Assuming that the number of new cases stayed the same, and that half of the first year's children left the court's jurisdiction by the start of the second year, the court would still have to hold 500 review hearings for the first year's children in addition to the 1,000 hearings for children newly placed in foster care. Thus, even it the number of new referrals remained constant, the number of court hearings would increase each year. The number is diminished only by the number of children aging out of the system, freed for adoption, or returned home. The first problem that a study will find, then, is that a cumulative caseload is inimical to judicial implementation of 96- 272. The caseload impairs the ability of everyone in court to do our jobs properly.
Attorneys fail to ensure that case plans are carefully reviewed.
Petitioning attorneys for child welfare agencies fail to build complete records in a timely fashion. Courts fail to insist that the options for children and families be fully explored, and that case plans be related to children's needs, and that they be implemented effectively. Any state's study is likely to make additional findings. The cumulative caseload has a number of consequences. The judicial system as a whole has too few resources to handle these cases properly.