Child Adandonment and nonsupport

Question 1

How many days old can an infant be for DCF to accept placement into foster care after the infant has been placed at a designated facility (Hospital, police station or manned firehouse)

Answer 1

7 Days of age or less

Question 2

The designated facility receiving the infant shall ________ _____ DCF. DCF shall take immediate custody of the baby and attempt to permanently place the infant

Answer 2

Immediately notify

Question 3

The person accepting a newborn at a designated facility shall make every effort to solicit the following __________ from the parent placing the infant

Answer 3

Information
(Example: Name, Address of parents, Birthplace, Infant medical history,and family health history. The person should encourage the parents to provide this information but the parent is not required to do so)

Question 4

This type of __________ shall not by itself constitute abuse or neglect or a violation of any criminal statue
( infant drop off )

Answer 4

abandonment
(However if the child presents with any other signs of abuse or neglect then a 51A will be completed)

Question 5

Elements for Abandonment for a Child under 10

Answer 5

Any parent or person with a legal duty to care for a child under 10 years old may not physically abandon or fail to provide room and board for the child.

Question 6

Right of Arrest for Abandonment of Child Under 10 and child lives :

Answer 6

Arrest for breach of the peace in presence otherwise complaint

Question 7

Right of Arrest for Abandonment of a Child Under 10 and Child dies

Answer 7

Felony

Question 8

Being Left without any provisions for support,and without any person responsible to maintain care, custody and control because the whereabouts of the person responsible is unknown and reasonable efforts to locate such person have been unsuccessful. Is the definition of ________?

Answer 8

Abandonment
(Note: A brief and temporary absence shall not constitute abandonment)

Question 9

Who conceals the death of the issue of such parent, which if the born alive would be a child born out of wedlock, so that it cannot be ascertained whether it was born alive or, if born alive, was murder is the elements of what crime ?

Answer 9

Concealment of Death of Child Born out of wedlock
(Note:This offense is followed by a separate statue, 272/23, that allows a parent who is indicted for the murder of his or her infant, born out of wedlock, to also be charged with the crime of concealment)

Question 10

A spouse or parent is in violation of this law if they abandoned their spouse and/or minor child without making reasonable provisions for their support

Answer 10

Abandonment or Nonsupport of Spouse or Minor Child 273/1

Question 11

A spouse or parent is in violation of this law if they Left the commonwealth without making reasonable provisions for the support of their spouse and/or their minor child

Answer 11

Abandonment or Nonsupport of Spouse or Minor Child 273/1

Question 12

A spouse or parent is in violation of this law if they entered the Commonwealth from another state without making reasonable provisions for the support of his or her spouse and/or minor child domiciled in another state

Answer 12

Abandonment or Nonsupport of Spouse or Minor Child 273/1

Question 13

A spouse or parent is in violation of this law if they Willfully and while having the financial ability or earning capacity to have complied, failed to comply with an order or judgement for support entered pursuant to the laws of the Commonwealth or of another state

Answer 13

Abandonment or Nonsupport of Spouse or Minor Child 273/1

Question 14

Right of Arrest for Abandonment or Nonsupport of Spouse or Minor Child 273/1

Answer 14

Felony
(Important Note:Be sure to check with the Department of Revenue Child Support enforcement unit to coordinate any arrest, since they might be pursuing civil action and gaining cooperation from the.delinquent parent)

Question 15

The two goals of the Child support system in Massachusetts ?

Answer 15

1) Providing for the best interest of children

2) Ensuring that the taxpayers are secondary to the parents to meeting the financial needs of dependent children

Question 16

The defendant must ________ fail to pay an order for child support

Answer 16

Willfully
(Note: None payment alone does not establish willfulness)

Question 17

A child in a foster home or DCF custody is not considered __________

Answer 17

Abandoned
(Comm vs Riccardi: Child was in emergency DCF custody. When parents learned a sexual abuse case was being opened they parents fled to Canada. This cannot be abandonment of a child because she was left with reasonable provisions of support)

Question 18

Civil proceedings in Nonsupport of minor cases is no bar to __________

Answer 18

Prosecution
(Note: The court has the authority to suspend any civil punishment while the defendant complies with the support order. The court can also incarcerate the defendant on designated weekends, evenings or holidays while they retain employment and comply with the support order. The defendant maybe ordered to make restitution to the agency that took care of spouse or child financially)

Question 19

Warrant Management system includes ________ _______ arrest warrants

Answer 19

Child Support
(The Department of Revenue can ask for an arrest warrant through WMS when at least SIX months of support is owed. Defendant MUST be brought to issuing court, if the specific court is not open then party shall remain at the station until the next session. If the warrant remains outstanding for one year it is evidence for WILLFUL non support.)

Question 20

If nonsupport has been continuous, then a criminal complaint may be brought at any point while the child is under 18 and within ______ years after the child turns 18

Answer 20

6

Question 21

Which law is broken when a parent of a minor born out of wedlock Willfully neglects or refuses to contribute reasonably to the support of the child ?

Answer 21

Non Support of child born out of wedlock 273/15

Question 22

Which law is broken when a parent of a minor child born out of wedlock leaves the Commonwealth without making reasonable provisions for the support of the child ?

Answer 22

Non Support of child born out of wedlock 273/15

Question 23

Which law is broken when a parent of a minor child born out of wedlock enters the Commonwealth from another state without making reasonable provisions to support the child domiciled in another state ?

Answer 23

Non Support of child born out of wedlock 273/15

Question 24

Which law is broken when a parent of a minor child born out of wedlock willfully and having the financial ability or earning capacity to comply, fails to comply with an order, judgement for support pursuant to the laws of the Commonwealth of another state ?

Answer 24

Non Support of child born out of wedlock 273/15

Question 25

What is the right of arrest for Non Support of child born out of wedlock 273/15

Answer 25

Felony

Question 26

If a parent _________ paternity or is found by the court to be the parent, it is binding on the parties

Answer 26

acknowledges

Question 27

Under GL chapter 209D, a Massachusetts court has the jurisdiction over ___ _______ to establish and enforce child support orders

Answer 27

Nonresidents

Question 28

When a suspect must not receive or conceal an asset of another knowing this it is being transferred to avoid paying child support under Massachusetts law or under another state law, Similarly a suspect may not transfer the asset themself to avoid child support. This crime is ……..

Answer 28

Receiving, Concealing or transferring assets to Avoid payment 273/15B

Question 29

The right of arrest for Receiving, Concealing or transferring assets to Avoid payment 273/15B

Answer 29

Complaint

Question 30

What is the crime when a person who is 18 and over and possessed the sufficient means may not unreasonably neglect or refuse to provide support and maintenance of his father and mother in the Commonwealth; provided that the parent is unable to support themself ?

Answer 30

Neglect or Refusal to support Parent 273/20

Question 31

Right of arrest for Neglect or Refusal to support Parent 273/20

Answer 31

Complaint

Question 32

Neglect or Refusal to support Parent shall be deemed unreasonable if (2):

Answer 32

1) The child, while a minor, was not reasonably supported
or
2) The child, with a sibling, made proper and reasonable contributions

Question 33

What is the crime which prohibits the father or mother of any needy disabled person from unreasonably neglecting or refusing to provide support ?

Answer 33

Neglect or Refusal to support Disabled person 273/23

Question 34

Neglect or Refusal to support Disabled person right of arrest ?

Answer 34

Complaint