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Case Management Certification > Module 4 Court Proceedings And Staffing > Flashcards

Module 4 Court Proceedings And Staffing Flashcards

1
Q

What are the three ways to get the court involved?

A
  • 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
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2
Q

What are the four types of evidence?

A
  • Direct evidence
  • Demonstrative evidence
  • Circumstantial evidence
  • Expert testimony
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3
Q

What are the three standards of proof?

A
  • Probable cause
  • Preponderance of the evidence
  • Clear and convincing evidence
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4
Q

Which one is not a standard of proof?

A

Beyond a reasonable doubt

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5
Q

What is preponderance of the evidence?

A

More evidence for than against allegations 51% or more

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6
Q

What are diligent searches?

A

The process of locating parents and relatives

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7
Q

How many days do you have to find the missing person?

A

60 days

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8
Q

When do diligence searches end?

A
  • When a parent is located
  • Parent death
  • Parental rights previously terminated
  • Court excuses the search
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9
Q

We don’t do a diligent search on …?

A

Missing Children

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10
Q

What are diligent efforts?

A

Good faith to find a missing child. Those efforts must be done weekly

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11
Q

What must you do when you know you have a missing child?

A

Notify law enforcement immediately and no later than 4 hours.

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12
Q

What is the basic sequence of court involvement?

A
  • Proof
  • Petition
  • Hearing
  • Order
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13
Q

What are the three primary petitions?

A
  • Shelter
  • Dependency
  • TPR
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14
Q

Petitions are attached to what?

A

Standards of proof (probable cause, preponderance of evidence, clear and convincing evidence).

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15
Q

What is shelter hearing?

A

Within 24 hours after removal
Establish probable cause
Visitation rights are consider

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16
Q

When does the first visitation takes place?

A

Within 72 hours from shelter hearing

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17
Q

What comes after the shelter hearing?

A

Case transfer staffing/case plan conference

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18
Q

What happens during Case transfer staffing/case plan conference?

A

Roles and tasks are assigned

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19
Q

What can take place instead of a case plan conference?

A

Mediation/stipulation (done between arraignment hearing and dependency adjudicatory hearing)

20
Q

What is dependency petition?

A
  • Filed for arraignment hearings

- Filed 21 days after shelter hearing or within 7 days if there is a demand of early filing

21
Q

What is a shelter review?

A
  • 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.
22
Q

What is the shelter review done together with?

A

Arraignment hearing

23
Q

What is arraignment hearing?

A
  • 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
24
Q

What happens if the parents admits or consents to allegations?

A

Disposition hearing should be conducted within 15 days

25
Q

What happens if a parent denies allegations?

A

Adjudicatory hearing should occur within 30 days, meaning parents go to trial.

26
Q

What is adjudicatory hearing?

A
  • Held if parent enters denial

- Held within 30 days after arraignment hearing

27
Q

What standard of proof is required at the adjudicatory hearing?

A

Preponderance of evidence

28
Q

What is required by the court prior to the disposition hearing?

A
  • Pre-Disposition Study (PDS) or FFA investigation
  • Case Plan
  • Home Study
  • Affidavit or Diligent Search
  • Guardian Ad Litem report
29
Q

When is all this paperwork submitted to the court?

A

Within 3 business days prior to disposition hearing and no later than 60 days of removal

30
Q

When does your initial case plan needs to be filled with the court?

A

Within 3 business days prior to disposition hearing and no later than 60 days of removal whichever comes first.

31
Q

What happens a disposition hearing?

A
  • 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
32
Q

What also happens during disposition hearing?

A

Conclusion of CPI involvement and shelter status ends

33
Q

What is judicial review?

Citizen’s Review

A
  • Evaluate progress

- Revise case plan

34
Q

What is JRSSR?

A
  • Judicial Review Social Study Report
  • Must be submitted within 72 hours of hearing
  • Document in FSFN about evaluating progress and revise case plan
35
Q

When do judicial reviews happen?

A
  • 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
36
Q

When does permanent staffing happens?

A

11th month from removal

37
Q

What happens in permanency hearing?

A
  • 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
38
Q

What are the permanency goals in order of preference?

A
  • Reunification
  • Adoption
  • Permanent guardianship (close case)
  • Permanent Placement with a Fit and Willing Relative (can’t close case)
  • Another Planned Permanent Living Arrangement (APPLA)
39
Q

What are grounds for TPR?

A
  • 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
40
Q

Which grounds are NOT considered for expedited TPR?

A
  • 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
41
Q

When can expedited TPR happen?

A

Anytime

42
Q

What is TPR petition?

A
  • A petition to terminate parental rights

- Filed within 60 days after permanency hearing

43
Q

What happens during TPR advisory hearing?

A
  • Parent willfully gives up their rights
  • TPR by default
  • Go to trial (30 days to file appeal)
44
Q

What is the TPR adjudicatory hearing?

A
  • 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
45
Q

At what age does the Independent Living Assessment start?

A

13 and older

16 reasses

46
Q

What is CMAT staffing?

A
  • Children’s multi-disciplinary assessment team

- Medical foster care or child needs to be admitted to a skilled nursing facility

47
Q

What is CPT?

A

Child Protection Team: provides a multidisciplinary assessment

Case Management Certification (11 decks)

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