Juvenile Law Flashcards

1
Q

What does CHIRA stand for?

A

Children Requiring Assistance Chp 4-1

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2
Q
According to to Mass General laws a petition for an emergency removal must simply allege specific facts, based on personal knowledge, constituting  "improper Care". A court court order to transfer the child to DCF for a period of How long?
A) 24hours
B) 48hours 
C) 72hours 
D) 96hours
A

C) 72 hours.. Chp2-2

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3
Q
At what age and under is a child presumed incapable of committing a crime because they lack the mental capacity to form criminal intent
A) 6
B) 7
C) 8
D) 9
A

B) age 7 and under Chp1-1

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4
Q
At what age does a child lack the maturity to consent to accompany an adult without permission of his/her parent or guardian. This law prevents kidnappers from who later argue that the child consented to go with him/her.
A) 10 and under
B) 12 and under
C) 14 and under 
D) 16 and under
A

B) 12 and under Chp1-2

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5
Q
At what age MUST a child be appropriately restrained by car seat or safety belt in a motor vehicle, with the operator responsible for the fine
A) 12 and under 
B) 13 and under 
C) 14 and under
D) 16 and under
A

B) 13 and under Cp1-2

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6
Q

T/f Children and adults must be appropriately restrained by a safety belt in a motor vehicle. Where the operator is responsible for passengers 13-15 and passengers 16 and above e cited separately.

A

True Chp1-2

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7
Q

T/F proof required from a juvenile consented to indecent touching, Regarding: indecent A&B of a child MGL265. S13B

A

FALSE. NO proof needed. Chp1-2

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8
Q

T/F Children under 14 may not work unless delivering newspapers.

A

True. Chp1-2

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9
Q
At what age are helmets required for bicyclists, and those using in line skates, non motorized scooters or skateboards?
A) 12 and under
B) 14 and under
C) 16 and under
D) 17 and under
A

C) 16 and under Chp1-3

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10
Q
At what age does the "protection"by using mandatory reporting of abuse, neglect and financial exploration of Elders to Elderly protective Services
A) 60 and over
B) 62 and over
C) 65 and over
D) 66 and over
A

A) 60 and over Chp1-5

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11
Q

What is the standard of proof required at a follow up 72 hearing when child ha s removed from his/hr parents/guardians?

A

A Preponderance of evidence .. because a “primary function of the 72 hour hearing is to discover and correct and errors that may have occurred during the initial hearing.

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12
Q

T/F Sexually oriented communications constitute abuse unless they are not reasonably intended to provide information for the child’s education and well being

A

True Chp 3-2

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13
Q

The same reporting rules apply for children, disabled persons or elders, What MUST an Officer Do?

A

An immediate oral report to the appropriate agency. Chp 3-2

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14
Q
Officers need only have \_\_\_\_\_\_\_ \_\_\_\_\_\_ to believe that abuse, neglect or financial exploitation happened or is happening.
A) reasonable suspicion 
B) reasonable cause 
C) probable cause 
D) probable suspicion
A

B) Reasonable Cause Chp 3-2

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15
Q

T/F Negligence may occur without injury

A

True Chp3-5

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16
Q

What does JJDP stand for?

A

Juvenile Justice Delinquency Prevention Act. CHp4-1

17
Q

What are the Detention restrictions for a juvenile brought to the station under CHIRA? NO crime committed.

A

1) NO handcuffs. 2) held in an unlocked, multi-purpose area, 3) under constant visual supervision 4) held ONLY for the time necessary to get him/her to a parent guardian, responsible per on, approved court or shelter. Chp4-6

18
Q

T/F. There is a criminal penalty if police transport a child in the rear of a transport wagon

A

True Chp4-6

19
Q
If a SO lists his address as homeless shelter: he shall be required to verify his SO registration in person every \_\_\_\_\_ days
A) 7 
B) 15
C) 30
D) 60
A

C) 30 days. Cho 5-7

20
Q

What are the elements contributing to the delinquency of minors?

A

The suspect, caused, induced or encouraged…. The delinquent conduct (that is criminal) of a minor who is at least age 7 but not yet 18. Chp5-12

21
Q

T/F Leaving a child unattended in a motor vehicle is considered abandonment

A

False Chp 6-2

22
Q

What are the statute of limitations for non-support of child support?

A

If the non-support has been continuous then the criminal complaint may be brought at any point while the child is under 18 and within 6 years after the child turns 18.

23
Q

What are the criteria for Amber alert notification? Hint 3 main criteria

A

1)The child must be under 18. 2) Police must believe the child is in danger of serious bodily harm or death. 3) There must be enough descriptive information for law enforcement to believe an AMBER alert will help locate the child.

24
Q

Name the elements of a rape of a child under 16 (Chp265, S22A)

A

identical to those of rape, Except that the victim is under 16.

25
Q

Name some elements of aggravated rape of a child under 16 (CHp265, S22B)

A

occurs during an attempted or actual commission of: burglary, home invasion, kidnapping, breaking and entering ABDW, posing or exhibiting.

results in bodily harm… joint enterprise.. sexual disease transmitted. CHp10-4

26
Q

What are the elements of statutory rape C265, S23

A

The suspect unlawfully, engaged in natural or unnatural sexual intercourse with the victim , who was under 16 years of age at the time. 10-5

27
Q

What are the elements of Aggravated statutory rape C265, S23A

A

more than 5 year age difference between the defendant and the victim , who is 12 years old or under or
More than a 10 year age difference between the defendant and the victim, who is between the ages of 12 and 16 years old or
at the time of the intercourse, the defendant was a mandated reporter of child abuse