The Story of George Trevino: A Lesson that the Holistic Approach Employed by Family Courts Requires a Concerted Effort by All

           

           This semester I have graciously served as a Student Fellow for the Sayra and Neil Meyerhoff Center For Children, Families, and the Courts. Throughout my involvement with this program, I have had the pleasure of interacting with enthusiastic Baltimore City students, classmates that share a similar passion for family and the law, and multiple professors and professionals that challenge each of us to think independently and reach reasonable, well-grounded solutions. Though my experiences with this program have been exceptional, I find that the common perception regarding family law, for the most part, holds true: individuals that practice this area of law must be inherently stoic, for the challenges presented are mentally taxing. Few things, if any, have moved me like the story of George Trevino.[1]

George Trevino was presumably born to a family less fortunate, living in a van with his mother and two siblings until age six. At this time, George entered the child welfare system as a neglected child, resulting in separation from each family member. Despite the fact that George bounced from home to home, enduring years of foster care drift, he eventually thrived when given the chance to remain in a placement for one full year. In what became an axiomatic failure by the welfare system, the State removed George from this stable environment and assumed that his best interests were suited elsewhere. He was subsequently placed with his uncle and aunt, one a drug dealer, the other a substance abuser. George regressed and exhibited traits he never had before. His plummeting grades and truant behavior culminated in street gang involvement and eventually criminal behavior. As a result, his welfare case was terminated, and he was moved to the delinquency court system.  

Not only does the story of George Trevino represent a failure by the welfare system, but it is also a failure by legal personnel involved in the process, as well. His Juvenile Court Judge was never apprised of the fact that he had been raised in foster care, and apparently no one, not even his lawyer, the social worker, or the case manager, acknowledged the fact that when George was provided with a positive environment, he thrived. Because his situation was handled in such a horrid manner, George Trevino was deprived the privilege of life. In fact, he expressed this helpless feeling in a poem he wrote while incarcerated, with a passage that read, “there’s no way out, my screams have no voice no matter how loud I shout.” George Trevino could have been you or I. The sad truth is that there are presumably hundreds of George Trevinos, each falling victim to challenging life circumstances. And yet, as gut wrenching as his story is, it can be used as a learning tool to foster the holistic approach to family law cases that should be employed by judges, lawyers, social workers, and other figures in the family court system.  

Throughout the course of this semester, we have explored concepts that include therapeutic jurisprudence and preventive law, among others. Both theories share a relationship essential to the holistic approach. The concept of preventive law ensures that client contact with the court system, if at all, is minimal. The concept of therapeutic jurisprudence expresses the belief that the law ought to affect individuals in a beneficial manner. Essentially, preventive law can be thought of as the task, while therapeutic jurisprudence is the guiding hand. Yet, despite the promulgation of such theories, family related matters appear before the court system at alarming rates. Data suggest that these matters comprise more than half of the complaints filed in state trial courts. And although this figure is astronomically high, indicating that these cases need proper attention, family disputes are still perceived as the “stepchildren” of the justice system. In order to ensure that the story of George Trevino becomes less common, this perception must change.

Key figures have taken important steps to minimize this perception through the establishment and implementation of the unified family court system. These courts feature several crucial qualities that include, but are not limited to, a user-friendly atmosphere, a vast array of services, and specialized case management. The mere existence of these court systems, standing alone, however, does not guarantee that they will be effective. Each participant and component within this system, ranging from judges to various medical personnel, must challenge each other and strive for great results. We live in a society premised on the concept of family, and with every positive intervention, a life could be improved. It is no stretch of the imagination to suggest that the story of George Trevino could have been different had his case been handled in a unified family court system rather than the fragmented court system he endured. Had key issues been raised to the judge or had the individuals assigned to George’s case displayed a higher degree of care, his outcome could have, and likely would have, been different. The case of George Trevino suggests that in order for the unified family court system to avoid similar outcomes and rid itself of its “stepchild” stigma, all personnel must exercise their best judgment through a thoughtful, concerted effort, leaving no detail, no matter how slim, unnoticed.    

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[1] Catherine J. Ross, The Failure of Fragmentation: The Promise of a System of Unified Family Courts, 52 Family Law Quarterly 3 (1998).

