Children's Services Final

Question 1

Analogue studies-

Answer 1

Allows researchers to examine issues that cannot be addressed in field studies. Shows that memory is multiply determined, depending, for example, on characteristics of the child and the setting in which memory retrieval occurs. They use mundane experience (playing games), fictitious experiences (events that were never experienced), or naturally occurring stressful experiences (medical procedures) to determine the accuracy child reports and how to best interview the child. A child’s suggestibility and tendency to make false reports can be examined scientifically.

Question 2

Cognitive interview

Answer 2

Can be used with adults and older children to obtain extensive and accurate reports. Based on basic principles of memory cognition, and communication. They are given specific directions on how to facilitate the recall of details, conversations, and names.
Requirements:
1. Reconstructs mentally the personal and environmental context at the time of the crucial event.
2. Report everything
3. Recount the event in a variety of orders and from a variety of perspectives.

Question 3

Structured interview process-

Answer 3

They differ from ordinary conversations. They have definite purpose, question-answer format, and a well-fined goal

Question 4

Unstructured interview

Answer 4

Interviewers follow the child’s lead. (ill-advised)

Question 5

Structured (NICHD)-

Answer 5

Exact wording of questions is scripted.

Question 6

Semi-structured (finding words)

Answer 6

Interviewers follow questioning guidelines and cover pre-determined topics, selecting from a tool kit of strategies

Question 7

Flexible (NCAC)

Answer 7

Middle ground between structured and semi-structured

Question 8

Interview protocols-

Answer 8

Most use a phase/stage approach. The most extensively studied forensic interview protocol with NICHD developed by Michael Lamb. Examined the quality of children’s memory reports in relation to such factors as age, rapport building, open-ended questioning, use of drawings, and numerous other factors. Practice answering question questions yields greater amounts of information in filed studies and greater accuracy in recall.
Initial Preparatory Phase
1. Introduction
2. Rapport development
3. Promise to tell the truth, narrative practice, instructions
Getting Information
1. Invitation fro free recalls e.g. what happened?
Closure
1. Re-composure if the child is upset
2. Time for the child to ask questions.

Question 9

Interview settings

Answer 9

Age appropriate, private and child friendly setting with minimal distraction.Private interview are recommended because studies have shown that children are more reluctant to accuse adults of wrongdoing if the adult or a peer are present. Therefore do not assume that a parent’s presence will decrease the child’s stress. There may be times when a child’s protest cannot be reassured and a support person may be assigned to them for a short period of time.

Question 10

Interviewer styles-

Answer 10

They should strive to remain objective and neutral. The interviewers should explore alternative hypothesis and keep bias in check. They will be more successful if they provide a supportive but non-suggestive atmosphere. Provide social support through eye contact, relaxed body, smiling, and being warm. It has shown to help children be more resistant to misleading questions and to improve interviewing performance without contaminating their accounts of nun-abusive events. However it is critical that supportiveness not become selective reinforcement.

Question 11

Multiple interviews-

Answer 11

Excessive interviewing of young children using suggestive techniques can be detrimental to the accuracy of their reports. However, repeated non leading questions tend to uncover new details. Researchers have not found a detrimental effect of repeating open-ended questions of WH-(who what, where, why , when) questions. However, repetition of yes/no questions can be problematic.

Question 12

Age factors

Answer 12

Young children are more likely to sway to suggestive pressures than older children. They are more inclined to assume that adults are knowledgeable and do not want to disappoint them, which increases their vulnerability to suggestion.

Question 13

Interview questions

Answer 13

Two ways to think about questions:
1. Format/form
2. Content-What do you really want to know?
Phrasing Questions:
1. Phrase in the language and vocabulary of the child.
2. Do not overload or use long questions
3. Simplify language
4. Avoid concepts that are difficult for age (time/number)

Question 14

Continuum of questions

Answer 14

1. Narrative Invitation- “tell me everything that happened”.
2. Focus narrative request- “Tell me about your father?”
3. Recall memory- most reliable and credible. Non-leading. Child supplies details
4. Detail Question- “Who was home that night”
5. Multiple question choice- “where you in the bathroom or a bedroom”
6. Yes/no question- “do you know the person who touched you”. Can be bias
7. Leading question- “did you father touch you”
8. Recognition memory- last preferred.

Question 15

Juvenile Delinquents:

Answer 15

Illegal conduct by a minor that would be a crime if committed by an adult.

