Article 10 Volume 1

Question 1

1011- Purpose

This article is designed to establish procedures to help protect children from injury or mistreatment and to help safeguard their physical, mental and emotional well being. It is designed to create a due process of law for when the state through the family court may intervene against the wishes of a parent

Answer 1

1011- Purpose
This article is designed to establish procedures to help protect children from injury or mistreatment and to help safeguard their physical, mental and emotional well being. It is designed to create a due process of law for when the state through the family court may intervene against the wishes of a parent

Question 2

1012- Definitions:

“A case involving abuse” means any proceeding under this article in which there are allegations that one or more children of the respondent are _____

Answer 2

abused

Question 3

1012- Definitions:

Abused child” means a child less than __________ of age whose parent or other person responsible for their care:

• 1. inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
• 2. Creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ,
• 3. Commits or allows to be committed any sex offense or encourages the child to engage in any acts of prostitution or sex trafficking

Answer 3

EIGHTEEN (18) YEARS

Question 4

1012- Definitions:

“A neglected child” means a child less than ___________ of age whose physical, mental and emotional condition has been impaired or is imminent danger of becoming impaired as a result of the failure of the parent or person responsible for his care to exercise a minimum degree of care:

• 1. In supplying the child with adequate food, clothing, shelter or education, or medical, dental, optometrical or surgical care, though financially able to do so or offered financial or other reasonable means to do so, or, in the case of an alleged failure of the respondent to provide education to the child, notwithstanding the efforts of the school district or local educational agency and child protective agency to ameliorate such alleged failure prior to the filing of the petition; or

Answer 4

EIGHTEEN (18) YEARS

Question 5

1012- Definitions:

“A neglected child” means a child less than ________ of age whose physical, mental and emotional condition has been impaired or is imminent danger of becoming impaired as a result of the failure of the parent or person responsible for his care to exercise a minimum degree of care:

• 2. In providing the child with proper supervision or guardianship (in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or by any other acts of a similarly serious nature requiring the aid of the court;
• However, if the respondent is voluntarily and regularly participating in a rehabilitative program, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he loses self-control of his actions shall not establish that the child is a neglected child in the absence of evidence establishing that the child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired) Or

Answer 5

EIGHTEEN (18) YEARS

Question 6

1012- Definitions:
“A neglected child” means a child less than __________ of age whose physical, mental and emotional condition has been impaired or is imminent danger of becoming impaired as a result of the failure of the parent or person responsible for his care to exercise a minimum degree of care:

• 3. a child who has been ____________ by his parents or other person legally responsible for his care

Answer 6

EIGHTEEN (18) YEARS ……… abandoned

Question 7

1012- Definitions:

“Child protective agency” means the child protective service of the local department of social services or such other agencies, or an Indian tribe that has entered into an agreement with the state department of social services

Answer 7

1012- Definitions:

“Child protective agency” means the child protective service of the local department of social services or such other agencies, or an Indian tribe that has entered into an agreement with the state department of social services

Question 8

1012- Definitions:

“Aggravated circumstances” means where a child has been:

• 1. Severely or repeatedly abused
• 2. Found to be an abused child by the same respondent within ____________ after the return home to said respondent following placement in foster care
• 3. At risk for abuse or neglect from the parent who, without justification, has not taken any steps to engage in services necessary to eliminate such risk over a period of at least ____________ from the date of removal
• 4. Intentionally abandoned a child ___________ OR YOUNGER with the intent that the child be safe from physical injury and cared for in an appropriate manner

Answer 8

FIVE (5) YEARS……… SIX (6) MONTHS…….. FIVE (5) DAYS OLD

Question 9

1012- Definitions:

“Permanency hearing” means a hearing for the purpose of reviewing the __________ status of the child and the permanency plan developed by the social services district

Answer 9

foster care

Question 10

1012- Definitions:

“Impairment of emotional health” and “impairment of mental or emotional condition” includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as

• failure to thrive,
• control of aggressive or self-destructive impulses,
• ability to think and reason, or
• acting out or misbehavior, including incorrigibility, ungovernability or habitual truancy;

Provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the respondent to exercise a minimum degree of care toward the child.