Family Courts and Assessments for American Family Improvements

There is a profound distaste for the harsh realities that have settled among a number of poor families, children, single parents, delinquent teens, gay and lesbian couples, and abused spouses. Tomorrow a child in Georgia will be placed in the state’s custody and a family in Chicago will be completely dismantled through a divorce settlement. People all over America are affected by the legal challenges that can arise out of family relations. In 2013 family and juvenile cases made up nearly 130,000 of the 271, 000 cases presented in Maryland’s state courts.[1] That is nearly half of the state court filings, and these numbers represent a similar pattern for state courts across the nation.

While we may have laws and policies to improve the issues, there is a lack of emphasis on providing a comfortable setting that encourages positivity and can essentially lead to a more acceptable outcome for the families and children involved. The court house, for many families confronting their legal issues, can be frightening and traumatic, and not everyone has the means to sufficiently cope with their problems. Thus, it is important for us to have standards for each individual with direct contact or influence on the family members involved in a legal proceeding.

In 1999 judges within Maryland’s Family Division began an effort to improve the court’s effectiveness and partnered with other legal professionals to establish a set of performance standards and measures for Maryland family courts.[2] This team also created a specific mission statement that established a foundation for some of the following goals and values:

·         Stabilizing families in transition

·         Promoting co-parenting relationships

·         Fostering parents as primary family decision-makers

·         Maximizing the use of alternative dispute resolution methods and programs

·         Providing safety and protection

·         Preserving family relationships where possible

·         Supporting linkages between resource needs and available resources on behalf of parents and their children

 

The performance standards and measures were established for those individuals servicing families within the court house and for others who have direct contact with the families regarding their case. These standards sought to improve the quality of service for these fragile families and in the end provide the highest quality of care.2 I agree with the implementation of these standards because I believe that families experiencing legal issues should be approached with consideration, compassion, and care. It may be difficult to completely overcome the “win or lose” effect of a court proceeding, but, with these standards, we can offer hope in an otherwise seemingly hopeless situation.

 

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[1] http://mdcourts.gov/publications/annualreport/reports/2013/fy2013statisticalabstract.pdf

 

[2] http://www.courts.state.md.us/family/publications/performancestandards.pdf

 

Field Trip to the Baltimore City Circuit Court Family Division

On September 17, 2014, the Center for Families, Children and the Courts (“CFCC”) Student Fellows visited the Family Division of the Circuit Court for Baltimore City located at 111 North Calvert Street in Baltimore.  We received a tour from T. Sue German, the Family Division Administrator. 

The tour was a great opportunity to see how the Unified Family Court system operates.  The Family Division strives to efficiently resolve matters involving families, such as, divorce, guardianship, child support, custody, and visitation matters.  Further we learned that approximately 88% of litigants appear pro se.

The Family Division tailors its approach to each individual family to address the family’s specific needs.  The Family Division has many resources for the variety of clients with which it deals.  For example, in the case of contested issues, the Family Division provides educational seminars such as COPE and SHAPE for parents and mediation if there are custody and visitation issues.  Also, at scheduling conferences, the Family Division refers clients to other resources to address their needs, such as referrals to substance abuse services, for custody evaluations, and for other social services. 

The tour revealed that the Family Division has faced budget cuts in recent years, however, which is surprising in light of the volume of cases that are dealt with in the Family Division.  On a given day, attorneys at the Family Division Pro Se Project assist approximately 35-40 litigants.  Further, cutting back on the resources available to the Family Division impedes its ability to effectively and efficiently deal with all the litigants’ issues it confronts.

The actual facility itself was very warm and inviting for the families and children who frequent it. The walls are adorned with art made by children in the community, and there is a staffed playroom for children while their parents attend to their various matters at the Family Division.  It was really wonderful to have the opportunity to tour.

The Therapeutic Side of Law

One of my apprehensions in committing to law school was the adversarial process and the impact on families and children in the judicial process.  The Sayra and Neil Meyerhoff Center for Families, Children and the Courts (CFCC) Student Fellows Program has been instrumental in reassuring me that my pursuit of a legal career was the right decision.  Throughout this semester, my colleagues and I have learned a different side of the law grounded in Therapeutic Jurisprudence (TJ) and the Ecology of Human Development.  TJ is a holistic approach that aims to address the legal and non-legal issues of clients while incorporating interdisciplinary methods to address the root issue(s) and providing the necessary resources to empower clients to regain ownership of their lives and problems.  The Ecology of Human Development looks at each litigant’s environment individually to customize a solution to fit their individual needs.  

