Operating Dependency Courts in Disasters: Lessons from Hurricanes Katrina and Rita

Purpose: This study explored the experiences of dependency courts operating in the months after Hurricanes Katrina and Rita, during which almost 2,000 of the 5,000 children in foster care in Louisiana were displaced. In examining relevant law and policy at a national and state level, the study sought to draw lessons for other dependency courts seeking to fulfill essential functions during times of emergency or disaster. While calamity on the scale of these hurricanes is rare, courts must often operate in times of crisis; in 2005, 29 states and Puerto Rico experienced 48 federally-declared disasters (GAO, 2006). Coordination is an especially important issue for dependency courts and social workers because a disaster can result in families in crisis being further fragmented and separated.

Method: This study had two components. One component involved close examination of federal and state laws, court rules, and local policies to explore their provisions—and their flexibility—relevant to operation in the time of disasters. The second component involved interviews of 20 Gulf-area professionals directly or indirectly involved in the cases of dependent children in the period following hurricanes Rita or Katrina. Researchers identified key court and agency personnel and used snowball sampling to identify other respondents. The in-depth semi-structured interviews of Gulf-area judges, court advocates, administrators, child welfare officials, and agency personnel were conducted in 2006, within a year of when the hurricanes struck. Videotaped interviews lasted between thirty to sixty minutes. The videotapes were analyzed to identify patterns and themes.

Results: The Gulf Coast hurricanes of 2005 brought into sharp relief the challenges faced by dependency courts operating in times of emergency. Interviewees identified five primary categories of difficulty: locating children, families, and other parties to the cases; infrastructure (such as finding sufficient space and staff to hold hearings); recordkeeping; determining legal jurisdiction; and barriers presented by confidentiality. Each category presented unique sets of challenges. Examination of federal and state law found few jurisdictions prepared to deal with major disasters. Furthermore, most states do not have provisions to obtain waivers of statutory mandates in times of crisis, and legislatures or executive officials may be unavailable or unable to convene to provide waivers.

Conclusions and Implications: The findings highlight the need for considerable planning by child welfare and court personnel so that child safety, permanency, and well being are not compromised unnecessarily in times of disaster. Katrina and Rita provide lessons to agencies and courts to develop redundant systems (to accommodate failure) and provide for considerable technological assistance with comprehensive electronic file storage, portable hard drives, cell and satellite phones, text-messaging, alternative e-mail accounts, and provisions allowing for parties to participate by phone. In ensuring that the key aspects of case processing can be maintained, courts must identify key components of due process and prepare so that they can be achieved even in worst-case scenarios. Such findings illustrate a role for social work researchers and practitioners in disaster preparation.