Fam. Law Ch 15
Card Set Information
Fam. Law Ch 15
Family Law Chapter Fifteen
Stanley v. Illinois
Family preservation is a priority
US Constitution protects family integrity
Child Abuse or neglect?
Any action or failure to act:
Resulting in risk of serious harm, death, physical/mental harm, sexual abuse, or exploitation of a child by a parent/caretaker responsible for the child.
Types of Abuse
Department of Child Services
Mandate = Reunification/preserving a family unit
"Resonable efforts to preserve and reunify families"
Entitled to report?
Professionals are obligated under Indiana law to report a child abuse or neglect.
Abuse - Begins immediately or within 24 hours; if there is imminent danger then within 1 hour.
Neglect - promptly or within 5 days
Substantiated (filed w/ child abuse)
Unsubstantiated (nothing filed)
Indicated (more monitoring/investigation)
Failure to report?
Person who reports has immunity from civil/criminal liability unless they acted in bad faith.
Failure = B misdemeanor (180 days of confinement & $1,000 fine)
Intentional failure = A Misdemeanor (1 yr in confinement and $5,000)
Resulting actions after investigation?
Family received informal services
Program of informal adjustemt
CHINS proceeding in court (remains w/ parent or foster care)
Termination of parental right proceeding
Termination of Parental Rights
Servers the legal bond between a parent and his/her biological child
Rights may be terminated as to one or both parents
GALS & CASA review the situation