Child Protection and Dependency

Improving an Effective Program: A Comprehensive Evaluation of the Superior Court of the District of Columbia Child Protection Mediation Program

Description
Examination of a single site program in three areas: program performance, program process, and mediation process.

Method
Program processes were examined through case data, participant post-mediation surveys, mediator post-mediation surveys, focus groups of professionals and mediators, interviews with judges and parents, and a meeting with program staff. Program outcomes were examined through case files, interviews and post-mediation surveys.

Sample Size
429 cases (302 mediated; 117 not mediated) filed between 2013-2014 and 124 cases referred to mediation between April and October 2017. 84 parent participant surveys, 91 professional participant surveys. 5 focus groups with 7-11 participants each.

Program Variables
The program mandates early mediation. It was put in place as a pilot in 1998 and last evaluated in 2005. Mediation is supposed to occur within 30 days of the initial hearing. Mediations were conducted by court staff and contract mediators in a building separate from the courthouse.

Full Findings
Cases filed in 2013-2014

Cases that were mediated had approximately a 65% likelihood of having a stipulation filed before trial, while a case that did not go through mediation had a roughly 35% likelihood of a pre-trial stipulation. Parents who mediated were more likely to be compliant with services. There was no statistical relationship between mediation or stipulation and time to permanency. Mediation did not impact the number of hearings per case.

Mediations in 2017

Mediations that occurred during the study period averaged one hour and 53 minutes from the scheduled time to the end of the mediation, including wait time, with 36% taking more than two hours. Mediations ended with a stipulation in 27% of the cases mediated in 2017. In another 25%, the professionals involved agreed that mediation helped the parties make progress on stipulation. Between half and 2/3 of mediations led to changes or additions in services and/or visitation.

90% of parents felt strongly that they understood the other participants’ point of view better because of mediation. 95% of parents said they better understood their responsibilities moving forward after mediation. 74% of professionals felt they better understood the others’ points of view after mediation. Almost 3/4 of parents trusted that the professionals wanted what was best for their child. Almost 90% of parents were able to talk about all or most of their concerns and issues. 95% of parents believed the mediator treated them with respect. Almost 95% of professionals felt that mediation was providing them voice.

Assessing Efficiency and Workload Implications of the King County Mediation Pilot

Description
Examined case processing and efficiency outcomes for the first 22 cases referred to mediation under a pilot program in King County, WA, and 28 randomly selected cases in which parties opted out of mediation.

Method
Reviewed court files for both mediated and non-mediated cases. Analyzed cases to detect differences in the two comparison groups

Sample Size
22 mediated cases and 28 randomly selected non-mediated cases.

Program Variables
Opt-out program. All cases were referred on intake. One mediator conducted all mediations using a facilitative approach.

Full Findings
Mediated cases had fewer continuances than non-mediated cases (a mean of .45/case v 1.58/case). Mediation accounted for a significant proportion of this difference. More mediated cases reached adjudication within 75 days (84% v 50%). Mediated cases reached adjudication on average 34 days sooner (51 days v 85 days). Again, the use of mediation accounted for a significant proportion of the difference. 26% of mediated cases reached agreement prior to or at the 30-day shelter conference. No non-mediated cases reached agreement prior to that hearing. 63% of mediated cases reached agreement prior to or at the pre-trial conference. Only 5% of non-mediated cases reached agreement. The researchers hypothesized that agreed upon orders would lead to shorter conferences. 90% of mediated case and 75% of non-mediated cases had agreed upon orders. This difference was not significant.

Child Protection Mediation: An Evaluation of the Service Provided by Cook County Juvenile Court

Description
Examination of process and outcomes of a single site program, including participant experience and stakeholder views of the program.

Method
Examined mediator reports. Questionnaires provided to all participants at the end of the mediation. Interviews conducted of sample of all stakeholder groups (judges, attorneys, child welfare workers, family members).

