San Mateo County Grand Jury
• 2005-2006
Issue | Background | Findings | Conclusions | Recommendations | Responses | Attachments Summary of Emancipation from
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Findings and Recommendations 4 findings
F1
Take steps to improve clients’ understanding of their rights as dependents of the court. Prepare the CS 230 (3/02) “Child’s Personal Rights” document in several versions that are appropriate for the varying ages of the clients involved. In addition, amend these documents to include a listing of the following rights: a. The right to communicate directly with the judge to request intervention in their circumstances, should other avenues not be working. b. The right to request a change in therapy (drop or move to peer or family group). c. The right to be in contact with their lawyers prior to each hearing of their cases. Response: Partially agree. HSA agrees that the youth have the right to directly communicate with the Judge. However, the Agency believes it is the attorney’s responsibility to communicate with the client to facilitate talking with the Judge. Foster youth should have a right to change therapy regarding placement issues after discussions with social workers and TDMs. HSA is in the process of updating its Children and Family Services handbook. Included in the revision will be a modified personal rights document that is written in easily understood and youth-friendly language. The document will explain that foster youth have the right to attend court hearings and reference how to access their attorneys, and how to work with these attorneys prior to hearings. The document will also explain how to participate in decisions regarding therapy, placement, visitation and other court orders. This revision will be completed by the end of this calendar year.
Related Recommendations (1)
R1
Take steps to improve clients' understanding of their rights as dependents of the court. Prepare the CS 230 (3/02) "Child's Personal Rights" document in several versions that are appropriate for the varying ages of the clients involved. In addition, amend these documents to include a listing of the following rights: a. The right to communicate directly with the judge to request intervention in their circumstances, should other avenues not be working. b. The right to request a change in therapy (drop or move to peer or family group). c. The right to be in contact with their lawyers prior to each hearing of their cases.
F2
Develop the proposed earlier ILSP responsibility training program for youth between 14 and 15.5 to reach youth as young as 10 or 12. This will allow more time to introduce the concepts and to help develop an attitude of self-reliance and individual responsibility. Response: Disagree. Ages 10 and 12 are too young to start ILSP. Concepts of adult self-sufficiency are too abstract for this age group. Other asset development strategies are more effective. Currently a partnership with the Fostering the Future/Peninsula Community Foundation program provides three asset coaches to current and former foster youth. One coach is assigned specifically to middle school age children in foster care. The role of the Asset Coach is to develop personal responsibility and resiliency through involvement with community, healthy use of time, and productive child/adult relationships. These youth are some of the most vulnerable in the community and have come through very difficult experiences. Through Asset Development Strategies, youth ages 10-14 can develop resiliency, self-confidence, and a connection to a caring community. This will prepare them for Pre ILSP at age 14. Adolescent Services is currently developing curriculum and interviewing trainers for the Early ILSP Program for 14-15 year olds. Classes are anticipated to begin by October 2006.
Related Recommendations (1)
R2
Develop the proposed earlier ILSP responsibility training program for youths between 14 and 15.5 to reach youth as young as 10 or 12. This will allow more time to introduce the concepts and to help develop an attitude of self-reliance and individual responsibility.
F3
Expand both the initial and annual training of foster parents to include methods of teaching individual responsibility to their charges. Response: Agree. This is a good idea. HSA is open to discussions with foster parents regarding further training. This will be discussed at the Foster Parent Association meetings and made part of the Strengthening Partnership workshops. HSA has already started to incorporate Asset Development in the foster parent training and is looking at a more strength-based approach for working with these youth. This training will be reworked and improved during FY 2006-07.
Related Recommendations (1)
R3
Expand both the initial and annual training of foster parents to include methods of teaching individual responsibility to their charges. Additionally, the grand jury recommends that:
F4
The County Board of Supervisors seek legislation from the State of California that would allow an exception from the State confidentiality laws to enable the promoting of individual children in foster care, their personal life circumstances, and their need for foster or adoptive parents. Response: Disagree. The County Board of Supervisors is currently involved in multiple legislative efforts related to foster children. The Agency has some concerns about making foster children’s lives too public. HSA currently shares confidential information with foster parents that is relevant to the youth’s care and supervision. The Judge can also authorize disclosure of confidential information relating to foster children. Foster parents are currently allowed to participate in court proceedings unless the parent requests they not be there. Foster children have indicated numerous times that they do not want others in their school or personal lives to know about their status. Foster children should have the same rights as other children to keep their personal and family background private. HSA does not support releasing confidential information of individual children in foster care except in specific and limited circumstances; e.g., approval by the court.
Related Recommendations (1)
R4
The County Board of Supervisors seek legislation from the State of California that would allow an exception from the state confidentiality laws to enable the promoting of individual children in foster care, their personal life circumstances, and their need for foster or adoptive parents. 6
Conclusions 1
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CL1 Page 5The caring and well-intentioned foster care program, with its focus on physical care and adoptive placement, can have an unintended and undesirable side effect. While the system is largely successful in physically caring for the individuals through age 18, it often corrodes individual responsibility in the process. This occurs either through engendering in its clients a sense of entitlement and an expectation of being provided for or through inculcating a sense of helplessness and an inability to affect one’s own condition. In either case, it becomes more difficult for foster youth to develop into successful, contributing members of society. In order to begin to take personal responsibility one must be aware of one’s own rights and be given an opportunity to exercise them. Currently youth have an inadequate grasp of this critical component of self-reliance. The document Child’s Personal Rights (CS 230 of 3/02) is a lengthy and legal document apparently designed for the caregiver, a copy of which is provided the foster child. It does not appear age appropriate for anyone under 14 or 15. It also does not inform the child that he or she can directly contact the judge or have input in the termination or modification of court mandated therapy. Lastly, it does not inform clients of their right to speak with their lawyers prior to each semi- annual hearing of each of their cases. 5 The programs in place do not focus on developing the attitude and mindset for personal power and responsibility. Currently this begins at 15.5 with a focus on the required physical necessities of independence. By this stage an opportunity to strengthen the attitude of self-reliance has been missed. Just as good parents teach their children about taking responsibility for actions and making the most of the opportunities provided, so too can caring, well meaning, and trained foster parents communicate this essential life trait. Their training in this critical skill is, however, limited or nonexistent. Additionally, there are more clients than there are foster parents. This imbalance could be at least partially ameliorated through the publicizing of the life circumstances of the youths involved. Unfortunately, the state law protecting an individual’s privacy prohibits this.