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Final Flashcards

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1
Q

abuse

A

the infliction of physical, mental or emotional harm

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2
Q

Within ____ days after eligibility is determined, the IEP team must meet to develop the IEP

A

30 days

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3
Q

Is parental consent required to provide services delineated in IEP?

A

yes

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4
Q

emotional abuse

A

terrorizing a child; emotionally abandoning a child; corrupting a child sexually

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5
Q

neglect

A

acts or omissions by a parent resulting in harm to the child and could include failure to provide the child with food, clothing or shelter; failure to provide adequate supervision; or failure to use resources available to treat a diagnosed medical condition

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6
Q

medical neglect

A

failure to use resources available to treat a medical condition if such treatment will make a child substantially more comfortable, reduce pain and suffering, or correct or substantially diminish a crippling condition from worsening

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7
Q

sexual abuse

A

interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child or another person; can include encouraging a child to engage in prostitution, be photographed, filmed or depicted in pornographic material

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8
Q

What does CAPTA stand for?

A

Child Abuse Prevention and Treatment Act

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9
Q

Goals of CAPTA

A
  1. establish federal programs for research on the causes and consequences of child abuse and neglect and for implementation of programs of best practice in the states
  2. Provide the individual states and Indian tribes with a mechanism for accessing federal dollars to support their efforts to respond to cases of child abuse
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10
Q

Purpose of CAPTA

A
  • standards for child abuse and neglect reporting

- standards for investigation

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11
Q

What does ASFA stand for?

A

Adoption and Safe Families Act

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12
Q

What standard does ASFA require?

A

reasonable efforts to keep family together and reasonable efforts to reunify family

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13
Q

What does MEPA-IEP stand for?

A

Multiethnic Placement Act and the Interethnic Placement Provisions

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14
Q

What is the purpose of MEPA-IEP?

A

prohibits from considering race, color, or national origin in placing children in foster care

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15
Q

MEPA-IEP doesn’t apply to _____.

A

ICWA children

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16
Q

What does PSTSFA stand for?

A

Preventing Sex Trafficking and Strengthening Families Act

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17
Q

What are some of the main goals of PSTSFA?

A

keep siblings together
maintain stability
focus on normalcy

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18
Q

domestic violence

A

focuses on a pattern of control over partner

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19
Q

situational domestic violence

A

violence that occurs only in response to a specific lone situation

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20
Q

_____ to ______ is how cases close.

A

pathways to permanency

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21
Q

What does UCCJEA stand for?

A

Uniform Child Custody Jurisdiction and Enforcement Act

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22
Q

What does FERPA stand for?

A

The Family Educational Rights and Privacy Act

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23
Q

FERPA says that only ______ can have information about the child from the school.

A

parents

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24
Q

What does IDEA stand for?

A

Individuals and Disabilities Education Act

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25
Q

What are the three types of batterers?

A

sadistic, survival-based, and entitlement-based

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26
Q

What does OPPLA?

A

other planned permanency living arrangement

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27
Q

What does OPPLA?

A

other planned permanency living arrangement

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28
Q

ASFA made _________ the primary focus of the law.

A

safety, permanency, and well-being of the child

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29
Q

When can race, color, or origin be considered under MEPA-IEP?

A

only when it is in the best interest of the child and the situation is unique and individual because of the child’s age and maturity

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30
Q

When can race, color, or origin be considered under MEPA-IEP?

A

only when it is in the best interest of the child and the situation is unique and individual because of the child’s age and maturity

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31
Q

The Independent Living Program was established under the ______ Act.

A

Chaffee

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32
Q

What are some of the goals of Fostering Connections?

A

increased support for kinship care, increased support for older foster youth, requires agency to find relatives and notify them

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33
Q

What changes did PSTFA make to the requirement to find relatives under Fostering Connections?

A

Relatives who are noticed about a removal of a child into care now also includes notice to custodial parents of a sibling or a half sibling

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34
Q

PSTFA focuses on _________ for foster children.

A

normalcy

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35
Q

Foster parents have to be trained in the _______ standard to emphasize normalcy.

A

reasonable and prudent parenting standard

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36
Q

PSTSA Sec 113

A

for all youth over 14

  1. must have involvement in case plan and can have up to 2 persons the youth has chosen at the case plan meetings
  2. must be told of their rights at case plan meetings and given Foster Youth Bill of Rights
  3. Must have transition planning and annual credit checks
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37
Q

OPPLA cannot be a goal until the child reaches the age of

A

16

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38
Q

At every permanency hearing what must be documented (under PSTSFA)?

A

the “intensive, ongoing unsuccessful efforts” to attempt other goals–including using social media to find family

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39
Q

At every permanence hearing for an OPPLA youth:

A
  • Child must be asked about the desired perm outcome;
  • Court must specifically rule why APPLA is still best plan for child and why it is still not BI to return child home, free child for adoption or place child with guardian or fit and willing relative;
  • That foster family is using “reasonable and prudent parenting” standard; and
  • That child is being given regular, ongoing, opportunities to engage in developmentally appropriate activities
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40
Q

What is the CINC process?

