Beyond the Bench XXII - Monday, December 2, 2013
Welcome
Ms. Diane Nunn, Director, AOC, Center for Families, Children & the Courts
Hon. Steven Jahr, Administrative Director of the California Courts
Ms. Linda Penner, Chair, California Board of State and Community Corrections
Plenary Speakers
Foster Care in Prime Time: Breaking New Ground in Popular Culture
Mr. David Ambroz, Director, Corporate Citizenship & Social Responsibility Disney/ABC Television Group
From Gideon and Gault to Kids for Cash
Mr. Robert Schwartz, Executive Director, Juvenile Law Center Philadelphia, Pennsylvania
Ms. Carissa Phelps, Author, Runaway Girl: Escaping Life on the Streets, One Helping Hand at a Time; Chief Executive Officer, Runaway Girl, FPC
Speakers will discuss with participants effective court practices to recognize and deal with the emotional trauma that families and children in the court system are frequently suffering. Participants will have an opportunity to hear from experts and discuss with their colleagues what has and has not worked to address these issues.
Hon.Scott Gordon,Supervising Family Law Judge, Superior Court of California, County of Los Angeles
Hon. Michael Nash, Presiding Judge of the Juvenile Court,Superior Court of California,County of Los Angeles
Dr. Kathleen West, Department of Preventive Medicine,USC Keck School of Medicine; Department of Social Welfare, UCLA Luskin School of Public Affairs
Concurrent Workshops 1
1:45 - 3:15 P.M.
This workshop will focus on the constitutional issues in juvenile dependency proceedings. Parents and children have certain constitutional protections in these cases, including due process and equal protection. The panel will review hypothetical case scenarios that will allow participants to identify the constitutional issues and provide participants with case law to address these issues in court.
Hon. Marguerite Downing, Judge, Superior Court of California, County of Los Angeles
Ms. Tilisha Martin, Attorney, Dependency Legal Group
Ms. Marymichael Miatovich, Attorney, AOC, Center for Families, Children & the Courts
Mr. Mark Wasacz, Attorney, Wasacz, Hilley & Fullerton
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This workshop will explore the fundamental relationship between meaningful involvement of community and tribal partners and the successful implementation of a child and family practice model designed to address systemic barriers and reduce long term foster care for the most impacted families.
Hon. Joyce Hinrichs, Presiding Judge of the Juvenile and Family Court, Superior Court of California, County of Humboldt
Hon. Michael Nash, Presiding Judge of Juvenile Court, Superior Court of California, County of Los Angeles
Ms. Cyndi Alexander, Tribal Consultant, Child & Family Policy Institute of California
Ms. Ebony Armstrong, Los Angeles Countywide Lead, Parents in Partnership for Pomona & El Monte DCFS Offices
Mr. Jonathan Byers, Division Chief, Los Angeles County Department of Children and Family Services
Ms. Karen Gunderson, Chief, Child and Youth Permanency Branch, California Department of Social Services
Ms. Barbara LaHaie, Assistant Director, Programs, Humboldt County Health and Human Services
Ms. Stephanie Weldon, MSW, Social Worker Supervisor II, Humboldt County Children & Family Services Division
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This workshop will focus on some of the procedural and ethical issues for juvenile justice professionals involved with juvenile competency litigation. An experienced panel will discuss with the audience protocols for restoring competency, ethical and procedural dilemmas for informal resolutions vs. competency litigation as well as those concerning the detention of juveniles who have been found incompetent.
Ms. Megan N. Gallow, Deputy Public Defender, Los Angeles County Office of the Public Defender
Mr. Rick Lewkowitz, Supervising Deputy District Attorney, Sacramento County District Attorney
Ms. Carolee Matias, L.C.S.W., Psychiatric Social Worker, Los Angeles County Office of the Public Defender
Ms. Carrie Zoller, Supervising Attorney, AOC, Center for Families, Children & the Courts (Moderator)
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Children and youth living in foster care face many challenges in their paths to educational success. During this session, panelists representing Santa Cruz County’s juvenile dependency court, education agency, and the National Center for Youth Law will examine these challenges and discuss efforts currently underway through the county’s FosterEd Initiative. Panelists and participants will strategize about how to increase inter-agency collaboration and ensure that children in care have the adult support they need to succeed in school.
