State Court Child Welfare Proceedings- An Overview
|
|
- Zoe Benson
- 8 years ago
- Views:
Transcription
1 State Court Child Welfare Proceedings- An Overview Howard Davidson, JD ABA Center on Children and the Law Washington, DC The Hon. Marguerite D. Downing Judge of the Los Angeles Superior Court
2 State laws vary on what is Abuse and Neglect Most reports allege, and subsequent investigations substantiate, Neglect (generally, for inadequate parental care or supervision) in 3 out of 4 cases! Many of these families have: a parent living in or near poverty, family members with substance abuse and/or mental health issues, and/or domestic violence from a violent adult in the home State laws vary as to whether only the police, or child protective services (CPS), can remove kids Removal then triggers the state court (dependency) process 2
3 Parental Unavailability to Care for a Child May Trigger a Report Parental absence, or incapacity, often leads to CPS intervention Parent may have been arrested and incarcerated Parent may be ill, hospitalized, otherwise physically incapable of caring for their child Most common for parents wanting to avoid CPS intervention: using informal kinship care -- or kin placement through a CPS safety plan But public child welfare may get involved if money, placement, or services are needed for helping child 3
4 Best for Parents: To Avoid Any Involvement in the Child Welfare System Often, there s no CPS/foster care involvement if: Informal care arrangements are made (e.g., mom places child in grandma s care) Powers of Attorney are used, or Private custody/guardianship court actions There s generally no attorney representation for parents in these private or informal situations, so parents usually have to rely on these alternative arrangements without advice of legal counsel 4
5 Discussion Scenario 1 Why Do Parents and Children Become Involved in the State/County Child Protection System? The Juan Hernandez case 5
6 1. Why Parents and Children Become Involved in State/County Child Protection Systems Juan Hernandez has been in the U.S. since He has two U.S. citizen children under three. In 2010 he was arrested for DUI. He pleaded guilty to the DUI charge (a misdemeanor) and completed a year of probation. His wife is a U.S. citizen and was recently in a serious car accident that has left her incapacitated. In May of 2014, Mr. Hernandez was pulled over on suspicion of DUI. He was not charged, but local law enforcement ran his fingerprints and sent them to the FBI and DHS. Immigration databases revealed that he is unlawfully present in the U.S. Local law enforcement is holding Mr. Hernandez on an ICE Detainer. Upon referral and intake with ICE, he discloses during the Risk Assessment process that he has two young children and that his wife is unable to care for them. He asks to call his wife s brother may be able to care for the children. 6
7 Questions for Discussion If taken into ICE custody, on what grounds could Mr. Hernandez s children end up in the state foster care system? What provisions of the Parental Interests Directive and other germane ICE memoranda (e.g. on prosecutorial discretion), does this fact scenario trigger? What can ICE do to help ensure that immigration enforcement activities do not unnecessarily impact Mr. Hernandez s parental interests? 7
8 Issues for consideration: Mandatory Detention or Release Eligible use of prosecutorial discretion (i.e. Alternatives to Detention (ATD)?) If necessary to detain, consideration of detention in area close to children and/or child welfare proceedings? Allowing him to make arrangements for care of children with his brother-in-law? [May avoid child welfare involvement, and facilitating participation in court hearings, etc.] Participation in court hearings? Visitation? If ordered removed, ability to make arrangement for care of the U.S. children (legal guardianships, etc.) Inform them of the availability of external NGO resources in the facility law library (WRC Toolkit) 8
9 When the State Places a Child in Foster Care The key decision factor, in police or CPS removing a child from home, should be safety of the child / facing imminent harm -- as compared to a private custody case, for example in a divorce, where the placement standard can be the best interests of the child When a child is removed, FEDERAL CHILD WELFARE LAW sets case requirements if the foster placement is federally-supported (Title IV-E, SSA) FEDERAL LAW requires a state court finding that reasonable efforts were made to avoid placement 9
10 The default child welfare system goal when kids are removed from home is reunification (a return to one or both parents) FEDERAL LAW requires child welfare to quickly search for relatives, not limited to those in U.S. AND THE LAW prioritizes placement of children with relatives, regardless of the ultimate case goal (which could be reunification or other permanent placement) Child welfare agencies can place children who would otherwise be in foster care with relatives across the border (some form of criminal background check & home study is often needed to assure safety) 10
11 The State Dependency Case Process FEDERAL LAW requires CPS to quickly file a petition in this court if a child is taken into foster care, unless the child is quickly returned home Under FEDERAL LAW, to authorize any federallysupported placement, the court must find that reasonable efforts were made to prevent placement FEDERAL LAW requires periodic reviews where the court can oversee the agency s continuing reasonable efforts for child permanency Parents have a right to an interpreter at all hearings 11