These brand new concepts and programs were introduced to us through classroom discussions, guest speakers, and (my personal favorite) field trips to see these concepts in action!  From guest speakers and visits to the Unified Family Court to seminar topics dealing with Preventive Law, Court Reform in Family Law, Collaborative Law, the Juvenile Justice System, and Problem Solving Courts, the CFCC Student Fellows have been exposed to a hidden side of law that I suspect is concealed from even most practicing attorneys. 

This year also marks the fifteenth anniversary of the creation of Maryland’s Family Divisions.  While this major milestone deserves a celebration (stay tuned for a date), it is also a reason to pause, reflect, and assess the implementation of the mission and goals of the Family Division.  My CFCC project this semester was to assist in planning the fifteen year celebration, including analyzing survey results from Circuit Court Judges and Masters to learn about their attitudes and court practices with respect to addressing the needs of families and children in the family court.  The mission of the Family Division is to provide comprehensive services early on in the litigation process to improve the lives of families and children who appear before the court.  Preliminary survey results indicate that while judicial officers find it important to have and integrate interdisciplinary solutions, the implementation is lacking.  To see the concepts we’ve learned all semester being recognized and requested by the judiciary is encouraging.    

As we wrapped up this semester last Wednesday, I realized how influential this class has been to me.  This class has taught me to practice law more holistically, which not only will benefit clients but additionally will reassure me that I can make a substantial impact in the lives of my future clients.  I truly believe the experience and concepts of the CFCC Student Fellows Program should be integrated throughout the law school curriculum so that all future lawyers are trained to practice law more holistically.  Until then, I encourage my fellow students at UB Law to take advantage of this fantastic opportunity and enroll in the CFCC Student Fellows Program I to learn about the therapeutic side of law.    

Why the Unified Family Court System in Maryland is a Model for Success

Last Wednesday, the Student Fellows with the University of Baltimore Sayra and Neil Meyerhoff Center for Families, Children, and the Courts (“CFCC”) took a “field trip” to the Baltimore City Circuit Court Family Division.  The Division’s coordinator, T. Sue German gave the Student Fellows a tour of the center and explained the role the Division plays in Baltimore City.  

Justice reform in Maryland was formally launched in January of 1998 when the judges of the Court of Appeals of Maryland, headed by Chief Judge Robert M. Bell, signed Rule 16-204.  Babb, Barbara A., Maryland’s Family Divisions: Sensible Justice for Families and Children, 72 Md. L. Rev. 1124 (2013).  Thus far, the focus of much of our CFCC seminar has been on looking at law reform through different lenses.  For example, Therapeutic Jurisprudence and Preventive Law together work to create a justice system that focuses on preventing future conflicts and resolving disputes in a more “client-centered” way.

The tour was an opportunity for us as students to see how these theories play a role every day in Baltimore City’s Family Division.  While much was discussed during our visit, one fact that stood out was that from July 1, 2011 – June 30, 2012 (Fiscal Year 2012), in eighty-nine percent (89%) of the cases in the Division, at least one of the litigants appeared pro se.   Circuit Court for Baltimore City, Annual Report of the Family Division Fiscal Year 2012 (Oct. 15, 2012).  Although unsure, I can imagine this is the case in most courts, as clients with family law matters are not afforded the same right to counsel as those in criminal. 

The Division has established many resources for represented and unrepresented clients and has seen tremendous success from these efforts, making Baltimore City a model for an effective “Unified  Family Court” System.  However, budget cuts impair the ability of the Division to reach its full potential.  With family law disputes making up such a large percentage of the cases in the Circuit Court system, budget cuts relate to the lack of resources available these clients.  Even in Baltimore City, where the State’s highest court has endorsed and supported the Family Division, they still struggle with budget issues.  

I pose a few reflection questions for you to think about:

• If these efforts are proven to be successful, why are they then not being incorporated into more legal systems?
• If justice is the goal, then why do we as a society allow so many clients to be unrepresented in family law cases, thus hindering their ability to receive the justice they deserve?

While the simplest answer is of course budget cuts, there is a lot of support showing that these models help to decrease repetitive appearances by the same clients over and over and are both more efficient and effective.  

