CHAPTER 5 FINALS Flashcards
(128 cards)
1
Q
Is one below eighteen years old has committed a misdemeanor but whose case has not been filed in court. He /she manifest behavior problems (e.g Hostility, aggressiveness,. etc)
A
DELINQUENT YOUTH
2
Q
Is one who is unreasonably deprived for his/her basic needs for survival such as food, clothing, shelter and or education.
A
NEGLECTED CHILD
3
Q
Is one has been inflicted with non-accidental or unreasonable physical injuries by parents, guardians or custodian to a degree which, if not immediately remedied, could seriously impair the child’s growth and development or result in permanent disability or even death.
A
PHYSICAL ABUSED CHILD
4
Q
Is one has been inflicted with unreasonable punishment other than physical punishment through excessive verbal assault or non-verbal harassment.
A
PSYCHOLOGICAL ABUSED CHILD
5
Q
Is one who has been involved in a sexual activity with an adult ( or any older or bigger) where the child was used as sexual object for gratification of the older person’s need and desire. This is includes children – victims of rape and incest.
A
SEXUAL ABUSED CHILD
6
Q
Is one engaged in any economic activity who suffers serious treats his/her protection, health, safety and moral well-being.
A
WORKING CHILD
7
Q
Is one below eighteen years old but over 9 years old upon commission of a criminal offense, and whose case has been filed in court.
A
YOUTH OFFENDER
8
Q
The most common legal grounds for termination of parental rights, also a form of child abuse in most states. Sporadic visits, a few phone calls, or birthday cards are not sufficient to maintain parental rights. Fathers who manifest indifference toward a pregnant mother are also viewed as abandoning the child when it is born.
A
ABANDOMENT
9
Q
Term for acts or omissions by a legal caretaker. Encompasses a broad range of acts, and usually requires proof of intent.
A
ABUSE
10
Q
The phase of a delinquency hearing similar to a “trial” in adult criminal court, except that juveniles have no right to a jury trial, a public trial, or bail.
A
ADJUDICATION
11
Q
Any of the processes involving enforcement of care, custody, or support orders by an executive agency rather than by courts or judges.
A
ADMINISTRATIVE PROCEDURE
12
Q
A legal relationship between two people not biologically related, usually terminating the rights of biological parents, and usually with a trial “live-in” period. Once an adoption is finalized, the records are sealed and only the most compelling interests will enable disclosure of documents.
A
ADOPTION
13
Q
Moves children more quickly into permanent, adoptive placements, rather than letting them languish in foster homes.
A
ADOPTION AND SAFE FAMILIES ACT OF 1997
14
Q
Is one without proper paternal care and has been abandoned by his/her parents for the period of at least (6) consecutive months. This includes of founding.
A
ABANDONED CHILD
15
Q
Is one who has been included or force by parents/guardians or other persons or circumstance to indulge in activities which endanger his moral, emotional and social development. This includes children victims of prostitution and pedophiles.
A
EXPLOITED CHILD
16
Q
Legal doctrine establishing court as determiner of best environment for raising child. An alternative to the Parens Patriae Doctrine.
A
BEST INTERESTS OF THE CHILD RULE
17
Q
Case allowing second prosecution in adult court for conviction in juvenile court, based on idea that first conviction was a “civil” matter.
A
BREED V. JONES (1975)
18
Q
Law established by the history of judicial decisions in cases decided by judges, as opposed to common law which is developed from the history of judicial decisions and social customs.
A
CASE LAW
19
Q
The filing of legal papers by a child welfare agency when its investigation has turned up evidence of child abuse. This is a civil, rather than criminal, charge designed to take preventive action (like appointment of a Guardian ad litem) for at-risk children before abuse occurs.
A
CHILD PROTECTION ACTION
20
Q
The act of being responsible for enforcing child support obligations.
