Directive #05-26 - Family - Children In Court - Revised Youth Participation In Court Protocol - Supersedes Directive #15-18 and Supplement to Directive #15-18

This supersedes Directive #15-18 and Supplement to Directive #15-18, and promulgates the attached revised Children in Court - Youth Participation in Court Protocol (Protocol) as approved by Judicial Council. The Protocol, which has been in effect since 2015, implements 45 CFR 1355.20 and N.J.S.A. 30:4C-61.2 requiring youth to be noticed of their permanency hearings in Children in Court (CIC) matters. It provides youth with an opportunity to participate in their permanency hearings so that they can make a meaningful contribution to the proceedings that affect their lives. The Protocol addresses notice, preparing children for court, transportation, potential objections to a child's participation, logistics, and court orders.

In this promulgation, the Protocol has been revised to note that the court can send a letter to the school notifying them of the hearing date and indicating that the youth should be excused from school to attend the hearing. This is consistent with guidance to school districts from the New Jersey Department of Education (NJDOE) advising them to accommodate student participation in court hearings. In its guidance, the NJDOE encourages school districts to develop attendance policies that support student attendance at required or optional court appearances. The NJDOE also encourages school districts to exercise local discretion to create policies that ensure students are not penalized for court appearances. NJDOE also recommends that schools facilitate virtual participation of students for court appearances, where appropriate, by providing students with a private space to attend the hearing, along with a tablet or laptop if the student does not have one.

Current practices must be maintained so that the Law Guardians who represent the youth and/or the Division of Child Protection and Permanency (DCPP) ensure youth are transported to court for in-person appearances. Court staff should accurately document youth appearances on the audio record and on the appropriate permanency order (CN 10259, CN 10255, or CN 11399). If the youth do not appear for the hearing, the permanency order is to set forth the reason for the non-appearance. Providing youth the statutorily required opportunity to appear and participate in their court proceedings elevates their voice to assist in the decision-making to improve their outcomes.

Sections 1407, 1601.8, 1601.10, 1700, and 1702 of the Children in Court Operations Manual have been revised to conform to this directive and current practices.