Children are parties in Louisiana Child in Need of Care (CINC) cases and have a right to be safe. They shall be present at hearings unless an exception applies. If the child is 12 years of age or older, the Louisiana Children’s Code requires that they be present in court unless their presence is waived by the court upon motion of the child’s attorney. If the child is below the age of 12 years, the Code requires them to be in court upon request of the child’s attorney or the court.
Court is intimidating for most individuals, and the stakes could not be higher for parents and children in CINC cases. Many children come into court with a history of trauma. Regardless of the trajectory of the case, children may benefit from having their voice heard. It is critical for the judge to consider information provided by children and convey to them that their testimony is being given due consideration in the court’s ruling. Positive engagement is critical to successful outcomes in each case.
In 2024, the legislature created an “Advice of Rights for Children” in the Louisiana Children’s Code. Set forth in Article 625.1, the Advice of Rights requires judges to advise children who are ten years of age and older that they are a party to the proceedings and of their rights, such as the right to have notice of and attend all hearings.
Learning Objectives:
- Hear from a former foster youth about her experience in court.
- Understand that children are parties and, thus, have a right to be in court.
- Recognize that the child’s input is an added value to the process and decisions.
Speakers
Judge Gail Grover, Juvenile Court Judge, East Baton Rouge Parish
The Honorable Gail Grover was elected Judge of East Baton Rouge Parish Juvenile Court, Division “B” in October 2019. She earned her Bachelor of Arts in Political Science from Northwestern State University in 1995 and her Juris Doctorate from Louisiana State University Law Center in 1998. Prior to being elected judge, Judge Grover held positions at local and state levels that positively impact the lives of youth and families from cradle to adulthood. Judge Grover served as Assistant District Attorney in East Baton Rouge District Attorney’s Office, Juvenile Section from 1999 to 2009, Director of East Baton Rouge Department of Juvenile Services, Assistant Chief Administrative Officer for the City of Baton Rouge/Parish of East Baton Rouge, and Assistant Secretary for Louisiana Office of Juvenile Justice. When she is not presiding over cases in court, Judge Grover seeks to make a difference in the lives of the next generation by actively engaging in local and state initiatives. Currently, Judge Grover serves on the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, East Baton Rouge Criminal Justice Coordinating Council, Advisory Council on Student Behavior and Discipline, DOE/BESE Success Through Attendance Recovery Task Force, and State of Louisiana JDAI Collaborative. Judge Grover is a member of several legal and judicial associations including the Louisiana Council of Juvenile & Family Court Judges, National Council of Juvenile & Family Court Judges, Louisiana District Judges Association, and First Circuit Court of Appeal Judges Association. Judge Grover believes is it important to stay connected to young people so that policies and practices are relevant to issues impacting them. She considers it an honor to serve youth on the Teen Court of Greater Baton Rouge, I CARE, Project MADE mentoring program, and in Sunday School at her church. Judge Grover is a veteran and served in the United States Army for more than eight years.
Kirby Casciato, JD, CWLS* – Co-Manager of the Child In Need of Care Unit (CINC), Southeast Louisiana Legal Services
Kirby Kenny Casciato has been a child welfare attorney since 2018. She obtained her B.A. in Criminal Justice and B.A. in International Affairs from the University of Georgia, and her J.D. from Tulane University Law School. She was selected as the Lutz Fellow with Southeast Louisiana Legal Services from 2018-2019 and has continued her passion in child welfare law since. She is now the Co-Manager of the Child in Need of Care Unit. Kirby is also a certified Child Welfare Law Specialist and volunteer professor for Trial Advocacy at Tulane.
Ja’Nika Stanley, Current Extended Foster Youth
Ja’Nika is in the Extended Foster Care Program. She is a passionate advocate for youth in foster care because she experienced it. Ja’Nika had a leadership role in JROTC and the National Honor Society in high school. She will be attending Northwestern State University in the fall where she will be majoring in nursing and participating in ROTC. Her goal is to be a voice for those who feel unheard.