A
  1. Report of abuse and investigation
  2. Child taken into custody
  3. Temporary custody hearing
  4. Adjudication
  5. Disposition
  6. Termination/adoption
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41
Q

If a child comes into custody, a temporary custody hearing must happen within _____ hours

A

72

42
Q

What happens at a temporary custody hearing if the court makes a finding that there is probable cause to believe the child will sustain harm if left in the home and that it is contrary to the child’s best interests to remain in the home?

A

the court will place the child in temporary state custody, issuing a temporary custody order (TCO)

43
Q

Within ______ days of the temporary custody hearing, the court will have an adjudication hearing

A

60

44
Q

What happens at an adjudication hearing?

A

the court determines if the petition is true beyond a preponderance of the evidence

45
Q

What is an OIS?

A

an order of informal supervision; it can be ordered at an adjudication hearing and causes the case to continue without a finding of adjudication (can last for up to one year)

46
Q

A disposition hearing will be set within ____ days of the adjudication.

A

30

47
Q

What happens at a disposition hearing?

A

the court adopts a permanency plan goal (involves either reintegration, adoption/permanent custodianship, or APPLA)

48
Q

How often do permanency hearings occur after removal?

A

at least once every year

49
Q

What happens at a permanency hearing?

A

the court examines whether or not the agency has made “reasonable efforts” towards the permanency plan goal and the agency makes recommendations, which may include a case plan goal change

50
Q

What happens if the court makes a “no reasonable efforts” finding at a permanency hearing?

A

there are adverse financial consequences for the agency/state of Kansas

51
Q

What happens if the court makes a finding that reintegration is no longer viable and changes the case plan goal to one of adoption?

A

the petitioner is directed to file a motion to terminate parental rights within 30 days

52
Q

Within ____ days of the filing of the motion to terminate parental rights, the court will hold a termination hearing.

A

120

53
Q

What is the burden of proof at a termination hearing for finding the parent unfit?

A

clear and convincing evidence

54
Q

What must the court find in order to terminate parental rights?

A

that the parent is unfit by reason of conduct or condition which renders the parent unable to care properly for a child and the conduct or condition is unlikely to change in the foreseeable future

55
Q

What cases permit same-day responses for CINC investigations?

A
  • child under 1
  • kid said they are afraid to go home
  • there are marks or bruises that may go away in 72 hours
56
Q

All other cases that don’t permit same-day responses for CINC investigators will be investigated within _____ hours.

A

72 hours

57
Q

What are the criteria for an ICWA child?

A
  • unmarried
  • under 18
  • enrolled in or eligible for enrollment (biologically) in a federally recognized Indian tribe
58
Q

ICWA only applies in these types of case:

A

-when physically removing from parents or
-parents giving up or terminating parental rights
(custody situations)

59
Q

What is the burden of proof for the termination of parental rights in an ICWA case?

A

beyond a reasonable doubt

60
Q

What is the burden of proof for foster care in ICWA case?

A

clear and convincing evidence

61
Q

ICWA does not apply in these situations:

A
  • juvenile detention proceedings
  • divorce custody proceedings
  • when placement is temporary (i.e. guardianship)
62
Q

What are the main points of ICWA?

A
  • Determination of the Indian Child (the ask)
  • Notice to the tribe and parents
  • Evidence for removal
  • Expert witness
  • Active efforts
  • Placement preference
63
Q

What evidence for removal into foster care is needed for ICWA children?

A

clear and convincing evidence that continued custody of a child by the parent is likely to result in serious emotional pr physical damage to the child

64
Q

What burden of proof is needed for termination for ICWA children?

A

beyond a reasonable doubt

65
Q

Determinations for removal and for ICWA children require ______.

A

qualified expert witness

66
Q

Individuals who are most likely to meet the requirements to be a qualified expert witness are:

A
  • tribal members recognized by community as knowledgeable in tribal customs (as they pertain to family organization and childbearing practices)
  • professionals in children’s services withe extensive cultural knowledge
  • a professional with experience in their specialty
67
Q

What are the 5 permanency goals (in descending order)?

A
  1. safe reunification
  2. adoption
  3. permanent guardianship
  4. permanent placement with a fit/willing relative
  5. APPLA
68
Q

domestic violence (battering)

A

a pattern of abusive and coercive behavior used to gain dominance, power, and control over an intimate partner

69
Q

definition of stalking

A

pattern of behavior directed at a specific person that would cause a person to fear for their safety

70
Q

definition of sexual violence

A

any sexual act designed to control another person

71
Q

What type of relationship is required for a PFA Order?

A
  • dated
  • reside or resided together
  • intimate partners
  • child in common
  • household members
72
Q

What type of injury is required for a PFA order?

A
  • cause bodily injury
  • attempted bodily injury
  • threat of bodily injury
  • sex acts with minor under 16
73
Q

What is required for stalking for a PFS?

A
  • intentional harassment of another person that places that person in reasonable fear for that person’s safety
  • conduct that seriously alarms, annoys, torments, or terrorizes
  • two or more incidents over time, however short, evidencing continuity of purpose
74
Q

within how many days must you have a hearing for a protection order?

