http://www.rccasa.org/StudyManuals/02_CASA_ISE_Vol_1008.pdf
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national casa independent study manual
Introducing the Law,
Chapter 2 the Child protection System
2
& the Courts
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Chapter 2
2
Introducing the Law,
the Child protection
System & the Courts
ContentS
Chapter Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V2-2
UnIt 1 The Development of Child Abuse & Neglect Laws . . . . . . . . . . .V2-4
UnIt 2 Introducing CPS & the Court Process . . . . . . . . . . . . . . . . . . . .V2-14
UnIt 3 The Roles in a Juvenile Court Case . . . . . . . . . . . . . . . . . . . . . .V2-21
Looking Ahead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V2-27
Parking Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .V2-31
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Chapter 2
2
Introducing
the Law, the Child
protection System
& the Courts
GettInG In G ear
Chapter oVerVIeW ResouRce MateRials exploRation
Look at the Chapter 2 Web Resources or the Chapter 2 Resource Materials.
Pick at least one website or article to explore, and share what you learn
at the next debriefing session.
Media RepoRts on child a buse
Look and listen for media reports (newspaper stories, magazine articles,
TV reports, and/or radio broadcasts) regarding child abuse today. Make
notes about information that you find.
GoaL
In this chapter, I will increase my understanding of child abuse and
neglect issues and the development of child advocacy laws. I will be
introduced to the laws, the child protection system, and the court
procedures that apply to my work as a CASA/GAL volunteer.
objeCt IVeS
By the end of this chapter, I will be able to . . .
3 Describe how the history and development of child abuse and
neglect laws affect policy and law today
3 Identify applicable state, tribal, and local laws and understand how
these laws guide the work of the CASA/GAL volunteer
3 Explain how a child abuse or neglect case enters the child protection
system
3 Recognize the different hearings and what occurs at each point in
the juvenile court process
3 Identify the roles and perspectives of the various people in a child
abuse or neglect court case
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2
CHAPTER
Chapter t IpS
Many of the legal terms used in this chapter appear in the Glossary at
the end of this manual. Please refer to the Glossary as you go through
this chapter, and familiarize yourself with the meanings of these terms.
SUppLeMentaL Mater Ia LS
handouts (provided by facilitator)
3 Names and dates of state, tribal, and local child abuse laws/
regulations (for Activity 2B)
3 State child abuse and neglect statutes and mandatory reporting laws
(for Activity 2C)
3 State and local child abuse/neglect case statistics (for Activity 2E)
audio pResentations (access on www.casanet.org)
3 Mary Ellen’s story (for Activity 2A)
3 Child abuse report scenarios (for Activity 2E)
DebrIeFInG SeSSIon
As you work through this chapter, complete all the activities and answer
all the questions in the space provided. Be prepared to share your
responses at the debriefing session for this chapter.
parKInG Lot
At the end of this chapter you will find a page designated as the
Parking Lot. Find and bookmark this page now, and use it throughout
the chapter to note any questions, ideas, or concerns that you wish to
discuss with CASA/GAL program staff.
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2 UnIt 1 activity 2a: Mary ellen’s Story
CHAPTER
the development Part 1: Listen to the online audio presentation of Mary Ellen’s
story, which describes one of the first documented cases of
of child abuse & child abuse in the United States. If you do not have access to a
neglect laws computer with a high-speed Internet connection, read the story
below.
Mary Ellen’s Story
Mary Ellen’s case took place in 1874. Her spirit remains with us because
her case is generally regarded as the beginning of public concern for the
plight of abused and neglected children.
Mary Ellen was a child whose father was dead and whose mother could
not care for her because she was destitute and had to work full-time.
The New York Commission of Charities and Correction placed Mary
Ellen with Mary McCormack Connolly and her husband, who were to
care for her and report each year on her progress.
Instead, Mrs. Connolly abused her. She beat Mary Ellen, locked her in a
room, rarely allowed her outside, and did not provide adequate food or
clothing.
Upset by the child’s screaming, a neighbor told a mission worker about
Mary Ellen. The mission worker could find no one to intervene; at the
time, laws protecting children were not systematically enforced.
The mission worker finally appealed to Henry Bergh, the founder and
president of the ASPCA, the American Society for the Prevention of
Cruelty to Animals. He took up Mary Ellen’s cause and was able to
persuade a judge to hear her case.
Mary Ellen was carried into the courtroom wrapped in a blanket. This is
what the newspaper reported that she told the judge:
My father and mother are both dead. I don’t know how old I am. . . .
I call Mrs. Connolly mamma. I have never had but one pair of shoes, but
I cannot recollect when that was. . . . My bed at night has only been a
piece of carpet stretched on the floor underneath a window. . . . Mamma
has been in the habit of whipping and beating me almost every day.
She used to whip me with a twisted whip—a raw hide. . . . She struck
me with the scissors and cut me; I have no recollection of ever having
been kissed by any one—have never been kissed by mamma. . . .
Whenever mamma went out I was locked up in the bedroom. . . . I do
not want to go back to live with mamma because she beats me so.
Mary Ellen was removed from the people who had mistreated her. Her
case stirred public attention, and complaints began to pour in to Henry
Bergh. So many cases of child beating and cruelty to children came to
light that citizens called a community meeting and formed an association
“for the defense of outraged childhood.” That association gave rise to
the Society for the Prevention of Cruelty to Children, which was formally
incorporated the year after Mary Ellen’s situation came to light.