Question 16

Status offenders

Answer 16

Conduct that is not a crime if committed by a adult. It is a crime by virtue of being a minor. (Running away, truancy, drinking)The courts have authority over ungovernable children who refuse to obey the reasonable demands of their parents

Question 17

Abused and neglected children court cases

Answer 17

Courts have author to intervene in the family to protect children from abuse and neglect. However they must be aware of their duty to protect all parties under the law. They work in partnership with CPS, and in most cases CPS workers decide not include the juvenile court and CPS decides to offer services.

Question 18

Burden of proof

Answer 18

1. Beyond reasonable doubt- Most difficult to meet (%95)-
   IWCA requires this level of proof to terminate parental rights.
2. Clear and conniving (%75)-To sever parental rights CPS must prove parental unfitness by clear and convincing evidence.
3. Preponderance-least demanding and easiest to meet (%51)-CPS has the burden of proof in cases and must prove maltreatment by a preponderance of proof

Question 19

Juvenile Justice and Delinquency Prevention Act

Answer 19

(1974)-Law requires states receiving federal funds to stop institutionalizing status offenders in facilities for juvenile delinquents.

Question 20

Investigation Worker:

Answer 20

Investigates reports of abuse/neglect and decides whether or not the report should be substantiated. He or she will make a recommendation about the removing of a child from the home and write an affidavit explaining the circumstances of the case.

Question 21

Permanency Planning Worker

Answer 21

Works with the family to develop a treatment plan, which lists the steps that must be taken for the child to return home. Visits the child and family regularly and monitors progress on the treatment plan. Reposts on their progress to the judge.

Question 22

Guardian ad Litem

Answer 22

The court appoints a GAL to every child under the age of 14. The GAL’s job is to represent the child interest of the child. If the child is 14 or older the court will appoint a Youth Attorney.

Question 23

Parents Attorney

Answer 23

Parents involved in abuse/neglect case are named as respondents. Respondents have a right to an attorney and if they cannot afford one, an attorney will be appointed by the court. The respondent attorney is required to meet with the parents, help them understand their rights, and represent their wishes in court.

Question 24

Court appointed special Advocate (CASA):

Answer 24

A trained volunteer who meets with the child and others involved in the case. The CASA prepares a report to the court about how the child is doing and makes recommendations about what is believed to be in the child’s best interest.

Question 25

Local Citizen Board of Review

Answer 25

A group of trained volunteers from the community. If a case stays in court long enough to reach an initial Permanency Hearing, the CRB will meet to review the case and make recommendations to the judge. The CRB will talk to everyone involved in the case to seek input and comments about the case.

Question 26

Children’s Court Attorney

Answer 26

Represents CPS and puts the basic facts of the case into writing and presents them to the judge. In court the CCA argues CPS cases as to why the child should or should not be in custody.

Question 27

Foster Family

Answer 27

Parents who are trained and licensed to provide safe and stable care for the child.

Question 28

Exigent circumstances

Answer 28

Reasons to not notify parents of a visit must reach one of the elements:

  1. It will place child in harm to notify parent about interview/visit
 2. It will negatively impact ability to complete investigation.

Question 29

Critical elements of ASFA

Answer 29

1. Requires states to consider termination of parental rights for children who have been in foster care 15 out of 22 of the previous months. Push toward termination is not required if child is living with relative.
   
   2. New time frames for permanency hearings were changed from 18 months to 12 months.
   3. Reasonable Efforts to reunify family or terminate rights.

Question 30

Plea-bargaining

Answer 30

Settling in Detention hearing. An agreement is made between attorneys of a fair and just resolution of the charges without a trail and then brought to the judge for review. If the judge accepts the agreement the child is then subject to the Juveniles court jurisdiction and becomes a “dependent of the court”. A deposition is made to outline the goals for the family. If the family does not take the plea bargain then the case goes to trial in the Adjudication hearing. Only a small percentage of cases go to trial (10%)

Question 31

Decision to involve the Juvenile Court

Answer 31

1. Maltreatment is serious
2. When the abused child is at risk
3. When it is unsafe to leave the child in the home
4. When maltreating parents increase risk to the child by refusing to cooperate.

Question 32

Emergency Removal of child from home is limited by the US constitution

Answer 32

1. 14th amendment guarantees all citizens due process of law. Given parents a constitutional right to live and raise children as they see fit.
   
