Vol. 7, No. 1• November 2002
A Foster Parent Asks . . .
Do you have information on foster parents testifying in court? We are trying to prepare sample letters that foster parents can write to the judge. Any information you have would be appreciated.
Response by Sheryl Ewing, NC Foster Parent Association President
Judges have tremendous influence over children in the child welfare system. They have the authority to place a child in foster care, and it ultimately falls to them to decide whether it is safe for a child to return home. Therefore, it is natural for foster parents to want to share their perspective with the judges making decisions about their foster children. A written report or letter can be a good way to do this.
As foster parents, my husband and I wrote a letter to a judge regarding our foster children. It caught people involved in the case off guard because they weren’t used to foster parents taking this kind of action. Still, this letter was accepted into court, even though the parent's attorney tried to have it thrown out.
Not all foster parent letters are so lucky. One way to increase the chances your letter will be accepted and considered by a court is to ask your child’s Guardian ad Litem (GAL) to present it for you. As appointed advocates for children, GALs have special status in the courtroom, and the judge pays special attention to what they say. If the GAL likes your report, she or he can get it into court when no one else can.
As far as the format for a letter of this kind, I suggest the following formula, which is the same used by many GALs:
- Introductory information
- History
- Facts
- Description of needs and wishes of the child
- Description of the resources available within the family to meet the child's needs
- Description of the resources available within the community to meet the child's needs
- Issues for the court's attention to protect and promote the best interest of the child
- Recommendations for promoting the child’s best interests
- Signature and date
When writing this kind of letter, stick to the facts. If you make any assumptions or become subjective, relate your thoughts back to facts you have already mentioned. Sometimes written reports may actually be preferred over verbal testimony, which can be filled with emotion (something judges cannot consider in making their decisions) and take up valuable court time.
When it comes to actually testifying in court, foster parents do not have any special right to be heard. As a child's foster parent, you certainly have a right to attend court reviews, but it is the judge's decision whether you may testify as a part of the court hearing. You should receive regular notices and invitations to agency review team meetings and court hearings for your foster child. Contact your licensing social worker, the child's social worker, or the child's social worker's supervisor if you are not receiving these notices in a timely way.
In North Carolina foster parents don’t usually appear in court, but it doesn’t have to be this way. In fact, in a past issue of Fostering Perspectives (vol. 5, no. 1), District Court Judge Gary Cash encouraged foster parents to come to court. He made no promises, however, noting that whether they would be able to testify depends upon whether they are called as witnesses.
If you have a question about foster care in North Carolina, please write, e-mail, or fax your question to us using the contact information found on the "About FP" page on this web site. We’ll do our best to respond to your question either in a direct reply or in a future issue of this newsletter.
Copyright � 2002 Jordan Institute for Families