Answer 10

1012- Definitions:

“Impairment of emotional health” and “impairment of mental or emotional condition” includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out or misbehavior, including incorrigibility, ungovernability or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the respondent to exercise a minimum degree of care toward the child.

Question 11

1013- Jurisdiction

The family court has ___________ over proceedings under this article alleging abuse or neglect of a child

Answer 11

exclusive original jurisdiction

Question 12

1013- Jurisdiction

The family court maintains jurisdiction even though the _________ may be exercising jurisdiction over the acts alleged

Answer 12

criminal court

Question 13

1013- Jurisdiction

• In determining jurisdiction, it is the age of the child at the time the proceedings _________ that controls… (not when the acts occurred).
• The child need not be in the custody of the respondent if the court otherwise has jurisdiction over the matter

Answer 13

are initiated

Question 14

1014- Transfer to and from family court; concurrent proceedings.

• If the family court determines the process of the family court is inappropriate or insufficient, it may transfer the proceedings to the __________ and refer the matter to the district attorney
• Likewise the criminal court upon a finding of an abused or neglected child may refer the proceedings to the _____________

Answer 14

criminal court…… family court

Question 15

1014- Transfer to and from family court; concurrent proceedings.

There may be concurrent proceedings occurring in both _____________ and ___________
In any hearing under this section, the family court may grant the respondent _________ in any subsequent criminal court proceeding

Answer 15

Criminal court and Family court…. testimonial immunity

Question 16

1015- Venue

Proceedings under this article may be originated in the county in which the child or the person having custody of the child ______ or __________ at the time of the filing of the petition.
Residence shall include a shelter for the homeless.

Answer 16

resides or is domiciled

Question 17

1015- Venue

lf another proceeding under this act directs the filing of an abuse or neglect petition, the venue of the article under which the___________ proceeding is brought shall apply That makes a good test question…. ‘just sayin”

Answer 17

ORIGINAL (NON- ART 10)

Question 18

1015a- Court-ordered services

• In any proceeding under this article, the court may order a social services official to provide or arrange for services to the family or child to facilitate the protection of the child, rehabilitation of the family and discharge of the child from foster care
• A social services official may be ordered to make periodic progress reports

Answer 18

1015a- Court-ordered services
In any proceeding under this article, the court may order a social services official to provide or arrange for services to the family or child to facilitate the protection of the child, rehabilitation of the family and discharge of the child from foster care
A social services official may be ordered to make periodic progress reports

Question 19

1016- Appointment of attorney for the child

• The court shall appoint an “attorney for the child” to represent a child who has been allegedly abused or neglected upon the earliest occurrence of the court receiving notice of the emergency removal of a child, an application for an order of removal or the filing of a petition alleging abuse or neglect
• Such appointment will continue until the ___________ of any court orders or procedures.
• The “attorney for the child” is entitled to compensation for services rendered

Answer 19

Expiration……..

Question 20

1017- Placement of children

In any proceeding where the court determines that a child must be removed from his or her home:

• the court shall direct the local commissioner of social services to locate any non-respondent parent of the child and any relatives of the child, including all of the child’s grandparents, all relatives or suitable persons identified by any respondent parent or any non-respondent parent and any relative identified by a child over the age of five as a relative who plays or has played a significant positive role in his or her life to inform them of the proceedings and the opportunity to become foster parents or to seek guardianship/custody and care of the child
• The local commissioner of social services shall report the results of such investigation, or investigations to the court and parties, including the attorney for the child.

