Article 7 Volume Four Flashcards
756-b. (Bard) Court review of placement in a qualified residential treatment program.
The provisions of this section shall apply when a respondent is placed on or after 09/29/2021 and resides in a qualified residential treatment program (QRTP), and whose care and custody were transferred to a local social services district
756-b. (Bard) Court review of placement in a qualified residential treatment program.
The provisions of this section shall apply when a respondent is placed on or after 09/29/2021 and resides in a qualified residential treatment program, and whose care and custody were transferred to a local social services district
756-b. (Bard) Court review of placement in a qualified residential treatment program.
The social services district shall report any anticipated placement of the respondent into a QRTP to the court and the attorneys for the parties/AFC no later than_________ following either the decision to place the respondent in the QRTP or the actual date the placement change occurred, whichever is sooner.
Such notice shall indicate the date that the initial placement or change in placement is anticipated to occur or the date the placement change occurred, as applicable.
If such notice lists an anticipated date for the placement change, there must be notification of the date the placement change occurred no later than ______________ following the placement change.
one business day …….. one business day
756-b. (Bard) Court review of placement in a qualified residential treatment program.
If a respondent is placed in a qualified residential treatment program or there is a change in placement upon notice of placement or change in placement, the court must schedule an assessment of the placement
The assessment will determine whether the placement is still necessary and appropriate.
Such assessment shall occur not later than ____________ after the initial placement begins or there is a change of placement.
Sixty (60)days
756-b. (Bard) Court review of placement in a qualified residential treatment program.
Within __________ of a respondent being placed in a qualified residential treatment program, the court will:
Review the assessment and documentation made by a qualified individual and determine if the respondent’s needs can be met in a foster family home or if a QRTP is the most effective, least restrictive and appropriate level of care consistent with Permanency Plan Goals.
Sixty (60) days
756-b. (Bard) Court review of placement in a qualified residential treatment program.
Approve or disapprove the QRTP placement.
Where the qualified individual determines that the placement of the respondent in a QRTP is not appropriate, the court may only approve the placement of the respondent in the QRTP if the court determines the following and states in the written order the reasons why:
- Circumstances exist that necessitate the continued placement of the respondent in the QRTP;
- there is not an alternative setting available that can meet the respondent’s needs in a less restrictive environment; and
- that it would be contrary to the welfare of the respondent to be placed in a less restrictive setting and that continued placement in the QRTP is in the respondent’s best interest
Nothing herein shall prohibit the court from considering other relevant and necessary information to make a determination.
756-b. (Bard) Court review of placement in a qualified residential treatment program.
Approve or disapprove the QRTP placement.
Where the qualified individual determines that the placement of the respondent in a QRTP is not appropriate, the court may only approve the placement of the respondent in the QRTP if the court determines the following and states in the written order the reasons why:
Circumstances exist that necessitate the continued placement of the respondent in the QRTP;
there is not an alternative setting available that can meet the respondent’s needs in a less restrictive environment; and
that it would be contrary to the welfare of the respondent to be placed in a less restrictive setting and that continued placement in the QRTP is in the respondent’s best interest
Nothing herein shall prohibit the court from considering other relevant and necessary information to make a determination.
756-b. (Bard) Court review of placement in a qualified residential treatment program.
If the court disapproves placement of a respondent in a QRTP, it will determine a schedule for the respondent’s return and direct the local social services district to make such other arrangements for the respondent’s care and welfare that is in the best interest of the respondent and in the most effective and least restrictive setting
The Court may issue a new order if necessary
756-b. (Bard) Court review of placement in a qualified residential treatment program.
If the court disapproves placement of a respondent in a QRTP, it will determine a schedule for the respondent’s return and direct the local social services district to make such other arrangements for the respondent’s care and welfare that is in the best interest of the respondent and in the most effective and least restrictive setting
The Court may issue a new order if necessary
756-b. (Bard) Court review of placement in a qualified residential treatment program.
Sua sponte or on the motion of any party/attorney, the court may review a QRTP placement by written records without a hearing if all parties agree.
If the court does review the placement without a hearing, it must issue a written order stating its findings and provide the order to the parties within ______________
five (5) days.
756-b. (Bard) Court review of placement in a qualified residential treatment program.
The court can review a placement in a qualified residential treatment program at the same time as another hearing for the respondent, as long as the review is completed within __________ of the start of placement.
Sixty (60) days
757- Probation.
The maximum period of probation shall not exceed _____________ , exceptional circumstances may require an additional ___________ of probation
An __________ awareness program may also be ordered
ONE (1) YEAR………… alcohol
Remember: 1 + 1
758-a Restitution.
In cases involving CHILDREN over (NEW) ___________ and less than (NEW) ____________ , the court may recommend as a condition:
-Restitution not to exceed $_____________ dollars,
-to replace property or damage and/or
-services for the public good in cases involving vandalism to grave sites and cemeteries,etc.
TWELVE (12) ……….. EIGHTEEN (18)…….. $1000.00
Take note: UR 205.65 indicates up to $1500.00 restitution as part of an ACOD
758-a Restitution.
If the court recommends restitution or requires services for the public good with an order of placement, the placement must be made to an authorized agency that has adopted rules and regulations to ensure the child’s safety and well-being and provide reports to the court not less frequently than every _____________ , unless the order provides otherwise.
The court, upon receipt of the reports may, on its own motion or the motion of any party or the agency, hold a hearing to determine whether the placement should be altered or modified.
six months
758-a Restitution.
If the court requires restitution or services for the public good as a condition of probation or suspended judgment, it must appoint an agency or person to supervise the restitution or services and they must report to the court not less frequently than every _____________ unless the order provides otherwise
The court may also allow a school district to supervise the performance of services for the public good
six months,
759- Order of protection
The court may make an order of protection setting forth all the standard conditions of behavior to be observed.
759- Order of protection
The court may make an order of protection setting forth all the standard conditions of behavior to be observed.
760- Duties of counsel.
It is the duty of the respondent’s ___________ to inform him of his rights to appeal and to serve and file the appeal on their behalf
counsel
760- Duties of counsel.
In absence of the counsel, it is THE DUTY OF ___________ to explain the appeal rights and the DUTY OF ______________ to file and serve the notice of appeal.
THE COURT…….. THE CLERK OF THE COURT
