29 June 2006
The following reflections of then-Missouri Chief Justice Michael A.
Wolff made up his June 2006 Law Matters column.
Missouri courts deal in hundreds of
thousands of cases each year that involve money, property, business dealings and
crime, but no category of cases is more important than those dealing with the
safety and welfare of children. The protection of our children is the highest
and greatest responsibility of the courts of this state.
Court cases involving children often arise when social relations break down or are in need of repair. The broken relationships that come to court are usually the ones where the adults involved cannot or will not resolve their differences. These are difficult and emotionally taxing cases.
Last year, for instance, 110,000 cases were filed seeking dissolution of marriages. A large number of these involve dependent children. Fortunately, many of these divorcing parents are able to resolve the issues of child custody, parenting time and support by agreement. For those parents who cannot agree on these matters, the courts – circuit and associate circuit court judges – must provide an answer.
Mothers have rights, fathers have rights, and these rights often clash. Are the courts pro-mother or pro-father? The courts should be neither. The law recognizes these asserted parental rights, but one set of rights predominates – the best interest of the children involved.
After a court grants judgment dissolving a marriage, a couple is no longer husband and wife, but they both are still parents. It is often up to the courts, on a continuing basis, to ensure that they fulfill their obligations as parents. The court's role in this is not an easy one.
Some of the toughest cases involve abused and neglected children. In fiscal 2005, more than 17,000 children were, at some point in the year, under the jurisdiction of a Missouri court and in the custody of the state's Children's Division. This is an increase of 30 percent from 12 years earlier.
Numbers do not tell the whole story, however. There are many social issues that contribute to reasons that children cannot remain safely with their natural parents. These can include parental drug use or alcoholism; incarceration; or the lack of accessible resources for families, including housing, jobs, education and mental health services.
Federal and state laws impose many requirements on, and demonstrate the need for, highly skilled and dedicated judges to hear child abuse and neglect cases. The law requires courts in these specialized cases to oversee the efforts of the child welfare system in attempting to find permanent homes for abused and neglected children in a timely manner. Court rules and state statutes set time deadlines for these cases so that children do not languish in the system without permanent placement.
To this end, Missouri's courts engage in cooperative efforts with everyone involved in the child welfare system. The Commission on Children's Justice was created to unify the three branches of government – executive, legislative and judicial – and agencies in the private sector to ensure comprehensive solutions to child welfare problems.
The judicial branch has made special efforts over the years to educate those who work with children, to improve court processes, and to use technology to the fullest to meet the goal of ensuring the safety and welfare of children.
The stakes are high. Each time, a child's well-being hangs in the balance. Each time, the outcome in the case is based on human judgment, which is fallible. Parents make mistakes, social workers make mistakes, juvenile officers make mistakes and judges make mistakes. But as one young man once told a roomful of judges, child welfare system workers and legislators, the system did not give up on him, and we should not give up on it.
Every day, we need to remind ourselves that we not only are dealing with problems facing today’s children, but we also are charting a course and building a future for the next generation. Whether that course is clear and that future is bright depends on what we do today in addressing the needs of our state’s young people who are made vulnerable by the failings of their families.
That is why the system needs our persistent efforts, adequate financial resources and constant monitoring. The dedication of juvenile officers, social service and mental health workers, judges, court personnel and others is inspiring. Their efforts – both in and out of the courtroom – to improve the lives of vulnerable children are worthy of our understanding and our support.
Court cases involving children often arise when social relations break down or are in need of repair. The broken relationships that come to court are usually the ones where the adults involved cannot or will not resolve their differences. These are difficult and emotionally taxing cases.
Last year, for instance, 110,000 cases were filed seeking dissolution of marriages. A large number of these involve dependent children. Fortunately, many of these divorcing parents are able to resolve the issues of child custody, parenting time and support by agreement. For those parents who cannot agree on these matters, the courts – circuit and associate circuit court judges – must provide an answer.
Mothers have rights, fathers have rights, and these rights often clash. Are the courts pro-mother or pro-father? The courts should be neither. The law recognizes these asserted parental rights, but one set of rights predominates – the best interest of the children involved.
After a court grants judgment dissolving a marriage, a couple is no longer husband and wife, but they both are still parents. It is often up to the courts, on a continuing basis, to ensure that they fulfill their obligations as parents. The court's role in this is not an easy one.
Some of the toughest cases involve abused and neglected children. In fiscal 2005, more than 17,000 children were, at some point in the year, under the jurisdiction of a Missouri court and in the custody of the state's Children's Division. This is an increase of 30 percent from 12 years earlier.
Numbers do not tell the whole story, however. There are many social issues that contribute to reasons that children cannot remain safely with their natural parents. These can include parental drug use or alcoholism; incarceration; or the lack of accessible resources for families, including housing, jobs, education and mental health services.
Federal and state laws impose many requirements on, and demonstrate the need for, highly skilled and dedicated judges to hear child abuse and neglect cases. The law requires courts in these specialized cases to oversee the efforts of the child welfare system in attempting to find permanent homes for abused and neglected children in a timely manner. Court rules and state statutes set time deadlines for these cases so that children do not languish in the system without permanent placement.
To this end, Missouri's courts engage in cooperative efforts with everyone involved in the child welfare system. The Commission on Children's Justice was created to unify the three branches of government – executive, legislative and judicial – and agencies in the private sector to ensure comprehensive solutions to child welfare problems.
The judicial branch has made special efforts over the years to educate those who work with children, to improve court processes, and to use technology to the fullest to meet the goal of ensuring the safety and welfare of children.
The stakes are high. Each time, a child's well-being hangs in the balance. Each time, the outcome in the case is based on human judgment, which is fallible. Parents make mistakes, social workers make mistakes, juvenile officers make mistakes and judges make mistakes. But as one young man once told a roomful of judges, child welfare system workers and legislators, the system did not give up on him, and we should not give up on it.
Every day, we need to remind ourselves that we not only are dealing with problems facing today’s children, but we also are charting a course and building a future for the next generation. Whether that course is clear and that future is bright depends on what we do today in addressing the needs of our state’s young people who are made vulnerable by the failings of their families.
That is why the system needs our persistent efforts, adequate financial resources and constant monitoring. The dedication of juvenile officers, social service and mental health workers, judges, court personnel and others is inspiring. Their efforts – both in and out of the courtroom – to improve the lives of vulnerable children are worthy of our understanding and our support.