Family Law : Quiz 2

Question 1

What level of evidence must be proved on a family offense petition?

Answer 1

a fair preponderance of evidence

Question 2

what do you have to show to file and succeed on a family offense petition?

Answer 2

1) a familial relationship exists between petitioner and respondent and 2) the type of crime committed is a family offense

Question 3

Familial Relationship

Answer 3

persons related by blood, persons legally married or formerly married, persons with a child in common, people who have been in an intimate relationship regardless of living situation

Question 4

factors in determining an intimate relationship

Answer 4

nature of relationship (regardless of sexual or not), frequency of interaction between the people, and the duration of the relationship

Question 5

crimes that are considered family offenses :

Answer 5

criminal obstruction of breathing or blood circulation, criminal mischief in the second degree, and stalking in the fourth degree

Question 6

Criminal Obstruction of Breathing or Blood Circulation

Answer 6

guilty when with intent to impede the normal breathing or circulation of the blood of another person they a) apply pressure on the throat or neck of such person or b) blocks the nose or mouth of such person (class A misdemeanor)

Question 7

Criminal Mischief in the second degree

Answer 7

guilty when with intent to damage property of another person, and having no right to do so, damages property of another person in an amount exceeding $1,500 (Class D felony)

Question 8

Stalking in the Fourth Degree

Answer 8

guilty when he intentionally, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct: causes fear of physical or mental harm for that person or related persons, or that his employment is threatened (class B misdemeanor)

Question 9

What are the requests associated with a family offense petition in court?

Answer 9

Full stay away order of protection on behalf of victim, child, or both; limited order of protection; mandated rehabilitative services; finding of aggravated circumstances

Question 10

what evidence do you need to show an order of protection violation?

Answer 10

clear and convincing evidence

Question 11

components to proving a order of protection violation…

Answer 11

1) lawful court order in effect with a clear mandate 2) person who allegedly violated the order must have actual knowledge of the order’s terms 3) alleged violation must have been willful

Question 12

modifications of order of protection

Answer 12

must be done formally through court with a standard to succeed of “upon good cause shown”

Question 13

where is Child Abuse and Neglect found in the Family Court Act?

Answer 13

Article 10

Question 14

what is always the main goal of family court?

Answer 14

fix and reunite the family, return the child to the parent (this should be the primary goal of ALL people involved with the cases)

Question 15

who are mandated reporters?

Answer 15

any doctor, social worker, school official, licensed mental health counselor etc

Question 16

where do DSS workers look before placing a child in foster care?

Answer 16

to see if there is any family willing and able to take the children in

Question 17

what are some effects of abuse and neglect on children?

Answer 17

maltreatment can be linked to later physical, psychological, and behavioral consequences

Question 18

what are some effects on children who are removed?

Answer 18

could experience difficulties with memory and executive functioning, trauma from removal and attachment issues

Question 19

what happens in the investigation stage?

Answer 19

a call is made to CPS by either mandated reporters of lay persons against a parent responsible for children; investigation is indicated or unfounded based on credible evidence

Question 20

what happens if an investigation is unfounded?

Answer 20

investigation ceased

Question 21

why happens if an investigation is indicated?

Answer 21

either a) the parent is indicted but not taken to court because they are compliant with voluntary suggestions made or b) parent is indicted and taken to family court because parents are not compliant or the safety risk is just too high

Question 22

what is DCFS looking for when they take parents to court in option 2?

Answer 22

1) they are always seeking to adjudicate the parents as having abused and neglected the children 2) looking to either mandate their involvement in programs and/or seek the removal of the children into interim foster care

Question 23

what is a neglected child?

Answer 23

a child less than 18 years whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his legally responsible to exercise a minimum degree of care

Question 24

first question for neglect analysis ?

Answer 24

has the Childs physical, mental, or emotional condition been impaired, or in imminent danger of becoming impaired?

Question 25

how to prove physical impairment

Answer 25

the child will have physical injuries of great magnitude or there is a substantial risk of physical harm to the child

Question 26

how to prove mental/emotional impairment?

Answer 26

a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive impulses, ability to reason, misbehavior

Question 27

second question for neglect analysis?

Answer 27

if there is impairment or a risk of in the Childs mental/physical/emotional state, is it linked to some action of inaction of the parent?

Question 28

how do you prove that impairment is linked to the parent?

Answer 28

if you can show they failed to exercise a minimum degree of care

Question 29

"minimum degree of care"

Answer 29

a minimum baseline of proper care for children that all parents, regardless of lifestyle or social or economic position, must meet

Question 30

third question in neglect analysis?

Answer 30

What are the types of actions/inactions a parent commits that is evidence that they have failed to exercise their minimum degree of care?

Question 31

what could be some actions/inactions for third question in the neglect analysis ?

Answer 31

drug use by the parent, parents mental illness, physical abuse of the child, domestic violence in the home, medical neglect of the child, sexual abuse, educational neglect, or inadequate food or shelter

Question 32

drug use by the parent as an action towards neglect

Answer 32

1)repeated misuse 2) the use had or would ordinarily have the effect of producing a substantial state of stupor // drug use while pregnant against both mom and dad // alcohol counts as well // drug sales in the presence of the child

Question 33

parents mental illness as an action towards neglect

Answer 33

a diagnosis is not neglect, the diagnosis would have to have an effect on the child and their life

Question 34

physical abuse of the child as an action towards neglect

Answer 34

intentional or reckless physical violence or threat of physical violence against the child

Question 35

domestic violence in the home as an action towards neglect

Answer 35

single incidents by the perpetrator that are not "severe" do not warrant a finding of neglect but may constitute neglect if it is severe // victim could also be found guilty of neglect in some cases

Question 36

medical neglect of the child as an action towards neglect

Answer 36

there must be a determination that the parent did not seek or properly accept medical care // appropriate medical care is context dependent, they are not required to seek medical attention for all injuries or conditions // failure to follow up can be found as neglect and religious reasons are not an excuse

Question 37

sexual abuse as an action towards neglect

Answer 37

corroboration is needed in these cases like witnesses, medical evidence, sexual abuse reports, post abuse symptoms injuries and behaviors can be corroboration too

Question 38

educational neglect as an action towards neglect

Answer 38

the parent has failed to meet the minimum standard of care in their efforts to secure an adequate education for their child and because of this, the Childs education was adversely affected

Question 39

inadequate food and shelter as an action towards neglect

Answer 39

poverty does not mean neglected but unsanitary and unsafe conditions of a home can sustain a neglect finding

Question 40

how long does a child have to be in foster care to file a petition to terminate the parental rights?

Answer 40

15 out of the 22 most recent months