Sample Size
165 mediations, 375 family member participant questionnaires, 548 professional participant questionnaires

Program Variables
Court-ordered program that in practice allowed for opt-out. 2/3 of cases were mediated between adjudication and termination of parental rights. 53% of mediations were referred by judges; 15% by the child’s attorney. Average time in mediation was 2 hours 14 minutes. Mediators were county staff with at least 40 hours of mediation training, and mediations were conducted in the same building as the courtrooms. Program was 3 years old at the time of the study.

Full Findings
Full or partial agreement was reached in 74% of cases. Settlement was most likely for issues of services, visitation and communication. 1/3 of professionals believed that participating in mediation would reduce their time spent on the case; 50% said it would have no effect. 75% of professionals said that mediation would help the case move forward.

86% of family members were satisfied with how the mediation was handled. 93% of professionals who participated in mediation and responded to the questionnaire were satisfied with how the mediation was handled. 87% of family members believed they had more chance to express their point of view than in other forums. 92% felt they had an equal chance to talk. 95% and 83% felt they were treated with respect by mediators and others at the mediation, respectively. 99% and 94% of professionals, respectively, felt the mediators and others treated them with respect.

Long-Term Outcomes of Child Protection Mediation on Permanency for Children in Foster Care

Description
Comparative study of the effect of mediation on permanency for children who entered into care in 43 Texas counties from 2002 to 2005.

Method
Propensity Score Matching was used to match mediated and non-mediated cases. Cases were controlled for age at entry into care, race/ethnicity and placement stability. Used survey responses to gauge parental engagement in mediation.

Sample Size
315 cases in each group from 43 counties in Texas

Program Variables
Program in place 3 years before study period. Voluntary program with mediations provided by volunteers without cost to the parties.

Full Findings
Slightly more children whose cases were not mediated achieved permanency within 18 months than those whose cases were mediated (51.2% v 48.8%). This difference was not significant. Of those cases that reached permanency within 18 months, mediated cases took on average 66 days longer to achieve permanency than non-mediated cases. There were slight, but insignificant, differences in the type of permanency achieved. More mediated cases ended in relative placement (51.2% v 47.4%) and adoption (11% v 9.4%), while more non-mediated cases resulted in family reunification (41.3% v 37.3%). There was no significant relationship between level of parental engagement in mediation and achievement of permanency within 18 months. Further, there was no significant relationship between level of parental engagement in mediation and length of time to permanency.

Children's Court Mediation Program Evaluation Report

Description
Annual evaluation of child protection mediation program in 12 judicial districts (11 in 2008). 2008 evaluation report includes a comparative study of cases opened between April 1, 2004 and March 31, 2005.

Method
Quantitative data obtained from records submitted by mediators. Family feedback forms were collected by mediators at the end of mediation. Professionals were sent an invitation by email (or by mail if the email address was unknown) to complete an online survey. The professionals’ survey asked about all mediations over the past year. For the comparative study portion, cases that were mediated were matched to cases that were not mediated.

Sample Size
525 mediations, 564 family feedback forms (number of mediations these represent is not stated), and 108 professional feedback forms (of 248 distributed) in 2008; 589 mediations, 539 family feedback forms from 280 mediations, and 126 professional feedback forms in 2009; 582 mediations, 519 family feedback forms from 272 mediations, and 69 professional feedback forms in 2008.

For comparative study of 2004-2005 cases, 121 mediated cases were matched to 121 non-mediated cases.

Program Variables
Mediation occurs at every stage of the case, but is more likely to be mediated later: just over half of mediations take place in the pre-adjudicatory stage, while a small percentage takes place very soon after petition. Mediations average 1.5 hours in duration. Generally, referral to mediation is on a case-by-case basis, but some courts order all cases in particular stages (e.g., pre-adjudicatory or permanency) to mediation and allow parties to opt-out.

Full Findings
Participants were generally positive about their participation in mediation. In 2008, 89% of family members and 88% of professionals stated they were able to discuss what was important to them. In the same year, 95% of family members and 92% of professionals believed the mediation was fair. In 2008-2009, 90%-91% of family members and 77%-84% of professionals said they would participate in mediation again.