12
13 13
14 Key Events in Dependency Cases Where Parents & Their Attorneys Are Critical Hearings Preliminary/Shelter Care Adjudicatory Dispositional Review Permanency Termination of Parental Rights Key Meetings Family Team Meetings Court Case Settlement Meetings/Mediation Case Plan Development (supposed to be done jointly by agency and parents) Agency Case Reviews 14
15 The First Hearing is Usually Called a Preliminary or Shelter Care Hearing at Which Parental Participation is Vital If parent is detained/incarcerated, why the parent should be present in court: If deportation is imminent, a parent s presence allows the court to obtain information regarding mother or father s future location and promotes an ability to communicate with either parent for possible reunification 15
16 Parental presence can help assure the court assists in properly providing Vienna and Hague Convention notices Presence assures that parent can obtain proper counsel representation and consult privately with their attorney Parental presence is needed so that the court can explain the judicial process and parent and agency responsibilities Parental presence is needed so that the court can make ICWA and paternity determinations. 16
17 Dependency Court Adjudicatory Hearing Determines whether a child is abused or neglected It is critical that parents participate in, and be represented by counsel at, this hearing Being adjudicated affects all that comes after A parent s continued involvement in the case, and contact with the child, affects whether it will lead to reunification or termination of parental rights Most parents get their kids back after completing specified services (as designated in their case plan & through further court hearing involvement) 17
18 Dependency Court Dispositional Hearing Might happen same day as, and immediately after, the adjudicatory hearing Court makes a decision as to whether to continue custody with the child welfare agency or with another adult, or to return child home Again, FEDERAL LAW requires a reasonable efforts inquiry at this hearing Timing of this hearing is not set by federal law, but rather by state law timeframes (e.g., within 30 days of adjudicatory hearing) 18
19 The Court s Case Review Process FEDERAL LAW prompts a review of cases every 6 months or more frequently, with continued inquiries about reasonable efforts to reunify or provide permanency parental participation here is important Both mothers and fathers are supposed to develop the case plan with the agency Fathers can lose rights if paternity is not established or if they re not involved in the life of their child FEDERAL LAW requires a 12-month Permanency Hearing at which, with exceptions, moving forward with parental rights termination (TPR) is addressed 19
20 Access to Parental Services, and Child Visitation, Are Essential If parent is detained/incarcerated visitation is essential because: It is an essential component of reunification Visitation with a parent is essential to a child s well-being Visitation aids in maintaining the parent/child bond 20
21 Children will act out in a variety of ways due to concern for parents, and having parental visitation helps their children understand the parent is OK Visitation should be ordered as a routine course of judicial action, and should not be denied simply because of detention ICE cooperation is vital because state judges don t believe they can order visits (or specific parental services) when parents are in federal custody, and there has often been difficulty in simply locating detained parents 21
22 Discussion Scenario 2 The Child Welfare Case Review Process The Mariela Jones case 22
23 2. The Case Review Process Mariela Jones is being held in an ICE detention facility pending removal. There is not yet a removal date for Ms. Jones. She has a number of minor drug possession offenses and her most recent conviction in 2014 was for possession of cocaine with intent to distribute. Her children are in the foster care system and she is currently in the reunification stage of her case. Her child welfare caseworker has ordered her to participate in drug treatment, parenting classes, and to regularly visit with her children. There is a review hearing scheduled in two months. 23
24 Questions for Discussion How might Ms. Jones detention impact her ability to participate in her reunification plan? What provisions of the parental interest directive does this fact scenario trigger? What can ICE do to help ensure that immigration enforcement activities do not unnecessarily impact Ms. Jones parental rights? 24
25 Issues for consideration: Detention in area close to children? Visitation? Participation in court hearings? Detention Center programming/any way to facilitate participation in services? 25
26 State Court Termination of Parental Rights (TPR) Proceedings FEDERAL AND STATE LAW sets a clock that can result in TPR petitions being filed based on the length of a child s stay in foster care (e.g., at 12, 15, 18 or 22 months) Separate grounds for TPR must be proven, and the court must find TPR to be in the child s best interests Most common TPR ground: Failure of a parent to complete child welfare agency case plan requirement TPR has been called the civil death penalty for parents so it s critical they participate in TPR hearings 26
