Finding Voice in Legal Settings for Young Adults in Foster Care: The Roles for Social Workers, Attorneys, and Other Professionals

Purpose: This study describes how foster youth and court personnel experience ongoing judicial oversight of the cases of young adults in care. Since 1980, federal law has mandated that juvenile courts supervise dependency cases, and under the Fostering Connections Act, this supervision is extended in states that maintain cases beyond 18. Only a few states heretofore have extended care, and the lessons from one of these jurisdictions may inform the efforts of other states seeking to extend care.

Method: Foster youth and court personnel were interviewed across a state that has had a policy of extending care beyond age 18. Four focus groups of foster youth ages 17-20 representing each of the state's primary administrative regions were conducted. Thirty youth participated in all, most of whom (18) were youth of color. In addition, 37 in-depth semi-structured interviews of court personnel (including judges, guardians ad litem, and Court Appointed Special Advocates) were conducted in six counties selected to capture the diversity (in region, urbanicity, and demographics) of the state. All group and court interviews were recorded, transcribed, coded, and analyzed using the qualitative analysis software ATLAS.ti.

Results: Analyses of youths yielded descriptive information about how youth perceived court activity, how they viewed their attorneys, and the degree to which they believed that their voice found expression in legal hearings. Court personnel addressed the bounds of their supervisory role, their relationships with youth, their expectations of participation, and what characterized cases that endured beyond age 18. Perceptions of legal proceedings between court personnel and youth were in considerable conflict, with young people viewing court involvement as generally meaningless, bothersome, and often demeaning. Court professionals, on the other hand, emphasized the importance of their oversight role and, for some jurisdictions, their emphasis on ensuring youth attendance and their active participation at hearings.

Conclusions and Implications: This study provides important information regarding the legal context under which the Fostering Connections Act is being implemented. The act encourages extending care beyond age 18 and, as in the case for younger foster children, requires ongoing court involvement. This study's findings indicate that the current model of court oversight may be inapt for foster youth who are legal adults. Without providing a forum for a meaningful expression of youths' voices regarding their care and preparation for adulthood, courts may contribute to premature exit from care for youth frustrated by an unresponsive legal process. The findings also cast some doubt on the viability of extant efforts in the legal community to expand legal representation, suggesting instead a greater role for social workers to advocate for these youths and encourage them to speak up for themselves to obtain services.