jenniemac
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Reged: 06/02/05
Posts: 135
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Write Leg. about lack of family court accountabili
08/26/05 06:19 PM
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Now is the time state legislators start working with constituents and interested parties on bills to propose in the upcoming legislative session. Consider writing a letter to your state and national legislators if you are concerned about accountability in the family court processes in your state. Here is a letter I sent to Colorado legislators who sponsored HB05-1171 and 1172 in the o5 legislative session. Use any of this information that you agree with.
Dear :
Public policy and legislation are an expression of our values. The language in HB05-1171 and HB05-1172 fails to protect troubled families (children and parents) involved in family courts. Please consider legislation that will address recommendation 69 B and F of the Final Report of the Commission on Families in the Colorado Courts. http://www.courts.state.co.us/supct/committees/commfamiliesdocs/famreport.pdf (pages 32-33)
Recommendations 69 B and F appear to have been overlooked in HB05-1171 and HB05-1172.
69 B. Develop a system that allows for removal of individuals who are not competent in the functions of the position or role to which they have been appointed. The committee should develop an appropriate process for identifying individuals who are not performing competently
and steps for corrective action and/or removal of those individuals. These processes should specify the regulatory entities and/or court to be involved.
69 F. For both D. and E. above, assure that the statutory provisions place court-appointed professionals’ accountability for complying with the standards of practice with their professional regulatory board or agency. (Recommendation 69 D refers to the parent coordinator role.)
We have more divorcing families choosing not to use the courts. Colorado district court statistics show that the percent of domestic court cases has decreased from 25% to 17% of all court cases.
The Association of Family and Conciliatory Courts (AFCC) is hosting a regional training in September in Breckenridge Colorado. The agenda is filled with Coloradoans presenting on these ill defined roles. http://www.afccnet.org/pdfs/AFCCBreckenridgeWEB.pdf (pages 3-5)
I have heard presentations by Robert Smith, treasurer for the AFCC and a member of the training planning committee and Robert LaCrosse, one of the presenters. Robert LaCrosse shared that a parent coordinator would only have to answer to the courts that appointed them. Robert LaCrosse presented misinformation the two times I heard him present. Robert LaCrosse is presenting at the AFCC September training on the parent coordinator role. HB05-1172 does not require professionals to adhere to their standards of practice. They answer only to the courts that appoint them.
Robert Smith was the Special Advocate for the Rick Walters’ family. Rick Walters killed his former wife and all but one of their children before taking his own life. The child that survived did so by playing dead. Robert Smith in his presentation described families who used the family courts as having an “unbelievable, breath-taking, inability to self-observe”.
If I have my dates right, Robert Smith gave this presentation after the Rick Walters family deaths. Could it be that these attributes could also be those of some our family court helpers and unfortunately contribute to the violence and sometimes death inflicted on families in conflict using our courts.
HB05-1171 and 1172 do not adequately address the safety of family members (both parents and children) when there is an alleged history of abuse and do not provide a means for a parent to petition the court if a family court helper ascribes to the belief presented by Robert Smith.
I would like recommendations 69 B and F addressed in legislation for the family court helper roles such as parent coordinators, child and family investigators and family decision makers.
CJD 04-08 created Standards of Practice for what is now known as the Child and Family Investigator (formerly the Special Advocate) role. But the standards are filled with “shoulds” (over 50) and fail to address recommendations 69 B and F.
I fear recommendations 69 B and F will again be ignored if the development of Standards of Practice for the Parent Coordinator and the Family Decision Maker roles are the responsibility of the Standing Committee on Family Issues or a sub-committee of that committee.
Please address these omissions in the 2006 legislative session.
Addressing:
1) the lack of checks and balances and a system for continual improvement of the processes;
2) the lack of adherence of licensed mental health professionals to their standards of practice when serving in these court appointed roles and;
3) the appointment of individuals who have no licensure requirements or professional standards of practice (mediators) would help provide accountability of those serving in court appointed roles. It would be one way addressing the lack of accountability that Representative Boyd referred to at the house judicial committee hearings for HB05 1171 and 1172.
Thank you for your attention to my concern for this lack of oversight, checks and balances and a system for review and continual improvement of the process for these family court helper roles. It appears our most vulnerable families are the ones left using our domestic courts and they are the ones most likely to need protection.
I would like a response to my letter.
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