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Part 2: In the space provided, answer the following questions: leaRn MoRe! 2
A more detailed account CHAPTER
• How did you feel as you read Mary Ellen’s story
of Mary Ellen’s story
appears in the Chapter 2
______________________________________________________________ Resource Materials . UNIT
1
______________________________________________________________
______________________________________________________________
UNIT
• Why do you think Mary Ellen’s situation happened 2
______________________________________________________________
UNIT
______________________________________________________________
3
______________________________________________________________
• How is Mary Ellen’s story different from the ones you learned
about through the media accounts that you gathered for this
chapter
______________________________________________________________
______________________________________________________________
______________________________________________________________
• How is it similar
______________________________________________________________
______________________________________________________________
______________________________________________________________
activity 2b: the Development of
Child abuse & neglect Laws
Part 1: Read the brief history of attitudes toward and treatment
of children, which appears on the following page.
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2 Historical Treatment of Children
CHAPTER Historically, many cultures did not value children. There are exceptions
to this, of course, and some cultures have respected and protected
children throughout history.
UNIT
1 Many practices that were once accepted or condoned would be
considered abusive today, such as:
• Treating children as “property” with no rights
UNIT “The justice of a master or father is different from that of a citizen;
2 for a son or a slave is property and there can be no injustice to one’s
property.” — Aristotle
• Harsh physical discipline
UNIT
“If one beats a child until it bleeds then it will remember; but if one
3
beats it to death, the law applies.” — 13th-century saying
• Infanticide—the willful killing of a child—particularly of weak or
“deformed” infants and of female children
• Dubious child-rearing practices, such as swaddling for prolonged
periods or early marriage of children
“We went the next day into the town and to the house of the
merchant and he said, ‘My daughter is 13 years old and no longer a
child and she is fit for marriage.’” — Pearl S. Buck, The Good Earth
Some cultures honored and supported children by:
• Punishing the mistreatment or murder of children
The Code of Hammurabi (1780 B.C.E.)
• Opposing physical discipline
“A loving parent’s hands should be as soft as feathers and not cast
iron, and should not break bones.” — Ghana
“A whipped child loses courage and his soul withers and dwindles away
until he dies. For the soul of a child is a tender thing and easily hurt.”
— Havasupai
Deeply embedded in the history of many industrialized societies,
including the United States, were “antichild” practices such as:
• Indentured servitude and child slavery
• Orphan trains
• Boarding schools for Native American children
• Child labor in mines and factories
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Part 2: Read the material below about the development of child 2
abuse and neglect laws. The facilitator will provide a handout CHAPTER
about the development of state, tribal, and local laws. In the
space below, record what stands out to you.
UNIT
1
______________________________________________________________
______________________________________________________________
UNIT
______________________________________________________________ 2
______________________________________________________________
UNIT
3
Child-focused policies are relatively new.
• 1899: First juvenile court (Chicago) placed dependent and delinquent
children in homes for wayward youth or reform schools
• 1910: Development of X-ray technology, which eventually allowed
doctors to detect subdural (under the skin) injuries and untreated
fractures
• 1938: Fair Labor Standards Act imposed restrictions on child labor
• 1962: Dr. C. Henry Kempe created the diagnosis for battered child
syndrome
• 1965: Mandatory reporting laws in place in all states
Beginning in the 1970s, the United States Congress became aware
(along with the rest of the nation) that the child welfare system was leaRn MoRe!
not adequately protecting children and their families. From a historical
Detailed summaries of
perspective, it can be said that we are still relatively new to the concepts
the federal laws that
of protecting abused and neglected children and developing appropriate
impact your work as a CASA/
systems, methods, and programs to cope with the problems these
children face. GAL volunteer appear in the
Chapter 2 Resource Materials .
The chart on the next page outlines information about federal child
abuse and neglect laws.
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2 Federal child abuse & neglect laws
CHAPTER
1974: Child abuse prevention and treatment act (Capta), Public Law 93-247, amended in 1996
Created the National Center on Child Abuse and For CASA/GAL volunteers:
UNIT
Neglect and earmarked federal funds for states to • Learn whether you, as a CASA/GAL volunteer, are
1 establish special programs for child victims of abuse a mandated reporter .
or neglect . • Learn whether the guardian ad litem has to be
an attorney in your state .
UNIT This law requires that states:
2 • Have child abuse and neglect reporting laws
• Investigate reports of abuse and neglect
• Educate the public about abuse and neglect
• Provide a guardian ad litem to every abused or
UNIT neglected child whose case results in a judicial
3 proceeding
• Maintain the confidentiality of child protective
services records
1978: Indian Child Welfare act (ICWa), Public Law 95-608
• Recognizes that Indian children have special For CASA/GAL volunteers:
rights as members of sovereign nations within • Ask whether every child has Native heritage.
the United States • Investigate tribal resources and services that can
• Responded to congressional hearings in the 1970s be of great benefit to the child.
that revealed a pattern of public and private • Be aware that jurisdiction can be transferred to
removal of Indian children from their homes, the tribal court .
undermining their families and threatening tribal • Pay attention to the heritage and identity needs
survival and Native American cultures of the child .
• Was designed to implement the federal • Remember that ASFA timelines (see next page)
government’s trust responsibility to the nations do not apply to Indian children .
by protecting and preserving the bond between • Keep in mind that ICWA takes precedence over
Indian children and their tribe and culture other federal and state law .
• Sets up placement preference schemes for foster
care placements and adoptions of children who
have been determined to be Indian children
• Establishes the right of certain entities, including
the tribe and the Indian custodian, if one exists,
to appear as parties to child welfare cases
• Determines when and if a case should be
transferred to tribal court
• Describes rights of the Indian child and the
child’s tribe
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Federal child abuse & neglect laws 2
CHAPTER
1980: adoption assistance and Child Welfare act, Public Law 96-272
This law requires that states: For CASA/GAL volunteers:
UNIT
• Recruit culturally diverse foster and adoptive • Consider possible placements that respect the
1
families child’s cultural heritage but do not limit his/her
• Comply with the Indian Child Welfare Act options .