A
CHILD SUPPORT
21
Q
A 1990 federal law allowing courts to take extraordinary steps in protecting the emotional health of any child called to testify in a courtroom.
A
CHILD VICTIMS’ AND CHILD WITNESS’ RIGHTS
22
Q
As defined in RA 7610, the Special Protection of Children against Abuse, Exploitation and Discrimination Act. Children refers to persons below eighteen (18) of age.
A
CHILDREN
23
Q
Are children who are abandoned, neglected, abused and exploited, disable, victims of prostitution and pedophiles, delinquent, youth offenders and drug dependents, street children, working children, children in situation of armed conflict, children in cultural communities, and children victims of naturals disasters.
A
CHILDREN IN ESPECIAL DIFFICULT CIRCUMSTANCES (CEDC)
24
Q
Are children who have been displaced as a result of violent confrontation between two opposing forces. This includes children temporarily sheltered in evacuation centers unaccompanied by their parents, and those who were arrested for reasons related to armed conflict, whether as combatants, courtiers, guide or spies.
A
CHILDREN IN SITUATION OF ARMED CONFLICT (CSAC)
25
A term applied to status offenders adjudicated in juvenile court.
CHILD IN NEED OF SUPERVISION (CHINS)
26
A form of protective custody in which a child welfare or police agency order an adult suspected of abuse to leave the home.
CIVIL PROTECTION ORDER
27
Court order for placement in a secure facility, separate from adults, for the rehabilitation of a juvenile delinquent.
CUSTODIAL CONFINEMENT
28
Court action to officially declare someone a juvenile delinquent. A "delinquent" is defined as under the age of majority who has been convicted in juvenile court of something that would be classified as a crime in adult court.
DELINQUENCY PROCEEDING
29
Anyone under the care of someone else. A child ceases to be a dependent when they reach the age of emancipation.
DEPENDENT
30
-Case limiting extent by which government exercises parens patriae power.
DESHANEY V. WINNEBAGO COUNTY (1989)
31
Phase of delinquency proceeding similar to "sentencing" phase of adult trial. The judge must consider alternative, innovative, and individualized sentences rather than imposing standard sentences.
DISPOSITION
32
An alternative to trial decided upon at intake to refer the child to counseling or other social services.
DIVERSION
33
-Independence of a minor from his or her parents before reaching age of majority
EMANCIPATION
34
A clause requiring government to treat similarly situated people the same or have good reason for treating them differently. Compelling reasons are considered to exist for treating children differently.
EQUAL PROTECTION
35
Legal doctrine preventing unemancipated children from suing their parents.
FAMILY IMMUNITY DOCTRINE
36
Legal doctrine holding parents liable for injuries caused by a child's negligent driving or other actions.
FAMILY PURPOSE DOCTRINE
37
Temporary care funded via Federal-State pass-through and arranged by a child welfare agency in order to allow receipt of adequate food, clothing, shelter, education, and medical treatment for anyone raising a child that is not their own.
FOSTER CARE
38
Phrase meaning "For the Proceeding" referring to adults who look after the welfare of a child and represent their legal interests.
GUARDIAN AD LITEM
39
Court order giving an individual or organization legal authority over a child. A guardian of the person is usually an individual and the child is called a ward. A guardian of the estate is usually an organization, like a bank, which manages the property and assets of a child's inheritance. Guardians are usually compensated for their services.
GUARDIANSHIP
40
Being born to unmarried parents. The law assumes legitimacy via a married mother's husband, whether or not this is the true father. Illegitimacy status limits inheritance rights.
ILLEGITIMACY
41
Teachers, administrators, and babysitters who are viewed as having some temporary parental rights & obligations.
IN LOCO PARENTIS
42
Case that determined the Constitution requires a separate juvenile justice system with certain standard procedures and protections, but still not as many as in adult systems.
IN RE GAULT (1987)
43
Procedure prior to preliminary hearing in which a group of people (intake officer, police, probation, social worker, parent and child) talk and decide whether to handle the case formally or informally.