Answer 20

1017- Placement of children

In any proceeding where the court determines that a child must be removed from his or her home:

• the court shall direct the local commissioner of social services to locate any non-respondent parent of the child and any relatives of the child, including all of the child’s grandparents, all relatives or suitable persons identified by any respondent parent or any non-respondent parent and any relative identified by a child over the age of five as a relative who plays or has played a significant positive role in his or her life to inform them of the proceedings and the opportunity to become foster parents or to seek guardianship/custody and care of the child

The local commissioner of social services shall report the results of such investigation, or investigations to the court and parties, including the attorney for the child.

Question 21

1017- Placement of children

In any proceeding where the court determines that a child must be removed from his or her home:

• The court will direct the local social services agency to investigate and locate any person who may be a parent of the child but is not currently recognized as a legal parent. This includes people who have filed with a __________ , have a pending parentage petition, or have been identified as a parent by the child’s other parent in a written sworn statement.
• The local commissioner of social services shall report the results of such investigation, or investigations to the court and parties, including the attorney for the child.

Answer 21

putative father registry

Question 22

1017- Placement of children

a. If the court determines that the child may appropriately reside with a non-respondent parent, other relative, or suitable person, the court may grant a temporary order of custody or guardianship to that person.

Answer 22

1017- Placement of children

a. If the court determines that the child may appropriately reside with a non-respondent parent, other relative, or suitable person, the court may grant a temporary order of custody or guardianship to that person.

Question 23

1017- Placement of children

• b. The court may temporarily release the child directly to a non-respondent parent or temporarily place the child with a relative or suitable person during the pendency of the child protective proceeding.
• The local commissioner of social services will also investigate the home of the relative or suitable person within _________ and if the home is unqualified, the local commissioner of social services will report this to the court and the parties, including the attorney for the child.

Answer 23

24 hours

Question 24

1017- Placement of children

c. the court may remand or place the child with the local commissioner of social services and then place the child with a relative or suitable person who is qualified to be a foster parent.
The local commissioner of social services will also investigate the home of the relative or suitable person within __________ and if the home is unqualified, the local commissioner of social services will report this to the court and the parties, including the attorney for the child.

Answer 24

24 hours

Question 25

1017- Placement of children

d. where the court determines that a suitable non-respondent parent or other person related to the child cannot be located or remand or place the child with a suitable person, the court may direct that the child reside in a specific ______________ where the court determines that such placement is in furtherance of the child’s best interests.

Answer 25

certified foster home

Question 26

1017- Placement of children

e. The person with whom the child is temporarily released or placed must _________ to the jurisdiction and conditions of the Court in order for the such action to be granted.

Answer 26

submit

Question 27

1017- Placement of children

A temporary order of protection may also be issued

Answer 27

1017- Placement of children

A temporary order of protection may also be issued

Question 28

1017- Placement of children

• (NEW) In any case in which an order has been issued pursuant to this article remanding or placing a child in the custody of the local social services district, any anticipated change in placement to the court and the attorneys for the parties, including the attorney for the child, forthwith, but not later than ___________ following either the decision to change the placement or the actual date the placement change occurred, whichever is sooner.
• Such notice shall indicate the date that the placement change is anticipated to occur or the date the placement change occurred, as applicable. Provided, however, if such notice lists an anticipated date for the placement change, the local social services district or authorized agency shall subsequently notify the court and attorneys for the parties, including the attorney for the child, of the date the placement change occurred;
  such notice shall occur no later than ____________ following the placement change.

Answer 28

one business day…… one business day

Question 29

1017- Placement of children

• When a child whose legal custody was transferred to the commissioner of a local social services district resides in a qualified residential treatment program, upon receipt of notice OF CHANGE OF PLACEMENT and motion of the local social services district, the court shall schedule a court review of such placement.
• Such court review shall occur no later than___________ from the date the placement of the child in the QRTP

Answer 29

sixty days

Question 30

1018- Conferencing and mediation

• The court may authorize the use of conferencing and mediation at any point in the proceedings to put a plan together to foster the child’s health, safety and well being

Answer 30

1018- Conferencing and mediation

The court may authorize the use of conferencing and mediation at any point in the proceedings to put a plan together to foster the child’s health, safety and well being