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31 Cards in this Set
- Front
- Back
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The Goal of the Dependency Division is to |
Reunify the family as quickly as possible. |
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Who are the parties in a dependency case |
Parent DCF Guardian Ad Litem Child |
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How should you attack a Juvenile Dependency Question |
Parties, Jurisdiction , Hearings ( in that order) |
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Do Parents have right to counsel in a dependency case? |
Yes each parent entitled to separate counsel and they are appointed if they cannot afford it. |
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Do Children have their own attorneys |
Not usually, A GAL is appointed to represent the best interests of the child. Ad litem attorney may also be appointed. |
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Who has exclusive jurisdiction over dependency issues? |
The circuit court. |
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When does jurisdiction attach to the Circuit Court |
When Child is taken into custody by def or a petition is filed. |
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What's the role of the parent's attorney |
To assure parent's statutory rights are protected. They cannot assist in completing tasks, but may assist in getting referrals. |
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Who must report child abuse |
Any person who knows or has reasonable cause to suspect, failure to report is a third degree felony. |
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Is attorney client privilege an excuse to reporting child abuse. |
Yes. NO other privileged communication is though. |
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DCF must complete investigation |
60 Days after receiving report unless concurrent with active criminal case, child death, or the child is missing. |
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DCF Must do a ______ Before placing a child in a certain home. |
Criminal Check |
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Shelter hearings require |
24 Hours notice . |
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Foster or pre-adoptive parents must be provided |
72 Hours notice of a hearing. |
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Steps of the Shelter Process |
1. A report is made 2. Preliminary detention made by invesitagor as to whether child should be removed. (PC needed) 3. Shelter hearing is conducted with parent given notice, and GAL is appointed. |
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No Shelter will be ordered when |
The child can remain safely at home with services. |
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A child may not be held in a shelter longer than ___ without a shelter hearing. |
24 hours |
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A child may not be held in a shelter longer than ___ without adjudication of dependency |
60 days |
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A child cannot be held in a shelter longer than ___ after adjudication of dependency unless order of disposition has been entered. |
30 days |
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Requirements to continue shelter |
1. Reasonable grounds to remove due to abuse or neglect. 2. Substantial and immediate danger to the child living in the home 3. Services will not eliminate need for placement 4. Placement is is in best interest of child and DCF made reasonable efforts to prevent removal. |
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Who files Petition for Dependency |
DCF |
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What must the petition for dependency contain |
1. Identification of parent 2. State which petition is based 3. Allege Person committed acts if known 4 Whether parent. custodian previously participated or rejected services in the past. |
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Is an answer required to a filed petition? |
Nope |
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After protective investigations courts may enter____ to prevent further acts of child abuse |
Injunctions |
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Arraignments post SH, must occur |
No later than 28 days after shelter hearing or 7 days after filing dependency. |
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If parent consents to finding in Dependency petition then a disposition hearing is held within___ |
15 days |
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If parent denies results of a dependency hearing then a ____ must be held in ____ days |
Adjudication hearing , 30 days after arraignment hearing. |
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Adjudication Hearings are conducted by a ____ and use the _______ Standard |
Judge, Preponderance of the Evidence Standard. |
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Is anonymous allegations sufficient ? |
Yes in absence of corroborating evidence. |
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Adjudication Hearing Results |
If Dependent but no action except supervison required there is a withhold , if parents comply If adjudicated Dependent court must inquire of parents about relatives who might be considered as placement. |
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How long does DCF have to file their petition for dependency |
21 days, or 7 days after any party demands an early filing. |