• Establish standards for foster family homes and • Learn the name of the data collection system
review the standards periodically used in your state: UNIT
• Set goals and a plan for the number of children 2
who will be in foster care for more than 24 ___________________________________________
months
• Provide “reasonable efforts” to prevent or • Learn how to access this information:
eliminate the need for removal of the child from UNIT
his/her home or to make it possible for the child ___________________________________________ 3
to return to his/her home
• Have a data collection and reporting system ___________________________________________
about the children in care
1990: Indian Child protection and Family Violence prevention act
• Establishes federal requirements for the reporting and investigation of child abuse and
neglect on tribal lands
• Requires background checks on individuals who have contact with Indian children
(including foster and adoptive families)
• Authorizes funding for tribal child abuse prevention and treatment programs
1993: Court Improvement Legislation
Encourages reform in the court system
1994: Multi-ethnic placement act (Mepa)
The goals of this law are to:
• Decrease the time children wait to be adopted
• Prevent discrimination on the basis of race, color, or national origin in the
placement of children and in the selection of foster and adoptive placements
• Facilitate the development of a diverse pool of foster and adoptive families
1996: Child abuse prevention and treatment act (Capta) amended
Amended to include Court Appointed Special Advocates as guardians ad litem
1997: adoption and Safe Families act (aSFa), Public Law 105-89
This act embodies three key principles: The act directs timelines within which the child
• The safety of children is the paramount concern. welfare system operates:
• Foster care is a temporary setting and not a place • Requires permanency plan within 12 months
for children to grow up . • Requires dispositional hearing within 12 months
• Permanency planning should begin as soon as of placement
the child enters foster care . • Requires court reviews every six months
1997: Volunteer protection act
Limits liability of volunteers
1999: Foster Care Independence act
Addresses needs of older youth in foster care, particularly those aging out of the system
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2 leaRn MoRe! t he indian child WelFa Re act
CHAPTER To find out more about
It is critical to understand that ICWA applies different standards
how tribes and states
to cases involving Indian children. It is always in the best interest
interact on child welfare
UNIT of an Indian child to have ICWA followed. Therefore, you should
cases, see “Tribal-State
1 Relations: Promising Practices always ask if the child you are working with has Native heritage,
even if the child does not “look Indian.” By identifying Indian
in Child Welfare” in the
children and monitoring ICWA compliance, you can help ensure
Chapter 2 Resource Materials .
that the Indian child’s cultural and familial needs will be fully
UNIT considered by the court.
2
ICWA resources:
3 The CASAnet website, www.casanet.org. An ICWA section
provides articles and more in-depth information.
UNIT
3 3 National Indian Child Welfare Association, www.nicwa.org.
Several excellent packets of ICWA information are available for
a small charge.
3 National CASA staff, staff@nationalcasa.org. National CASA
program specialists can answer questions and provide
information regarding ICWA.
otheR laWs that aFFect casa/Gal VolunteeR WoRk
In your work as a CASA/GAL volunteer, you will encounter other
federal laws that have an impact on child abuse and neglect cases.
Following are a few of them:
The Health Insurance Portability and Accountability Act of 1996
(HIPAA) requires, among other things, permission or a court order
to access “protected health information” for any individual. Your
program will have information on how to access health records.
Special Immigrant Juvenile Status (SIJS) assists some children,
including those in foster care, in obtaining legal permanent
residency.
Title VI of the 1964 Civil Rights Act says that any entity that
receives federal funds must provide a professional interpreter in court.
Titles IV-B and IV-E of the Social Security Act: IV-E is the primary
federal funding stream that partially reimburses states for foster
care for qualified children. IV-B allots funding for targeted case
leaRn MoRe! management services. The state must pay all expenses for a
To find out more about child who is not IV-E eligible out of state general revenues. These
laws related to a child’s expenses include foster care, therapy, etc.
education needs, see The Victims of Child Abuse Act of 1990 (VOCAA) protects the
National CASA’s E-Learning privacy rights of child victims or witnesses during the investigation
series, “Education and Youth or prosecution of a federal crime.
in Out-of-Home Care.”
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activity 2C: Your State Child abuse & 2
neglect Laws CHAPTER
Part 1: Read the information that follows about the legal
requirements for state definitions of child abuse and neglect. UNIT
1
Each state provides its own definitions of child abuse and neglect. There
are three places in state statutes where child abuse and neglect are UNIT
defined: 2
• Child abuse reporting laws for the identification of cases that
warrant reporting
UNIT
• Criminal codes for defining unlawful behavior
3
• Statutes for governing the juvenile court for determination of abuse
and neglect
In order for states to receive a federal grant for funding under the
Child Abuse Prevention and Treatment Act (CAPTA), they must utilize
definitions of child abuse and neglect that include, at a minimum,
certain specifications. State laws are largely based on the requirements
of federal legislation, such as CAPTA. Each state legislature must make
its own decisions about how to meet the requirements of federal laws
and the needs of the state.
According to definitions of child abuse and neglect on the Child Welfare
Information Gateway website:
Under CAPTA, child abuse and neglect means, at a minimum: “Any leaRn MoRe!
recent act or failure to act on the part of a parent or caretaker that
To find out more about
results in death, serious physical or emotional harm, sexual abuse, or
your state’s laws, go to the
exploitation; or an act or failure to act that presents an imminent risk of
Child Welfare Information
serious harm.”
