III. Removal & Shelter

Question 1

To remove a child from her parents, there must be _________________ that there is __________________ to find the following:

Answer 1

Sworn testimony
Probable cause

1. Abuse, neglect or abandonment.
2. That the parents has materially violated a condition imposed by the court; or
3. The child has no parent, custodian or relative available to provide supervision and care.

Question 2

___________ is the term used when a child is removed from the home but there has not yet been a trial to decide if the child is dependent.

Answer 2

Shelter

Question 3

If the child is removed from the home, there must be a shelter hearing within ______ hours.

Answer 3

24

Question 4

DCF must file a petition establishing ________________ for removal.

Answer 4

Probable cause

Question 5

What rights do parents have at shelter phase?

Answer 5

1. Notice,
2. To be heard and present evidence, and
3. Statutory right to an attorney and one will be appointed if indigent.

Question 6

What must court find to keep child in shelter?

Answer 6

1. Probable cause for removal
2. Child is in substantial and immediate danger at home
3. Providing services will not eliminate the need for removal
4. DCF made reasonable efforts to prevent removal or threat to child so serious that DCF is excused from making reasonable efforts

Question 7

______________ is the term used to describe where the child will live.

Answer 7

Placement

Question 8

DCF must conduct a home study and background check on every person being considered for ____________.

Answer 8

Placement

Question 9

What are the several placement options (Shelter Hearing)?

Answer 9

1. The first option is always to place a child with a parent. If the offending parent isn’t an option, the court will consider a non-offending parent.
2. If the child cannot live with a parent, the next best option is a relative.
3. Children can also be placed in non-relative, non-licensed home if there is an approved home study. This is often a friend of the family or some other person close to the child.
4. The final option will be a licensed foster home or group home. The court does not decide which home the child is placed. The court gives custody to the DCF who then selects a specific home.