Juv Ch. 2 Care & Protection Flashcards
If adequate arrangements cannot be made for a child or dependent when their caregiver is arrested, where should the dependent be transported to?
Police station or social service facility
When arresting a caregiver, what facts about the dependent should be documented in an incident report (4)
Age
Sex
Condition
Care arrangements
When officers arrested caregiver, they avoid liability when they try to
Provide reasonable care for any children or dependent adults left behind
119/24-26 advances a legal procedure known as care and protection. It’s purpose is to:
Remove children from abusive and unsafe environments when there is no other alternative
Who may initiate the process of care and protection?
Any person
Who typically begins the process of care and protection
DCF
DCF workers are protected by absolute immunity when initiating or testifying at C&P hearings. They are protected by ________ when investigating in making factual assertions in an affidavit for a C&P
Qualified immunity
Care and protection applies to children under
18
The recognized types of improper care that are grounds for C&P (5)
Lack of physical/educational care
Circumstances damaging to character development
Lack of attention
Child sexually exploited
Custodian, unwilling incompetent, unavailable to provide care
Police on scene intervention reveals emergency situations when officers encounter a child under 18 who is (3)
Abandoned
At risk due to intoxicated or abusive adult
At risk due to any other circumstance
When Police determine there’s an emergency situation involving a child what are there two options involving DCF?
Remove child from situation and notify DCF or
Keep child at location and notify DCF for removal decision
A petition for emergency removal must include specific facts constituting “________ _______”
Improper care
Immediate removal of the child gives a court order to transfer child for up to
72 hours
After a child is removed when does the follow-up hearing occur?
72 hours
What is the standard of proof at the 72 hour hearing after a child is removed
Preponderance of the evidence
What is the primary function of the 72 hour hearing?
To discover and correct any errors that may have occurred during the initial hearing
What is the police role if a
accompanying DCF employees to remove a child
Gain entry
Keep the peace
Ensure child is removed safely
Can police enter private property to serve a court order for removal of a child
Yes
A hearing on merits to show child in need of care protection must show current parental ______
Unfitness
Who must be represented by council during a hearing on merits
Parents and child
Can second-level hearsay such as what teachers, social workers, and others told the investigator be admitted in evidence at a care and protection hearing
Yes
The court must enter a final judgment within ______ after the case is filed
15 months
The 15 month time limit for a final judgment may only be extended once for a _____ month period for a parent who has made substantial progress
3 month
Are parents entitled to a review once their parental rights have been terminated
No
For any child in DCF care, the court must hold a permanency hearing every:
12 months
DCF defines a “young adult” as a person between the ages of
18-22
The SJC declared that the exclusionary rule does not apply to
Care and protection cases
Can unlawfully obtained evidence be considered by the court when determining parental fitness during care and protection cases
Yes, the exclusionary rule does not apply to care and protection cases
232/82-83 makes out of court statements concerning sexual abuse admissible from a child under ___
10
Can out of court statements concerning sexual abuse from a child under 10 be admissible in a criminal trial
Yes
Can statements made by a child under 10 regarding sexual abuse be admissible if the child is older at the time of the legal proceeding
Yes as long as statements were made under 10
The rule that lets children’s statements made under age 10 be admissible at later legal proceedings is to eliminate the abusers
Incentive to the delay proceedings
For statements made under age 10 to be admissible at legal proceedings. The child must be ______
Unavailable
When a child was eight, she disclosed multiple instances of sexual abuse by her father and other men to a therapist she was hospitalized due to this trauma and became unavailable at the time of termination of parents rights. Can this proceeding still go through
Yes