27 How Parental Incarceration Affects the TPR Process In one-third of the states, incarceration alone is a ground for terminating TPR Being incarcerated hinders a parent from completing their Case Plan, which is the biggest reason for TPR and parents losing their kids If a parent is incarcerated, but comes to court, the parent can avoid TPR by waiving reunification services and creating a legal guardianship with a family, or designating an alternative caretaker, without permanently losing parental rights 27
28 Parents have a statutory right to be present at their TPR hearing as well as any jurisdictional hearing If child welfare agencies and state courts have access to detained parents, they can more easily create an appropriate Case Plan goal that does not include TPR To help avoid inappropriate TPRs, ICE could implement programs that include parenting classes and substance abuse prevention and treatment services 28
29 There is no U.S. case where a parent s immigration law violation, alone, supported TPR State courts often set a schedule for specific days to handle TPR proceedings regarding incarcerated parents and their children, but if a parent is in ICE or Federal custody, that generally can t happen Courts should create a uniform form/questionnaire that includes general information on the child and parent affected by immigration enforcement, and if deported where parent may be contacted, so that Case Plan services can be monitored 29
30 Discussion Scenario 3 Termination of Parental Rights Proceedings The Thomas Perez case 30
31 3. Termination of Parental Rights (TPR) Proceedings a/k/a the civil death penalty Thomas Perez came to the U.S. from El Salvador with his parents as a child. He is 25 years old and has one child with his U.S. citizen girlfriend. In 2013 he was arrested and convicted for disorderly conduct and being drunk in public. He was referred by local law enforcement to ICE and spent 30 days in ICE custody before he was released on bond. While Mr. Perez was in state custody related to his disorderly conduct charge, his child was removed from his girlfriend s care and placed in foster care based on allegations of neglect due to her mental health issues and substance abuse. 31
32 3. Cont. Since being released on bond Mr. Perez has broken up with his child s mother and has spent close to a year trying to regain custody of his child. He participated in alcohol treatment, drug testing, and was visiting with his child regularly. Part of his child welfare case plan included a requirement that he stay out of immigration detention and have a stable home for his child in the U.S. Twelve months into his child welfare case, Mr. Perez was close to reunifying with his child when he was removed from the U.S. to his native El Salvador. A month after his removal, the case plan goal for his child changed from reunification to adoption and the court has scheduled a termination of parental rights hearing and ordered that Mr. Perez be present for the hearing. 32
33 Questions for Discussion What provisions of the parental interest directive does this fact scenario trigger? Is there anything that the ICE officer could have done differently to prevent the need for Mr. Perez to be paroled back into the country? (e.g. stay of removal, prosecutorial discretion) 33
34 Issues for Consideration: Prosecutorial discretion Coordination of travel and case planning Facilitation of Return 34
35 Important State Appellate Court Decisions 1. When a detained or deported parent seeks to be reunited with her child, a child welfare agency retains an obligation to make reasonable efforts to reunify the family [In Re. Interest of Angelica L. and Daniel L. (Supreme Court of Nebraska, 767 N.W.2d 74, 6/26/09)] 2. Immigration status and resulting imprisonment, alone, are not grounds for TPR [In Re. Adoption of C.M.B.R. (Supreme Court of Missouri, 332 S.W.3d 793, 1/25/11); TPR later affirmed on other grounds 35
36 3. If a child enters foster care because of their mother s abuse or neglect, the non-custodial father must be provided a case plan and services by the child welfare agency, even though he does not reside in the U.S. [In the Interest of E.N.C. et al. (Supreme Court of Texas, 384 S.W.3d 796, 10/12/12)] [In re Doe (Supreme Court of Idaho, 281 P.3d 95, 6/20/12)] 36
37 Additional Resources State Parent Guides on the Court System projects/parentrepresentation/parents_handbook.html California Dependency Court System Materials for Parents and Relatives (including videos) Fathers Guides to the Child Welfare System A Family s Guide to the Child Welfare System 37
38 Available in both print and interactive formats, in both English & Spanish, at: commission.org/ programs/migrantrights/parental-rights 38
39 Feel free to contact us at the ABA Center on Children and the Law with any questions or issues that come up 202/ (Howard Davidson) Website: 39
40 Questions and Further Discussion 40
PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS
PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS INTRODUCTION This booklet has been prepared to help parents gain a better understanding of what to expect in Juvenile Court CHIPS proceedings (Chapter 48
More informationHow Does the Child Welfare System Work?
National Clearinghouse on Child Abuse and Neglect Information National Adoption Information Clearinghouse Gateways to Information: Protecting Children and Strengthening Families How Does the Child Welfare
More informationOpportunities to Make SIJS Findings in State Court Cases
Opportunities to Make SIJS Findings in State Court Cases D.C. Superior Court Washington, D.C. December 5, 2014 Leslye E. Orloff National Immigrant Women s Advocacy Project Resource Library: http://niwaplibrary.wcl.american.edu/
More informationOctober 15, 2014. Re: Flores, et al., v. Holder, et al., No. CV 85-4544 (C.D. Cal.).