A Team Based Approach to Tackling Family Conflict

 

How The University of Baltimore’s Truancy Court Program Integrates Unified Family Court Principles Into Its Problem-Solving Team Strategy for Students and Families in Need 

This week marks the beginning of many of my classmates’ placements in CFCC’s Truancy Court Program (TCP). Unlike several of my colleagues, I’m new to the TCP this year and have not yet had the benefit of seeing this program in action. However, as I learn more about the TCP’s team-oriented design, I can’t help but notice how closely this parallels the style adopted by Unified Family Courts.

The TCP takes a holistic approach to family problem-solving, much like a Unified Family Court system. Like Unified Family Courts, the TCP focuses not only on the legal problems a family faces but also on the underlying causes of those problems. A TCP team consists of a qualified and dedicated group of individuals from varying backgrounds who work closely with the TCP families, helping them achieve ALL of their goals (not just the legal ones). A TCP team typically consists of:

• District or Circuit Court Judge or Master 
• Law Student 
• Social Worker 
• School Principal or Administrator 
• TCP Coordinator 
• TCP Mentor 
• Teacher 
• Family Members 

This list is by no means exhaustive. Similar to a Unified Family Court, the TCP team provides the individualized attention to connect families with necessary resources. This is in sharp contrast to traditional court settings, where underlying family problems are seldom addressed.

On a more personal level, I am, by no means, a stranger to many of the challenges that our local families face. Like many of the students who participate in the TCP, I was the child of a single mom, whose resources were stretched far beyond their limits. The reality of life for us was deciding which utility would be paid and which would be cut off, or how we would put food on the table each night. I truly empathize with the needs of many Baltimore families but also understand that a family’s needs today have become even more complex than those of my childhood. Reflecting back on my own experiences reminds me of the truly life-changing “network” of people that helped my family to become what it is today. The opportunity to share that experience with another family is rewarding, to say the least.

Today’s modern parent often has a lot to contend with: childcare, transportation, behavior issues, mental health, substance abuse, financial struggles, and homelessness, to name a few. The team-based method used in Unified Family Courts and in CFCC’s TCP is an efficient mechanism for addressing those interwoven issues. It’s this team-based holistic approach to the TCP that I am most excited about as we begin a new semester. We have the opportunity to be a part of something that can be a life-changing experience for students and their families and I’m thrilled to see what the semester brings.

How do you think a team-based approach to problem-solving may help or hinder our TCP families? I’d love to read what you think below.

Do Families Matter?: San Franciso’s “Dismantling” of the Family Courts

We at CFCC are shocked and disturbed to learn that the San Francisco Superior Courts are reduced to a shell of their current state as a result of major budget cuts. The system has laid off forty percent of its workers and plans to shut 25 courtrooms. According to a Courthouse News Service article, Presiding Judge Katherine Feinstein stated sadly: “We now know the trial courts are the lowest priority in Sacramento.” This is a devastating outcome for San Francisco’s children and families, who turn to the courts for help during difficult and critical times.

What will this mean for San Francisco families? An uncontested divorce, which normally is finalized in five months, may now take a year and a half. A more complex divorce may take years to wind its way through the court process. Child custody cases, which generally are settled in about six weeks, now can take more than six months to resolve. This delay leaves many vulnerable children and families in a state of crisis for unacceptable periods of time. Research has shown that the sooner a family achieves some sort of permanent and predictable outcome following family dissolution, the less likelihood there is for damage to the psychological well-being of family members, especially children.

The time crisis is not the only effect of these cuts. One court clerk has said there is no way the courts can expect to maintain their current level of customer service. This is especially serious for the rapidly increasing number of self-represented litigants, who often need some assistance to understand which court forms to complete and how to accomplish their goals. As a consequence of court clerk cutbacks, the self-represented may need to wait in very long lines with little chance of support from the clerks, thereby ensuring that a final resolution of family law issues will not be achieved for their families.

Even those families lucky enough to be able afford attorneys are likely to face mounting legal fees, as the time spent waiting at the courthouse during each step of the process is bound to increase, depleting even more of the family’s assets in the process. Instead, families who can afford it may turn to the private, for-profit dispute resolution industry to avoid the personal costs of the public system.

