September 2020
Full Court Press is the newsletter of the University of Baltimore School of Law Sayra and Neil Meyerhoff Center for Families, Children and the Courts (CFCC).
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Going Back to School, Differently
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By Barbara A. Babb
From preschool to law school, the U.S. is going back to school in the unprecedented context of an ongoing global pandemic. At the University of Baltimore School of Law, we are prepared to welcome a new class of J.D. candidates, beginning the year with online instruction and some access to the Angelos Law Center for the law school clinics. You can learn more about the decisions the law school has made to keep students, faculty, and staff protected here.
This month also kicks off a year-long 20th Anniversary celebration of The Sayra and Neil Meyerhoff Center for Families, Children and the Courts. CFCC opened its doors on August 21, 2000. Learn more about our mission, principles and practices, along with 20 years of accomplishments at our newly updated website.
Ensuring that Baltimore City school children are supported in school and are learning is more important than ever. CFCC's Truancy Court Program (TCP) always has been about more than truancy intervention. Below, we share insights from the 2019-2020 academic year on the important role TCP Attorney Katherine Davis plays in the program and how strategic interventions can change the educational experience of students and their families. While the entire TCP Team will be meeting virtually with students and volunteer TCP Judges this semester, their work will continue to be characterized by passion, expertise and thoroughness.
At CFCC, we are ready to continue our work. I am delighted to welcome law students, our CFCC Student Fellows, faculty, and staff to the 2020-2021 academic year. This year may challenge our creativity, but that is a great way to learn and to grow. Let's get to it, and let's stay safe!
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CFCC’s Truancy Court Program:
15 Years of Challenges, Growth and Accomplishments
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CFCC’s Truancy Court Program Adjusts to
Virtual Delivery of Program and Services
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COVID-19 and the subsequent transition to distance learning across Baltimore City has created one of the most extreme and pervasive barriers to school attendance ever confronted by CFCC's Truancy Court Program (TCP) Team.
Without the ability to meet in person with students and families, the team has pivoted to virtual assistance and support. In recognition of the sudden and dire financial burden many families are experiencing, TCP staff are focusing on providing support and referrals for basic needs. They also continue to advocate as necessary to ensure consistent access to education and protection of legal rights for students. Families and students participating in the TCP are receiving:
- Up-to-date instructions regarding how to access free food, hygiene products and other basic necessities
- Information on the rapidly-changing nature of academic delivery – from work packets to online lessons
- Continued advocacy with Baltimore City Public Schools on behalf of students experiencing homelessness and those with learning differences
- Support regarding access to Chromebooks and internet services
- Assistance and information regarding new COVID-related benefits
The TCP will be operating in six schools this fall: Furley Elementary School, Mt. Royal Elementary/Middle School, Baltimore Design School (Middle/High School), Academy of College and Career Exploration (ACCE Middle/High), Franklin Square Elementary/Middle School, and The Belair-Edison Middle School. We are looking forward to a productive and successful school year.
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Insight: What an In-Person Truancy Court Program Session Looked Like in 2019-2020
Lawyering to Empower Students and Families
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By Katherine S. Davis
As I spread out the books on the desks for the 5th graders to look over during CFCC's Truancy Court Program (TCP) session, I was sure of one thing – before I got very far, Malik* would be by my side eagerly looking for a new book to take home. This slight-framed, 11-year-old boy with an infectious smile, but also a temper that frequently gets him into trouble, loves to read. I always took extra time to find books with him in mind. (*name changed for privacy)
That day, however, Malik surprised me. Instead of going for a book about sports figures or soldiers with ancient swords, he zeroed in on one entitled Everything to Know about Chemistry and Chemical Reactions. “I want to read that,” he said, “so that I’ll know something that no one else in this school knows.”
This avid reader missed 49 days of school and was late 48 times in 4th grade. Malik has been bullied in school, often doesn’t participate in class and rarely does his homework. His teachers complain that he argues with other students and disengages in class by drawing or zoning out. The school recommended Malik and his family for participation in CFCC's Truancy Court Program in the hopes that the resources and support we provide will help to change the trajectory that was already in place for Malik.
