State-By-State Summary of Youth Involvement in Court

State-by-State Summary of Youth Involvement in Court

In January 2008, the American Bar Association’s Center on Children and the Law and Youth at Risk Commission, in partnership with Casey Family Programs and the Eckerd Family Foundation, started the Bar-Youth Empowerment Project (Bar-Youth). The Bar-Youth Empowerment Project aims to improve outcomes for children in foster care by promoting meaningful youth participation in dependency court cases and permanency planning. Bar-Youth has developed many materials to support youth, caseworkers, attorneys, judges, guardians ad litem (GALs) and other stakeholders with meaningfully and appropriately involving youth in their court hearings and case planning. Bar-Youth is collaborating with the NationalChildWelfareResourceCenter on Legal and Judicial Issues to provide free trainings and technical assistance to states and territories on effective strategies and practices to enhance the involvement of youth in court. To learn more about the work of the Bar-Youth Empowerment Project, or to inquire about training or technical assistance around youth involvement in court, please visit our website or email Andrea Khoury ().

The Bar-Youth Empowerment Project, building off the work of Theresa Hughes of St. JohnLawSchool in 2007, examined every state dependency statute and court rule to determine whether a child 1) is considered a party, 2) is entitled to notice of proceedings, and 3) has a right to be present during proceedings. Furthermore, we requested feedback from the every state’s Court Improvement Project (CIP). Our goal is to keep this chart up-to-date and accurate, so we encourage you to contact us () if you have changes or additions for your jurisdiction. Please feel free to share this document with fellow advocates.

State / Child Considered a Party? / Child Entitled to Notice of Proceedings? / Child Has a Right to be Present During Proceedings?
Alabama / Yes, there is no specific statute defining a party as including a child, but various other statutes refer to children as parties. For example:
Ala.Code 1975 § 12-15-304
(a) The court, at any stage of a proceeding under this chapter, may appoint a guardian ad litem for a child who is a party to the proceeding if he has no parent or guardian or custodian appearing on his behalf or their interests conflict with those of the child. A party to the proceeding or his employee or representative shall not be so appointed. (emphasis added). / Yes, for ages12 or above.
Ala.Code 1975 § 12-15-122
(a) After a petition alleging delinquency, in need of supervision or dependency has been filed, the court shall direct the issuance of summonses, one to be directed to the child if the child is 12 or more years of age, another to the parents, guardian, or other custodian and others to such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to answer or testify as to the allegations of the petition. Where the custodian is summoned, the parent or guardian, or both, shall also be served with a summons
(e) A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing. / Yes, but can be temporarily excluded if it is in the best interests of the child.
Ala.Code 1975 § 12-15-129
All hearings pursuant to this chapter shall be conducted by the juvenile court without a jury and separate from other proceedings. The general public shall be excluded from delinquency, in need of supervision, or dependency hearings and only the parties, their counsel, witnesses, and other persons requested by a party shall be admitted. Other persons as the juvenile court finds to have a proper interest in the case or in the work of the juvenile court may be admitted by the juvenile court on condition that the persons refrain from divulging any information which would identify the child under the jurisdiction of the juvenile court or family involved. If the juvenile court finds that it is in the best interests of the child under the jurisdiction of the juvenile court, the child may be temporarily excluded from the hearings, except while allegations of delinquency or in need of supervision are being heard.
Alaska / Yes.
Child in Need of Aid Rules,Rule 2. Definitions
(l) “Party” means the child, the parents, the guardian, the guardian ad litem, the Department, an Indian custodian who has intervened, an Indian child's tribe which has intervened, and any other person who has been allowed to intervene by the court. / Yes, because all parties are entitled to notice. The child may be served in person or by serving the child’s attorney, GAL or social worker.
AS 47.10.030(b)
(b) In all cases under this chapter, the child, each parent, the tribe, foster parent or other out-of-home care provider, guardian, and guardian ad litem of the child and, subject to (d) and (e) of this section, each grandparent of the child shall be given notice adequate to give actual notice of the proceedings and the possibility of termination of parental rights and responsibilities,
Child in Need of Aid Rules,Rule 3. Hearings
(a) Notice. Notice of each hearing must be given to all parties and any foster parent or other out-of-home care provider within a reasonable time before the hearing. Service on the child may be accomplished by serving the child's guardian ad litem, attorney or social worker. Notice to a foster parent or out-of-home care provider must be provided by the Department. / Yes, however there are instances when the child may lose the right to be present. For example, the child need not be present if the child is not of “suitable age” or “testimony would be detrimental to the child.”
AS 47.10.080(f)
The child shall be afforded the opportunity to be present and to be heard at the permanency hearing.