Gateway State Statutes search
CAPTA defines sexual abuse as “The employment, use, persuasion, website, www.childwelfare.
inducement, enticement, or coercion of any child to engage in, or assist gov/systemwide/laws_policies/
any other person to engage in, any sexually explicit conduct or simulation search/index.cfm, where you
of such conduct for the purpose of producing a visual depiction of can search by state for statutes
such conduct; or the rape, and in cases of caretaker or interfamilial related to abuse and neglect,
relationships, statutory rape, molestation, prostitution, or other form of permanency planning, foster
sexual exploitation of children, or incest with children.” care, and adoption .
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2 Part 2: The facilitator will provide a handout containing your
CHAPTER state’s child abuse and neglect definitions (first introduced in
Chapter 1) and mandatory reporting statutes. In the space below,
answer the following questions:
UNIT
1 How do your state definitions comply with the CAPTA
requirements How do they go beyond CAPTA requirements
______________________________________________________________
UNIT
______________________________________________________________
2
______________________________________________________________
UNIT
3 ______________________________________________________________
In the Parking Lot, record any questions you have about state
laws.
activity 2D: principles & Values
that Guide the Law
Part 1: Read the following information about the principles that
guide child abuse and neglect laws and regulations.
Principles That Guide Child Abuse
& Neglect Laws & Regulations
• Federal laws and regulations shape delivery though policies and
dollars.
• States are responsible for the child protection function.
• Current federal regulations establish the policies for states when
responding to child abuse and neglect:
º Children are first, and foremost, protected from abuse and neglect.
º Children are safely maintained in their homes whenever
possible and appropriate.
º Children have permanency and stability in their living situations.
º The continuity of family relationships and connections is
preserved for children.
º Families have enhanced capacity to provide for their children’s needs.
º Children receive appropriate services to meet their educational needs.
º Children receive appropriate services to meet their physical and
mental health needs.
From the United States Department of Health and Human Services, Administration for
Children and Families, Administration on Children, Youth and Families, Children’s Bureau.
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Part 2: Our values as individuals and as a society affect our 2
response to children at risk. In crafting laws, legislators try to strike CHAPTER
a balance between competing values. You will consider these same
values as you advocate for children.
UNIT
On the following page is a series of continuums representing 1
some of these competing values. Put an X on the spot along
each continuum that indicates which value is more important to
you and how strongly you feel about it. On the lines below each
continuum, explain why you placed the X where you did. UNIT
2
Needs of child Rights of parents
UNIT
3
_____________________________________________________________________
_____________________________________________________________________
State intervention Privacy of family
_____________________________________________________________________
_____________________________________________________________________
Immediate safety Consequences of separation
_____________________________________________________________________
_____________________________________________________________________
Punishment of abuser Keeping family intact
_____________________________________________________________________
_____________________________________________________________________
Part 3: Be prepared to discuss the following questions at the
debriefing session for this chapter:
• How do you think your values will shape your advocacy How
might your advocacy influence the values you currently hold
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2 UnIt 2 activity 2e: how a Case enters the System
CHAPTER
introducing cps Part 1: Listen to the online audio presentation of the four child
abuse report scenarios. If you do not have access to a computer
& the court with a high-speed Internet connection, read the scenarios below.
process
scenaRio 1
Mrs. Delma Barnes lives next door to Sharon Frazier and her daughter
Taysia, who is 7. Mrs. Barnes called the child protection agency hotline
to report that she observed Taysia being spanked with a hand by her
mom. When asked, Mrs. Barnes told the caseworker that it wasn’t an
“extra-hard spanking,” but that she just did not believe in spanking
children at all. Mrs. Barnes said she saw Taysia afterward, and there
were no bruises or marks from the spanking. Mrs. Barnes talked with
Taysia, who told her she didn’t like being spanked. The case was
screened out by the intake worker, so there was no investigation.
scenaRio 2
Joey, age 3, attends daycare, where a staff member noticed a mark on
his leg that looked suspicious. The daycare worker, being concerned,
called the child protection agency hotline to report the bruise. After
talking with the child and his parents, as well as several neighbors, the
investigating caseworker found that the bruise occurred while Joey was
playing. All accounts of the situation were the same and were found
believable. There was no evidence to support that Joey was abused or
neglected; therefore, the case was not substantiated and was closed.
scenaRio 3
First-grade teacher Susan Williams called the child protection agency
hotline to report a concern about two of her students, Dot and Stan
Grant, 6-year-old twins. They live with their mother, Arlene, and her
boyfriend, Tom. Ms. Williams is concerned that the twins are in the
middle of fights between Arlene and Tom. There were bruises on Dot’s
face, which she said happened when Tom accidentally hit her when he
was trying to hit her mom.
A caseworker talked with the children separately at school and both
children said that their mom and her boyfriend drank beer and
smoked “little white cigarettes that they put green stuff in.” They also
reported that the cigarettes “smelled funny.” Both children told the
caseworker that their mom and Tom fight and that he hits their mom.
Both children have observed these fights, and from their descriptions it
seems the fights occur quite often, especially when Arlene and Tom are
partying. Both Dot and Stan said they were afraid of Tom.
When interviewed by the caseworker, Arlene admitted that Tom drank
beer but said he didn’t do drugs anymore. She denied that she drank
or did drugs herself. She told the caseworker that sometimes they
fought, “but who doesn’t?” She said that Tom didn’t hurt her and had
never hit her. She was surprised that the caseworker could have gotten
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information that was so wrong. She didn’t want the caseworker to talk 2
with Tom. When the caseworker explained that interviewing Tom was
necessary, Arlene had a nervous expression on her face. CHAPTER
Tom was visibly displeased when the caseworker arrived to talk with
him. He told her that it was none of her business what he did in his UNIT
home. He said he was good to Arlene’s children and bought them what 1
they needed. Even though he and Arlene did fight sometimes, he said,
he would never hit her. Tom denied using drugs but told the caseworker
that he would drink a beer whenever he wanted.
