JC Ch. 2 - Care & Protection

Question 1

Police Considerations following arrest of a Caregiver:

How should officers inform dependents about what is happening?

Answer 1

Compassionately.

-Allow the arrestee to assure defendants they will be cared for

-Explain the reason for the arrest in age appropriate language

-Reassure them that they will receive appropriate care

Question 2

Police Considerations following arrest of a Caregiver:

Should you always ask about children or adult dependents at the scene?

Answer 2

Yes. They may not be visible when you arrive

*Must recognize that arrestees may lie because they are afraid the child will be taken by social services

-If there are clues that children or dependent adults may be present, attempt to make contact with them.

Question 3

Police Considerations following arrest of a Caregiver:

Consider reasonable alternatives to arrest, and the manner in which the arrest is made : (4 considerations)

Answer 3

1. Consider whether you can avoid arrest in situations where children or dependent adults are on scene
2. On the other hand, recognize that there might not be any safe or legal alternatives to arrest
3. If an arrest will occur, consider communicating with and/or handcuffing the offender outside the view of any dependents- especially children.
4. Do not unreasonably compromise officer or public safety.

Question 4

Police Considerations following arrest of a Caregiver:

Question 5

Police Considerations following arrest of a Caregiver:

Provide immediate supervision until an appropriate caregiver arrives. What is most important?

Answer 5

Most important: NEVER leave a child or dependent adult unattended or without appropriate care. Even if a defendant claims to have arranged for substitute care (ex my kids aunt is coming over, she lives next door), OFFICERS SHOULD NOT LEAVE UNTIL THE CAREGIVER ARRIVES ON SCENE AND IS BRIEFED ABOUT THE SITUATION. (ex Mr Jones is probably going to be released from the station 3 to 6 hours from now. Can you stay until he gets back?)

• If adequate arrangements cannot be made, transport dependents to a police station or social service facility for their protection.

Question 6

Police Considerations following arrest of a Caregiver:

If adequate arrangements cannot be made, transport dependents to:(2) a police station or social service facility for their protection.

Answer 6

(1) a police station or (2) social service facility for their protection.

Question 7

Police Considerations following arrest of a Caregiver:

Most important:

Answer 7

NEVER leave a child or dependent adult unattended or without appropriate care. Even if a defendant claims to have arranged for substitute care (ex my kids aunt is coming over, she lives next door), OFFICERS SHOULD NOT LEAVE UNTIL THE CAREGIVER ARRIVES ON SCENE AND IS BRIEFED ABOUT THE SITUATION. (ex Mr Jones is probably going to be released from the station 3 to 6 hours from now. Can you stay until he gets back?)

• If adequate arrangements cannot be made, transport dependents to a police station or social service facility for their protection.

Question 8

Police Considerations following arrest of a Caregiver:

Officers should always consider: (5)

Answer 8

1. Always determine if the arrestee is responsible for dependents.
2. Compassionately inform dependents about what is happening.
3. Consider reasonable alternatives to arrest, and the manner in which arrest is made.
4. Provide the arrestee with reasonable time to arrange for substitute care.
5. Provide immediate supervision until an appropriate caregiver arrives.

Question 9

Police Considerations following arrest of a Caregiver:

Document intervention: What should you document in your incident report? (4)

Answer 9

1. age
2. sex
3. condition
4. care arrangements

Question 10

True or false:

When officers arrest a caregiver, they avoid liability when they try to provide reasonable care for any children or dependent adults left behind.

Answer 10

True.

Also, citizens and courts respect when officers consider the presence of children in deciding whether to make an arrest.

Question 11

What is the purpose of Care & Protection?

Answer 11

to remove children from abusive and unsafe environments when there is no other alternative.

Question 12

Who may initiate Care & Protection?

Answer 12

Any person.

-However, a DCF social worker typically initiates the process.

Question 13

Care & Protection:

The court has jurisdiction over any child who is present within its geographic area, and over a:

Answer 13

parent or guardian who lives and takes care of a child within its geographic area.

Question 14

Grounds for Care & Protection:

Recognized type of improper care: (5)

Answer 14

1. Lack of proper physical or educational care; or
2. Circumstances damaging to character development; or
3. Lack of proper attention by the custodial caretaker; or
4. Child is sexually exploited;or
5. Custodian unwilling, incompetent, or unavailable to provide care.

Question 15

CRA Vs Care & Protection:

CRA- kids who are not making it in their home, running away etc.

Care & Protection is:

Answer 15

Parent or guardian is unfit, and the child needs protection.

