Model court rules are intended to be used as a resource for those court communities interested in implementing and/or expanding juvenile court rules governing neglect, abuse, dependency and termination of parental rights cases. Those court communities interested in adopting rules governing child protection proceedings should evaluate carefully the possible benefits and drawbacks of each of the model rules provided. Evaluation should be a joint endeavor between all the parties involved in a child protection proceeding. It is important to consider how each rule will affect the court system, the child welfare agency, the parties in the proceeding, and the general public. To learn more about Scope, Purposes, Construction and Enforcement of Rules reference the Model Local Rules For Juvenile Court
Some questions to be considered during the development of local court rules include:
- What is the proposed rule intended to address? (Examples: reducing case continuances, establishing uniform practice and procedure for juvenile protection matters in the juvenile courts.)
- How will the rule address this need, who will be affected by the rule, and how? (What is the connection between the specific rule(s) to be implemented and their intended impact on individual court cases and the court community? Why do you believe this rule, as opposed to others you might have chosen, will be most effective?)
- Finally, the rule ultimately should be measured against the following question: will the rule advance or impede the desired outcome?
The model rules may need to be adjusted to take into account the realities of local court practice. Depending upon the local needs and circumstances, there may be additional issues to address that are not covered in the model rules. Your final product can be expected to look different from the model rules.