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Courts

This section includes resources and information about the role of the courts in the child welfare system.

  • Overview
  • Court processes
  • Attorney roles
  • Confidentiality in court proceedings
  • Special issues for courts
  • Court improvement/court reform
  • Court-child welfare agency collaboration

Children & Families
National Center for State Courts
Describes initiatives involving children, families, and courts, including the Family Justice Initiative, dependency courts, summits on the protection of children, the American Judges Association, and others.

Dependency 
California Courts
Offers training, publications, and resources on dependency courts in California. The information presented is for parents, children, caregivers, attorneys, court staff, and other professionals.

Dependency Benchbook
Florida Courts (2018)
Provides information regarding legal and non-legal considerations in dependency cases. Contains promising and science informed practices, as well as a legal resource guide.

Dependency Court Guides and Tools
Florida's Center for Child Welfare
Lists resources for child welfare professionals, families, and caregivers relating to navigating dependency court, trauma and child development, engaging parents in court hearings, trauma-informed judges, and more.

Engaging Parents in Child Abuse and Neglect Hearings: Lessons Learned From Judicial Leaders (PDF - 10,936 KB)
Gatowski & Gueller (2019)
National Council of Juvenile and Family Court Judges
Offers lessons learned and engagement strategies for working with parents presented by judges who lead court improvement initiatives. The resource is meant as a guide for other judges on how to effectively engage parents in the hearing process.

Representation of Children in Child Abuse and Neglect Proceedings

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 383KB)
Year Published
2021
Examines State laws that specify when a state court must provide legal representation for a child involved in child abuse and neglect proceedings and whether that representative must be an attorney, guardian ad litem, or a court-appointed special advocate. The qualifications, training, specific duties, and compensation of the representative also are addressed. Summaries of laws for all States and U.S. territories are included.

Toolkit for Judges and Attorneys
Michigan Courts
Presents a child welfare services toolkit for judges, attorneys, and child welfare professionals on court issues. The resources cover topics such as protective custody, different types of hearings, the role of the courts with youth in foster care, child protection, and more. 

Tribal Court Clearinghouse 
Tribal Law and Policy Institute
Provides extensive information and resources about Tribal law/codes, Tribal courts, and other related issues within Tribal justice and child welfare.

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Spotlight On

Capacity Building Center for Courts

Child Welfare Capacity Building Collaborative

Spotlight On the Role of the Legal and Judicial Community in Improving Outcomes for Children and Families

U.S. Department of Health & Human Services, Administration for Children and Families, Children's Bureau (2019)
Children's Bureau Express, 19(10)

Legal Representation in Child Welfare Proceedings (PDF - 262 KB)

ABA Center on Children and the Law

Quality Legal Representation 

Casey Family Programs (2019)

Understanding Child Welfare and the Courts
Child Welfare Information Gateway
(2022)

Related Content

Laws & Policies

Court Improvement/Court Reform

Indian Child Welfare Act (ICWA)

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