   2. The 14th amendment protect citizens from unreasonable search and seizures by police and government social workers. They may not seize a child without parent consent, court order, or under exigent circumstances.
   3. Once child is removed in an emergency setting the requires CPS to immediately file a petition in JV court. Formal proceedings are commenced by filing a petition (aka pleading). The petition contains a brief description of the facts of the case. A copy of the petition is given to the parents so they are notified of the proceedings. Hearing is generally the next day.

Question 33

Detention/Custody Hearing

Answer 33

1. Held within 10 days of when the petition is filed in juvenile court.
   
   2. The judge decided if the child should stay in the temporary custody of CPS until the trial is held.

Question 34

Adjudication Hearing/trial

Answer 34

trial (If they do not settle)

1. Trial is held before the judge on the allegations involved in removing the child from  the home. It must be held within 60 days of the date that the respondent is served the petition. 
2. At this trial the Judge decides whether or not CPS has met the burden of proof and that the child has been abused or neglected.(rules of evidence apply, witnesses
3. Guardian ad lietm is assigned to child or a CASA. Parent has a right to an attorney.

Question 35

Dispositional Hearing

Answer 35

(If judge determines maltreatment has arisen)

1. Usually held at the same time as the Adjudication. If not, it must be held within 30 days of the Adjudication hearing.
2. At this hearing, the judge order the treatment plan that the parents must follow in order to have the child returned to home. 
3. Judge takes recommendations for attorneys, child, parents, and child advocates.

Question 36

Judicial Review

Answer 36

1. Held within 60 days of the Disposition
   
   2. The judge reviews the case and makes sure the treatment plan is being followed and that all the parties are doing what has been ordered.

Question 37

Permanency Hearing

Answer 37

1. Is an extremely important event
   
   2. Held within 6 months of the initial judicial review or within 12 months of a child entering foster care.
   3. Before the case goes to the permanency hearing, the local CRB meet to review the case and makes recommendation to the judge.
   4. At this hearing the judge hears from CPS, GAL, or youth attorney and possibly the CASA about whether or not he child can safely return home.

Question 38

Maltreatment

Answer 38

1% of children are abused in foster care.

Question 39

Prevalence of children in foster care

Answer 39

A. 500,000 are in foster care currently
B. AA 32%, Natives, 1%, whites 60%
C. 70%=neglect, 9% physical abuse
D. 48% live in foster care; 25% relatives

Question 40

Foster care re-entries

Answer 40

Children who reunify with their parents are sometimes re-abused and it leads to their re-entry into foster care. 
Factors:
1.	History of maltreatment
2.	Neglected children are at higher risk
3.	Domestic violence in the home
4.	Poverty
5.	Substance abuse
6.	Premature reunification.

Question 41

Types of adoptions

Answer 41

1. Step parent adoption (most common)
2. Adult adoption (to create inheritance rights)
3. Inter-country adoption
4. Adoption by adults who are not biologically related to the child.
   A. Agency adoption
   B. Adoption of children in foster care.
   C. Independent/Private adoptions
   D. Open Adoption

Question 42

Inter-country adoption

Answer 42

A. US adopts more children than any other country)
B. It is complicated and expensive
C. Comply with four laws: Laws of the country of the child’s birth, adoption laws od the US an state where the parents live, emigrational laws, international laws.
D. Some nations require parents to formally adopt the child in the child’s birthplace.

Question 43

Agency adoption

Answer 43

Parents relinquish their rights to a licensed adoption agency.
I. Agencies are either private or government
II. Have the legal effect of terminating the parent-child relationship
III. Biological parents generally never know identity of the adoptive parents.

Question 44

Adoption of children in foster care.

Answer 44

100,000 kids years are waiting to be adopted, and 51,000 get adopted).

Question 45

Independent/Private adoptions

Answer 45

Alternative to Agency adoption
I. The mother generally selects the adoptive parents and the parents receive the child immediately after birth.
II. The laws generally allow the birth parents a limited time (30 days) to change their mind and re-claim the child.

Critics: No pre-screening for adoptive parents. The adoptive parents typically pay the mothers living and medical expensive while she is pregnant. IT encourages illegal child selling. And immature mothers are pressured to give up their baby by wealthy adoptive parents and their attorneys.

Question 46

Open Adoption

Answer 46

With a recent change parents now have the option of an open adoption. Allow the adoptive parents to approve a continuing relationship between the child and the birth parents. No state requires open adoption; the decision is left with the adoptive parents. Most common forms of contact are pictures, videotapes, and letters.