Although the family justice system is not as high profile as the criminal justice system, the family law docket is universally the largest docket that state courts face. If we continue to de-value it, the impact on the community, and especially its most vulnerable members, is going to be dramatic. We understand that it is difficult to make tough funding decisions in an economic crisis. Nonetheless, we urge policymakers around the country to seriously consider the justice system’s effect on families, children, and communities before making sweeping, and often devastating, cuts to the family justice system.

Join us to celebrate CFCC’s 10th anniversary!

We at CFCC cannot believe that it has been ten years since CFCC’s launching, thereby implementing our vision to create a center to identify opportunities for family justice system reform. Beginning our work with a staff of three, we currently have a staff of eleven, including two senior fellows, six Truancy Court Program consultants, and more. Over the last ten years, we have been involved in a number of programs and reform initiatives, including:

• Planning and implementing statewide and national conferences on a wide range of issues and programs, including unified family courts, substance abuse and addiction, truancy, the child welfare system, and the practice of family law;
• Designing and operating the Truancy Court Program, which has served about 900 students in 28 schools over six years;
• Creating and teaching the CFCC Student Fellows Program, an experiential course for 2nd and 3rd year law students focused on cutting edge issues in family justice reform and therapeutic jurisprudence;
• Developing a comprehensive public outreach campaign that features media appearances and placements; publication of a national newsletter; creation of two e-newsletters, two DVDs, a website, and this blog; and production of nearly thirty reports, evaluations, and articles;
• Conducting over 29 trainings and workshops in a variety of areas related to court reform, truancy, substance abuse, and more;
• Consulting and technical assistance focused on the implementation and evaluation of family justice system reform in 10 states, the District of Columbia, and Canada.

On Thursday, March 3, CFCC will celebrate our tenth anniversary with a two-part special event at the UB Law School. Beginning at noon in the Moot Court Room, the law school with feature a joint “Lunchtime Law” lecture, “Therapeutic Jurisprudence: A Family-Friendly Approach,” by two of our most valued colleagues and leaders in the therapeutic jurisprudence movement, Judge Peggy Hora and Professor David Wexler. There also will be an evening celebration in the Moot Court Room from 5:30 p.m. to 6:30 p.m. with distinguished speakers, followed by drinks and hors d’oeuvres in the law school lobby from 6:30 p.m. until 8 p.m..

Both events are free and open to the public, but we do request an RSVP for the evening portion. You can read more about the programs and RSVP for the evening festivities here.

Families Matter: Reforming the Family Law Process

It is hard to believe it already has been almost six months since CFCC and the ABA Section of Family Law co-sponsored the Families Matter Symposium. We at CFCC are excited about the work that has been done since the symposium to expand the Families Matter initiative. Because of the partnerships that this initiative created – among CFCC, the ABA, the Association of Family and Conciliation Courts (AFCC), and the National Council of Juvenile and Family Court Judges (NCJFCJ), to name a few – we are able to tackle the issue of family law reform from every angle, something that has been a struggle in the past.

In the coming months and years, we will work together with our partners to ensure that therapeutic reform touches legal and court structures, relevant service providers from across disciplines, and the lawyers and other legal actors who work so closely with families. It is our hope that family law horror stories – from cutthroat attorneys who seemingly care nothing for the havoc wreaked on their clients’ lives to disjointed, overtaxed systems that extend the time, agony, and unpredictability of already explosive situations – will dwindle and eventually become a thing of the past as this comprehensive, nationwide effort takes its hold.

CFCC currently is involved in many projects relating to the Families Matter initiative:

• In the coming months, CFCC plans to publish and share a final report from the Families Matter Symposium – complete with insights into the problems underlying family justice system dysfunction across the country, proposed solutions, and concrete action steps that interested parties can take to help ensure that the reform vision becomes a reality.
• In a similar vein, CFCC has devoted an entire issue (forthcoming in January) of its Unified Family Court Connection newsletter to the Families Matter Symposium, with select symposium participants writing in-depth about their involvement in and reflections about the symposium.
• CFCC will support the ABA Families Matter Committee in preparing a presentation for all state bar presidents on the goals of Families Matter and the steps they can take to support the initiative and be catalysts for change at the local level.
• CFCC will work with the ABA Section of Family Law to plan and prepare for its national Continuing Legal Education (CLE) conference in Amelia Island in April, 2011, which will approach each of its topics from the Families Matter perspective, training attorneys on how each aspect of family law practice can be handled in a manner that supports the resilience and well-being of families.
• CFCC will chair a working group with members from the ABA, AFCC, and NCJFCJ to generate and compile “best practices” in family law.
• CFCC is working with the ABA to explore funding streams for the creation of a national clearinghouse for family justice reform information.
• CFCC and the ABA will spearhead a national public awareness and education campaign centered on the need for and types of family justice system reform.

