Module 4 Court Proceedings And Staffing Flashcards
What are the three ways to get the court involved?
- Removal of a child
- When a child needs in home safety intervention services that cannot be provided on a non-judicial basis
- Chapter 39 injunction
What are the four types of evidence?
- Direct evidence
- Demonstrative evidence
- Circumstantial evidence
- Expert testimony
What are the three standards of proof?
- Probable cause
- Preponderance of the evidence
- Clear and convincing evidence
Which one is not a standard of proof?
Beyond a reasonable doubt
What is preponderance of the evidence?
More evidence for than against allegations 51% or more
What are diligent searches?
The process of locating parents and relatives
How many days do you have to find the missing person?
60 days
When do diligence searches end?
- When a parent is located
- Parent death
- Parental rights previously terminated
- Court excuses the search
We don’t do a diligent search on …?
Missing Children
What are diligent efforts?
Good faith to find a missing child. Those efforts must be done weekly
What must you do when you know you have a missing child?
Notify law enforcement immediately and no later than 4 hours.
What is the basic sequence of court involvement?
- Proof
- Petition
- Hearing
- Order
What are the three primary petitions?
- Shelter
- Dependency
- TPR
Petitions are attached to what?
Standards of proof (probable cause, preponderance of evidence, clear and convincing evidence).
What is shelter hearing?
Within 24 hours after removal
Establish probable cause
Visitation rights are consider
When does the first visitation takes place?
Within 72 hours from shelter hearing
What comes after the shelter hearing?
Case transfer staffing/case plan conference
What happens during Case transfer staffing/case plan conference?
Roles and tasks are assigned
What can take place instead of a case plan conference?
Mediation/stipulation (done between arraignment hearing and dependency adjudicatory hearing)
What is dependency petition?
- Filed for arraignment hearings
- Filed 21 days after shelter hearing or within 7 days if there is a demand of early filing
What is a shelter review?
- Enables the court to reconsider if shelter placement continues to be necessary pending adjudication hearing.
- Filed within 30 days after shelter hearing or within 2 days if a criminal judge was at the shelter hearing.
What is the shelter review done together with?
Arraignment hearing
What is arraignment hearing?
- Where the parent admits, consents or denies allegations
- Filed within seven days after dependency petition if demanded for early filing and no later than 28 days after shelter hearing
What happens if the parents admits or consents to allegations?
Disposition hearing should be conducted within 15 days
What happens if a parent denies allegations?
Adjudicatory hearing should occur within 30 days, meaning parents go to trial.
What is adjudicatory hearing?
- Held if parent enters denial
- Held within 30 days after arraignment hearing
What standard of proof is required at the adjudicatory hearing?
Preponderance of evidence
What is required by the court prior to the disposition hearing?
- Pre-Disposition Study (PDS) or FFA investigation
- Case Plan
- Home Study
- Affidavit or Diligent Search
- Guardian Ad Litem report
When is all this paperwork submitted to the court?
Within 3 business days prior to disposition hearing and no later than 60 days of removal
When does your initial case plan needs to be filled with the court?
Within 3 business days prior to disposition hearing and no later than 60 days of removal whichever comes first.
What happens a disposition hearing?
- To decide what needs to be done to ensure the safety of the child and reach permanency
- Within 15 days of arraignment if parents admit or consent
- Within 30 days after conclusion of adjudicatory hearing if deny
What also happens during disposition hearing?
Conclusion of CPI involvement and shelter status ends
What is judicial review?
Citizen’s Review
- Evaluate progress
- Revise case plan
What is JRSSR?
- Judicial Review Social Study Report
- Must be submitted within 72 hours of hearing
- Document in FSFN about evaluating progress and revise case plan
When do judicial reviews happen?
- Initial review within 90 days of disposition hearing or 6 months from removal whichever comes first
- Every 6 months
- Within 90 days after child’s 17th bday
- Every 90 days if child is in a treatment residential facility
When does permanent staffing happens?
11th month from removal
What happens in permanency hearing?
- It is a judicial review
- Determine if child will achieve permanency goal or modify goal
- Within 12 months of removal
- Within 30 days if reasonable efforts to reunify are not required
- Every 12 months while child is in care
What are the permanency goals in order of preference?
- Reunification
- Adoption
- Permanent guardianship (close case)
- Permanent Placement with a Fit and Willing Relative (can’t close case)
- Another Planned Permanent Living Arrangement (APPLA)
What are grounds for TPR?
- Voluntary surrendered of the child
- Abandonment (willful rejection)
- Severe or continuing abuse or neglect
- Incarcerated parent
- Parent’s failure to comply with case plan for a period of 9 months
- History of extensive substance abuse during the three-year period
- If a mother has a child in state custody and has another baby born with substances
- 3 strike rule
- Egregious conduct
- Aggravated child abuse, sexual battery, sexual abuse or chronic abuse
- Parent convicted of murder, voluntary manslaughter or a felony assault to a sibling
- Involuntary TPR of the child’s sibling
- Child was conceived as a result of an act of sexual battery
- Parent convicted of an offense that requires parent to register as a sexual predator
Which grounds are NOT considered for expedited TPR?
- Anything that is not egregious
- Voluntary surrendered of the child
- Parent’s failure to comply with case plan for a period of 9 months
- 3 strike rule
When can expedited TPR happen?
Anytime
What is TPR petition?
- A petition to terminate parental rights
- Filed within 60 days after permanency hearing
What happens during TPR advisory hearing?
- Parent willfully gives up their rights
- TPR by default
- Go to trial (30 days to file appeal)
What is the TPR adjudicatory hearing?
- To consider the elements required for termination of parental rights
- Must present clear and convincing evidence
- Filed within 45 days after the TPR advisory hearing
At what age does the Independent Living Assessment start?
13 and older
16 reasses
What is CMAT staffing?
- Children’s multi-disciplinary assessment team
- Medical foster care or child needs to be admitted to a skilled nursing facility
What is CPT?
Child Protection Team: provides a multidisciplinary assessment
