Juv Ch. 2 Care & Protection

Question 1

If adequate arrangements cannot be made for a child or dependent when their caregiver is arrested, where should the dependent be transported to?

Answer 1

Police station or social service facility

Question 2

When arresting a caregiver, what facts about the dependent should be documented in an incident report (4)

Answer 2

Age
Sex
Condition
Care arrangements

Question 3

When officers arrested caregiver, they avoid liability when they try to

Answer 3

Provide reasonable care for any children or dependent adults left behind

Question 4

119/24-26 advances a legal procedure known as care and protection. It’s purpose is to:

Answer 4

Remove children from abusive and unsafe environments when there is no other alternative

Question 5

Who may initiate the process of care and protection?

Answer 5

Any person

Question 6

Who typically begins the process of care and protection

Answer 6

DCF

Question 7

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

Answer 7

Qualified immunity

Question 8

Care and protection applies to children under

Answer 8

18

Question 9

The recognized types of improper care that are grounds for C&P (5)

Answer 9

Lack of physical/educational care
Circumstances damaging to character development
Lack of attention
Child sexually exploited
Custodian, unwilling incompetent, unavailable to provide care

Question 10

Police on scene intervention reveals emergency situations when officers encounter a child under 18 who is (3)

Answer 10

Abandoned
At risk due to intoxicated or abusive adult
At risk due to any other circumstance

Question 11

When Police determine there’s an emergency situation involving a child what are there two options involving DCF?

Answer 11

Remove child from situation and notify DCF or
Keep child at location and notify DCF for removal decision

Question 12

A petition for emergency removal must include specific facts constituting “________ _______”

Answer 12

Improper care

Question 13

Immediate removal of the child gives a court order to transfer child for up to

Answer 13

72 hours

Question 14

After a child is removed when does the follow-up hearing occur?

Answer 14

72 hours

Question 15

What is the standard of proof at the 72 hour hearing after a child is removed

Answer 15

Preponderance of the evidence

Question 16

What is the primary function of the 72 hour hearing?

Answer 16

To discover and correct any errors that may have occurred during the initial hearing

Question 17

What is the police role if a
accompanying DCF employees to remove a child

Answer 17

Gain entry
Keep the peace
Ensure child is removed safely

Question 18

Can police enter private property to serve a court order for removal of a child

Answer 18

Yes

Question 19

A hearing on merits to show child in need of care protection must show current parental ______

Answer 19

Unfitness

Question 20

Who must be represented by council during a hearing on merits

Answer 20

Parents and child

Question 21

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

Answer 21

Yes

Question 22

The court must enter a final judgment within ______ after the case is filed

Answer 22

15 months

Question 23

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

Answer 23

3 month

Question 24

Are parents entitled to a review once their parental rights have been terminated

Answer 24

No

Question 25

For any child in DCF care, the court must hold a permanency hearing every:

Answer 25

12 months

Question 26

DCF defines a “young adult” as a person between the ages of

Answer 26

18-22

Question 27

The SJC declared that the exclusionary rule does not apply to

Answer 27

Care and protection cases

Question 28

Can unlawfully obtained evidence be considered by the court when determining parental fitness during care and protection cases

Answer 28

Yes, the exclusionary rule does not apply to care and protection cases

Question 29

232/82-83 makes out of court statements concerning sexual abuse admissible from a child under ___

Answer 29

10

Question 30

Can out of court statements concerning sexual abuse from a child under 10 be admissible in a criminal trial

Answer 30

Yes

Question 31

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

Answer 31

Yes as long as statements were made under 10

Question 32

The rule that lets children’s statements made under age 10 be admissible at later legal proceedings is to eliminate the abusers

Answer 32

Incentive to the delay proceedings

Question 33

For statements made under age 10 to be admissible at legal proceedings. The child must be ______

Answer 33

Unavailable

Question 34

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

Answer 34

Yes