Hon. Denine Guy, Presiding Judge of the Juvenile Court, Superior Court of California, County of Santa Cruz
Ms. Kim Corneille, Foster Youth Education Liaison, National Center for Youth Law / Santa Cruz County Office of Education
Mr. Michael Paynter, Foster Youth Services Coordinator and Program Manager of Student Services Division, Santa Cruz County Office of Education
Ms. Rachel Velcoff Hults, Attorney, National Center for Youth Law (Moderator)
Handout 1
Three pilot programs in California are providing representation in child custody matters where one side of the case is represented and one of the parties is asking for sole custody. Each program has a different structure and different hypotheses about the best way to handle these cases and provide services. Each is working closely with its local court to identify appropriate cases and provide a variety of services to ensure best outcomes for the families. This workshop will discuss the implementation of these pilots and early lessons learned including outreach and effective use of pro bono counsel.
Hon. Maureen Hallahan, Judge, Superior Court of California, County of San Diego
Mr. Javier Bastidas, Attorney, Justice and Diversity Center, San Francisco
Ms. Brandy Davis, Managing Attorney, Los Angeles Center for Law and Justice
Ms. Kris Jacobs, Managing Attorney, San Diego Volunteer Lawyer Program, Inc.
Ms. Stephanie Shadowens, MFT, Supervising Family Court Services Specialist, Superior Court of California, County of Los Angeles
Mr. Lee Morhar, Attorney, San Francisco, California (Moderator)
Over the last year and a half, Fresno Superior Court undertook an effort to reconsider how family law child custody mediation services were being delivered in light of resource constraints and the needs of the families and the court. This workshop will discuss the background for the new approach, the process the court went through to implement its current procedures, and the results of the changes. The session will be informed additionally with statewide perspectives on the topic.
Hon. Kimberly Nystrom-Geist, Judge, Superior Court of California, County of Fresno
Ms. Cheryl Scott, Director, Family Court Services, Superior Court of California, County of Fresno
Ms. Julia Weber, Supervising Attorney, AOC, Center for Families, Children & the Courts
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On September 30, 2012, Governor Jerry Brown signed into law SB 1064: The Reuniting Immigrant Families Act. SB 1064 addresses the problems encountered when immigration enforcement and the child welfare system intersect by prioritizing keeping children with their families and out of the public child welfare system whenever possible, and ensuring that separated families receive appropriate care and due process. This panel will discuss what lawyers for children and parents and county agencies in dependency cases need to know and to effectively implement the law’s provisions in individual cases.
Ms. Kristen Jackson, Senior Staff Attorney, Immigrants’ Rights Project, Public Counsel
Ms. Elizabeth Thornton, Attorney, American Bar Association Center on Children and the Law
Ms. Erin Quinn, Staff Attorney, Immigrant Legal Resource Center (ILRC)
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At a recent meeting of Teen Court judges in Los Angeles, Presiding Judge David S. Wesley described the SHADES program as a vehicle for criminal justice officials to become “better human beings.” Judge Wesley stated that SHADES makes “better judges, lawyers, probation officers, and police officers in the fulfillment of their duties within the justice system.” This workshop will focus on the case of Matthew D. to describe the workings of SHADES, Stopping Hate and Delinquency by Empowering Students. Matthew D. was involved in an anti-Semitic bullying incident at his high school and was referred to SHADES by the District Attorney in lieu of prosecution. Los Angeles Superior Court Presiding Judge David S. Wesley will facilitate a panel that will describe the SHADES program, as well as explore the personal impacts this trial had on those who participated.
Hon. Michael Carter, Judge, Superior Court of California, County of Los Angeles
Dr. Linda Blanshay, Museum of Tolerance
Ms. Suzarn Hightower, Museum of Tolerance/SHADES Remediation Program
Mr. Alejandro Lopez, California Conference for Equality & Justice
Ms. Maria Corona, (Juror) for the Matthew D. trial
Ms. Kianna Tago, (Juror) for the Matthew D. trial
Matthew D. (former youth on trial for bullying)
Facilitators: Hon. David Wesley, Presiding Judge, Superior Court of California, County of Los Angeles
Mr. Camilo Cruz, Community Relations Director, Superior Court of California, County of Los Angeles
Youth violence against parents, grandparents, and other care providers is an increasing problem in juvenile court. How can the juvenile court intervene in these cases in a way that protects victims, youth, and families and improves outcomes? This workshop will explore the limited research on this issue, identify ways in which the issue arises in court proceedings, and discuss possible successful interventions.