Navigating School Choice
One of the biggest indicators of success for 5th graders in Baltimore City and other urban school systems is the middle school they will attend. Due to the school choice system in Baltimore City Public Schools, students who do not choose a school by mid-January are assigned to schools based on availability. Because Malik didn’t return his paperwork in time, he was placed in a middle school that has almost 500 students representing more than 15 ethnicities. The classes are large and the school struggles with gang violence, high suspension rates and low test scores. For a small student with a tendency to insert himself with abandon into dangerous situations, this school will present significant challenges. It seemed vital to find a smaller, calmer school where the teachers could relish his love of reading and have the time and energy to address the root causes of his behavior rather than being forced to simply react to it.
Malik has numerous adults in his life, but none with sufficient time or energy for the advocacy necessary to change his middle school placement. To his teachers, he is one of at least 30 lively and demanding students. To the school counselor responsible for school choice, he is one of 150 students with similar needs. Malik’s mother has three younger children, an elderly mother, a job with a long commute and the stress of trying to find permanent and affordable housing. As the TCP Attorney, I have the required time, energy and knowledge.
Fostering Empowerment
The question was how far to go. As a lawyer with clients and case numbers, my role is relatively cut and dry, but working in this type of situation presents a more delicate question. While the immediate goal was to secure acceptance for Malik in a middle school that will nurture him rather than send him out to the streets of Baltimore, there was a larger goal as well. By teaching his mother about the school choice process and guiding her as she advocates for Malik, I could help foster her ability to provide for all of her children as they grow and progress through the school system.
Each time I spoke to Malik’s mother, I was clear that the decisions were hers and that I would act only on her direction and with her permission. As I investigated various schools, I repeatedly checked to get her thoughts on what would be best for Malik. When I succeeded in finding schools with space for Malik, I explained the pros and cons of each so that she could decide which ones to pursue. I then gave her clear instructions for the next steps.
While I could have completed some of these steps for her, doing so would not have achieved the best long-term results. For example, after visiting the schools and making her choice, she was required to get a "Transfer Letter” from the district headquarters. When I offered to be available by phone to help, she replied, “If the office gives me any trouble, I have Mr. Johnson’s number.” Mr. Johnson, the middle school principal, was pulling for Malik. The mother's confidence demonstrated that she was taking responsibility for her own advocacy. After all, this mother had moved herself and her four children from Wisconsin, enrolled the older two in school, secured employment and saved almost enough money to finance an apartment. She may have needed someone to help her navigate the complicated paths of school choice. She does not need someone to walk those paths for her.
Throughout the summer, I stayed in frequent contact with Malik’s mom and continued to guide her through the numerous barriers to his transfer, from helping her obtain a duplicate birth certificate to working through transportation options. With encouragement, Malik’s mom found the time and energy to overcome each barrier and, by late August, had successfully enrolled her eldest son in the middle school of her and Malik's choice.
A primary purpose of CFCC’s Truancy Court Program is to help students and their families overcome barriers to school attendance, many of which are imposed upon them by situations outside of their control. We can also build self-advocacy skills, self-confidence and trust. Then we have created the opportunity to change both the attendance records of one child and the trajectory of an entire family.
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Katherine S. Davis is CFCC's Truancy Court Program Attorney. In addition to advocating for equitable access to education for all,Katie helps TCP families understand the importance of their education and empowers them to exercise their legal rights related to education, such as obtaining Individual Education Programs (IEPs) or securing vital supports for students experiencing homelessness.
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Visit the New and Improved CFCC Website
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We invite you to explore the updated and expanded content of the CFCC website! The website received a significant upgrade this past spring and summer.
New features include:
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Expanded content about the roots and underpinnings of our advocacy for family justice system reform
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An in-depth view of our groundbreaking Truancy Court Program
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A comprehensive Publications & Resources section where you can access links to a wide range of reports and papers related to our work
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A complete archive of our Full Court Press E-Newsletter and the Unified Family Court Connection
We welcome your feedback. Please let us know if there is anything you cannot find or if you have suggestions about content we might add to make our website more useful and informative.