Question 16

Field Procedures for Child Removal:

Type 1: Police on-scene intervention reveals emergency situation.(Police get there, and they call DCF)

Officers Encounter a child under 18 who is: (3)

Answer 16

1. Abandoned temporarily or permanently
2. At risk due to an intoxicated or abusive adult
3. At risk due to any other circumstances

Question 17

Field Procedures for Child Removal:

Type 2: DCF requests assistance to execute a court order to remove a child (DCF calls the police for help)

Police Role:

Answer 17

Accompany DCF employees, gain entry, keep the peace, and ensure the child is removed safely.

(police may enter private property to serve a court order)

Question 18

Field Procedures for Child Removal:

Type 1: Police on-scene intervention reveals emergency situation.(Police get there, and they call DCF)

Officers Encounter a child under 18 who is (1) Abandoned temporarily or permanently (2) At risk due to an intoxicated or abusive adult (3) At risk due to any other circumstances

Police Action: (3)

Answer 18

1. Remove child from situation and notify DCF (police may remove child and notify DCF to respond to the station, hospital, or some other suitable location)
2. Keep child at location and notify DCF for removal decision
3. Always file 51A (even if DCF responds, this legal obligation applies)

Question 19

Audiobook:

The most important power that DCF has (you don’t have it, but they do) is that they can:

Answer 19

petition the court based on an emergency situation, and the court can issue DCF an order allowing them to transfer the child for up to 72 hours

At the end of 72 hours, there will be another court hearing to decide whether temporary custody with DCF should continue, or there may be some other arrangement- maybe its safe and appropriate for the child to return home.

Question 20

Field Procedures for Child Removal:

Type 1: Police on-scene intervention reveals emergency situation.(Police get there, and they call DCF)

DCF petitions the court that there exists: (2)

Answer 20

1. Reasonable cause that the child is suffering from or is in immediate danger of serious abuse or neglect; and
2. Immediate removal is necessary to protect the child. (A petition for emergency removal must allege specific facts, based on personal knowledge or reasonable belief, constituting “Improper care”

Question 21

A petition for emergency removal must allege specific facts, based on personal knowledge or reasonable belief, constituting: “Improper care”

Answer 21

“Improper care”

Question 22

DCF petitions the court that there exists:
1. Reasonable cause that the child is suffering from or is in immediate danger of serious abuse or neglect; and

2. Immediate removal is necessary to protect the child. (A petition for emergency removal must allege specific facts, based on personal knowledge or reasonable belief, constituting “Improper care”

Court order to transfer child for up to:

Answer 22

72 hours.

Question 23

Field Procedures for Child Removal:

Type 1:

Court order to transfer child for up to 72 hours.

Follow up hearing to decide if temporary custody should continue until case heard on the merits. The standard of proof at the 72-hour hearing is:

Answer 23

a preponderance of the evidence.

-because a “primary function of the 72 hour hearing is to discover and correct any errors that may have occurred during the initial hearing which, in the interest of expediency, most likely cannot be exhaustive”

Question 24

If the petition is filed by someone else, then notice of the impending proceedings must be given to:

Answer 24

DCF.

Question 25

Field Procedures for Child Removal:

Type 2: DCF requests assistance to execute a court order to remove a child (DCF calls the police for help)

Police entry with DCF does not justify:

Answer 25

a search for evidence.

Question 26

What is not permitted when police enter a home with DCF to remove a child?

Answer 26

a search for evidence.

If necessary based on observations, secure the home and get a search warrant.

Question 27

Care & Protection: Court process:

Hearing on merits must show “child in need of care and protection”. DCF must show “current parental unfitness by clear and convincing evidence”; this may not be based on stale information.

The court must enter a final judgment within:

Answer 27

15 months after the case is filed.

** This time limit may only be extended once, for a 3- month period , for a parent who has made substantial progress.

Question 28

Care & Protection: Court process:

Hearing on merits must show “child in need of care and protection”. DCF must show “current parental unfitness by clear and convincing evidence”

The court has 3 options:

Answer 28

1. Commit child to DCF (until 18 or until reason for commitment accomplished); or
2. Leave child with parents- and impose conditions; or
3. Transfer temporary legal custody of the child to DCF, a qualified agency, or a qualified individual. Involved parties may obtain review of their case every 6 months- although parents are not entitled to a review once their parental rights have been terminated

Question 29

The court must hold a permanency hearing every (blank) for any child in DCF care.

Answer 29

12 months.

Question 30

DCF services to young adults: 119 Sec 21 defines “young adult” as a person between ages:

Answer 30

18 and 22.

Question 30

Permanency Hearing:

Once a parent agrees to terminate their parental rights, do they still have the right to participate in a placement hearing of their child?

Answer 30

No.

Question 31

Under 119 Sec 23, DCF shall offer to help any young adult (18-22) who has been under its custody or care. The young adult, or his or her guardian, must consent in writing to further assistance, unless (2)

Answer 31

1. before reaching the age of 18, the person was declared mentally incompetent; or
2. DCF functions as the young adult’s guardian

Question 32

90 days before termination of the arrangement between DCF and a “young adult”, DCF must:

Answer 32

develop a transition plan.