UNIT
Further interviews were conducted with the teacher, the maternal 2
grandmother, a neighbor, and a friend of the mother. All but the friend
were concerned about these children and told the caseworker that the
twins were often in the middle of fights and there was “partying” going
on at the home all the time. UNIT
3
Due to the children’s disclosures, observations from interviews with their
mom and her boyfriend, and information from the collateral contacts,
neglect was substantiated. The case will go to Family Support for
treatment. Court intervention will not be sought at this time.
First three situations drafted by Angie Pittman, Family Permanency Supervisor,
DSS, Buncombe County, North Carolina.
scenaRio 4
Dr. Valerie Alajuwon called the child protection agency hotline and
stated she had examined and admitted 15-month-old Alexa James, who
was brought in by her mother, Sheila Washington, and Sheila’s live-in
boyfriend, Lewis Murphy. Alexa could not bear weight on her right leg.
X-ray results showed a fracture of her right tibia (lower leg) and a one-
to two-week-old fracture of her right femur (upper leg).
When interviewed by the caseworker, neither Ms. Washington nor Mr.
Murphy could explain Alexa’s injuries. They claimed to be the child’s
only caretakers. The caseworker requested that Dr. Alajuwon do a
complete physical examination of Alexa, including a series of X-rays.
The X-rays revealed a healing rib fracture in addition to the two leg
fractures. Since the three fractures were in various stages of healing, Dr.
Alajuwon diagnosed Alexa as a victim of battered child syndrome.
At the time of Alexa’s discharge from the hospital, there was no new
information as to the cause of her injuries. The various ages, type,
severity, and location of the injuries without explanations about their
occurrence indicated the injuries were nonaccidental. Therefore, to
ensure the child’s care, supervision, and protection, a petition was filed
and Alexa was placed in foster care. When the petition was filed, Penny
Ferguson, a CASA/GAL volunteer, and Webster Lance, attorney for the
child, were assigned to Alexa’s case.
From the North Carolina Guardian ad Litem volunteer training curriculum.
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2 Part 2: Read the following information about the four stages
CHAPTER cases go through to enter the child protection system. Answer
the questions for each stage. When you finish the activity, check
your answers against those in the Answer Key at the end of this
UNIT manual. Write down any questions you have in the Parking Lot.
1
staGe 1: Repo RtinG suspected a buse oR neGlect
UNIT • Someone in the community reports to the child protection agency or,
2 in some areas, to law enforcement that they suspect a child is being
abused or neglected.
Question: Who reported suspected abuse in the four scenarios you read?
UNIT
Scenario 1 reporter: _________________________________________________
3
Scenario 2 reporter: _________________________________________________
Scenario 3 reporter: _________________________________________________
Scenario 4 reporter: _________________________________________________
staGe 2: scReeninG Repo Rts o F suspected a buse
oR neGlect
• The child protection agency or, in some areas, law enforcement
investigates and intervenes in all circumstances where the
allegations, if proven, would fit the legal definition of abuse or
neglect. An investigator will respond within a specific time frame
determined by the nature of the allegations.
• In circumstances where the allegations would not fit the legal
definition of abuse or neglect, the reporter is notified that there
will be no investigation. The reporter may be referred to outreach
services or other agencies as appropriate.
Question: In which scenario was the report screened out before the
investigation stage? Why?
Report screened out: _________________________________________________
Reason: _____________________________________________________________
staGe 3: inV estiGatinG Repo Rts o F suspected a buse
oR neGlect
• The child protection agency or, in some areas, law enforcement
investigates the report to determine the facts, the extent of the abuse
or neglect, and the risk of harm to the child.
• If the investigation does not confirm abuse or neglect, the case is
closed.
Question: In which scenario was the case closed after investigation? Why?
Case closed: ________________________________________________________
Reason: _____________________________________________________________
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staGe 4: inteRVeninG in conFiRMed cases o F a buse 2
oR neGlect
CHAPTER
• If the investigation confirms abuse or neglect, the child protection
agency then determines whether protective services should be
provided or if a petition needs to be filed. Petitions are filed when UNIT
the agency needs the court to intervene on the child’s behalf to 1
minimize the risk that child maltreatment will recur, or when the
child is removed from the home to ensure his/her safety.
Question: In which scenario was a petition filed? Why? UNIT
Petition filed: _______________________________________________________ 2
Reason: _____________________________________________________________
UNIT
Part 3: Look at the following national statistics about the 3
number of cases in the child protection system and the numbers
of cases screened out at various stages of this process. Also
read the handout with state and local statistics provided by the
facilitator.
Record your observations below.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
screened out 37.3%
Cases in the System
screened 62.7%
In 2004, an estimated total of 3 million referrals, involving in to be
approximately 5.5 million children, were made to CPS agencies investigated
across the country.
received other
finding 10 .6%
Of the cases that were investigated, more than one-quarter
were substantiated. substantiated 28 .7%
or indicated
60 .7%
unsubstantiated
An estimated 268,000 children were removed from their homes as a
result of child maltreatment investigations.
19%
removed
from home
81%
From Child Maltreatment 2004, Administration for Children and Families, remaining in home
Children’s Bureau, www.acf.hhs.gov/programs/cb/pubs/cm04/index.htm.
national CaSa Independent Study Manual | V2-17
----------------------- Page 20-----------------------
2 activity 2F: the juvenile Court process
CHAPTER
Read the following overview of the juvenile court process. The
flowchart entitled “A Child’s Journey Through the Child Welfare
UNIT System” gives a general synopsis of how cases progress through
1 the court system. The facilitator will share information specific
to your local jurisdiction at the debriefing session, and Chapters
8 and 9 will cover the court process in more detail. Write any
questions you have about the process in the Parking Lot.
