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Asking the right questions in court: Judges use education checklist 
For every young person in foster care, there’s a judge asking questions on a regular basis about the child’s safety, plans for a permanent home, and personal well-being.
A new tool helps judges gauge—and promote—well-being through school stability and success.
“I believe strongly in education as a kid’s future,” says Judge Sue Cuneo of the Pima County Juvenile Court in Tucson, Arizona.
Judge Cuneo’s jurisdiction was one of seven Model Courts in the nation that field-tested a checklist of questions before it was published last spring by the National Council of Juvenile and Family Court Judges.
The tool is called Asking the Right Questions: A Judicial Checklist to Ensure That the Educational Needs of Children and Youth in Foster Care Are Being Addressed.
The Checklist asks detailed questions and follow-ups in six areas:
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general education information |
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tracking education information |
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changes in foster care placements and schools |
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health factors affecting education |
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extracurricular activities and talents |
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transition plans for life after foster care |
“I keep a copy on my bench,” Judge Cuneo says, “to remind myself of the questions I want to ask” attorneys, caseworkers, foster parents, and CASA and Guardian ad Litem volunteers. “The best use is when the kids themselves come into court and I ask them.”
The collaboration behind the Checklist
“Well-being hasn’t gotten as much attention” as safety and permanency, says Mary Mentaberry, the executive director of the National Council of Juvenile and Family Court Judges—a membership organization dedicated to improving judicial practice.
“The Checklist is an opportunity to get at information judges need to make good decisions,” Mentaberry says.
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Judge Sue Cuneo
Pima County (Arizona)
Juvenile Court
"At a minimum, [youth in care] need a high school education and some goal or dream. The more we can do for kids to improve their ability to snatch that dream, the better off society will be down the road." |
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A draft Checklist was first developed by TeamChild, a non-profit legal services organization, in collaboration with Casey Family Programs for use in Washington state. Because rules and practices vary, the National Council conducted surveys, focus groups, and field tests to ensure the Checklist is applicable and useful for courts around the country. Casey Family Programs funded both phases of the tool’s development.
The National Council has disseminated the Checklist and accompanying technical assistance brief to all its members. The materials are also available free of charge on its Web site.
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