Hon. Donna Groman, Judge, Superior Court of California, County of Los Angeles (Moderator)
Ms. Lily Anderson, MSW, Step-Up Program, King County Department of Judicial Administration
Mr. Gregory Routt, M.A., Coordinator, Step-Up Program, King County Department of Judicial Administration
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Racial Impact Statements have increasingly been used as a tool to address bias in decision-making in the criminal justice system; several states (e.g., Iowa, Oregon, Connecticut) have passed Racial Impact Statement legislation as a mechanism to address unintended consequences of policies and initiatives and to reduce disparate and disproportionate treatment and outcomes for racial and ethnic populations. In 2012, the California State Interagency Team for Children and Youth (SIT) adopted a Racial Impact Statement developed by its Workgroup to Eliminate Disparities and Disproportionality (WGEDD) in an effort to work towards a climate of fairness and equity with respect to disparate and disproportionate treatment and outcomes across California’s state systems. This session will provide an overview of the Racial Impact Statement as an intervention tool to reduce disparities and disproportionality; describe how the RIS has been used across the nation and in California; and engage participants in a discussion about how the RIS tool can be further applied across systems to bolster fairness and equity across our California communities.
Ms. Shalinee Hunter, Field Representative/DMC Coordinator, California Board of State and Community Corrections
Ms. Autumn Valerio, Program Coordinator, California Institute for Mental Health
Dr. Rita Cameron Wedding, Professor, Chair, Department of Women’s Studies, California State University, Sacramento
Mr. Michael Roosevelt, Senior Court Services Analyst, AOC Criminal Justice Court Services Office, AOC Center for Families, Children & the Courts (Moderator)
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Concurrent Workshops 2
3:30 p.m. - 5:00 p.m.
Martin Luther King’s call of “justice for all” challenges us to use one of the most critical reasonable effort services to its fullest capacity. Progressive Visitation supports permanency decisions that are based on the parent improving skills related to the substantiated maltreatment; it is evidence based and trauma informed, leading to more families reuniting in less time. Additionally, Progressive Visitation keeps children safely connected with all members of their family, their culture, and their community. Through a sample case scenario the step-by-step process will be demonstrated and discussed, so that participants will gain insight into how the court and agency can progressively move from highly restricted initial visits to a safe transition home. A judicial officer will discuss visitation challenges and the information required in report writing to enable well-informed decisions that balance reasonable efforts, a child’s developmental needs, and safety concerns.
Hon. Steven Basha, Presiding Judge, Superior Court of California, County of Yolo
Hon. Patricia Bresee (Ret.), Consultant, Trainer, Retired Juvenile Court Commissioner
Ms. Rose Marie Wentz, Consultant and Trainer, Training for Change
Ms. Laura Pedicini, Attorney, AOC, Center for Families, Children & the Courts (Moderator)
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This workshop, designed specifically to provide specialty ethics hours for all attorneys who handle juvenile dependency cases, will explore three of the most common dilemmas that all counsel in dependency cases frequently face. The panel will guide participants through dilemmas relating to: 1) client communication; 2) the impact of the various roles of the social services agency; and 3) collateral consequences for the children and families who come into the juvenile dependency system.
Mr. David Meyers, Chief Operating Officer, Dependency Legal Services
Mr. John Passalacqua, Chief Executive Officer, Dependency Legal Services; Contributing Author, Seiser & Kumli on California Juvenile Courts, Practice and Procedure
Ms. Jennifer Williams, Administrative Hearing Officer, San Francisco Human Services Agency; Contributing Author, Seiser & Kumli on California Juvenile Courts, Practice and Procedure
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Juvenile Justice reform over the past 10 years has been significant, but where do we go from here? This workshop will explore where we have been and where we need to go to improve our delinquency system. Issues addressed will include realignment both at the state and local level, adult court adjudications, and alternatives to the status quo.
Hon. Kurt Kumli, Judge, Superior Court of California, County of Santa Clara
Mr. Matthew Golde, Assistant District Attorney, Alameda County District Attorney’s Office
Ms. Linda Penner, Chair, California Board of State and Community Corrections
Mr. David Steinhart, Director, Commonweal Juvenile Justice Program
Ms. Kathleen Howard, Executive Director, California Board of State and Community Corrections (Moderator)
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This presentation will outline the process undertaken to develop five critical practice standards to obtain successful outcomes in Drug Courts, and the structure and empirical support for these standards.
Hon. Stephen Manley, Judge, Superior Court of California, County of Santa Clara
Dr. Shannon Carey, Executive Vice President, Senior Research Associate, Northwest Professional Consortium Research, Portland, Oregon
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Often custody evaluations focus on allegations of parenting deficiencies and mental health diagnoses. This session examines the connection between allegation-based evaluations and parenting skills; how depression, substance abuse, domestic violence, personality disorders and other concerning behaviors may or may not adversely impact parent-child interactions. Research on the harmful impact of parenting deficiencies is examined in reference to the three parenting skills—nurturing, teaching and co-parenting, as well as the ability of parents to support their children despite these challenges.