In 2008, the issues most often settled in mediation were services for the children (78% full, 93% overall) and the parents (75%), followed by visitation (68%). The issues least often settled were termination of parental rights (30%) and change of permanency plan (21%). In 2009 and 2010, exact percentages were not provided, but the trend was the same, with the exception that relinquishment and guardianship were noted as being two of the issues least often settled, along with termination of parental rights and change of permanency plan.

For the comparative study, the mediated cases averaged 25 minutes in post-mediation hearings, while non-mediated cases averaged 43 minutes in comparable hearings. There was no difference in parental compliance. Mediated cases took longer to reach permanency (23 months v 18 months). When mediation occurred, children were more likely to be reunified with their biological parents.

Mediation in Child Protection Cases: An Evaluation of the Washington, D.C., Family Court Child Protection Mediation Program

Description
Comparative study of an early case child protection mediation program in the Multi-Door Dispute Resolution Division, Superior Court of the District of Columbia from January 1, 2002 to September 30, 2002. Looked at disposition time and satisfaction.

Method
Cases were tracked for 24 months through review of case files, the court information management system, and mediation program files; further data gathered through mediation program exit surveys, stakeholder interviews, and observations of traditional hearing process and mediations.

Sample Size
200 cases in each group

Program Variables
The child protection program was in place four years before initiation of the study; however, the use of mediation early in the case was in pilot phase at the time of the study. Mediation for this pilot was mandatory for purposes of the study.

Full Findings
Average time from petition or removal was 39 days for out-of-home cases, 41 days for in-home cases. 93% of cases were settled in some manner. Mediated cases reached adjudication, disposition, and case closure significantly more quickly than non-mediated cases: 49 days v 86 days to adjudication, 69 days from first hearing to disposition v 132 days, 7.0 months from initial hearing to case closure v 8.6 months. 46% of mediated cases had closed as result of reunification, while 42% of non-mediated cases did so. 7% of mediated cases returned to court after case closure (measured through 24 months from petition), while 21% of non-mediated cases did so. Case planning was more detailed for mediated cases – with 4.4 services ordered post-mediation, compared with 2.9 for non-mediated cases.

97% of those who responded to exit surveys believed the mediation process was “fair.”

Permanency Planning Mediation Pilot Program: Evaluation Final Report

GARY R. ANDERSON AND PEG WHALEN. MICHIGAN STATE COURT ADMINISTRATIVE OFFICE, JUNE 2004.

AVAILABLE AT THIS LINK

Description
Examines the first three years of a program in seven pilot sites spanning four counties in Michigan.

Method
Collected data from program reports, reviews of program files for cases mediated to agreement, court dockets, satisfaction surveys and mediator evaluations.

Sample Size
138 cases mediated

Program Variables
Pilots established in 1999. Study conducted over the first three years. Pilots were administered by community dispute resolution program centers. Referral to mediation occurred at a variety of points in the case. Mediators were volunteers with extensive training and supervision. Cases were co-mediated. Referrals were by judges (58%), caseworkers, attorneys, family members. The dispute resolution program centers followed up on compliance 60-90 days post mediation.

Full Findings
For all referred cases, time from petition to permanency averaged 17 months. Time from referral to permanency averaged 13 months. Cases that resulted in reunification were closed more promptly, at an average of 11 months, as compared to cases that resulted in adoption, which closed on average 15 months after petition. There was full compliance with the agreement in 73.4% of mediated cases within 60-90 days; 20.2% of cases had partial compliance.

More mothers than fathers thought the result was fair – 77.3% of mothers as compared to 64.4% of fathers. Of professionals, 82.8% of LGALs, 85.7% of prosecuting attorneys, 78.9% of mothers’ attorneys, and 71.4% of fathers’ attorneys believed the outcome was fair. 82.6% of caseworkers felt the same, while only 67% of foster parents did so.

Valuation of the Surrey Court Project: Facilitated Planning Meeting — Final Report

Description
Examination of impact of mediation on cases in which the child had been removed in Surrey Provincial Court, British Columbia.

