School: University of Virginia School of Law

This summer, my work has focused primarily on implementing a special jurisdiction deprivation court for children aged zero to three. Each year approximately 39,000 infants are placed in the custody of child welfare authorities because of abuse or neglect. Studies have shown that abuse and neglect at such a young age can cause serious, long-term psychological damage. One promising response to this problem is the special jurisdiction deprivation court created under the Miami Safe Start Initiative. This court utilizes a dual approach model that provides intensive therapy to parents and children and appoints specialized court personnel to closely monitor their cases. The result is rapid permanent placement and therefore healthy children and families.

To accomplish such positive outcomes locally, Judge Peggy Walker of the Douglas County Juvenile Court will partner with the Child Placement Project of the Georgia Administrative Office of the Courts to launch a 0 to 3 court in Douglas County. In my work to assist in the implementation of this special deprivation court, I spent the first part of the summer observing deprivation cases involving infants and toddlers. I attempted to determine the obstacles to and delays in permanently placing the infant. One intrinsic barrier to rapid permanent placement is the due protection of parental rights. Appropriately, parents are given time to prove to the state that they are fit. However, nowhere is the passage of time more apparent than in the case of an infant. Each time the infant enters the courtroom, drastic changes have occurred. The infant may be holding up his head, making sounds, recognizing faces. It is obvious to even the casual observer how much has changed, and how much both parent and infant are missing out on crucial opportunities for bonding. Studies show that the development of a secure, attached bond is a key predictor for the future emotional and mental health of infants.

Making the most of this early time, when infants have been taken away from their parents, requires the coordination of several community services. Often the parents of at-risk infants and toddlers have special needs themselves. Many are young, may have substance abuse problems, and are generally poor. Community organizations are needed to provide parenting classes, substance abuse assessments, substance abuse treatment, transportation, psychological assessments, counseling, and much more. These services need to be provided at a price the state can absorb, since many parents will be uninsured and will not have sufficient means to pay out of pocket.

Effectively dealing with the problem of maltreated infants and toddlers also requires special attention by the court. In order to ensure that progress occurs as rapidly as possible, the court must closely monitor any case involving a child aged zero to three. A special jurisdiction deprivation court staffed with court personnel knowledgeable in issues of early childhood development will have the resources and attention necessary to ensure that permanent placement occurs as quickly as possible. Court personnel may also ensure that the time the infant is in the custody of the Department of Children and Family Services is spent productively so that the infant is protected from further harm.

Infants and young children are among the nation's most vulnerable populations. The state is obligated to ensure that these children are protected from abuse and neglect. In order to accomplish this goal, the state must protect against a neglect of a different sort: neglect by the courts in ensuring that children are permanently placed as quickly as possible without violating the rights of the parents to prove that they are fit and appropriate. A special jurisdiction deprivation court is a critical tool in eliminating the devastating effects of maltreatment of infants and toddlers.