March 2013, American Bar Association Center on Children and the Law.
The American Bar Association and the National Council of Juvenile and Family Court Judges, along with many other national and state child welfare policy and practice organizations have formally adopted resolutions that support young people’s active engagement in permanency planning and other required court hearings in abuse, neglect, and dependency court hearings. More than 25 states have passed legislation or court rules that explicitly give young people the right to attend their permanency hearings.
Summary of Chart From American Bar Association Center on Children and the Law, Bar-Youth Empowerment Project.
Right to attend Permanency Hearings
|
STATE
|
CHILD CONSIDERED A PARTY?
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CHILD ENTITLED TO NOTICE OF PROCEEDINGS?
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CHILD HAS A RIGHT TO BE PRESENT DURING PROCEEDINGS?
|
|
Alabama
|
Yes
|
Yes, age 12 and older
|
Yes, unless the judge orders otherwise.
|
|
Alaska
|
Yes
|
Yes
|
Yes
|
|
Arizona
|
Yes
|
No (Notice to the child’s GAL is required.)
|
No (Only through the child’s representative.)
|
|
Arkansas
|
Unclear
|
Yes, age 10 and older
|
Yes (Required to be present unless excused for good cause.)
|
|
California
|
Yes
|
Yes, age 10 and older or if older than 8 if the notice is under certain provisions.
|
Yes
|
|
Colorado
|
No (Only the guardian ad litem.)
|
Yes
|
No
|
|
Connecticut
|
Yes
|
Yes
|
No (The court may allow the child to present.)
|
|
Delaware
|
No (The GAL is a party but not the child.)
|
No
|
No
|
|
D.C.
|
Yes
|
Yes
|
No
|
|
Florida
|
Yes
|
Yes
|
Yes
|
|
Georgia
|
Yes
|
Yes, age 14 and older
|
Unclear (It appears that the child has a right to be present but the court may temporarily exclude him.
|
|
Hawaii
|
Yes
|
Unclear
|
Yes
|
|
Idaho
|
No (The GAL is a party but not the child.)
|
Yes, age 18 and older
|
Yes, age 18 and older
|
|
Illinois
|
Yes
|
Yes
|
Yes
|
|
Indiana
|
Yes
|
Yes
|
Unclear
|
|
Iowa
|
Yes
|
Yes
|
Yes
|
|
Kansas
|
No
|
Yes (Serving the guardian ad litem.)
|
Yes
|
|
Kentucky
|
Yes
|
Yes
|
Yes
|
|
Louisiana
|
No
|
Yes
|
Yes
|
|
Maine
|
No
|
Yes (to the guardian ad litem for the child)
|
Court may interview a child witness in chambers and may admit and consider oral or written statements o out of court statements.
|
|
Maryland
|
Yes
|
Unknown
|
Yes
|
|
Massachusetts
|
Yes
|
Notice only goes to child’s attorney.
|
Not explicitly.
|
|
Michigan
|
Unknown
|
Yes, age 11 and older
|
Not explicitly.
|
|
Minnesota
|
Not a party, but considered a participant.
|
Yes
|
Yes
|
|
Mississippi
|
Unclear
|
Yes
|
Yes (if child’s counsel consents.)
|
|
Missouri
|
Yes
|
Yes
|
Yes
|
|
Montana
|
Yes
|
Notice is required for foster care reviews.
|
Yes
|
|
Nebraska
|
Yes
|
Yes, age 14 and older
|
Yes, age 14 and older
|
|
Nevada
|
No
|
No
|
No
|
|
New Hampshire
|
Yes
|
Only if the child is going to attend
|
Yes, at the court’s discretion
|
|
New Jersey
|
Yes
|
Yes
|
Yes
|
|
New Mexico
|
Yes
|
Yes, through the guardian ad litem
|
Not explicitly, but by implication
|
|
New York
|
Yes
|
No (only to the law guardian)
|
Yes
|
|
North Carolina
|
Yes
|
Yes, age 12 and older
|
Unclear for permanency hearings. Yes, if 12 and older or post termination of parental rights reviews.
|
|
North Dakota
|
Yes
|
Yes, age 14 and older
|
Yes
|
|
Ohio
|
Yes
|
No (GAL gets notice)
|
Yes, but may be excused
|
|
Oklahoma
|
Yes
|
Yes
|
Yes
|
|
Oregon
|
Yes
|
Yes
|
Yes
|
|
Pennsylvania
|
Yes
|
Yes, for shelter care
|
Yes
|
|
Rhode Island
|
Yes, inferred
|
Yes
|
Yes
|
|
South Carolina
|
Yes
|
Yes
|
No and court can waive at any time
|
|
South Dakota
|
Yes
|
No, but notice to child’s attorney and GAL
|
No
|
|
Tennessee
|
Yes
|
Yes
|
Yes
|
|
Texas
|
No
|
No, but provided to GAL
|
Yes
|
|
Utah
|
Not explicitly
|
Yes
|
Yes
|
|
Vermont
|
Yes
|
Yes
|
Not explicitly
|
|
Virginia
|
Yes
|
Yes, age 12 and older
|
Yes, age 12 and older
|
|
Washington
|
No
|
Yes, age 12 and older
|
No, but court can order
|
|
West Virginia
|
Yes
|
Yes
|
Yes
|
|
Wisconsin
|
Yes
|
Yes, age 12 and older
|
Yes
|
|
Wyoming
|
Yes
|
Yes, age 14 and older
|
Yes, court may order otherwise
|
|
Total
|
Child considered a party in 37 states and D.C.
|
Child given notice in 38 states and D.C.
|
Child has right to be present at proceedings in 34 states
|
About This NCSL Project
The Denver-based child welfare project staff focuses on state policy, tracking legislation and providing research and policy analysis, consultation, and technical assistance specifically geared to the legislative audience. Denver staff can be reached at (303) 364-7700 or childwelfare@ncsl.org.
NCSL staff in Washington, D.C. track and analyze federal legislation and policy and represent state legislatures on child welfare issues before Congress and the Administration. Staff in D.C. can be reached at (202) 624-5400 or cyf-info@ncsl.org.