Fam. Law Ch 15

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Fam. Law Ch 15
2011-12-11 13:40:48
Family Law

Family Law Chapter Fifteen
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  1. Stanley v. Illinois
    • Family preservation is a priority
    • US Constitution protects family integrity
  2. 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.
  3. Types of Abuse
    • Physical Abuse
    • Neglect
    • Sexual Abuse
    • Emotional Abuse
  4. DCS?
    • Department of Child Services
    • Mandate = Reunification/preserving a family unit
    • "Resonable efforts to preserve and reunify families"
  5. Entitled to report?
    Professionals are obligated under Indiana law to report a child abuse or neglect.
  6. Abuse/Neglect Investigation
    • Abuse - Begins immediately or within 24 hours; if there is imminent danger then within 1 hour.
    • Neglect - promptly or within 5 days
  7. Abuse/Neglect Reports?
    • Substantiated (filed w/ child abuse)
    • Unsubstantiated (nothing filed)
    • Indicated (more monitoring/investigation)
  8. 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)
  9. 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
  10. 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