Question 47

Impact of ICWA on adoptions

Answer 47

It is designed to reduce the number of Native American kids inappropriately being removed from their homes. It provides that only tribal courts can decide abuse and neglect cases involving Native American children whose permanent house is on the reservation. State Juvenile courts can make emergency order to protect Native children if found off reservation. Termination of parental rights requires evidence beyond a reasonable doubt. Consent for adoption may be written at any time for any reason up until the time a judge finalizes the adoption. ICWA requires efforts to place a child with the extended family or with a foster parents or adoptive parents approved by the court.

Question 48

ICWA off reservations

Answer 48

1. JV courts make decisions about removal but tribes must be notified.
2. The tribe has a right to join in the JV court proceedings
3. A state court judge cannot not place a Native child in foster care, unless the need for out of home care is established by clear and convincing evidence.

Question 49

Factors of preference for native adoptions:

Answer 49

1. A member of the child’s extended family
2. A non-relative member of the tribe
3. A member of a different tribe.

Question 50

Interstate Compacts

Answer 50

Intended to protect the interests of children who are placed across state lines for foster care or adoption. The receiving state has the right to approve or disapprove the transfer. The sending state is financially responsible for the child while the child is in the receiving state.

Question 51

Multiethnic Placement Act

Answer 51

Prohibits child welfare agencies from delaying adoptive placements on the basis of race.

Question 52

Children as witnesses

Answer 52

In child abuse cases the child may have to testify. The defense try’s to discredit the child’s statements during the trial to shake the juries confidence in the child’s creditably.

Question 53

Hearsay

Answer 53

“He said; She said” The law in all states is that hearsay is inadmissible in court unless the hearsay meets the requirements of an exception to rule against hearsay.

Question 54

Hearsay Exceptions:

Answer 54

1. The excited utterance exception
2. Medical Diagnosis or treatment exception:
3. Residual and child hearsay exception:
4. Fresh complaint:

Question 55

The excited utterance exception

Answer 55

A hearsay statement that relates to or describes a startling event. (Heat of the moment statement). To be admissible it must be made while the child is still under the emotional stress caused by the startling event.
A. Factors: Nature of event, lapse of time, emotional and physical condition, speech pattern, spontaneity and questioning, first safe opportunity and re kindled excitement. A hearsay statement that relates to or describes a startling event. (Heat of the moment statement). To be admissible it must be made while the child is still under the emotional stress caused by the startling event.
A. Factors: Nature of event, lapse of time, emotional and physical condition, speech pattern, spontaneity and questioning, first safe opportunity and re kindled excitement.

Question 56

Medical Diagnosis or treatment exception

Answer 56

Medical Diagnosis or treatment exception: it includes statements to professionals providing diagnostic or treatment services. The professional may be a physician, psychiatrist, nurse, social worker, paramedic, EMT, psychologist. This exception includes statements of medical history, states of present symptoms, pain, and the child’s description of the cause of injury or illness. Unlike like excited utterance the child does not have to be upset for the medical diagnosis or treatment exception to apply.

Question 57

Residual and child hearsay exception

Answer 57

Shedding light on reliability since it is hard to come by with child.
A. Always document: spontaneity, consistency, child affect and emotion, play or gestures that corroborate with child’s statement, developmentally unusual sexual knowledge, child’s knowledge of punishment if they state a false disclosure, motive to lie, medical evidence, change in behavior.

Question 58

Fresh complaint

Answer 58

Initial disclosure after event. It is an outcry. Once kid makes an outcry we must do a forensic interview because we don’t want to have to put the child through multiple interviews

Question 59

Mandated reporting

Answer 59

If you are a mandated reporter (any licensed professional), you are obligated to report any suspected maltreatment when you encounter it in the course of carrying out your professional duties. There does not have to be complete certainty of abuse only reasonable cause to believe it is occurring or has occurred. It supersedes mandatory confidentiality rules.

Question 60

Failing to report:

Answer 60

If you fail to report you could be charged with a fourth degree misdemeanor or license may be revoked. It is a considered a crime to fail to report. If the professional fails to report and the child is further abused or killed the professional can be sued for malpractice. (calling amorously does not leave a paper trial and thusly fails to leave hard evidence.

Question 61

False reporting

Answer 61

It is unlawful for any person to intentionally make a false report when they know the report to be false at the time. It generally happens with divorcing parents who want custody.