A

21 days

75
Q

What are 3 exceptions to the due process requirement?

A
  • consent
  • emergency
  • special needs
76
Q

if a parent or other legal guardian _______ to search the residence or child, no probable cause or warrant is needed

A

gives consent

77
Q

consent must be judged by ________

A

the totality of the circumstances

78
Q

Consent must be given freely, and is ineffective when:

A

it is extracted under threat of force or under claim of government authority

79
Q

exigent circumstances

A

group of related exceptions to the probable cause and warrant requirements

80
Q

What qualifies as a special need under the exceptions to the warrant requirement?

A

balancing the need to search against the constitutional intrusiveness of the search

81
Q

What are examples of special needs circumstances under the exception to the warrant requirement?

A
  • random UA’s of athletes or government employees
  • airport screening
  • administrative inspections
  • DUI checkpoint
  • parole or probation waivers
82
Q

What is the balancing test for searches without a warrant?

A

balancing of the need for the particular search against the invasion of the personal rights that the search entails

83
Q

What does PKPA stand for?

A

Parental Kidnapping Prevention Act

84
Q

What is the purpose of the UCCJEA?

A

to resolve and prevent jurisdictional conflicts between states in custody matters (does not confer jurisdiction; it does state which state may proceed to exercise its jurisdiction)

85
Q

How does UCCJEA define the child’s “home state”?

A
  • the state in which the child involved lived with his parents or a parent or a person acting as a parent on the date of the commencement of the proceeding for
  • -at least 6 consecutive months
  • -in the case of a child less than 6 months old, from birth
  • -periods of temporary absence are counted as part of the 6-month period
86
Q

Under the UCCJEA, how does a state have jurisdiction over a child custody matter if it is not classified as the child’s home state?

A

If a court of another state does not have jurisdiction or the home state has declined to exercise jurisdiction, and

  • the child and at least one parent have a significant connection with that state, or
  • substantial evidence is available in this state concerning the child’s care, protection, training and personal relationships, or
  • all courts having jurisdiction have declined to exercise jurisdiction, or
  • no court of any other state would have jurisdiction
87
Q

What is the lockout provision of the UCCJEA?

A

a court of one state may not exercise jurisdiction if a proceeding is pending in the court of another state exercising jurisdiction substantially in conformity with UCCJEA (unless the proceeding is stayed by the court of another state on grounds that one state is a more appropriate forum)

88
Q

Under the UCCJEA,, if a petitioner has wrongfully taken the child and set up a home state, what will the court do?

A

the court shall decline to exercise jurisdiction

89
Q

When can a state modify a decree of another state under the UCCJEA?

A

only if that state has jurisdiction to make an initial determination and the court of the other state no longer has jurisdiction or none of the parties now reside in such state

90
Q

What is the purpose of PKPA (FPKPA)?

A

to determine which custody decrees are entitled to full faith and credit

91
Q

Does the PKPA or the UCCJEA apply internationally?

A

the UCCJEA does; PKPA does not

92
Q

How does PKPA define “home state” of the child?

A

the state in which, immediately preceding the time involved, the child lived with his parents
Or a parent
Or a person acting as a parent
For at least six consecutive months
In the case of a child less than six months old, from birth
Periods of temporary absence are counted as part of the six-month period

93
Q

What are the differences between UCCJEA and FPKPA?

A

UCCJEA:
-primarily determines which state shall proceed and which shall abstain
-treats emergencies separately
-contains provisions on enforcement of out-of-state custody orders
-applies internationally
FPKPA:
-primarily determines which custody decrees are entitled to full faith and credit
-treats emergencies as the third tier
-does not apply internationally

94
Q

What is the purpose of the ICPC?

A

it governs the placement of children from one state into another state

95
Q

What are the 3 things the ICPC ensures?

A
  1. children are placed in a safe and appropriate environment
  2. states remain legally and financially responsible for the children placed outside their borders
  3. children receive courtesy supervision by appropriate Child Welfare personnel in the state where they are placed
96
Q

What must happen prior to ICPC placement?

A

a home study must be completed in the receiving state and placement approval from the receiving state’s ICPC office must be obtained

97
Q

When does the ICPC apply?

A
  • when a custodial parent seeks to place a child in residential treatment or with a non-related adoptive family located out-of-state
  • when a child is in the custody of an agency, such as DCF, and the agency seeks to place the child in another state with a parent/relative or into a foster home, adoptive home, or residential care facility
98
Q

What are the ICPC time requirements?

A
  • federal law requires interstate home studies to be completed within 60 days
  • placement must be made within 6 months of approval
99
Q

What’s the difference between clinical and forensic interviews?

A

clinical=treatment

forensic=answers legal question

100
Q

Under Kansas law, when can an officer take a child under 18 years into custody without a warrant?

A

They shall take a child into custody when the law enforcement officer reasonably believes the child will be harmed if not immediately removed from the place pr residence where the child was found or the officer has probable cause to believe the child is a missing person

Children in the Law (1 decks)

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