Question 33

Does the exclusionary rule apply to Care & Protection cases?

Answer 33

No.

This means that even unlawfully obtained evidence may be considered by the court in determining parental unfitness.

Question 34

Care & Protection:

Do police sometimes provide crucial testimony in Care & Protection cases?

Answer 34

Yes.

Ex. the investigating officer testified that he had placed the mother in protective custody before and responded to domestic disturbances. The officer’s comprehensive report was admissible and stated that the mother was heavily intoxicated when he responded to a domestic in which she was beaten; she yelled and cursed continuously; the apartment was a “complete mess” with cigarettes and beer cans; and the child was able to sleep through the incident.

Question 35

Are out of court statements concerning sexual abuse admissible from a child under 10? (Care and Protection)

Answer 35

Yes.

This is a powerful tool for presenting evidence of sexual abuse in a C&P or foster care placement proceeding, or termination of parental rights trial.

*This evidence may also be used in a criminal trial.

Question 36

Out of court statements concerning sexual abuse are admissible from a child:

Answer 36

Under 10.

• The child, at the time she or he made statements, must have been under 10 years of age. However, the child may be any age at the time of the legal proceeding- This rule eliminates the abusers incentive to delay the proceeding.

Question 37

Out- of- court statements concerning sexual abuse are admissible from a child under 10.

At the time of the legal proceeding, the child must be unavailable, because: (6)

Answer 37

1. The child is dead, or physically or mentally ill;
2. A legal privilege shields the child from testifying;
3. The child testifies to a lack of memory;
4. The child is absent and reasonable efforts have been made to get the child to attend
5. Expert testimony from a treating clinician proves that “testifying would be likely to cause sever psychological or emotional trauma; or
6. The child is not competent to testify

Question 38

Does 233 Sec 82-83 make out of court statements concerning sexual abuse admissible from a child under 10 years old.

233 Sec. 82= termination of parental rights or other civil proceeding

233 Sec. 83 = Care & Protection or foster care placement

What is a key difference?

Answer 38

233 Sec 82 (termination of parental rights or other civil proceeding) the judge must find that the child is unavailable to testify, which then makes the child’s out-of-court statements admissible through a third party witness. * Sec. 81 is identical to 82, and applies to criminal trials*

In contrast, Sec 83, often applied in emergency C&P and foster placement proceedings, does not require that the child be unavailable in order for the court to consider reliable hearsay from a third party.

Question 39

Out- of- court statements concerning sexual abuse are admissible from a child under 10.

What are the two requirements:

Answer 39

1. At the time of the legal proceeding, the child must be unavailable
2. The hearsay statement must be reliable.

Question 40

Out- of- court statements concerning sexual abuse are admissible from a child under 10.

The hearsay statement must reliable, because either:(2)

Answer 40

1. The child’s testimony was subject to cross examination and recorded during a prior judicial hearing under oath;

Or, the more common case:

2. The current judge met with the child (or explained why that was not possible) and evaluated the person who received the child’s out-of-court allegation of abuse.

In a hearing, the judge should weigh the child’s capacity to observe and remember (which must be supported by expert testimony); the clarity, time, content, and circumstances of the statement; whether the child appreciated the importance and potential consequences of the allegation; and whether the person who received the allegation wrote down the specifics.

Question 41

Parent shave a constitutionally protected interest in the care and custody of their children. Their authority include power to control visits to the child by a third party. A parent may consent or refuse, on behalf of their minor child, to be interviewed by the defense attorney and/or prosecutor. The same authority applies to:

Answer 41

DCF when they assume the role of a parent.

DCF has ability to control access to child witness.

Ex. DCF properly refused defense attorney access to a minor child who was going to testify against his father in an abuse case.

Question 42

DCF services to “sexually exploited children”. These children must also have an advocate to accompany them to court and to serve as a liaison for service providers. If a sexually exploited child declines services, or refuses to participate, then DCF may:

Answer 42

file a Care & Protection.

Question 43

(blank) and her staff have sweeping oversight authority concerning the quality of treatment and services received by children from state agencies. (blank) must investigate critical incidents in which children being served by state agencies are seriously injured or killed.

Answer 43

The Child Advocate.

Note: In the wake of several disturbing cases of child victimization, the Child Advocate was created.

Question 44

May a foster parent decline placement of a foster child in their home?

Answer 44

Yes.

Question 45

May a foster parent request the removal of a foster child from their home?

Answer 45

Yes.

Question 46

DCf shall provide a foster parent not less than (blank) days of respite care per year.

Answer 46

10 days.

Question 47

119 Sec 22 requires that DCF inspect all family foster homes atleast:

Answer 47

once a year.