"Never have so many spent so much time to accomplish so little." This is a quote from an old attorney friend (now deceased) about how we handle juvenile deprived-child cases in Oklahoma. I've been handling these cases since I was admitted to the bar, and the quote at this point would be a vast understatement. We have hearing after hearing, yet nothing happens. Or if it does, it does so at a glacial pace.
There are a variety of reasons for this problem. Sometimes you have case workers who won't work their cases, either because of an overwhelming caseload or (rarely) just sheer laziness. Sometimes the parents are obstructive. Sometimes it just takes awhile - some cases just take time and patience.
However, the most common problem is the sheer mass of regulations, both state and federal, the govern these proceedings. Obviously we have to keep some regulation; unbridled local discretion to deal with cases willy-nilly can be a very bad thing. But we've gone too far in the other direction. Instead of being worried about the best interests of these children (our purported goal), we spend an inordinate amount of time and effort making sure all the boxes are checked off so we can be sure we've complied with the rules coming from Washington and Oklahoma City. This paralysis by regulation does exactly the opposite of what's supposed to be intended, and serves no one well.
The worst regulations are those which appear to be responses to a particularly ugly situation. For instance, take the provisions of 10A O.S. § 1-8-101. That statute, as amended in 2009, requires all attorneys handling juvenile cases to receive a minimum of 6 hours of continuing education on the subjects of "juvenile law, child abuse and neglect, foster care and out-of-home placement, domestic violence, behavioral health treatment, and other similar topics" every year. Judges who hear these cases are required to get 12 hours. The idea behind this law is a good one - no one wants attorneys or judges dealing with these cases who don't know what they're doing.
The problem is the legislature solved a problem which needed a flyswatter with a hammer. No allowance is made for a judge or attorney's experience in handling these cases; a 20-year veteran is required to get as much training every year as someone who just passed the bar. Most attorneys and judges handling these cases do have a fair amount of expertise, gained more in the courtroom instead of the classroom. That reality, however, escapes our legislators, who pass this type of mandate and then go home and pat themselves on the back and reassure their constituents that they've "protected the children." Then it's the bench's and bar's problem to sort out how to pick up the pieces.
This is just one example of the things that bog us down. (Don't get me started on the bill from a couple of years ago that inexplicably moved the deprived-child, juvenile delinquent, adoption and paternity statutes from Title 10 to newly-created 10A and inexplicably renumbered them all, thus making it harder to find the law you're looking for). Sometimes I wish that Congress, the Oklahoma legislature, and the various agencies overseeing these issues would sometimes realize that less can be more, and better. Anyone want to make a bet as to how likely that is? Yeah, I know, but you can always hope. Because sometimes the horse does learn to sing...
There are a variety of reasons for this problem. Sometimes you have case workers who won't work their cases, either because of an overwhelming caseload or (rarely) just sheer laziness. Sometimes the parents are obstructive. Sometimes it just takes awhile - some cases just take time and patience.
However, the most common problem is the sheer mass of regulations, both state and federal, the govern these proceedings. Obviously we have to keep some regulation; unbridled local discretion to deal with cases willy-nilly can be a very bad thing. But we've gone too far in the other direction. Instead of being worried about the best interests of these children (our purported goal), we spend an inordinate amount of time and effort making sure all the boxes are checked off so we can be sure we've complied with the rules coming from Washington and Oklahoma City. This paralysis by regulation does exactly the opposite of what's supposed to be intended, and serves no one well.
The worst regulations are those which appear to be responses to a particularly ugly situation. For instance, take the provisions of 10A O.S. § 1-8-101. That statute, as amended in 2009, requires all attorneys handling juvenile cases to receive a minimum of 6 hours of continuing education on the subjects of "juvenile law, child abuse and neglect, foster care and out-of-home placement, domestic violence, behavioral health treatment, and other similar topics" every year. Judges who hear these cases are required to get 12 hours. The idea behind this law is a good one - no one wants attorneys or judges dealing with these cases who don't know what they're doing.
The problem is the legislature solved a problem which needed a flyswatter with a hammer. No allowance is made for a judge or attorney's experience in handling these cases; a 20-year veteran is required to get as much training every year as someone who just passed the bar. Most attorneys and judges handling these cases do have a fair amount of expertise, gained more in the courtroom instead of the classroom. That reality, however, escapes our legislators, who pass this type of mandate and then go home and pat themselves on the back and reassure their constituents that they've "protected the children." Then it's the bench's and bar's problem to sort out how to pick up the pieces.
This is just one example of the things that bog us down. (Don't get me started on the bill from a couple of years ago that inexplicably moved the deprived-child, juvenile delinquent, adoption and paternity statutes from Title 10 to newly-created 10A and inexplicably renumbered them all, thus making it harder to find the law you're looking for). Sometimes I wish that Congress, the Oklahoma legislature, and the various agencies overseeing these issues would sometimes realize that less can be more, and better. Anyone want to make a bet as to how likely that is? Yeah, I know, but you can always hope. Because sometimes the horse does learn to sing...
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