Method
Examined data from court records and program files. Interviewed participants in mediation, including parents, social workers, parents’ lawyers, judges, and mediators; observed mediations.

Sample Size
30 mediated cases and 47 non-mediated cases whose case characteristics matched those of the mediated cases

Program Variables
Voluntary program with goal of reducing time to permanency and the proportion of cases that proceed to contested hearing. Referral could be made as early as possible in the court process by a social worker, court work supervisor, parent, lawyer for the parent(s), counsel for the province, or judge. An orientation session was held individually with social workers and parents. Mediation included the parent(s), social worker, and court work supervisor, and could include the parents’ lawyer, children’s lawyer, counsel for the province and other relevant parties. The court work supervisor reviewed all eligible cases for referral. Average session length was 5.3 hours. Attorneys for the parents participated in 80% of mediations.

Full Findings
92% of all issues (348/378) were resolved, with those involving services for the parents having the highest resolution rate, and parenting the lowest. The entire case was resolved 83% of the time, while it was partially resolved in 12% of the cases. All non-mediated matched cases proceeded to the protection hearing, while 14% of the mediated cases did. In mediated case, there was an overall reduction in case duration – initial stages took longer, but time to final disposition was shorter. There was a high rate of satisfaction for both process and outcome on the part of the participants.

Hamilton County Juvenile Court Permanent Custody Mediation

Description
Evaluation between December 1, 1999, and November 30, 2001, of a pilot program in Ohio in which termination of parental rights was mediated.

Method
Random assignment of cases to be mediated or to follow traditional path. However, cases were reviewed for parent ability to participate prior to referral. Some cases were referred at the request of party or magistrate. Interviews with judges, magistrates, mediators, attorneys, social workers, and CASAs. Surveys distributed to attorneys, case workers, family members following each mediation.

Sample Size
49 mediated cases (assigned), 37 control group cases, 125 questionnaires

Program Variables
Mandatory, free program. Mediation provided by a multi-service treatment center for children and families. The center contracted with and supervised community mediators who received extensive training on dependency issues. These mediators were a combination of attorneys, CASAs, social workers, teachers, and others. Mediation occurred at the courthouse. Most cases were mediated in single session, with an average time of 2.7 hours.

Full Findings
38.8% of all cases reached agreement in mediation regarding custody: in 14.2% of all cases, parents agreed to termination of parental rights; 14.3% of cases resulted in permanent custody without termination of parental rights; and in 10.2% of cases the agency withdrew the motion for permanent custody.

45% of attorneys for parents said that mediation reduced the time they needed to spend on the case. 65% of attorneys for the agency said the same. Estimated cost saving was 39% per case.

89% of parents who settled and 57% of parents who did not (69.6% overall) said that mediation was better than court. 81.8% of social workers said the same.

Permanent Custody Mediation Lucas County Court of Common Pleas — Juvenile Division

Description
Evaluation of the first three years of a pilot program in Ohio in which termination of parental rights was mediated.

Method
Random assignment of cases to be mediated or to follow the traditional path. Interviews with judges, magistrates, mediators, attorneys, social workers, and CASAs. Surveys distributed to attorneys, case workers, and family members following each mediation. Review of court files.

Sample Size
79 cases assigned to mediation (52 of which were mediated), 53 cases assigned to control group, 176 questionnaires

Program Variables
Mandatory, free program established in 1998. Mediators were attorneys with private practice in juvenile and domestic relations law. These same four mediators had already been mediating temporary custody cases. Most mediations are completed in one session; none in more than two. Time spent in mediation averaged 1.6 hours. (This declined in each of the three years studied.)

Full Findings
The outcomes of mediated cases were: 40.4% had no agreement; 46.2% resulted in parents voluntarily relinquishing their rights; 11.5% resulted in the agency agreeing to pursue a lesser disposition; 1.9% resulted in the agency giving parents another chance at reunification. No difference in outcomes was found between the two groups.