Child in Need of Aid Rules,Rule 3. Hearings
(b) Presence of the Child. A child who is not of suitable age to understand or participate in the proceedings need not be present at hearings unless the court so orders. The court may excuse the presence of a child who is of suitable age if attendance would be detrimental to the child. The child or the child's guardian ad litem may waive the child's right to be present at a particular hearing.
(d) Parties Excluded. The court may exclude the child during particular testimony if the effect of that testimony would psychologically harm the child. The court also may exclude a parent, guardian or Indian custodian during the child's testimony in order to protect the child from material psychological harm, provided that the parent, guardian or Indian custodian may listen to a recording of the testimony to prepare for further examination and rebuttal.
Arizona / Yes.
17B A.R.S. Juv.Ct.Rules of Proc., Rule 37
Rule 37. Definitions
A. Parties. Reference to a party to the action means a child, parent, guardian, the Arizona Department of Economic Security or petitioner, and any person or entity who has been permitted to intervene pursuant to Rule 24, Ariz. R. Civ. P., or the Indian Child Welfare Act. / No, for initial dependency hearings, but notice to the child’s GAL is required.
(A.R.S. § 8-535)
Yes, for periodic reviews following initial dependency hearing if child is 12 years or older. (A.R.S.§ 8-847)
A.R.S.§ 8-535
Notice of initial hearing; waiver; guardian ad litem
A.. . .Notice of the initial hearing and a copy of the petition shall be given to. . . the guardian ad litem of any party as provided for service of process in civil actions.
A.R.S. § 8-847
B. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notice of the review and the right to participate in the proceeding:
5. The child, if twelve years of age or older. / Yes, for periodic reviews following initial dependency hearing if the child is 12 years or older.
Unknown for initial dependency hearings.
A.R.S. § 8-847
B. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notice of the review and the right to participate in the proceeding:
5. The child, if twelve years of age or older.
Arkansas / Unknown. / Unknown. / Child required to be present unless excused for good cause.
A.C.A. § 9-27-325
§ 9-27-325. Hearings--Generally
(c)(1) At the time set for hearing, the court may:
(A) Proceed to hear the case only if the juvenile is present or excused for good cause by the court.
California / Yes.
Cal. Welfare and Institutions Code 317.5
(a) All parties who are represented by counsel at dependency proceedings shall be entitled to competent counsel.
(b) Each minor who is the subject of a dependency proceeding is a party to that proceeding. / Yes, if older than 10 or if older than 8 if the notice is under certain provisions.
Cal.Rules of Court, Rule 5.524
Formerly cited as CA ST TRIAL CT Rule 1407
“(e) [Persons entitled to notice ( 335, 658, 660)] The clerk shall cause the notice and attached copy of the petition to be served on each of the following:
“(1) The child, if 10 years or older and the petition is filed under section 300;
“(2) The child, if the child is eight years or older and the petition is filed under section 601 or 602;
/ Yes. If a child 10 or older is not present, the court must determine whether proper notice was given and ask why the child is not present.
Cal.Rules of Court, Rule 5.530
Formerly cited as CA ST TRIAL CT Rule 1410
(b) Persons present (§§ 280, 290.1, 290.2, 332, 347, 349, 353, 656, 658, 677, 679, 681, 700; 25 U.S.C. §§ 1911, 1931-1934)
The following persons are entitled to be present:
(1) The child;
Cal. Rules of Court, Rule 5.534
(p) Presence of child (§ 349)
If the child is 10 years of age or older and he or she is not present at the hearing, the court must determine whether the child was properly notified of his or her right to attend the hearing and ask why the child is not present at the hearing.
Colorado / Unknown. / Unknown. / Unknown, however the court may order the child to appear
Col. Rev. St. 19-3-503
(3) The summons shall require the person or persons having the physical custody of the child to appear, and it may order the child to appear before the court at a time and place stated.
Connecticut / Unknown. / Yes.
CGS Sec. 46b-129(k)(1)
The court shall provide notice to the child or youth, and the parent or guardian of such child or youth of the time and place of the court hearing on any such motion not less than fourteen days prior to [a permanency hearing]. / Yes, unless good cause shown.
CT. PB Sec. 32a-5Consultation with Child or Youth
(Amended June 30, 2008, to take effect Jan. 1, 2009.)
(a) In any permanency hearing held withrespect to the child or youth, including, but notlimited to, any hearing regarding the transition of
the child or youth from foster care to independentliving, the judicial authority shall assure that thereis consultation with the child or youth in an age appropriatemanner regarding the proposed permanencyor transition plan for the child or youth.
(b) For good cause shown, the child or youthwho is the subject of a hearing may be excludedfrom the courtroom.
Delaware / No. / No. / No.
Wash DC / Yes.