Ms. Joyce Goldman, MFT, Family and Dependency Court Mediator, Superior Court of California, County of Orange
Dr. Cindy Van Schooten, Director of Family Court Services, Superior Court of California, County of Tehama
Dr. David Weinstock, Psychologist, Forensic Counseling & Evaluations
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This workshop is designed for court-connected child custody mediators/recommending counselors and is to be a discussion between professionals about the work we do as mediators and our mandate as defined by Family Code 3180(b). Our discussion will be guided by the questions we as mediators are facing in light of the changes in our work environment. What do my best efforts look like today? How do I meet the needs of the Court and our mandate as mediators with less and less time to work with families?
Ms. Patricia Foster (Ret.), Family Court Services Director, Superior Court of California, County of Tulare; Volunteer, AOC, Center for Families, Children & the Courts
Ms. Stephanie Shadowens, MFT, Supervising Family Court Services Specialist, Superior Court of California, County of Los Angeles
How does parent sexual orientation affect child development and family lives? What changes may result from recent Supreme Court decisions on DOMA and Proposition 8? Drawing from thirty years of research on LGBT families, the panel will discuss common questions emerging from family and juvenile cases, addressing classic questions of parenting and child well-being in the context of community, cultural, and policy issues relevant to sexual orientation and family lives.
Dr. Charlotte J. Patterson, Professor of Psychology, University of Virginia
Dr. Charlene Depner, Assistant Director, AOC, Center for Families, Children & the Courts
Ms. Nancy Taylor, Manager, AOC, Center for Families, Children & the Courts
Ms. Carrie Zoller, Supervising Attorney, AOC, Center for Families, Children & the Courts
This session takes the next step from Trafficking 101 and will provide resources for judges, social workers, community advocates, treatment providers, and attorneys to identify and help victims of sex trafficking in California. A brief introduction to the topic and the panel will be provided, and panelists will discuss their work with victims of sex trafficking and how stakeholders can identify and assist trafficking victims in their capacity. Although several types of trafficking occur in California, this panel will focus on sex trafficking.
Hon. Leland Yee, Ph.D., District 8, California State Senate
Hon. Catherine Pratt, Commissioner, Superior Court of California, County of Los Angeles
Ms. Betty Ann Boeving, Community Advocate and Founder, Bay Area Anti-Trafficking Coalition
Ms. Denicia Cormier, Social Worker, Chair and Founder of San Mateo County Children and Family Services CSEC Task Force
Ms. Carissa Phelps, Chief Executive Officer, Runaway Girl, FPC
Dr. Amy Bacharach, Senior Research Analyst, AOC, Center for Families, Children & the Courts (Moderator)
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Current Youth Court program directors will provide participants information on the variety of start-up and implementation methods for one of the fastest growing alternatives to the traditional juvenile justice system. The session will provide an overview from each director’s youth court and allow ample opportunity for Q&A and group discussion.
Ms. Jo Ann Allen, Director, Santa Cruz County Teen Peer Court
Ms. Karen Green, Coordinator, Placer County Peer Court
Ms. Sacha Marini, Director, Humboldt Youth Court - Boys & Girls Club of the Redwoods
Mr. Mark Reddick, Riverside Youth Court Coordinator; Police Officer, Riverside
Ms. Toni Stone, Executive Director, East Palo Alto Youth Court
This workshop will review how the computer program that helps litigants and volunteers was developed and is operated, will discuss the applicability of the lessons to other legal issues and other jurisdictions, and will give examples of how other organizations across the country are using similar tools to meet the growing demand for legal assistance. Please see the article that we just published in the June issue of the Clearinghouse Review about Bet Tzedek’s Conservatorship Clinic: https://www.courts.ca.gov/documents/LA-SelfHelpConservatorshipClinic-Media_ikc.pdf
Mr. Philip Bertenthal, Directing Attorney, California Rural Legal Assistance – Santa Maria
Ms. Bonnie Rose Hough, Managing Attorney, AOC, Center for Families, Children & the Courts
Mr. Josh Passman, Staff Attorney, Self-Help Clinic Coordinator, Bet Tzedek Legal Services
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Working through a series of juvenile and family court scenarios, participants will discuss ethical issues, unintended bias, and fairness. This course satisfies the 2-hour Qualifying Judicial Ethics elective requirement for judicial officers.
Hon. Leonard P. Edwards (Ret.), Judge, Superior Court of California, County of Santa Clara; Volunteer Mentor Judge, AOC, Center for Families, Children & the Courts
Hon. Shawna Schwarz, Judge, Superior Court of California, County of Santa Clara