Factors possibly associated with settlement: race or ethnicity (cases in which the parents were white were more likely to settle), serious substance abuse by parent (decreased the probability of settlement), physical abuse as type of maltreatment (these cases were more likely to settle), and if the child was in care for more than 9 months – (led to greater likelihood of settlement).

30% of mediated cases went to trial, while 71.2% of control group cases did. Mediated cases that settled took 2.2 months to move from permanent custody filing to entry of agreement. Mediated cases that did not settle or in which the parent failed to appear took 3.7 months. Control group cases took 4.6 months.

68% of parents (87% of those who settled and 40% of those who did not) said mediation was better than going to court. 86.2% of parents’ attorneys and 71.4% of caseworkers said the same.

53.2% of parents’ attorneys, 33.3% of county attorneys, and 61.1% of GALs said that mediation significantly reduced the amount of time they spent on the case. This compares to 8.5%, 15.2%, and 11.1%, respectively, who said their time was increased.

Dependency Mediation in Oregon and the Nation

Description
Examination of the first two years of a pilot mediation program in two of the seven Oregon counties in which the program was established.

Method
Professionals (including attorneys, case workers, and others involved in the case) and family members who participated in mediation completed questionnaires. Results of mediated cases were examined.

Sample Size
11 mediated cases, 29 professional questionnaires, 17 family member questionnaires

Program Variables
Program was established in 2000. Judges nominated experienced, skilled, domestic relations mediators to take part in pilot. Mediators were trained in dependency mediation by experienced dependency mediators from established program in California. Almost all cases were referred pre-disposition.

Full Findings
In the 11 cases, nine reached full agreement, one partial, and one did not reach agreement.

93% of professionals said mediation was somewhat (55%) or very (38%) helpful. 88% of family members said mediation was somewhat (53%) or very (35%) helpful. 60% of professionals felt that mediation reduced the amount of time they spent on the case. 18% said it increased the amount of time they spent on the case.

Report on the Implementation of the Children's Justice Act Mediation Pilot Projects

Description
Examination of 12 county-wide child protection mediation programs in Texas

Method
Looked at program records, provided questionnaires and conducted interviews with at least 4 program participants at each site (chosen from court judiciary, mediators, prosecutors, attorneys ad litem, and CPS (state child welfare agency) staff).

Sample Size
795 family members, 53 professionals who participated in the programs

Program Variables
Voluntary program with mediations provided by volunteers without cost to the parties. Programs had been in place 1-3 years prior to the study.

Full Findings
Lawyers believed they worked the same amount of time as for a trial, but other interviewees said mediation would save courts money (attorneys are paid by the court).

76% of parents, relatives, and children thought the process was fair, whereas 88% of non-relative participants thought so. 88% of parties felt understood, 89% felt listened to, 88% felt all issues were equally presented. 85% of parents, relatives and children thought mediation was more effective than a court hearing; 77% of non-relative participants thought so.

The agreement rate was 66% full, 11% partial, and 4% full pending further information.

Galveston County reported a savings of $4,036,746 in 21 months.

Multi-Option ADR Project Evaluation Report — July 1999-March 2000

Description
Study of type of disposition, settlement rate, session length, and satisfaction for a multi-door ADR project.

Method
A survey was sent to 600 ADR participants to determine case status and satisfaction with the selected disposition process.

Sample Size
208 questionnaires returned of 600 mailed for cases referred between July 1999 and March 2000

Program Variables
Program was begun in 1996. The options included a for-fee civil and probate mediation program, a for-fee family law mediation program, a free small claims mediation program, a free judicial arbitration program, and a free juvenile dependency mediation program. Roster mediators in for-fee options were paid by the parties. The program was voluntary; parties selected an ADR process and the neutral during the case management phase (which begins 120 days after filing).

Full Findings
Survey responses indicated that 64% of cases filed participated in some form of ADR. Of those, 65% settled or partly settled in the ADR session. The most utilized method of ADR was mediation; 88% of those who reported using ADR participated in mediation. Another 6% used private settlement, 3% used early neutral evaluation, and 2% used arbitration. Most cases participated in ADR after some discovery had been conducted. Of those who responded, 76% thought that ADR reduced court time. They also overwhelmingly thought the process was fair.