UNIT
2
The Juvenile Court Process
UNIT Court is a series of steps, a series of hearings—each building on what
3 has occurred before.
For a typical child abuse case, the steps are as follows:
3 When a case meets the definitions of child abuse or neglect set out
in the law, the allegations of abuse or neglect will be listed in a
formal document and filed in court.
3 At the first hearing the judge will make a series of decisions:
• Whether the allegations are serious and appear to meet the
definitions in the law
• Whether it is safe for the child to live with the parent while the
matter is being resolved
• If the child won’t be living with the parent, whether visits will be
allowed
• When the next hearings will take place
• In some states, whether the case will be referred for mediation
3 Parents will be given a chance to answer the allegations.
• If they admit the allegations, the judge will make official
findings about what has happened to the child. The judge will
order the parents to do things that will correct the problems
that brought the family to court, such as counseling, parenting
classes, or chemical dependency evaluation and treatment.
3 The parents can deny the allegations and then the case will go to
trial.
• Attorneys will enter documents into evidence.
• Witnesses will testify about what they have seen or heard.
• The judge will consider all the evidence and make a decision
about whether the allegations have been proven. If not proven,
the case will be dismissed. If proven, the judge will order the
parents to do things that will correct the problems that brought
the family to court.
V2-18 | Introducing the Law, the Child protection System & the Courts
----------------------- Page 21-----------------------
3 Once the judge orders the case plan (treatment plan), CPS and the 2
CASA/GAL volunteer will monitor the situation and there will be
CHAPTER
review court hearings to see how things are going.
3 If the problems are corrected and it is safe for the child, the
child will be returned to live with the parent and the case will be UNIT
dismissed from court jurisdiction. 1
3 If the problems continue—usually because the parents cannot or
will not follow through with the requirements of the case plan—the
court will have to look to other options to keep the child safe, such UNIT
as placing the child permanently with a relative or placing the child 2
for adoption by a new family.
ciV il cases Vs. cRiMinal cases UNIT
Civil actions are brought to court by individuals or the government 3
to seek various remedies—for instance, damages for injuries or
enforcement of contracts. If the defendant is found liable, the court
can order him/her to pay compensation, take certain steps, or stop
certain conduct. The court cannot send a defendant in a civil case to
prison, except for contempt of court. The legal standard of proof is
“preponderance of the evidence”—meaning that the allegations are
more likely than not to have occurred.
Child protection cases are civil matters.
In criminal cases, the government brings an action against an
individual alleging that a crime has been committed. If the defendant
is found guilty, the court can order fines, restitution, probation,
participation in treatment programs, incarceration (prison), or in some
states, the death penalty. Given the severity of potential consequences,
the legal standard of proof is higher than in civil cases. Allegations in
criminal cases must be proven “beyond a reasonable doubt.”
A parent might also be charged criminally for hurting a
child—for example, for sexually assaulting the child. This
court process would be separate from the child welfare case.
national CaSa Independent Study Manual | V2-19
----------------------- Page 22-----------------------
2 a child’s Journey through the child Welfare system
CHAPTER
Abuse or neglect is reported
and the agency investigates
UNIT Substantiated
1
Unfounded: Case is closed
Agency sends child home
Agency recommends Agency sends child home
with supervision or support
removal from home without services
services
UNIT
2
Preliminary protective
hearing: Court determines
initial placement
UNIT
3 Court sends child home
Court sends child home Court orders child to be
with supervision or support
without services removed from home
services
Adjudicatory and
Agency works with child’s
Child’s family works on plan dispositional hearing(s):
family and also develops an
to be reunited with child Court determines placement &
alternate permanency plan
permanency plan
Court places child in group
Court places child in foster Court places child in the
home, shelter, or residential
family home home of a relative
facility
Court reviews progress every
6 months and holds permanency
hearing after 12 months
Birth family completes
Birth family does not
reunification plan: Child
complete reunification plan
returns home
leaRn MoRe! Court terminates parents’
rights (possible appeals follow)
To read a detailed
written summary of the
process outlined in the chart, Court places child in Child remains in foster
see the article “A Child’s permanent home (adoptive, care and may receive
Journey Through the Child relative, or guardian) independent living services
Welfare System” in the
Chapter 2 Resource Materials . Child remains in foster care
Court holds adoption or until age 18, or in some
guardianship hearing states age 21, with no
Time frames in chart are based on permanent home
standards required by the Adoption
and Safe Families Act (ASFA). Case closed: Child has
Case closed: Child has
Reprinted with permission from permanent home (adoptive, “aged out”
Pew Charitable Trusts . relative, or guardian)
V2-20 | Introducing the Law, the Child protection System & the Courts
----------------------- Page 23-----------------------
activity 2G: Who participates in a Case? UnIt 3 2
CHAPTER
Read the information below about the roles of those involved the Roles in a
in a court case. Record any questions you have in the Parking
Lot. At the debriefing session, the facilitator will share Juvenile court
information specific to your local jurisdiction. Note these case
differences in your manual.
t he child
3 Why is the child’s case in court
• A petition has been filed alleging abuse or neglect.
3 What does the child need during court intervention
• The child needs the court to order an appropriate intervention
and treatment plan so he/she can live in a safe, stable home
without ongoing need for intervention from the child protection
agency.
• The areas the child needs addressed include safety/protection,
placement if the child is out of the home, family contact,
belonging to a family, financial support, a support system,
education, mental health, and physical health.
• The child needs the court intervention to be focused and timely.
• The child needs services provided that will meet his/her needs.
