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Flashcards in Dependency Deck (34)
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1

A university administrator knowingly and willfully fails to report a single known case of child abuse that occurred on her campus. What are the statutory repercussions for the administrator and the university that may result from the failure to report?


A The administrator may be charged with a third-degree felony. The university is subject to a fine of $1 million.
B The administrator may be charged with a second-degree felony. The university is subject to immediate charter revocation review.
C The administrator may be charged with second-degree felony. The university is subject to a fine of $5 million.
D The administrator may be charged with a third-degree felony. The university bears no liability.

A The administrator may be charged with a third-degree felony. The university is subject to a fine of $1 million.

Any person who knows, or has reasonable cause to suspect, that a child: (i) is abused, abandoned, or neglected; (ii) is in need of supervision and care and has no available parent, legal custodian, or responsible adult relative to provide such; or (iii) is the victim of sexual abuse, is required by law to report the knowledge or suspicion to the DCF central abuse hotline.A person required to report who knowingly and willfully fails to do so commits a third-degree felony.Any college, university, or school whose administrators knowingly and willfully fail to report known or suspected child abuse, abandonment, or neglect committed on the property of the university, college, or school (upon receiving information from faculty, staff, or other institution employees), or whose law enforcement agency fails to report, is subject to fines of $1 million for each failure. Charter revocation review is not called for by statute for the university’s failure to report.

2

What is a valid reason that DCF may exceed 60 days from receiving the initial report of abuse to complete its protective investigation?


A There are extenuating circumstances that allow DCF to deem the investigation complex.
B The parent or guardian has refused to submit to a DCF interview.
C There is also an active, concurrent criminal investigation continuing beyond 60 days.
D The guardian ad litem has determined it is in the best interests of the child that DCF suspend the investigation.

C There is also an active, concurrent criminal investigation continuing beyond 60 days.

DCF must complete its protective investigation within 60 days after receiving the initial report unless: (i) There is also an active, concurrent criminal investigation continuing beyond this period; (ii) In child death cases, the final report of the medical examiner is necessary and has not been received within this period; or (iii) A child who is necessary to investigation has been declared missing. DCF does not have the discretion to deem investigations complex as a means to secure additional time to complete its protective investigation. A guardian’s refusal to submit to DCF interview does not slow the DCF investigation. The child’s guardian ad litem has no statutory ability to suspend a protective investigation.

3

What is one situation in which a child may be taken into custody based upon sworn testimony of a law enforcement officer or authorized DCF agent?


A Reasonable suspicion to support a finding of abuse, neglect, abandonment.
B Probable cause that the guardian will be incarcerated imminently.
C Reasonable suspicion to support a finding that the child has no parent, custodian, or responsible adult relative available to provide supervision and care.
D Probable cause to support a finding that the parent or custodian has materially violated a condition of placement imposed by a court.

D Probable cause to support a finding that the parent or custodian has materially violated a condition of placement imposed by a court.

A child may only be taken into custody upon sworn testimony (before or after a petition is filed) by a law enforcement officer or authorized DCF agent, based on probable cause to support a finding: (i) of abuse, neglect, abandonment; (ii) that the parent has materially violated a condition of placement imposed by the court; or (iii) that the child has no parent, custodian, or responsible adult relative available to provide supervision or care. Reasonable suspicion is an insufficient standard of proof and probable cause of imminent incarceration is an insufficient condition to support a child being taken into custody.

4

What rights are granted to parents of children who are the subject of shelter hearings?


A The right to be given notice of the hearing and the right to be heard and present evidence.
B The right to speak with their minor child prior to the hearing and the right to be provided an attorney to represent their interests if they are deemed indigent.
C The right to be given notice of the hearing and the right to be provided an attorney to represent their interests if they are deemed indigent.
D The right to speak with their minor child prior to the hearing and the right to be heard and present evidence.

A The right to be given notice of the hearing and the right to be heard and present evidence.

When a child is taken into custody and not returned to the parent or legal guardian, a request for a shelter hearing must be made within 24 hours after the child’s removal. When a hearing is set, the parents must be given notice of the hearing. At the shelter hearing, the parents have the right to be heard and present evidence. The parents do not have the right to speak with their child or to be provided an attorney to represent their interests.

5

Upon the filing of a petition to have a child adjudicated dependent, DCF is required to conduct a diligent search for a parent or prospective parent if their location is unknown. What is included among the minimum requirements to meet the diligent search standard?


A Inquiry of banking institutions.
B Inquiry of appropriate utility and postal providers.
C Inquiry of public via notice of the hearing in major printed publication.
D Inquiry of potential employers of the parent.

B Inquiry of appropriate utility and postal providers.

A diligent search requires, at a minimum, inquiries of: (i) all relatives of the parent or prospective parent made known to DCF, (ii) all DCF offices and state and federal agencies likely to have information about the person, (iii) appropriate utility and postal providers, and (iv) appropriate law enforcement agencies. There must also be a thorough search of at least one electronic database specifically designed for locating persons. DCF is not obligated to inquire with either banking institutions or employers. Publication is not required to meet the standard of a diligent search.

6

A noncitizen child who has been abused, abandoned, or neglected is entitled to which DCF services?

A No DCF services.
B Expedited permanency determination.
C Minimum services necessary to provide for the health of the child during the pendency of immigration determination.
D All services except where alienage or immigration status is explicitly set forth as a statutory condition of coverage.

D All services except where alienage or immigration status is explicitly set forth as a statutory condition of coverage.

