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Courts should review existing information and collect new information, where necessary, to understand current court practices in the following seven areas:
- Family case jurisdiction.
- What cases are currently included under “family cases” in the court? For example:
- Juvenile law violations
- Cases of abuse and neglect
- Cases involving the need for emergency medical treatment
- Voluntary and involuntary termination of parental rights proceedings
- Appointment of legal guardians for juveniles
- Intra-family criminal offenses (including all forms of domestic violence)
- Proceedings in regard to divorce, separation, annulment, alimony, custody, and support of juveniles
- Proceedings to establish paternity and to enforce child support
- How does the court define “family.”
- Is the court bound to state statute or other legal authority in defining family or family cases?
- Coordination of families. Does the court have any current mechanisms in place to coordinate cases across the jurisdiction involving the same family? What are they? How well are they working? What problems, if any, occur with the current system of coordination?
- Case management.
- What time standards are required for each type of family case? Does the court adhere to the standards?
- Are different case management procedures used for different types of cases? If so, how are they coordinated when families are involved in multiple cases? For example, are calendars coordinated for families involved in multiple cases?
- How are judges provided with information about related cases within a family?
- Are there barriers (e.g., lengthy, complex procedures) to good case management?
- How does the court handle pro se litigants involved in family cases (see also pro se section)?
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- Service coordination and management.
- Is the court aware of services available in the community? How does the court learn about community services?
- How well do available community services meet the needs of families in court? Are some populations not being served (e.g., individuals with both substance abuse and mental health problems)?
- Do federal and state “funding streams” affect the provision of services? Can/do agencies “pool” their resources to address multiple needs of a family?
- How are services matched to individuals’ needs?
- How are referrals to services made? Does anyone coordinate the various service contacts for a family? Does anyone follow-up to see if the services have been accessed and delivered?
- Who bears responsibility for managing contracts with providers and vendors?
- How is information shared among service providers and the court? How do courts and agencies address confidentiality and privacy issues?
- Available dispositions and sanctions.
- What types of dispositions are available?
- What types of sanctions are available? Are there sentencing guidelines or other standards that must be followed?
- Are inconsistent or meaningless orders prepared because information on other cases involving the same family members is unavailable?
- Has the court considered the limits of what it can and cannot order? For example, for how long can the court order someone to services? Are its orders vulnerable to challenges?
- Monitoring compliance with orders. How does the court know whether its orders have been followed? Does someone track a family’s progress in complying with orders? Is compliance reviewed on a regular schedule? Who is told if orders are not followed and what happens next?
- Available training.
- What types of training/mentoring is available for judges and court staff regarding family dynamics and more therapeutic models of judicial case processing?
- Are there opportunities for multi-disciplinary training to allow members of various legal and service professions to network and learn from one another?
- How often are formal training programs provided? How do judges and staff learn about them? Is professional continuing education credit available to participants?
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Next Step: Step 2: Determine Changes
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