INTAKE
44
Any official decision or finding of a judge or administrative agency hearing officer upon the respective rights and claims of parties to an action; also known as a decree or order.
JUDGEMENT
45
Legal doctrine granting mothers custodial preference after a divorce.
MATERNAL PREFERENCE RULE
46
Parental failure to provide a child with basic necessities when able to do so. Encompasses a variety of forms of abuse that do not require the element of intent.
NEGLECT
47
A doctrine in which the state acts as the father of the citizens. It is a legal doctrine establishing "parental" role of state over welfare of its citizens, especially its children. A 19th century idea first articulated in Prince v. Massachusetts (1944).
PARENS PATRIA
48
Release of a juvenile delinquent from custodial confinement prior to expiration of sentence; sometimes called aftercare.
PAROLE
49
Result of lawsuit forcing a reluctant man to assume obligations of fatherhood. Blood and DNA tests showing a 98 or 99 percent likelihood are the standard. Laws vary widely in terms of statutes of limitations and when paternity actions will not be allowed (estoppel).
PATERNITY
50
Also known as the “Child and Youth Welfare Code”.
PRESIDENTIAL DECREE NO. 603
51
In juvenile court, a plea of "not guilty" will move the case to adjudication, and a plea of "guilty" or "nolo contendere" will result in waiver of the right to trial. State procedures vary widely in how intelligent and voluntary pleas are accepted.
PLEADING
52
The bringing of a juvenile before a magistrate or judge in which charges are formally presented. Similar to an arraignment in adult court, and also called "advisory hearings" or "initial appearances" in some state juvenile justice systems.
PRELIMENARY HEARING
53
Keeping a juvenile in custody or under a different living arrangement until the time when an adjudication can take place. Upheld in Schall v. Martin (1984), but the right to speedy trial requires the dropping of charges if an unreasonable amount of time is spent in preventive detention.
PREVENTIVE DETENTION
54
Emergency, temporary custody by a child welfare agency, police agency, or hospital for reasons of immanent danger to the child. A hearing must be held for the benefit of the parents within a few days.
PROTECTIVE CUSTODY
55
Legal doctrine granting custody to the parent whom the child feels the greatest emotional attachment to.
PSYCHOLOGICAL PARENT DOCTRINE
56
“Juvenile Justice and Welfare Act of 2006.”
REPUBLIC ACT NO. 9334
57
“Family Courts Act of 1997”.
REPUBLIC ACT NO. 8369
58
“Anti-Violence Against Women and Their Children Act of 2004”
REPUBLIC ACT NO. 9262
59
Otherwise known as the, “Special Protection of Children against Abuse, Exploitation and Discrimination Act”.
REPUBLIC ACT NO. 7610
60
An Act prohibiting the employment of Children below 15 years of age in public and private undertakings amending for this purpose Section 12, Article VIII of R.A. 7610
REPUBLIC ACT NO. 7658
61
“Otherwise known as the Youth in Nation – Building Act”.
REPUBLIC ACT NO. 8044
62
An Act providing for the elimination of the worst forms of child labor and affording stronger protection for the working child, amending for this purpose RA 7610, as amended.
REPUBLIC ACT NO. 9231
63
A disposition requiring a defendant to pay damages to a victim. The law prohibits making restitution a condition of receiving probation. Poor families cannot be deprived of probation simply because they are too poor to afford restitution. Some states do not allow families to pay restitution.
RESTITUTION
64
Federal and state laws that prohibit anyone under age 16 from employment.
RULE OF SIXTEEN
65
Case in which it was determined constitutional to execute juveniles between the ages of 16-18, but unconstitutional if they committed crimes while under age 16. Won by a narrow majority, as in the 1988 case of Thompson v. Oklahoma which relied upon "standards of decency".