Services to children alleged to have been abused, neglected, or abandoned must be provided without regard to the citizenship of the child (except where alienage or immigration status is explicitly set forth as a statutory condition of coverage or eligibility). If a child adjudicated dependent is not a citizen of the United States, DCF must include in the case plan developed for the child a recommendation as to whether the permanency plan will include remaining in the United States and determine whether the child may be eligible for special immigrant juvenile status under federal law. A noncitizen child is not entitled to expedited determination.

7

Reunification is the preferred permanency goal in a case plan. Of the options listed, what would be next preferred goal?


A Permanent placement with a fit and willing relative.
B Determination of minor emancipation.
C Adoption by nonrelative.
D Permanent guardianship.

C Adoption by nonrelative.

Permanency goals, in order of preference, are: (1) Reunification; (2) adoption; (3) permanent guardianship; (4) permanent placement with a fit and willing relative; (5) Placement in another planned permanent living arrangement. Determination of minor emancipation is not a preferred permanency goal.

8

What is one effect of placing a child in a planned permanent living arrangement?


A DCF is relieved of the responsibility for supervising the placement of the child.
B DCF is required to continue searching for an appropriate permanent guardianship.
C The parent retains the right to consent to the child’s adoption.
D The parent is relieved of any responsibility to provide financial support for the child.

C The parent retains the right to consent to the child’s adoption.

Placement of a child in a planned permanent living arrangement does not terminate the parent-child relationship, including, but not limited to: (i) the right of the child to inherit from her parents, (ii) the parents’ right to consent to the child’s adoption, or (iii) the parents responsibility to provide financial, medical, or other support for the child as ordered by the court. DCF must continue to supervise the planned permanent living arrangement until the court orders otherwise, but is not required to search for a permanent guardianship if there are compelling reasons to show that placement in a planned permanent living arrangement is the most appropriate permanency goal.

9

True or False?

A rebuttable presumption of detriment to a child is created when a court has determined a parent is a sexual predator.

True

10

True or False?

A person who has been determined by a court to be a sexual predator may visit or have contact with a child only after a hearing and an order by the court that allows visitation.

True

11

True or False?

If the court finds the person seeking contact with a child victim did not rebut the presumption of detriment to the child, the court will enter an order prohibiting or restricting visitation or contact with the child.

True

12

True or False?

The presumption of detriment to the child is rebutted if the person proves beyond a reasonable doubt that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the visitation or other contact.

False.

The standard is proof by clear and convincing evidence.

13

True or False?

If a child has been taken into custody and a shelter petition is filed, the parents must be given notice of a shelter hearing and have the right to be heard and present evidence.

True

14

True or False?

If a child has been taken into custody and a shelter petition is filed, the court must appoint a guardian ad litem to represent the interests of the child, unless the court makes a finding that such representation is not necessary.

True

15

True or False?

If a child has been taken into custody and a shelter petition is filed, a child may not be held in a shelter under an order for more than 30 days without an adjudication of dependency..

False.

Child may not be held in a shelter under an order for more than 60 days without an adjudication of dependency.

16

True or False?

If a child has been taken into custody and a shelter petition is filed, a child may not be held in a shelter for more than 30 days after the entry of an order of adjudication unless an order of disposition has been entered by the court.

True.

17

A petition alleging dependency must be filed within _____ after the shelter hearing or within ______ after any party files a demand for the early filing of a dependency petition, whichever comes first.

21 days; 7 days

18

The court retains jurisdiction over ra child returned to a parent for a minimum period of ________ following the reunification, and then determines whether supervision by DCF and the court's jurisdiction will continue or be terminated.

6 months

19

When a child has been sheltered by order of the court, an arraignment hearing must b held no later than ______ after the shelter hearing, or within _______ after the date of filing of the dependency petition if a demand for early filing has been made by any party.

28 days; 7 days

20

True or False?

The case plan must be developed in a face-to-face conference with either the parent or the court-appointed guardian ad litem.

False.

The case plan must be developed in a face-to-face conference with the parent, any court-appointed guardian ad litem, and, if appropriate, the child and temporary custodian.

21

True or False?

If available, the parent must be given a copy of the case plan.

True

22

True or False?

If available, the parent must be advised that he or she may request judicial review of any provision of the case plan.

True

23

True or False?

DCF must file a petition to terminate parental rights within 60 days after the child is not returned to the physical custody of the parents 12 months after the child was sheltered or adjudicated dependent, whichever occurs first.

True

24

True or False?

DCF must file a petition to terminate parental rights within 60 days after the child has been in out-of-home care under the responsibility of the state for 12 of the most recent 22 months.

True

25

True or False?

DCF must file a petition to terminate parental rights within 60 days after the parent has been convicted of a first-degree or second-degree felony.

False.

26

True or False?

DCF must file a petition to terminate parental rights within 60 days after the court determines that reasonable efforts to reunify the child and parent are not required.

True.

27

True or False?

An order of termination of parental rights permanently deprives the parent of any right to the child.

True.

28

True or False?

Termination of parental rights does not affect the rights of grandparents unless the court finds that continued visitation is not in the best interests of the child or that such visitation would interfere with the permanency goals for the child.

True.

29

True or False?

The court may not order that the parents, siblings, or other relatives of the parent whose rights are terminated be allowed to maintain contact with the child pending adoption.

False.

The court may order that the parents, siblings, or other relatives of the parent whose rights are terminated be allowed to maintain some communication or contact with the child pending adoption if the best interests of the child support this, but the order must state the nature and frequency, and these may be reviewed on motion of any party or an identified prospective adoptive parent.

30

True or False?

After termination of parental rights, the court retains jurisdiction over any child for whom custody is given to a social service agency until the child is adopted.

True.