AAPL Landmark - Questions on Child and Adolescent Issues Flashcards
The Education for All Handicapped Children Act (now known as the Individuals with Disabilities Education Act [IDEA]) was based on the expectation that all disabled children should have which of the following?
A) Tuition waivers for more individualized private schools
B) A free and appropriate public education
C) Placement in a special education classroom
D) Institutionalized education for the severely disabled
E) Access to specialized nonpublic schools
B) A free and appropriate public education
The minimum standard of proof for the termination of parental rights is:
A) Beyond a reasonable doubt
B) Preponderance of the evidence
C) Clear and convincing evidence
D) More likely than not
C) Clear and convincing evidence
Santosky v. Kramer
In Graham v. Florida, The USSC ruled that:
A) The sentence of “life without parole” is prohibited for individuals who committed any offenses under the age of 18.
B) The sentence of “life without parole” for individuals who commit nonhomicide crimes when under the age of 18 violates the 14th Amendment’s requirement for equal protection
C) The sentence of “life without parole” for individuals who commit nonhomicide offenses when under the age of 18 violates the 8th Amendment’s prohibition on cruel and unusual punishment.
D) The sentence of “life without parole” for individuals who commit nonhomicide offenses when under the age of 18 violates both the Eith and Fourteenth Amendments.
C) The sentence of “life without parole” for individuals who commit nonhomicide offenses when under the age of 18 violates the 8th Amendment’s prohibition on cruel and unusual punishment.
Roper v. Simmons (2005), Graham v. Florida
The importance of protecting psychotherapist-patient privilege is maintained by the following rationale:
A) The protection of privacy in a psychotherapist-patient relationship is thought to be important in establishing therapeutic alliance and to facilitate engagement in treatment
B) Law enforcement needs supersede psychotherapist-patient privilege
C) Mandated reporting of sexual abuse has a higher priority than reporting neglect
D) Police can compel physicians and therapists to testify in cases of sexual abuse involving minors.
E) Psychotherapists must weigh maintaining patient privilege when public safety concerns exist around sexual abuse
A) The protection of privacy in a psychotherapist-patient relationship is thought to be important in establishing therapeutic alliance and to facilitate engagement in treatment
An 11 y/o student with chronic renal failure and end-stage kidney disease requires hemodialysis multiple times weekly. The patient’s parents would like the child to have this service provided at school so as to minimally disrupt the educational process. Which of the following best describes the school’s level of responsibility to perform the procedure based on the precedent set by Irving Independent School District v. Tatro?
A) Transport the student to and from the procedure
B) Provide funding for the procedure
C) The school has no responsibility for the procedure.
D) Send a private tutor with the student to the procedure.
E) Perform the procedure at the school
C) The school has no responsibility for the procedure.
Schools provide “supportive services” not “medical services”
The principle utilized in Painter v. Bannister for the determination of child custody was:
A) The tender years doctrine
B) The best interests of the child
C) Least detrimental alternative
D) Primary caregiver standard
B) The best interests of the child
Painter v. Bannister
Juvenile Courts:
A) Have been a fixture in the U.S. since colonial times
B) Are a relatively recent invention, with the first juvenile court appearing in 1899 in Illinois
C) Like criminal courts operate under the parens patriae principle
D) Have always functioned similarly with respect to the roles and educations of attorneys and judges
B) Are a relatively recent invention, with the first juvenile court appearing in 1899 in Illinois
The holdings of the USSC in Santosky v. Kramer as they pertain to the termination of parental rights include:
A) The primary interest of the state in parental termination hearings is the best interests of the child.
B) While parents have an interest in preserving the family, the state has no such interest.
C) There are shared interests in an accurate and just decision at fact-finding proceedings, and the near-equal allocation of risk between parents and the state is unconstitutional.
D) The natural parents were not negligent, and the Santosky children should not have been removed.
C) There are shared interests in an accurate and just decision at fact-finding proceedings, and the near-equal allocation of risk between parents and the state is unconstitutional.
When federal and state laws differ about a disabled student’s entitlement to services, which of the following best summarizes the appropriate approach?
A) It is permissible to follow the state law if it has fewer mandates than the federal law
B) Both laws must be put before a legal professional who is an expert in case law to establish the best next step.
C) The parents can list their preference with regard to which law is followed based on the subsequent services to be provided
D) The state law applies when the state mandates services beyond federal requirements
E) The school district can choose the law that seems more applicable as long as it cites the reason for doing so.
D) The state law applies when the state mandates services beyond federal requirements
Among the constitutional rights afforded juvenile defendants after In re Gault are:
A) The right to an appeal
B) the right to a jury trial
C) The right to counsel
D) the right to bail and a speedy trial
C) The right to counsel
In re Gault held that juveniles had the right to notice of charges, to counsel, to confrontation and cross-examination of witnesses, and to privilege against self-incrimination
Implications of Santosky v. Kramer for children include:
A) Child protective services will have a more difficult time investigating neglect and abuse allegations
B) Some children will not be removed from abusive or neglectful homes because it is more difficult to find clear and convincing evidence of abuse or neglect
C) More funding was made available for child protective service around the country
D) Child protective services is able to remove children from abusive or neglectful homes more easily and efficiently than before
B) Some children will not be removed from abusive or neglectful homes because it is more difficult to find clear and convincing evidence of abuse or neglect
Concepts underlying the philosophy of the juvenile court include:
A) Closed proceedings and sealed records prevent discovery of procedural irregularities
B) The disposition should fit the offender rather than the offense in the rehabilitation
C) Punishment as an extension of just desserts
D) Punishment is reserved for only the most severe and heinous of crimes, such as rape and murder.
B) The disposition should fit the offender rather than the offense in the rehabilitation
A physician evaluates a child and is concerned about the potential for child abuse. The physician makes a report to child protective services, and the case is ultimately closed when no suspicious activity is found. The parents feel humiliated by the allegation and sue the physician for defamation and a violation of privacy. Which of the following most accurately represents the legal stance regarding this matter.
A) Courts in most states tend to prioritize the rights of parents, and the physician is potentially liable.
B) States vary greatly on the issue, and there is a little national consensus on the matter
C) The outcomes of these cases are most dependent on the testimony of the child.
D) Physicians who report in good faith are generally immune from liability for any damages
E) Parents are typically not allowed to bring suits against physicians for violations of privacy.
D) Physicians who report in good faith are generally immune from liability for any damages
A clear and convincing standard for the termination of parental rights is justified because:
A) Parental termination implicates a significant liberty interest, and parents who face removal of a child are often poor and uneducated and do not have the resources to oppose the state which may make it more likely with a preponderance of the evidence standard that errors will be made.
B) Parents have the right to reasonably discipline their children
C) DSS does not give parents assistance in reestablishing a weakened parent-child bond.
D) A liberty issues is not at stake
A) Parental termination implicates a significant liberty interest, and parents who face removal of a child are often poor and uneducated and do not have the resources to oppose the state which may make it more likely with a preponderance of the evidence standard that errors will be made.
Santosky v. Kramer
In DeShaney v. Winnebago, the main thrust of the ruling is based on the following principle:
A) Due process protections are the foundation for mandated child abuse reporting statutes.
B) The state has a duty to provide youth with adequate protection from all forms of abuse from parents
C) The state only has a duty to provide youth with protection from harm from state agents.
D) The Due Process Clause protects citizens against state actions and those of private citizens.
C) The state only has a duty to provide youth with protection from harm from state agents.