STANFORD V. KENTUCKY (1989)
66
An activity illegal when engaged in by a minor, but not when done by an adult. Examples include truancy, curfew, running away, or habitually disobeying parents.
STATUS OFFENSE
67
A spouse of a biological parent who has no legal rights or duties to the child other than those which have been voluntarily accepted.
STEPPARENT
68
A parent who provided an egg, sperm, or uterus with an intent of giving the child up for adoption to specific parties.
SURROGATE PARENT
69
Legal doctrine that unless the mother is "unfit", very young children should be placed in custody with their mother following a divorce.
TENDER YEARS DOCTRINE
70
Process for legally severing the parent-child relationship. Initiated by the filing of a petition in family court, and almost always brought forth by a child welfare agency. Requires a finding of "unfitness" and a determination of the best interests of the child.
TERMINATION HEARING
71
Is composed of five components/pillars. The Police. The prosecution and the community which are involved in handling youth offenders and other CEDC.
JUVENILE JUSTICE SYSTEM
72
A temporary or permanent termination of parental rights in the best interest of the child usually for reasons of abandonment, abuse, or neglect, but also including mental illness, addiction, or criminal record. Poverty alone and character flaws are prohibited by law from being indicators of "unfitness".
UNFIT PARENT
73
Is first and the most basic institution in our society for developing the child’s potential, in all aspects like emotional, intellectual, moral and spiritual, as well as physical and social.
FAMILY
74
Is the primary institution that molds a child to either a law-abiding person or delinquent. The effects of pathology social relations in the home are to a grate extent influence anti-social behaviors. This means that the home can be potent force of either good or evil.
FAMILY
75
Suggest of parents on the welfare to the children. Many delinquent children come from broken home if not a problematic environment in the home. This would indicate that broken home could trigger the problems in ineffective house hold management.
BROKEN HOME
76
In such neighborhoods, families, school authorities, and even community organizations are often incapable of providing any protection for children. There are no peer-level social supports to reinforce the conventional lifestyles that these agencies want their children to emulate. The reality of street life, its illicit economy, and quick and easy pathways to success and prestige through violence and crime all offer rewards that offset the risks associated with these activities.
ENVIRONMENT
77
It is where the child influenced after his first highly formative years. Years in the community turn to become delinquent with companions. Youth today accuse those ahead of them for failure to define how to live both honorably and successfully in a world that is changing too rapidly for anyone to comprehend.
ENVIRONMENT
78
Refers to areas or places in which dwelling or housing conditions are dilapidated, unsanitary, and unhealthy which are detrimental to the moral, health, and safety of the populace. It is commonly characterized by overcrowding with disintegrated and unorganized inhabitants and other close relatives.
BAD NEIGHBORHOOD
79
It is a part of broader social process for behavior influence. It is said that this is an extension of the home having the strategic position to control crime and delinquency. It exercises authority over very child as a constituent.
SCHOOL
80
Is a public instrument for training young people.
SCHOOL
81
Is a wrong, degrading or immoral habit or practice accustomed to the child.
VICES
82
Means absence without causes for more than twenty school days, not necessarily consecutive. It shall be the duty of the teacher in charge to report to parents the absence of the child the moment these exceed five school days.
TRUANCY
83
It is characterized by lack of response, lack of conscience, deficient feeling of affection to others and aggression to environment and other people. It is, therefore, more directly accessible to change through the development of a new resources and policies.
PSYCHOPATHIC PERSONALITY
84
Popular explanations of juvenile crime often rest on ideas about the corrupting influence of television, movies, music videos, video games, rap/hip hop music, or the latest scapegoat du jour, computer games like Doom or Quake. The fact is that TV is much more pervasive, and has become the de facto babysitter in many homes, with little or no parental monitoring.
MEDIA INFLUENCE
85
The media is the best institution for information dissemination thereby giving the public necessary need to know, and do help shape everyday views about crime and its control.