Question 62

Immunity from liability:

Answer 62

Prevents lawsuits of professionals who report abuse/neglect. If you make a report with reasonable suspension they cannot come back with accusations of a false report. Anyone reporting an instance of alleged child neglect or abuser participating in a judicial proceeding brought about as a result of a report required by reporting laws, is presumed to be acting in good faith and shall be immune from liability, civil or criminal, that might other wise be incurred or imposed by law, unless the person acted in bad faith or with malicious purpose

Question 63

Privilege

Answer 63

Ex: Information you share with an attorney). It is information that cannot be shared with the court. Only applies in legal proceedings. Client is always the holder of privilege, and has the power to release the information

Question 64

Confidentiality:

Answer 64

Cannot share with anyone unless court ordered. (clients rights)

Question 65

Subpoena

Answer 65

A subpoena cannot be ignored since it is court ordered, and disobedience of a subpoena can be punished as contempt of court. They are typically issued by a court and typically at the request of an attorney. It does not always mean you have to appear in court if you receive one (subpoena as testicandum). However, it may require you to produce records (subpoena duces tecum) You should always contact an attorney or supervisor before you take action. You may even want to tell you client, but never talk to the attorney who issued the subpoena.

Question 66

Expert witnesses

Answer 66

Before a professional can testify as a professional expert witness they must persuade the judge that they possess sufficient knowledge, experience, training, and education to qualify. They will partake in direct examination and of cross-examination where the defense tries to discredit their statements.
Forms: Opinion (most common), lecture, answer to a hypothetical question.

Question 67

Branches of criminal law

Answer 67

1. Criminal Procedure

2. Substantive Criminal Law

Question 68

Criminal Procedure:

Answer 68

Includes law governing police interrogation of suspects, the rights to remain silent, police searches of people and places, the process of criminal prosecution.

Question 69

Substantive Criminal Law:

Answer 69

Defines crimes, defenses, and punishments. Also defines, rapes, murder, burglary, theft, robbery, child abuse, etc.

Question 70

Indictment:

Answer 70

Formal charge or accusation of a crime

Question 71

Purpose of preliminary hearing:

Answer 71

Is for a judge to decide whether the prosecution has enough evidence to justify requiring the defendant to stand trial.

Question 72

Sixth Amendment:

Answer 72

Gives citizens the right to be informed of the charges, right to an attorney, right to a fair and speedy and public trial, right to a impartial jury, and the right to confront and cross-examine prosecution witnesses including children.

Question 73

Elements of crimes

Answer 73

Act (actus Reus)- Physical act of crime;

Intent (mens rea)

Question 74

Types of crimes

Answer 74

Types:
A. Most serious crimes are felonies. (Many years in prison)
B. A misdemeanor is a less serious crime (fine or jail up to one year)
C. An infraction or minor offense is the lowest crime (speeding ticket)
D. Manslaughter
E. Murder:
F. Battery

Question 75

Manslaughter

Answer 75

The killing of another human without malice.

1. Voluntary: Occurs when the deceased victim engaged in extremely provocative behavior that caused the defendant to lose control and lash out in fury. (Plays no role in child abuse)
2. Involuntary: occurs when the defendant lacks the malice required for murder, but kills due to criminal negligence.

Question 76

Murder

Answer 76

The killing of another human with malice afterthought.
1. Malice Meanings (mens rea): Intent to kill, intent to grievous bodily injury murder, depraved heart (no intent), and felony murder (death occurs while defendant is committing a felony

Question 77

Malice

Answer 77

(mens rea):

1. Intent to kill
2. intent to grievous bodily injury murder
3. depraved heart (no intent)
4. and felony murder (death occurs while defendant is committing a felony

Question 78

Battery

Answer 78

A harmful or offensive touching of another person without the persons consent.

1. Aggravated battery: including the use of deadly weapons is a felony.
2. Mayhem
3. Assault-attempt to commit a battery.

Question 79

Goal of criminal law

Answer 79

In the US federal and state governments have broad authority to establish and enforce criminal law (police power). The goals are to prevent crime and punish those who commit crimes.
A. The legislative branch uses police power to define crimes and prescribe punishments.
B. The judicial branch applies criminal law in individual cases.
I. Most serious crimes are felonies. (Many years in prison)
II. A misdemeanor is a less serious crime (fine or jail up to one year)
III. An infraction or minor offense is the lowest crime (speeding ticket)

Question 80

Principles of criminal law

Answer 80

1. Deterrence
2. Retribution
3. Incapacitation
4. Rehabilitation: Changes behavior and they get “fixed” so that can now function in society. However it assumes that they were functioning to begin with, which is not always true