Article 10 Volume 3 Flashcards
1031- Originating proceeding to determine abuse or neglect
A proceeding under this article is originated by the filing of a petition alleging __________ or ________
abuse or neglect
1031- Originating proceeding to determine abuse or neglect
Both ______ and _________ may be alleged in the same petition as well multiple children of the respondent
abuse and neglect
1031- Originating proceeding to determine abuse or neglect
At any time the court on its own motion may substitute a neglect petition for an __________ petition if there are no facts to establish abuse
abuse
1031- Originating proceeding to determine abuse or neglect
A proceeding under this article is originated by a child protective agency, and in the case the child was removed prior to the filing of the petition, the petition shall state the ______ and _______ of the removal and the circumstances necessitating such removal
date and time
1031- Originating proceeding to determine abuse or neglect
Where a child has been removed prior to the filing of a petition, the petition alleging abuse or neglect of said child shall state
- the date and time of the _________________,
- the _______________ necessitating such removal,
- the section of the FCA______________ the removal, and
- if the removal occurred without court order, the reason there was not ____________________ to obtain a court order
removal………circumstances…………. authorizing………… sufficient time
1031- Originating proceeding to determine abuse or neglect
A petition alleging abuse shall contain a notice that a finding that a child is severely or repeatedly abused by clear and convincing evidence, could constitute a basis to ___________________
terminate parental rights
1031- Originating proceeding to determine abuse or neglect
If a petition alleges that the respondent has failed to provide education to the child, the petition must recite the efforts made to resolve the issue before filing the petition and why filing a petition is the solution.
1031- Originating proceeding to determine abuse or neglect
If a petition alleges that the respondent has failed to provide education to the child, the petition must recite the efforts made to resolve the issue before filing the petition and why filing a petition is the solution.
**1032- Persons who may originate proceedings
The following may originate a proceeding under this article:**
- A _____________ agency
- A ___________ on the court’s direction
child protective……….. person
1033-Access to the court for the purpose of filing a petition
Any person seeking to file a petition shall have access to the court for that purpose; however a family court judge can require a person to first report to an appropriate child protective agency
1033-Access to the court for the purpose of filing a petition
Any person seeking to file a petition shall have access to the court for that purpose; however a family court judge can require a person to first report to an appropriate child protective agency
1033a- Initial appearance
The initial appearance is the date the respondent first appears before the court after a petition has been filed
1033a- Initial appearance
The initial appearance is the date the respondent first appears before the court after a petition has been filed
1033b- Initial appearance; procedures
At the initial appearance the court shall:
- Appoint an “_________________”
- Advise the respondent of the allegations and the right to an adjournment to obtain counsel
- The recitation of the allegations in the petition can be waived if the respondent’s counsel consents and the respondent has been provided with a copy of the petition and an explanation of the allegations by the counsel. The respondent must acknowledge receipt and explanation.
- Appoint counsel to indigent respondents
- If the child has been removed, advise the respondent of the right to a hearing for the return of the child, and such hearing may be requested at any time
- Inquire with the child protective agency if they intend on proving by____________________ that the child is severely and repeatedly abused
attorney for the child ……… clear and convincing evidence
1034- Power to order investigations
A family court judge may order the child protective service to conduct a child protective investigation and report its findings to the court in any proceeding under this article or simply to determine whether a petition should be filed
1034- Power to order investigations
A family court judge may order the child protective service to conduct a child protective investigation and report its findings to the court in any proceeding under this article or simply to determine whether a petition should be filed
1034- Power to order investigations
Before a petition is filed if it is suspected a child’s life may be in danger, the child protective services may seek a court order to have the parent or other person responsible for their care of the child, produce the child at a designated location and time for an interview of the child and observation of the child’s condition, outside the presence of the parent when:
- There is a report of suspected abuse or maltreatment
- The investigator has been unable to locate the child or any other children or has been denied access to the children
- There has been notice given to the parent or other person responsible for the child’s care that a denial of access to the children may result in an immediate court order to gain access to the children
1034- Power to order investigations
Before a petition is filed if it is suspected a child’s life may be in danger, the child protective services may seek a court order to have the parent or other person responsible for their care of the child, produce the child at a designated location and time for an interview of the child and observation of the child’s condition,outside the presence of the parent when:
- 1. There is a report of suspected abuse or maltreatment
- 2. The investigator has been unable to locate the child or any other children or has been denied access to the children
- 3. There has been notice given to the parent or other person responsible for the child’s care that a denial of access to the children may result in an immediate court order to gain access to the children
1034- Power to order investigations
- Before the petition is filed and if there is probable cause to believe that an abused or neglected child may be found on the premises, child protective services may seek an order allowing them to enter the home to determine if the child is present and evaluate their home environment.
The procedure for granting such an order shall be the same as for a __________ in the CPL very interesting, stump your friends with that one lol - The court shall be available for such requests made orally or in writing by the social services district “____________ “ , in person when the family court is open or by telephone to a family court judge when the court is not open
search warrant ……. AT ALL HOURS
1034- Power to order investigations
While the request is being made, law enforcement shall remain at the location where the children are suspected to be if law enforcement assistance has been requested, however they shall not enter the premises without a ____________ or constitutional basis for such entry
search warrant
1034- Power to order investigations
Where the court issues an order under this section, the child protective investigator within ____________ shall prepare a report to the court detailing his findings and actions taken
THREE (3) BUSINESS DAYS
1035- Issuance of summons; notice to certain interested persons and intervention
Where a petition has been filed where a child has been removed, unless a warrant is issued, the court shall cause a copy of the petition and a summons to be issued _______________ the petition is filed, clearly marked on its face “Child Abuse Case” requiring the parent or other person responsible for the child’s care to appear at the court within ______________ to answer the petition unless a shorter time for a hearing to occur is prescribed
the same day……….. THREE (3) COURT DAYS
1035- Issuance of summons; notice to certain interested persons and intervention
In a proceeding to determine abuse or neglect, the summons shall contain a statement informing the respondent that the proceeding itself or if the child is placed and remains in foster care for _________ of the most recent _______________ , may lead to the filing of a petition for the termination of the respondents parents parental rights
FIFTEEN (15) ……… TWENTY TWO (22) MONTHS