MASS MEDIA
86
It has become prevalent, especially among the slacker generations, GenX and Gen13, to join the old WWII generation in self-righteous, totally gratuitous Sixties-bashing, as if all our social problems, especially our declining social morality, started with the free-for-all, "any thing goes" hippie movement of the 1960s. This time period is often blamed for giving birth to rising hedonism, the questioning of authority, unbridled pursuit of pleasure, the abandonment of family responsibility, demand for illicit drugs, and a number of other social ills.
SOCIAL MORALITY
87
Religious is a positive force for good in the community and an influence against crime and delinquency.
CHURCH
88
Influences people’s behavior with the emphasis on morals and life’s highest spiritual value’s the worth and dignity of the individual, and respect for person’s live and properties, and generate the full power to oppose crime and delinquency.
CHURCH
89
Rights of Children
- Rights to equality of race, color, religion, sex, and nationality.
- Rights to a name and nationality.
- Rights to grow up in the family environment.
- Rights to adequate means of survival, food, clothing, shelter and medical care.
- Rights to free education, play and recreation.
- Rights to express his views.
- Protection from cruelty, neglect and all forms of exploitation.
- Protection from prosecution and to an upbringing in the spirit of worldwide brotherhood and peace.
90
Also known as the “Child and Youth Welfare Code” as amended stipulated the duty of the concerned law enforcement agency to take the youth offender, immediately after his apprehension, to the proper medical or health officer for a thorough physical and mental examination.
ARTICLE 190 OF PD 603
91
DUTIES OF PARENTS
1. To give affection, companionship and understanding
2. To extent to him the benefits of moral guidance, self- discipline and religious instruction
3. To inculcate in him the value of industry, thrift and self-reliance
4. To supervise his activities, including his recreation.
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and development his commitment to his country.
6. To advise him properly on any matter affecting his development and well being
7. To always set a good example
8. To provide him with adequate support
92
Are responsible for the damage or torts (an injury or wrong done to someone) caused by the child under their authority on according with the civil code.
PARENTS AND GUARDIANS
93
Shall attach to any parents and shall be punishable with imprisonment from six months or fine not exceeding five hundred pesos, or both, for any act by then in any of the following manner.
CRIMINAL LIABILITY
94
Is one that provides twenty – four residents group care service for the physical, mental and spiritual well- being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children or youthful offender.
CHILD-CARING INSTITUTION
95
Is a twenty four hour child- caring institution
Providing short term resident care for youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
DETENTION HOME
96
Is one that provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as material witnesses.
SHELTER-CARE INSTITUTION
97
Are family type homes which provides temporary shelter from ten to twenty days for children who shall during this period be under observation and study for eventual placement by the Department of Social Welfare. The number of children in a receiving home shall not at any time exceed nine; provided that no more than two of them shall be under three year of age.
RECEIVING HOMES
98
Is Child –Caring Institution – provides care for six or more children below six years of age for all or part of a twenty- four hour day, except those duly licensed to offer primarily medical and educational services.
NURSERY
99
Is an Institution – or place of residence whose primarily function is to give shelter and care to pregnant women and their infants before, during and after delivery.
MATERNAL HOMES
100
Is an institution that receives and rehabilitates youthful offenders or other disturbed children.
REHABILITATION CENTER
101
Is an institution that receives for study, diagnosis and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them or recommending their permanent treatment or rehabilitation on other child welfare agencies.
RECEPTION AND STUDY CENTER
102
Is an institution or person assuming the care, custody, protection and maintenance of children for placement in any child- caring institution or home or under the care and custody of any person or persons for purpose of adoption, guardianship or foster care. The relatives of such child or children within the sixth degree of consanguinity or affinity are executed from this definition.
