportive educational services.5. The public and private partners will create a collaborative structure that enhances the coordination and implementation of educational plans for youth in foster care.

DATA/EVALUATION (continued)

Critical but often elusive Persevere Document small successes You can do it!

Nine tenths of education is encouragement.

Anatole France, writer

He who opens a school door, closes a prison.

Victor Hugo, poet

CONTACT INFORMATION

Carla GuenthnerDeputy Chief MagistrateHamilton County Juvenile Court800 BroadwayCincinnati, Ohio 45202513.946.9381Carla.Guenthner@juvcourt.hamilton-co.org

Elaine E. FinkManaging Attorney

Legal Aid Society of Southwest Ohio, LLC

Collaboration for Education Success of Children in Foster

Care

Opportunity to Improve the Education of Children in Foster Care

Cincinnati Public SchoolsCommunication

problems with Children’s Services

Difficulty accessing agency case workers

Ignorance about child welfare

Awareness that foster youth not performing well

Misconceptions about Children’s Services

Children’s ServicesCommunication

problems with school district

Difficulty accessing school district personnel

Frustrations with school district

Foster students failing in school

Misconceptions about school district

Getting Cincinnati Public Schools and Children’s Services to table

Legal Aid trusted by both groupsCreated Committee to improve education

for foster youth through strategy of training and communication Juvenile Court Children’s Services Schools Legal Aid

Foster Care Committee

Effective collaboration

Urban school district invested and at the table

Small working group able to identify issues and set priorities

Growing desire to increase impact

ExpansionDetermined to expand Committee to

increase impact Invited additional school districts within same

county (Hamilton) Added 2nd county (Butler County)Became multi-disciplinary across 2 countiesChanged nameCreated mission statement

To improve school experiences and

strengthen educational outcomes and opportunities

for children in the foster care system.

Collaboration for Education Success of Children in Foster Care

Who Participates in the Collaboration?

School District AdministratorsJuvenile Court Magistrates and Court

AdministratorsChildren’s Services AdministratorsChildren’s Mental Health and Social Service

Administrators and Case ManagersCounty ProsecutorsHomeless Student Liaison (McKinney Vento)Attorney/Guardian ad Litem and CASA programsLegal Aid Society Attorneys

Why do schools participate?Participant contact list provides valuable

networking opportunities and access for problem-solving

Access to Juvenile Court Magistrates or Court StaffDirect access to Children’s ServicesStrategies for trauma-informed responses within

schoolsEnvironment encourages dialogue and

respect/safe to raise questionsLegal mandates as well as practical challenges of

implementing laws addressedSource for crucial information

Maintaining MomentumKeep agenda relevantAnticipate opportunities for assistance and

successMaintain collaborative / non-judgmental

environmentBe flexible about school representativesFacilitate effectivelyBe productive – seek deliverables and

concrete outcomes

Threats and ChallengesFinancial stresses – every public system,

agency and school district is running on empty

Resources for administrative tasks & responsibilities

Diverse priorities Time in short supply

How to Get StartedIdentify new partners

Social services Mental health

Juvenile Court leadership Critical glue Resource rich

Willingness to service other priorities Give & take Patience

Contact Information

Elaine E. FinkManaging AttorneyLegal Aid Society of Southwest Ohio, LLC215 E. Ninth Street, Suite 500Cincinnati, Ohio 45202513-362-2821efink@lascinti.org