• Other ______________________________________________________
casa/Gal Voluntee R
In my area this person is called ________________________________
3 What does the CASA/GAL volunteer do in the case
• Independently investigate the child’s case
• Determine the child’s needs
• Explore family and community resources to meet the child’s needs
• Make recommendations to the court
• Advocate for the child
• Monitor the case
• Be the voice of what is in the child’s best interest
• Be the voice of the child’s expressed wishes
• Other ______________________________________________________
national CaSa Independent Study Manual | V2-21
----------------------- Page 24-----------------------
2 3 What does the CASA/GAL volunteer bring to the case
CHAPTER • An interest in improving the life of the child through the court
process
• Time, energy, and focus
UNIT
1 • Longevity (he/she often stays on the case from beginning to end)
• An “outside the system” point of view and an independent
perspective
UNIT
• The community’s standard for the care and protection of its
2 children
• Other ______________________________________________________
UNIT 3 When is the CASA/GAL volunteer involved in the case
3 • In my jurisdiction: ________________________________________
atto Rney FoR the casa/Gal pRoGRa M o R child
The attorney role varies In my jurisdiction this attorney represents [circle one]:
significantly between The child’s wishes
court jurisdictions. If an The child’s best interest
attorney is appointed, The CASA/GAL program
he/she is sometimes 3 What does the attorney for the program/child do in the case
appointed to represent • Represent the child’s best interest and/or wishes, and protect the
child’s legal rights in court
the CASA/GAL program
• Translate the CASA/GAL volunteer’s research and
and sometimes appointed recommendations into a form that the court can effectively use
to represent the child. In to address the child’s needs (within the law, within the scope of
the volunteer role, fact-based, etc.)
some jurisdictions, two
• Provide legal consultation to the CASA/GAL volunteer and
attorneys are appointed, program staff regarding the case (if the attorney represents the
one to represent the program rather than the child directly)
child’s best interest and • File legal documents relevant to the child’s case
one to represent the • Other ______________________________________________________
child’s expressed wishes. 3 What does the attorney for the program/child bring to the case
The facilitator will clarify • Legal expertise, facilitation and negotiation skills, and
courtroom experience
the role in your local
3 When is the attorney for the program/child involved in the case
court system.
• From the petition filing through the end of the court case
pa Rents/ca RetakeRs na Med in the petition
In my area this person is called ________________________________
3 Why are the parents/caretakers involved in the case
V2-22 | Introducing the Law, the Child protection System & the Courts
----------------------- Page 25-----------------------
• They have been forced into this court action because the child 2
protection agency asked the court to intervene to protect the child
from maltreatment and/or to have his/her basic needs met. CHAPTER
• They need to comply with the child protection agency’s
intervention plan and correct the conditions that led to the UNIT
child’s removal, thereby effectively protecting their child and/or 1
enabling their child to return home.
• They need to follow the orders of the court or risk having their
parental rights terminated. UNIT
3 What do the parents/caretakers bring to the case 2
• Love for the child; family ties; history of parenting; abilities,
resources, and skills as parents; interactions with the child and
each other; mental, emotional, and physical health or illness; UNIT
support system; housing and income; and their own issues/ 3
problems
atto Rney FoR the pa Rent/ca RetakeR
3 What does the attorney for the parent/caretaker do in the case
• Represent the wishes of the parent/caretaker he/she represents
• Protect the legal rights of the parent/caretaker in court
• Advise the parent/caretaker on legal matters
• File legal documents relevant to the case
• Other ______________________________________________________
3 What does the attorney for the parent/caretaker bring to the case
• Legal expertise, facilitation and negotiation skills, and
courtroom experience
3 When is the attorney for the parent/caretaker involved in the case
• From the petition filing through the end of the court case
child pRotection aG ency caseWoRkeR
In my area this person is called ________________________________
3 What is the role of the child protection agency caseworker in the case
• The caseworker has completed a risk assessment process and,
based on risk and/or substantiated allegations of abuse and/
or neglect, has determined the need for court intervention. The
caseworker petitioned the court to intervene on the child’s behalf
because:
º He/she has developed an intervention plan with the family,
which has not resulted in eliminating the risk that child
maltreatment will recur, or
º Due to risk of imminent danger, he/she has removed the
child from his/her home to ensure the child’s safety.
national CaSa Independent Study Manual | V2-23
----------------------- Page 26-----------------------
2 • The caseworker needs the court to order that the agency’s
intervention and treatment plan be followed by the parents/
CHAPTER caretakers and other service providers so that the need for
continuous agency intervention is not required to ensure the
child receives proper care and protection.
UNIT
1 • The caseworker is responsible for managing the case and
arranging for court-ordered services to be provided to the child
and the child’s family.
