Right of Foster Youth to Attend Court Hearings in Wisconsin:

A Legal Memorandum 

By Adoption Art Editorial Team| October 30, 2024

Key Points:




In Wisconsin, the right of foster youth to attend their court hearings represents not just a procedural point but a critical component of justice, respect, and personal empowerment. For young individuals in foster care, these hearings serve as pivotal moments where their voices can be heard directly by the court, influencing decisions that will affect the course of their lives. Ensuring that foster youth are encouraged and supported to attend these hearings is a moral obligation rooted in respect for their dignity and autonomy. In this article, we will explore the legal foundation supporting this right, discuss the unique benefits of attendance for foster youth, and propose how Wisconsin can take steps to create a more youth-centered approach within its judicial system. Through this exploration, we aim to inspire action toward a system that uplifts, empowers, and ultimately transforms the lives of foster youth across the state.


The Legal Foundation of Youth Attendance in Wisconsin

Wisconsin recognizes the importance of incorporating the voices of foster youth in judicial proceedings that impact their futures. According to Wisconsin statutes, children in foster care who are at least twelve years old should be invited to attend their court hearings. This statutory guideline is grounded in the belief that children have an inherent right to participate in decisions that affect their lives. The statute further requires that youth are informed of the opportunity to attend and are supported in expressing their views. The provision for foster youth to attend their hearings aligns with both federal guidelines and national best practices, underlining that children, even in difficult circumstances, deserve to be respected as individuals with distinct opinions, preferences, and dreams.


Federal legislation further supports this approach. The Fostering Connections to Success and Increasing Adoptions Act of 2008 mandates that youth aged fourteen and older be consulted in their permanency planning, effectively giving them a say in key decisions regarding their placements and long-term plans. Wisconsin, by encouraging youth attendance at hearings from age twelve, stands out as a state that goes above and beyond the federal guidelines, seeking to cultivate a system that values and respects the voices of its foster youth at an earlier age. Yet, in practice, barriers remain, and many young people are left without the chance to participate fully in these transformative legal moments.


The Transformative Power of Court Attendance

The significance of attending court hearings for foster youth extends beyond the legal process itself. It is a vital opportunity for empowerment and healing, and it serves as a reminder that their lives and perspectives matter. In a system that often prioritizes efficiency over individuality, giving youth a seat in the courtroom is an act of acknowledgment, one that says, “You are seen, and your voice is valued.”


For foster youth, participating in their hearings can serve as a powerful assertion of autonomy. Many foster children face circumstances that feel out of their control; they may be moved between homes, schools, and even communities with little to no input. By attending court hearings, however, they gain a degree of agency, participating in discussions that directly impact their lives. Furthermore, youth attendance can foster a sense of justice and trust within the system, giving foster youth confidence in their own worth and the value of their voice.


Attending court hearings also provides youth with an understanding of the legal process, empowering them to become informed participants in their cases. Research has shown that children who attend their hearings often report feeling more satisfied with the outcomes and express a greater understanding of the proceedings. This understanding, coupled with the sense of being genuinely included, can significantly enhance a young person’s self-worth and emotional resilience.


Challenges to Attendance and Participation

While Wisconsin has laid a foundation for youth attendance, the practical barriers remain challenging. A common concern is that court hearings can be overwhelming or distressing for young individuals, especially given the sensitive and often emotional nature of the cases discussed. However, rather than excluding foster youth, the solution lies in providing them with support and guidance to help navigate these emotions. By offering resources such as counseling, pre-hearing orientations, and post-hearing debriefing, the system can help young people process and understand the experience.


A second challenge arises from a lack of understanding or awareness among caregivers, caseworkers, and sometimes even the youth themselves regarding this right. Without a strong, state-wide commitment to informing foster youth of their rights and encouraging their attendance, many are left unaware of the opportunity to participate. Educating all stakeholders about the importance of youth participation, from foster parents to legal advocates, is crucial in fostering a more inclusive, compassionate system.


Logistical barriers also persist. Transportation, time conflicts with school, and limited resources can prevent young people from attending their hearings. Recognizing these barriers, Wisconsin must work to create solutions that facilitate attendance, such as providing transportation support, allowing virtual participation, and scheduling hearings at times that minimize conflicts with school or other essential activities.


Recommendations for Strengthening Youth Attendance in Wisconsin

To ensure that foster youth in Wisconsin are fully empowered to attend their court hearings, specific policy recommendations can help to make this right more accessible and supportive:


1. Mandate Youth Participation Training: All foster parents, caseworkers, and legal professionals involved in the child welfare system should be trained on the rights of foster youth to attend their hearings and the benefits associated with their participation. By creating a system-wide understanding, Wisconsin can ensure that this right is consistently respected.


2. Establish Comprehensive Support Systems: Courts should consider implementing support systems such as counseling, orientation sessions, and debriefing resources to help foster youth prepare for and process the experience of attending their hearings. These resources can provide emotional support, addressing any fears or anxieties the youth may have about attending.


3. Increase Accessibility through Logistical Support: Providing transportation options, establishing flexibility in hearing times, and allowing remote or virtual attendance where appropriate can help reduce logistical barriers, making attendance more feasible for all foster youth.


4. Prioritize Youth Feedback: Creating mechanisms to collect feedback from foster youth who attend their hearings can provide insights into their experiences and identify areas for improvement. This feedback can be used to make the court experience more youth-friendly, ensuring that the system evolves to meet their needs.


5. Enhance Awareness Campaigns: Public awareness initiatives focused on educating foster youth about their rights to attend hearings could empower more young people to exercise this right. Outreach campaigns in schools, foster homes, and community centers can ensure that foster youth across Wisconsin are informed and encouraged to be active participants in their cases.


The right of foster youth in Wisconsin to attend their court hearings is more than just a legal provision—it is a pathway to empowerment, healing, and hope. By honoring and facilitating this right, Wisconsin can stand as a beacon of justice and compassion, creating an environment where every young person in foster care is given a voice. For foster youth, attending court is not simply about being present; it is about reclaiming agency in their own lives, asserting their value, and gaining a tangible understanding of justice.


In the quest to empower foster youth, let us remain steadfast in our commitment to making this right a reality. Each time a young person steps into a courtroom, they step closer to a future where their voice carries weight and their life is guided by their dreams and aspirations. By fostering an inclusive, youth-centered approach in Wisconsin’s legal system, we create a future that respects, uplifts, and cherishes every young life entrusted to our care. For every foster youth whose voice is heard in court, a door opens to a brighter, more empowered future. Let us make that future one of hope, dignity, and boundless potential.