Neglect and Abuse Rule 10.Parties; Other Persons Entitled to Notice and Opportunity to Be Heard
(a) Parties. The parties to a neglect proceeding shall include the District of Columbia, the child alleged to be neglected, and the parents, guardian or custodian. / Yes.
Neglect and Abuse Rule 10. Parties; Other Persons Entitled to Notice and Opportunity to be Heard.
(a) Parties. The parties to a neglect proceeding shall include the District of Columbia, the child alleged to be neglected, and the parents, guardian or custodian. / No.
Florida / Yes.
Fla.R.Juv.P. Rule 8.210
Rule 8.210. Parties and Participants
(a) Parties. For the purpose of these rules the terms “party” and “parties” shall include the petitioner, the child, the parent(s) of the child, the department, and the guardian ad litem or the representative of the guardian ad litem program, when the program has been appointed. / Yes.
Fla.R.Juv.P. Rule 8.255
Rule 8.255. General Provisions for Hearings
(h) Notice. When these rules do not require a specific notice, all parties will be given reasonable notice of any hearing. / Yes.
Fla.R.Juv.P. Rule 8.255
Rule 8.255. General Provisions for Hearings
(b) Presence of Child. The child has a right to be present at the hearing unless the court finds that the child's mental or physical condition or age is such that a court appearance is not in the best interest of the child. Any party may file a motion to require or excuse the presence of the child.
Georgia / Unknown. / Yes, if the child is 14 years or older.
Ga. Code Ann., § 15-11-39
§ 15-11-39. Time for hearing; summons
(b) The court shall direct the issuance of a summons to the parents, guardian, or other custodian, a guardian ad litem, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons shall also be directed to the child if he or she is 14 or more years of age or is alleged to be a delinquent or unruly child. A copy of the petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition can be obtained. / Yes, but may be temporarily excluded.
Ga. Code Ann., § 15-11-78
§ 15-11-78. Exclusion from and admission to hearings of general public
(a) Except as otherwise provided by subsection (b) of this Code section, the general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard.
Hawaii / Yes.
HRS § 587-2 Definitions
“Party” means an authorized agency, the child, the child's family member or members who are required to be summoned pursuant to section 587-32(a), any other member of the child's family, or any other person who is alleged in the petition filed under this chapter or who is subsequently determined at any child protective proceeding to be encouraging, causing, or contributing to the acts or conditions which bring the child within this chapter, and who has been duly served with a summons and a copy of the petition filed under this chapter; provided that the court may limit a party's right to participate in any child protective proceeding if the court deems such limitation of such party's participation to be consistent with the best interests of the child and such party is not a family member who is required to be summoned pursuant to section 587-32(a), except as provided in section 587-73(b)(1)(D). / Yes.
HRS § 587-32. Summons
(a) After a petition has been filed, the court shall issue a summons requiring a child's family member or members who have legal or physical custody of the child at the time of the filing of the petition to bring the child before the court at the temporary foster custody hearing or on the return date set forth in the summons. In addition, any legal parent, the natural mother (unless the child has been the subject of an adoption), the adjudicated, presumed, or concerned natural father of the child as defined under section 578-2 (unless the child has been the subject of an adoption), and other persons who are to be parties to the child protective proceeding at the time of the filing of the petition also shall be summoned, in the manner provided in this section.
HRS § 587-51.5. Notice of hearings
(a) Notice of all hearings shall be served upon the parties and upon the parents. Notice of hearings shall be served by the department upon the parties no less than forty-eight hours before the scheduled hearing. No hearing shall be held until the parties are served. / Yes, per policy letter from Judges Wong and Uale, dated July 31, 2008 and effective October 1, 2008.
Family Court Policies for Youth Attendance in Court for H.R.S. Chapter 587 Cases
Youth aged 14 years or older shall appear at all post-adjudication hearings in their H.R.S. Chapter 587 cases unless they are unable to be located, unwilling to appear, or the court has determined it is against their best interest. We request that the Department of Human Services (DHS), other foster and permanent custodians, and the child’s GAL support this endeavor and that they will support and encourage both the youth and the families they live with to participate. At a minimum, the child and the family he/she lives with will be noticed (either orally or in writing) by the GAL no less than two weeks prior the hearing.
Idaho / Unknown. / Yes.
RULE 40. NOTICE OF FURTHER PROCEEDINGS INCLUDING PARENTS, FOSTER PARENTS AND OTHERS (C.P.A.)
(b) After the adjudicatory hearing, a child eight (8) year of age or older, shall be provided with notice of, and have a right to be heard, either in person or in writing, in any further hearings to be held with respect to the child. The Department of Health and Welfare shall provide this notice and shall confirm to the court that the notice was given. / No, but child may attend, and judge may exclude.
I.C. § 16-1613