UNIT • Other ______________________________________________________
2 3 What does the child protection agency caseworker bring to the case
• Training in analyzing risk, assessing service needs, and
providing guidance to families
UNIT
3 • Direct services for families to provide them with the knowledge,
skills, and resources necessary for change
• Links to other service providers so that the family can access
resources outside the child protective services system
3 When is the child protection agency caseworker involved in the case
• From the initial contact with the family and/or child until the
agency’s services are no longer needed
atto Rney FoR the child pRotection aG ency
oR the county oR the state
In my area this person is called ________________________________
In my jurisdiction this attorney represents [circle one]:
The child protection agency
The county
The state
3 What does this attorney do in the case
• Represent the position of the agency/county/state in court
• Protect the agency/county/state from liability
• Advise the agency/county/state regarding its responsibilities
as outlined in the law
• File legal documents relevant to the case
• Other ______________________________________________________
3 What does this attorney bring to the case
• Legal expertise, facilitation and negotiation skills, and
courtroom experience
3 When is this attorney involved in the case
• From the petition filing through the end of the case
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----------------------- Page 27-----------------------
indian child’s tR ibe 2
3 What does the Indian child’s tribe do in the case CHAPTER
• Represent to the court the “best interest of the child” as defined
by the Indian Child Welfare Act (ICWA)
UNIT
• Ensure that the parents, the child, and the tribe have all the 1
rights they are afforded pursuant to ICWA
• Bring to the attention of the court culturally relevant service
options and dispositional recommendations UNIT
• Protect the tribe’s interest in the child and ensure the 2
preservation of the child’s ties to the tribe and its resources
• Where appropriate, offer or require that the tribe take
jurisdiction of the matter UNIT
3
• File legal documents when it is necessary
• Other ______________________________________________________
3 What does the tribe bring to the case
• A very special perspective on preservation of the child’s ties to
the tribe
• Knowledge of relevant cultural practices and culturally relevant
services that can be considered as potential resources for the child
JudGe
3 What does the judge do in the case
• Determine if there is a continued safety issue for the child that
necessitates continued out-of-home placement if the child has
been removed from home
• Decide if the child is abused or neglected, and if so, order
services that will address the needs of the child
• Order appropriate reviews
• Hear testimony, motions, etc., regarding the case
• Approve the permanent plan for the child
• Order termination of parental rights when appropriate
• Settle disputed adoption cases
• Close the court case when there is no longer a need for court
intervention or the permanent plan has been achieved
• Other ______________________________________________________
3 When is the judge involved in the case
• From the request for emergency custody at the petition filing
until the court case is closed (or, if the child is not removed from
home, from the arraignment or adjudication hearing, depending
on jurisdiction, until the court case is closed)
national CaSa Independent Study Manual | V2-25
----------------------- Page 28-----------------------
2 activity 2h: roles in the harris-price Case
CHAPTER
The names of the people involved in the Harris-Price case appear
in the left-hand column below. Anonymous quotes by people
UNIT in the case appear in the right-hand column. Draw a line that
1 matches up each quote with the person who you think is most
likely to have said it. When you finish, check your answers
against those in the Answer Key at the end of the manual. Write
down any questions you have in the Parking Lot.
UNIT
2
Who participated in
the Harris-Price case What participants said
UNIT
Robert Ben was babysitting. He’s 14. She
3
did not leave the children alone.
Ben
He is 14 and he is almost on
his own. He doesn’t need me.
Kathy Price
Ernie Price I want to live with my dad.
Jason Harris I do not have all the information yet.
Carol Hill I worry about Robert and Rose—
they’re used to me taking care of
them. When can I see them?
Judge Romero
I will take him in,
Bob Johnson, but I can’t take the others.
CPS caseworker
The children need a more
Norma Jackson, stable living situation.
CASA/GAL volunteer
I’m doing the best I can.
Anne Franklin,
foster mother
This family has tried,
but there are still problems.
Mother’s attorney
I know that I am responsible
Attorney for CPS and I can do it, especially
since my mom will help.
Why aren’t the siblings visiting?
I’m worried about Rose. She’s not
doing the things other babies
I’ve cared for could do.
V2-26 | Introducing the Law, the Child protection System & the Courts
----------------------- Page 29-----------------------
Chapter Evaluation 2
Fill out the Chapter 2 Independent Study Training Evaluation, which CHAPTER
follows. Turn it in to the facilitator at the next debriefing session.
Looking Ahead
ResouRce MateRials exploRation
Look at the Chapter 3 Web Resources or the Chapter 3 Resource Materials.
Pick at least one website or article to explore. When you come to the
training session for Chapter 3, which will be done in a group setting, write
up a brief description of the resource on an index card provided by the
facilitator.
cultuRal exploRation
Prior to the Chapter 3 session, read the articles about cultural
competence issues assigned and provided by the facilitator. The
facilitator will let you know which cultural groups in your community
you should be familiar with as a GASA/GAL volunteer. As you read
the articles, note any questions or ideas you have for working with
people from different cultures. These articles do not necessarily represent
the viewpoint of the National CASA Association or your local CASA/
GAL program. Please recognize that no single article about a cultural
group can adequately describe one person or one family. These articles
are designed to provide an introduction to the many cultures and
perspectives represented in your communities. In order to gain a broader
understanding of a particular cultural group, consider doing research on
your own.
national CaSa Independent Study Manual | V2-27
----------------------- Page 30-----------------------
V2-28 | Introducing the Law, the Child protection System & the Courts
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chapter 2 independent study training evaluation (1 of 2)
Please circle the number of the descriptor that best matches your views
and write any comments in the space provided. Thank you.
1 . Please rate the chapter overall . Poor Excellent
1 2 3 4 5
Comments:
2 . The facilitator was available to me if I needed Not at All Very
assistance . 1 2 3 4 5
Comments:
3 . The content of this session will be useful to me in my Not at All Very
work . 1 2 3 4 5
Comments:
4 . I can explain how a case enters the child welfare Not at All Easily
system . 1 2 3 4 5
Comments:
5 . I am familiar with the laws governing child welfare Not at All Very
cases . 1 2 3 4 5
Comments:
6 . I can name the people involved in a juvenile court Not at All Easily
case and briefly describe their roles . 1 2 3 4 5
Comments:
national CaSa Independent Study Manual | V2-29
----------------------- Page 32-----------------------
chapter 2 independent study training evaluation (2 of 2)
7. What I liked least about this chapter was . . .
8. What I liked most about this chapter was . . .
9. In order to utilize the information I’ve learned, I will need . . .
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chapter 2 parking lot (1 of 2)
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chapter 2 parking lot (2 of 2)
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V2-32 | Introducing the Law, the Child protection System & the Courts
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