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UB Law Professor and CFCC's Director Barbara Babb has received a two-year appointment to the Singapore Family Justice Courts’ Advisory and Research Council on Therapeutic Justice (ARC), created in June 2020.
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According to Presiding Judge Ong’s June 23 appointment letter, "[t]he objective of establishing the ARC is to bring together some of the leading thinkers in the field of TJ [therapeutic jurisprudence] and family justice, to discuss and share perspectives on the latest developments in TJ in the context of family law practice and family justice, including law, policy, and justice reforms.”
“The ARC appointment is quite a privilege, and it is extremely exciting for me,” says Babb. "I am very honored to work with the Singapore Family Justice Courts (FJC) community and the other ARC members.” The ARC will work with the Singapore FJC to incorporate TJ, a concept Babb originally applied to family court reform, as the overarching framework of the Singapore family justice system. Babb says the ARC’s work will include examining court processes through a TJ lens and, where appropriate, improving those processes.
Using an ecological framework, another of Babb’s contributions to family court and family justice system reform work, the FJC hope to establish better coordination between the community and social support services. The ARC will design and offer training on TJ methods to Singapore’s FJC judicial officers, court staff, attorneys, and services providers.
In 2013, the Singapore FJC established an interagency committee to study and recommend possible family court reforms. Subsequently, they have made tremendous strides toward comprehensive reform of family courts to better serve the needs of families and children, including extensive expert, stakeholder, and public input. Babb was a keynote speaker addressing court leadership in October 2019. The Singapore FJC are now beginning the implementation phase of their work and are poised to become one of the world’s leaders in family justice system reform.
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Noteworthy
Presentations, Collaborations and Events
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POSTPONED to 2021 — 20th Anniversary Celebration of CFCC and 15th Anniversary Celebration of CFCC’s Truancy Court Program. For more information, contact cfcc@ubalt.edu.
POSTPONED to 2021 — CFCC will cohost the prestigious Therapeutic Jurisprudence Scholars' Convening with the International Society for Jurisprudence (ISTJ). The convening allows experts in the field of therapeutic jurisprudence (TJ) to present and collaborate on works in progress. Practitioners new to TJ are also welcome to attend. Contact cfcc@ubalt.edu for more information.
PROCEEDING AS PLANNED — The University of Baltimore Law Review will publish a symposium issue (Spring 2021) devoted to therapeutic jurisprudence scholarship, and Family Court Review, published by the Association of Family and Conciliation Courts, will feature a special issue (July 2021) consisting of articles focused on family law/therapeutic jurisprudence topics. For more information, contact cfcc@ubalt.edu.
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Authors Barbara A. Babb and Judith D. Moran envision the family court as a care center" and make a compelling case that reforms to the family justice system are necessary to achieve positive, long-lasting outcomes for families and children.
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CFCC's Truancy Court Program Toolkit, Second Edition provides a step-by-step guide on how to start and maintain an effective truancy reduction program. The Toolkit can be adapted to suit individual schools or entire jurisdictions.
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About CFCC
The Sayra and Neil Meyerhoff Center for Families, Children and the Courts (CFCC) promotes policies and practices that unite families, communities and the justice system to improve the lives of children and families and the health of communities. CFCC advocates the use of therapeutic jurisprudence, the understanding that the legal system has an effect on behavior, emotions and mental health.
CFCC is led by Barbara A. Babb, Associate Professor of Law at the University of Baltimore School of Law; Founder and Director of the Sayra and Neil Meyerhoff Center for Families, Children and the Courts (CFCC); Director of the Post-J.D. Certificate in Family Law program at the University of Baltimore School of Law; and Editor-in-Chief of Family Court Review, published by Association of Family and Conciliation Courts (AFCC).
CFCC Staff and Contributors
Rebecca Stahl, CFCC Deputy Director; Michele Hong-Polansky, CFCC Program Manager; Arion Alston, Truancy Court Program Mentor; Katie Davis, Truancy Court Program Attorney; Spencer Hall, Truancy Court Program Coordinator; Katrice Williams, CFCC Program Administrative Specialist.
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