The Involvement of Older Adolescents and Young Adults in Court Processes Influencing Provision of Foster Care Services

Background: The California Fostering Connections to Success Act extends foster care to age 21 for eligible youth. California has the largest foster care population in the US and its approach to extending care is particularly inclusive, making it an important case study (Mosley & Courtney, 2012). However, California’s county-administrated child welfare system allows counties great leeway in implementing extended care. The courts are potentially key players in ensuring that youth can take advantage of extended foster care; indeed, prior research suggests that regional variation in youths’ remaining in care past age 18 may be influenced by court processes (Peters, 2012). However, little is known about youths’ interactions with the courts and court personnel. This study reports on youths’ involvement with the courts both prior to and after reaching the age of majority and the relationship between youths’ perceptions of and interactions with the court and their likelihood of remaining in care past 18.

Methods: Data come from interviews with youth involved in the California Youth Transitions to Adulthood Study (CalYOUTH), an evaluation of California’s extended foster care policy. Baseline interviews were conducted in 2013 with a stratified (by county size) statewide random sample of youth between 16.75 and 17.75 years old who had been in care for at least six months (n = 727; 95% response rate). 611 youth (84% of the baseline sample) completed follow-up interviews in 2015. Youths’ involvement with the courts was analyzed using descriptive statistics. Measures of youths’ level of involvement with the courts and perceptions of being included in court decision-making were included in multivariate logit models predicting whether youth remained in care at age 19.

Results: The youths reported extensive involvement with the juvenile court prior to their baseline interview and were generally satisfied with their involvement: 88.3% had attended court proceedings, nearly three-quarters (73.2%) felt included in courtroom discussions “a lot” or “some,” and four-fifths (81.7%) reported being “very well” or “fairly well” represented by their attorney. The young adults still in care at age 19 (n = 478; 78% of the 19 year olds in the study) were less likely to be involved in court proceedings than they had been as minors (p<.05), but were generally satisfied with the process: only 57.0% had attended a court hearing as a young adult, over four-fifths (85.2%) of those felt included in courtroom discussions “a lot” or “some,” and over four-fifths (86.9%) reported being “very well” or “fairly well” represented by their attorney. However, none of the measures of court involvement predicted youth remaining in care to age 19 in the multivariate logit models.

Implications: Study findings suggest that it is reasonable to expect child welfare agencies and juvenile courts to meaningfully involve older adolescents in the court hearings intended to help supervise their care. It is less clear that youths’ involvement in court proceedings influences whether they remain in care into adulthood. Future research should explore the reasons for youths’ less active involvement with the court after they reach the age of majority.