CHILD-PLACING AGENCY
103
CLASSIFICATION OF MENTAL RETARDATION (ART. 169)
1. Custodial Group – members of this group whose IQ’s to 25.
2. Trainable Group – members of this group consist with IQ’s from about 25 to 50.
3. Educable Group - members of this group consist with IQ’s from about 50 to 75.
4. Borderline Group - members of this group consist with IQ’s from about 75 to 89.
104
Are those who are crippled, deaf-mute, blind or otherwise defective which restricts their means of action on communication with others.
PHYSICALLY HANDICAPPED CHILDREN (ART. 170)
105
Are also who, although not afflicted with insanity or mental defect are unable to maintain normal social relations with others and the community in general due to emotional problems or complexes.
EMOTIONALLY DISTURBED CHILDREN (ART. 171)
106
Are those with any behavioral disorder, whether functional or organic, which is of such a degree of severity as to require professional help or hospitalization.
MENTALLY ILL CHILDREN (ART. 172)
107
It it’s shown to the satisfaction of the court that the youthful offender whose sentence has been suspended, has behaved properly and has shown his capability to be a useful member of the community, even before reaching the age of majority, upon recommendation of the Department of Social Welfare, it shall dismiss the case and order his final discharged.
DISMISSAL OF THE CASE (ART. 176)
108
Where a youthful offender has been charged any city or provincial fiscal or before any municipal judge and the charges have been ordered dropped, all the records of the case shall be destroyed immediately thereafter.
RECORD PROCEEDING (ART. 200)
109
Refers to the security given for the release of the person in custody of the law, furnished by his/her or a bondsman to guarantee his/her appearance before any court. Bail may be given in the form of corporate security; property bond, cash deposit, or recognizance.
BAIL
110
Refers to the totality of the circumstances and condition which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child’s physical, psychological and emotional development. It also means at least detrimental available alternative for safeguarding the growth and development of the child.
BEST INTEREST OF THE CHILD
111
Refers to a person under the age of eighteen (18)
CHILD
112
Refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances.
CHILD AT RISK
113
Refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.
CHILD IN CONFLICT WITH THE LAW
114
Refers to the programs provided in a community setting developed for purpose of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community.
COMMUNITY-BASED PROGRAMS
115
Refers to a family court or, in places where there are no family courts may regional trial court.
COURT
116
Refers to any form of detention or imprisonment or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority.
DEPRIVATION OF LIBERTY
117
Refers to an alternative, child appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological, or educational background without resorting to formal court proceedings.
DIVERSION
118
Refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings.
DIVERSION PROGRAM
119
Refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. In includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3 (b) of Rule 112 of the Revised Rules of criminal Procedure or summons under Section 6 (b) or Section 9 (b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be conflict with the law under immediate custody.
INITIAL CONTACT WITH THE CHILD
120
Refers to a series of activities which are designed to address that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well- being.
INTERVENTION
121
Refers to a system dealing with children at risk and children in conflict with the law, which provides child appropriate proceedings including programs and services for prevention, diversion, rehabilitation, reintegration and aftercare to ensure their normal growth and development.
JUVENILE JUSTICE AND WELFARE SYSTEM
122
Refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code, including Barangay Tanod.
LAW ENFORCEMENT OFFICER
123
Refers to any act or omission whether punishable under special laws or revised Penal Code, as amended.
OFFENSE
124
Refers to an under taking in lieu of a bond assumed by a parent or custodian who shall responsible for the appearance in court of the child in conflict with the law when required.
RECOGNIZANCE
125
Refers to a principle which requires a process of resolving conflicts with the maximum involvement of a victim, the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It is also enhances public safety by activating the offender, the victim and the community in prevention strategies.
RESTORATIVE JUSTICE
126
Refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations, truancy, parental disobedience and the like.
STATUS OFFENSE
127
Refers to a 24 –hour child –caring institution managed by accredited local government units (LGU’s) and licensed and /or accredited NGO’s providing short term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
YOUTH DETENTION HOME
128
Case requiring a special hearing before any transfers to adult court.
KENT V. U.S (1966)