We at CFCC are always looking for new ways to support meaningful family justice system reform at the local, state, and national levels, and we encourage all of our readers to join us in this process. What changes would you like to see in the family justice system?

The Families Matter Symposium: Working Toward a More Therapeutic Family Justice System

The invitation-only “Families Matter” Symposium was held last Thursday and Friday, June 24 and 25, at the University of Baltimore.  Co-sponsored by CFCC and the American Bar Association Section of Family Law, the symposium promises to be a powerful catalyst for change.  It was exhiliarating to participate in the exchange of groundbreaking ideas that emerge when you put together some of the leading professionals from a range disciplines to discuss how to improve the experience of children and families in the family justice system.  More exciting, however, is the fact that this group of high-powered experts is committed to move from theory to action by implementing many of their recommendations for changing the family law system.

Maryland’s Chief Judge Robert Bell’s inspiring keynote reminded participants to keep those families who are less fortunate in mind while developing a roadmap for the future, and Georgia’s retired Chief Justice Leah Ward Sears, in her heartfelt concluding address, urged us to focus on the preservation of stable families when possible, even while considering the divorce process.

A small group led by CFCC Senior Fellow Gloria Danziger
discusses the availability and use of services for family
court litigants. (Photo by Chris Hart)

In between these powerful speeches, participants worked in small, interdisciplinary groups, identifying some of the most urgent problems facing the family justice system, analyzing solutions to those problems, and creating action steps for implementation.  In each small group there were some of the country’s top family lawyers, judges, mental health professionals, accountants, academics, and  domestic violence experts, each offering his/her perspective on how the current family justice system hurts children and families and what each discipline can offer to alleviate the harm.   After each small-group session, participants gathered in a plenary to  report on progress and to bounce ideas off of the larger collection of over 60 participants. 

At the end of the two days, not only did we have a rich, multidisciplinary understanding of the effects of the current system on children and families, but we also had practical action plans covering the gamut of relevant issues, from family resources to an overtaxed judicial system and many more. 

We at CFCC look forward to working with the ABA, all of the symposium’s sponsors and participants, and the wider community to implement these action plans.  The symposium has set in motion a movement toward real change, based on a holistic and therapeutic approach to family law.  Although the Families Matter Symposium accomplished so much in such a short period of time, the real work lies ahead of us.  The Families Matter initiative – a multiyear project – is just beginning.   I encourage you to become involved as we move forward.  Check back often and please check the links on CFCC’s website for recordings of both keynotes and pictures from the event.  CFCC and the ABA Section of Family Law hope to publish the proceedings shortly.   We also encourage you to join in this critical discussion on this blog and in your communities.

CFCC to Testify on Compulsory Attendance and Corporal Punishment Bills

The legislative session is in full swing, and the CFCC is weighing in on two bills.

SB239/HB723 would raise the age of compulsory attendance in Maryland schools from 16 to 18. In an era when education is increasingly important to prepare children for their futures, this measure sends the right message, and is the right complement to our anti-truancy efforts.

CFCC also has submitted testimony on SB689, a bill that extends prohibitions on corporal punishment. We stand with an array of other groups committed to preventing violence against children.

Welcome

Welcome to the University of Baltimore Center for Families, Children and the Courts blog! We are excited to introduce this forum for the exchange of ideas, discussion, and news about CFCC.

Check back often for up-to-date information regarding CFCC’s activities, including Unified Family Courts (UFCs), the Truancy Court Program , the Urban Child Symposium and other conferences and symposia.

We also plan to use this blog to foster discussion related to CFCC’s mission and projects, including the application of therapeutic jurisprudence and the the ecology of human development to improve outcomes for families and children in court.  We hope to engage and interact with our readers.  Together, we can create a deeper understanding of systemic influences on the lives of families and children and can bring about meaningful change in communities, families, and the family justice system.