The foster care system comes in contact with and is shaped by many forces but perhaps the greatest is the Court system. Nothing, absolutely nothing, can compare to the power that the lawyers, Judges, and their actions have over the children and their families. Their decisions can cause great hapiness or total devestation to children who often have little or no input as to where they live or what happens to them. Obviously, those of us who share their lives are also heavily influenced by the Court and the pronouncements it makes.

Most everyone who has been to Court knows that it can be a very intimidating and nerve-racking experience. In many situations, we have no control over the legal environment but we do have control over how we deal with what happens. One of the ways we can lessen the threat of making a Court appearance is to learn more about the system and how we can better prepare the children and ourselves. However, like so many other things in life, it is not something that can be done easily or quickly. It involves a gradual and wide-based approach that will require both your time and energy.

IN THE BEGINNING...

Start early, the preparation begins when the child first comes into your home.

Observe the children...look, listen, and learn from their behaviors and what they don't say as well as what they do. Foster parents should not prompt a child to talk about the abuse, but instead be supportive and a good listener. Pay attention if and when the child brings up the details.

Keep a record. Take notes on things the children tell you and let their social worker know if it is new information or something different than you've been told. These contacts should be on a regular basis. Let them know how the child is adjusting to foster care and in general, how they are doing. This information should also be made available to the child's Guardian-Ad-Litem (GAL-their lawyer) if this is permissable within your system.

Keep in touch with authorities by making sure the prosecutor knows who you are and how to get in touch with you. In general, be available for those who need to talk with you.

Children often have nicknames or their own words for things in their life. It may be a pet, an object or a part of their body. If you come to know what these names or words are, you may be able to "interpret" for others later on.

Pay attention to the child's habits, games, or mannerisms. This information may be useful to a counselor, therapist or the prosecuting attorney. It can also be important to learn how the child makes himself comfortable. What subjects makes the child shy or embarrassed?

Provide a nurturing environment. Your child needs to know that they are not in foster care because of something they did, but because of something that someone did to them. Although many children will understand this on an intellectual level, there are just as many who will feel guilty and responsible for what they see as bad things happening to their family.

If the child is comfortable with the people they meet in the judicial process, they will be more likely to be truthful and suffer fewer fears when appearing in Court.

BE A TEACHER...

The children will have to communicate to the Court. Part of your role will be to provide a normal life for the child so that they will be able to describe events or things and answer questions.

Young children in particular do not have a fully developed sense of time. Often they can not describe when events occurred. Talk about seasons, months and, if appropriate, days of the week. Does the child understand general terms like morning, afternoon, before and after, etc.?

They also may need help sorting out family relationships such as cousin, stepmother, boyfriend, etc.

In a sexual abuse case, however, do NOT try to teach a child the proper names for body parts or bodily functions. Normally, only an adult would use these words so it could give the impression that the child has been told what to say and could destroy their credibility.

BE HONEST...

Make sure the child knows the difference between truth and make-believe. With young children, the Court must determine if the child understands the oath and what it means to tell the truth. This is a crucial first step which may determine whether the child can testify at all.

Be a role model by being honest with the child. Show them what honesty is, how a honest person acts, etc. The child will learn the importance of telling the truth by seeing good examples.

BUT BITE YOUR EMOTIONAL TONGUE...

If you are worried about the case, meeting the attorneys, appearing in Court, etc., the child probably will see this and also be worried. Try to be confident but don't be afraid to let them know that these kind of feelings are normal and everyone, including social workers and lawyers, experience them.

b>PREPARING YOURSELF

Before you can prepare a child for Court, you must first prepare yourself. Be prepared to answer your child's questions.

LEARN THE PROCEDURES

Criminal cases

Criminal cases are designed to punish someone for wrongdoing.

A Preliminary hearing is held to determine if there some reasonable basis for bringing the charges.

A bond or bail, a promise to appear for trial and to abide by the rules of the Court, might be posted by the accused.

An indictment is a formal charge.

In a suppression hearing there is no jury present. The Judge decides if some evidence should be allowed in the case or not.

Sequestration-only one witness in the Courtroom at a time, but remember that the defendant is always allowed in the Courtroom.

Verdict and post-trial motions-a case does not end with a verdict of guilty. There will be a hearing for sentencing and other motions. Post-trial motions can take many forms and last for months, even years.

Civil neglect case

A civil neglect case is designed to remedy a problem.

In a preliminary hearing, evidence is presented to justify removing the child from their home.

In camera or in chambers-meeting with the Judge out of the presence of the jury and maybe out of the Courtroom.

Improvement Period-puts the evidence on hold, while someone tries to fix the problem without deciding guilt or innocence.

Adjudication-similar to a verdict. A decision by the Judge about whether the charges have been proven and what needs to be done about them? Termination of parental rights is one of the options that can be applied here.

LEARN THE PLAYERS

Prosecuting Attorney presents the case against the abuser. In most cases where a government agency is involved, the Prosecutor also acts as that agency's attorney.

