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Flashcards in Family Law Deck (35)
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30

Family offenses

Civil --> family court.
-victim sues, can get temporary child support or custody.

Criminal --> criminal court.
-district attorney brings charges.

* Protective orders
- May be issued ex parte
- last up to 2 years, or 5 years if severe and aggravating circumstances (weapon, serious injury, history of violence, immediate danger)

31

Child Protection

Report --> Child welfare agency --> investigation --> if claim substantiated, case continues.
- if child remains at home, agency must use "diligent and reasonable efforts" to ensure child's safety.
- if child removed from home, must show reasonable efforts to avoid removal.

petition --> fact finding hearing --> emergency placement.
-child has right to attorney throughout.
- if child is in place for 15-22 months, agency MUST file petition to involuntarily terminate parental rights. need to show by clear and convincing evidence that child was abused or neglected and cannot safely return home.

32

Juvenile delinquency

Crime by person 7-16 --> family court (17 or 18 may be tried as adult). called a "fact finding hearing."
- no jury or bail.
- right to attorney.
- SOP = beyond a reasonable doubt.
- "disposition" = sentencing hearing.

33

Persons in Need of Supervision

Minor with status offense:
1) Truancy
2) Being incorrigible
3) Being ungovernable

* filed in family court.
- child can be placed for 18 months in foster care, BUT NOT in detention facility.

34

Abortion

Up to 24 weeks --> woman or physician can perform abortion.

After 24 weeks --> physician may perform ONLY IF necessary to preserve the life of the mother.

After 12 weeks, only at hospital on inpatient basis.

After 20 weeks, if performed, must have second licensed physician present to take care of the child.

Doctors may refuse to perform abortions by registering with appropriate entity. This shields them from tort liability.