The family law program had just begun at the time of the evaluation; no data had yet been collected except resolution rate, which stood at 70%. Surveys of those involved in small claims mediation showed that 48% settled in mediation; nevertheless, 91% believed mediation was a positive experience.

Dependency Mediation: Help for Families and Courts

Description
Evaluation of the efficiency of a dependency mediation program in Colorado’s 4th Judicial District

Method
Attorneys, caseworkers and other professionals who participated in mediation were interviewed. Data on cases was provided by mediators immediately after each mediation that was completed over an 8 month period. This was compared to data from court records of cases mediated 15 months earlier as well as data from court records of comparable cases that were not mediated.

Sample Size
146 mediator reports; court records on 97 mediated cases and 48 non-mediated cases

Program Variables
Mandatory, free program. The evaluation of the program took place three years after it began.

Full Findings
90% of cases at least partially resolved in mediation (70% full resolution). Mediation saves court money both for individual cases, and over all.

Dependency Mediation in the San Francisco Courts

Description
Evaluation conducted between April 1995 and December 1997 of established mediation program

Method
Quantitative data obtained from records maintained by mediators expressly for evaluation purposes and from file data drawn from court records.

Sample Size
227 mediated cases; 186 contested hearing cases

Program Variables
Almost half of referrals came from court. In another 25%, the parents’ attorney requested mediation. Cases were referred at a variety of stages; however, almost half were referred post-disposition. Average number of hours in mediation was 2.5. Almost all cases were completed in one session. Participants were the case worker, the attorney for the child protection service agency, the child’s attorney, and the attorney for the parents. The parents almost always attended. In 25% of cases, the child attended.

Full Findings
Full settlement was reached in 71% of mediations. Settlement was affected by whether a party objected – if no party objected, 85% of cases settled; if one party objected, settlement occurred only 50% of the time. No case characteristics were linked to whether the case settled, except that cases involving a perpetrator who was mentally ill were less likely to settle. Outcomes of mediated and litigated cases were comparable, but visitation plans worked out in mediation were more specific than those determined in court hearings. Mediated plans also provided more visits to the parents. Cases settled in mediation were less likely to return to court with a contested review hearing 12 -24 months following the disposition hearing (11% v 28%).

Savings were estimated to be about $2505 per case settled in mediation. If it is assumed that each review hearing avoided also saves $2505, the combined savings of 100 settled mediation cases would be $293,105.

An Evaluation of Child Protection Mediation in Five California Courts

Description
Comparative study of child protection mediation in Los Angeles, Santa Clara, Tulare, Contra Costa, and Sacramento Counties in California.

Method
Reviewed court files for both mediated and non-mediated cases in all five counties. The control groups in Tulare and Santa Clara counties were made up of cases comparable to those sent to mediation and that were scheduled for hearings on days when mediation was not available; in Contra Costa and Sacramento counties, the control group was made up of cases comparable to those sent to mediation, but which were filed in the year prior to the start of the mediation program. There was no control group for Los Angeles County.

Data was also collected from questionnaires completed by parents and forms completed by mediators.

Sample Size
499 parents; 968 mediator reports. Court files examined for 606 mediated cases and 223 non-mediated cases.

Program Variables
In two counties, mediation occurred at the initial stages of case processing; two others referred cases to mediation at almost every stage of case processing. There was no information on mediation timing for the other county. Referral to mediation was made by the judge. The average mediation length was 90 minutes, but sessions of more than 2 hours were common. Attorneys were present for at least part of the session in all but one county, in which they were excluded.

Full Findings
88% of mediated cases did not require a contested 6-month review hearing, compared to 53% of control cases. More than 90% of parents felt they had a chance to talk about issues important to them. Most parents preferred mediation to court. At 6 months post-disposition, mediated cases showed better compliance with the treatment plan than the control group More than 90% of cases at each site reached some form of settlement; 60-80% were full agreements.