Guardian ad litem-the child's lawyer. In most situations, all children have GALs appointed to ensure that their rights are protected. However, the quality of representation varies widely.

Defendant/respondent-the person charged with the abuse or neglect or someone who allowed it to happen.

Defense attorney-protects the defendant's rights.

Judge-The person presiding over the hearings and other legal meetings. Makes the final decisions.

Court reporter-takes down every word spoken in the Courtroom so that a record of the proceedings will be available.

Court clerk-keeps records for the Court.

Bailiff-either a deputy sheriff or civilian to help keep order in the Courtroom.

Jury-decides the verdict in a criminal case. The child should understand that the jury wants to hear what happened to them.

Special Advocate (CASA volunteer)-appointed by the Court to act in the child's best interests to carry out Court procedures and to resolve any problems the child is having.

VISITING THE COURTHOUSE IN ADVANCE

Fear of the unknown is perhaps the greatest fear that mankind and kidkind can face. There are many terrible experiences in life but the worst are the those that are unknown. Usually what we imagine is much worse than the reality. And so it is with all new experiences, including going to Court. As long as the Courtroom and its players remain faceless they remain more frightening. Often, if you can provide a child with a field trip to the Courthouse and meet some of the people there, their worry is reduced. For that reason, I think it is important for all older children to go and visit the Courthouse before a hearing.

If no one calls you to arrrange a visit, contact the Social Worker, Guardian, or Prosecutor and schedule a visit yourself. Try to make sure that all three will be available before the hearing. But if they won't do it, go yourself. Most Courthouses allow public access although some have heightened security and may not let you into the actual Courtroom without one of the above being present.

Even if you have an appointment, be prepared to wait. Also, if more than one child is involved, the prosecutor will probably want to talk to each child separately. Bring materials such as mazines, a coloring book or favorite doll to occupy their time. These things will help to make the Courtroom and the people there a more fiendly place.

PRACTICE COURT PROCEDURES

If possible, the child should go through a bit of his or her testimony. This may not be appropriate on the first visit and you may have to come back a second time.

Other aspects of Court can be practiced such as speaking into the microphone, taking the oath, "All rise, Court is now in sesssion", etc.

After all of the more required visits are made, you might want to go back on a more social basis, again trying to humanize the whole process. If no one else mentions it, you should mention to the child that sometimes several hearings are held and they may have to go back again.

TRIALS AND OTHER HEARINGS

Keep in touch with "the players" so that you will know when and where the hearing will be held, if you have to be there, what time, or if you have to do anything special. Be sure and let the child know what's going on. Even if they don't have to go to the hearing, they should know that one is scheduled. This will probably cause some anxiety but it will probably be less than if they come home from school and the Court's decision is "sprung" on them from "out of nowhere."

If the child does have to testify, you may not be permitted in the Courtroom when that occurs. Make sure the child knows this and is prepared. Also, expect the unexpected. Even though you are not suppoenaed, you may be called to testify or to assist the child in the hearing. When going to Court, assume nothing and you will not be disappointed.

At the end of the day, if not before, thank the child, regardless of the outcome. Court envolvement is hard on adults but it is more bewildering and intimidating for children. Give them your support.

THINGS TO AVOID

At all stages of this process be truthful, never lie.

Don't make promises you can't keep. No one knows how a Court hearing will turn out, so don't say, "He'll go to jail for what he did"... "You'll never have to see him again" or "If you just tell them this once, you will never have to talk about it again."

Don't criticize any parties in the case or indicate that you think that they are a bad person. It's OK to say that the behavior was bad. An example would be to say, "Your father did a cruel thing to you. "rather than, "Your father was cruel when he did that to you". The difference is subtle but one attacks the behavior, the other the person. Many neglected/abused children still feel affection for their abuser and attacking them may increase your child's feelings of guilt, confusion, worthlessness, etc. Also, from a very practical viewpoint, the child may repeat your words in Court. Not a good thing to happen in a potentially adversarial setting.

If the child talks to you about the abuse, avoid using leading questions and accusatory questions. For example, "Tell me how your Dad abused you".

Do not give the child gifts or rewards for testifying. It's not only all right but a good practice to praise them for testifying and telling the truth but a gift might give the outside appeareance that you were influencing their testimony.

If you keep any notes or records about the case, do not let the child see them. This also will give the appearance that you are trying to influence their testimorny.

A FINAL NOTE...

And finally, a word about the people we live with...our families. The above situation will not only alter your life but the lives of others in your family as well. Obviously, there will be stress from the hearing and all the feelings that are conjured up by it. But you will find that even the simplier things, like missed meals or less time to spend with your family will become "larger than life" issues and may pull you closer together or tear away at your inner strength. Take time to recognize that this might happen and keep it in perspective if it does. A Court hearing and the decisions made there will be far-reaching but for the most part the extra stress will pass in a short period of time. Hopefully, the above will help you through it.

Credits: Emil Baldwin, Jr., LSW