Care and Protection

Question 1

Police considerations following arrest of caregiver: (6)

Answer 1

determine if the arrestee is responsible for dependents

inform dependents of what is happening

reasonable alternative to arrests or the manner which the arrest is made

Provide reasonable time and access to arrange for substitute care

provide immediate supervision until an appropriate caregiver arrives +

Document intervention/ provide reasonable care for any children or dependents left behind.

Question 2

119/24-26 Legal Procedure known as ____ ____ _____
its purpose is to remove children from abusive and unsafe environments when there is no other alternative

Answer 2

Care and protection

Question 3

Who can Initiate Care and Protection: (2)

Answer 3

1)Any Person can initiate but…

2)Department of Children and Families Social worker typically begins the process

CP is for Child under 18 within jurisdiction of the court

Question 4

5 reasons for Care and protection

Answer 4

Lack of proper physical or educational care

Circumstances damaging to character development

Lack of proper attention by the custodial caretaker

Child is sexually exploited

Custodian unwilling, incompetent or unavailable to provide care.

Question 5

A child is abandoned temporarily or permanently

At risk due to an intoxicated or abusive parent

At risk due to any other circumstances
These are all found when a ……

Answer 5

police intervention reveals an emergency situation

Question 6

The two Field procedures for child removal Police Action:

Answer 6

1)Remove child from the situation and notify DCF
or
2)Keep child at location and notify DCF for removal decision

Always file a 51A

Question 7

DCF petitions the court that there is reasonable cause that the child is suffering from or is in immediate danger of serious abuse or neglect and immediate removal is necessary to protect the child this is what process ?

Answer 7

DCF removal for care and protection

Question 8

Court order to transfer child up to 72 hours
Follow up hearing to decide if temporary custody should continue until case heard on the merits
This occurs after ?

Answer 8

After DCF removal from home

Question 9

When officers accompany DCF employees, gain entry, keep the peace and ensure the child is removed safety

Answer 9

Police assistance for removal of
Child
*police assistance does not allow
Search for evidence

Question 10

Court Process for Child removal
Hearings:(3)

Answer 10

1)Hearing on merits must show child in need of care and protection(DCF must show CURRENT parental unfitness)

2)The court may consider information from a variety of sources

3)The court must enter a final judgement within 15 months after the case is filed.

Question 11

Child removal court different dispositions (3):

Answer 11

1)Commit child to DCF until 18 years old or until reason for commitment accomplished

2)Leave child with parents and impose conditions

3)Transfer temporary legal custody of the child to DCF, a qualified agency or a qualified individual

Question 12

The court must hold ___ ____ every 12 months for any child in DCF care

Answer 12

Permanency hearing
Determines:
Returned to parents
placed for adoption
referred for legal guardianship
placed in a permanent care with relatives
placed in another permanent, planned living arrangement

Question 13

AGE 18-22
DCF shall help them who has been under their custody and care
The party, parent or guardian must consent in writing to further assistance
90 days before termination of the arrangement DCF must create a transition plan

Answer 13

Young Adult

Question 14

Police provide ____ _____ in Care and protection

Answer 14

*Crucial Testimony
Exclusionary rule does not apply in Care and protection
Even unlawfully obtained evidence is considered.

Question 15

Children under age ______ can make out of court statements concerning sexual abuse ?

Answer 15

10 years old
*The child, at the time they made the statements must have been under 10 years old. However the child may be any age at the time of the legal proceedings.

Question 16

At the time of a legal proceeding involving sexual abuse a child maybe be unavailable because ?(6)

Answer 16

1)The child is dead or physically/mentally unwell

2) A legal privilege shields the child from testifying

3) The child testify to lack of memory

4) The child is absent and reasonable efforts have been made to get the child to attend

5)A treating clinician proves testifying would cause sever psychological or emotional trauma

6) The child is not competent to testify

Question 17

The hearsay statement involving sexual abuse in a legal proceeding MUST be reliable because :(2)

Answer 17

1) The child testimony was subject to cross examination and recorded during a prior judicial hearing under oath
or
2) The current Judge met with the child and the person who received the allegation of abuse. (The judge ways many factors including clarity, time, content and the child ability to understand the consequences of allegations)

Question 18

How often is DCF required to inspect foster homes ?

Answer 18

Once every 12 months

Question 19

Who has sweeping oversight authority concerning the quality of treatment and services received by children from state agencies ?

Answer 19

Child Advocate (Created by Mass General Law chapter 18C)