CENTER FOR HUMAN RIGHTS AND CONSTITUTIONAL LAW 256 S. OCCIDENTAL BOULEVARD LOS ANGELES, CA 90057 Telephone: (213) 388-8693 Facsimile: (213) 386-9484 www.centerforhumanrights.org Sarah B. Fabian Trial Attorney
More informationN.5 Immigration Holds and Immigration Detention; When to Obtain Release from Criminal Incarceration, and When Not To
and Immigration Detention; When to Obtain Release from Criminal Incarceration, and When Not To By Michael K. Mehr and Katherine Brady For more information about immigration holds/detainers, and state enforcement
More informationUnderstanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals
Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals 1. What are the criminal bars for deferred action? In addition to a number of other requirements, to qualify for deferred
More informationGuardianship and Third Party Custody Law Sample Pleadings for Indiana Attorneys (These Documents Should Not be Used by Unrepresented Parties)
Guardianship and Third Party Custody Law Sample Pleadings for Indiana Attorneys (These Documents Should Not be Used by Unrepresented Parties Attachment A: Verified Petition for Appointment of Temporary
More informationMONTGOMERY COUNTY CIRCUIT COURT FAMILY DIVISION
MONTGOMERY COUNTY CIRCUIT COURT FAMILY DIVISION JUVENILE DIFFERENTIATED CASE MANAGEMENT PLAN THIRD EDITION JANUARY 2016 INTRODUCTION The mission of the Montgomery County Circuit Court is to serve the Sixth
More informationA Guide for Larimer County Parents
Services Child Protection A Guide for Larimer County Parents This booklet was prepared by the Program Committee of the Larimer County Child Advocacy Center in consultation with the Larimer County Department
More informationChild Abuse, Child Neglect. What Parents Should Know If They Are Investigated
Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the
More informationA GUIDE TO CHILD WELFARE SERVICES
A GUIDE TO CHILD WELFARE SERVICES State of Hawaii Department of Human Services Social Services Division Child Welfare Services Branch Revised March 2013 NEIL ABERCROMBIE GOVERNOR PATRICIA McMANAMAN DIRECTOR
More informationSelf-Help Guide for a Prosecutorial Discretion Request
Self-Help Guide for a Prosecutorial Discretion Request In June 2011, Immigration and Customs Enforcement ( ICE ) announced it would not use its resources to deport people it considers low priority and
More informationDOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet
DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet If you are convicted of a domestic violence charge, the penalties can be onerous. The following penalties assume a misdemeanor conviction.
More informationWhat happens when your child is removed from your home
What happens when your child is removed from your home This brochure answers questions about why your child was removed from your home, and what you need to do to have your child returned. Contra Costa
More informationPERFORMANCE STANDARDS
PERFORMANCE STANDARDS FOR COURT-APPOINTED ATTORNEYS IN CHILD ABUSE & NEGLECT CASES GUARDIANS-AD-LITEM & RESPONDENT ATTORNEYS NEW MEXICO COURT IMPROVEMENT PROJECT TASK FORCE JULY 2003 These standards are
More informationFLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,
More informationNORTH CAROLINA JUVENILE COURT: A HANDBOOK FOR PARENTS IN ABUSE, NEGLECT AND DEPENDENCY HEARINGS
NORTH CAROLINA JUVENILE COURT: A HANDBOOK FOR PARENTS IN ABUSE, NEGLECT AND DEPENDENCY HEARINGS Your Lawyer Name: Address: CONTACT INFORMATION FOR THESE KEY PEOPLE IN YOUR CASE: Phone: Best Time to Call:
More informationBASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer
BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html
More informationLegal Safeguards for Children In New Mexico
Legal Safeguards for Children In New Mexico Presented by Tara Ford and Grace Spulak Pegasus Legal Services for Children Safe and Stable Homes Parent Support Kinship Guardianship Act Abuse and Neglect Act
More informationUNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson
UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed
More informationARKANSAS COURT OF APPEALS
ARKANSAS COURT OF APPEALS DIVISION III No. CV-13-392 JESSICA AGUILERA V. APPELLANT Opinion Delivered September 18, 2013 APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. J-2011-832-3] ARKANSAS DEPARTMENT
More informationA Guide to Child Protective Services for Relatives
State of Alaska Department of Health & Social Services Office of Children s Services Caring for children is one of the most important jobs of every community. Relatives play an essential role in helping
More informationGuidelines for Guardians ad Litem for Children in Family Court
Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family
More informationcourt. However, without your testimony the defendant might go unpunished.
Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for
More informationCRIMINAL LAW AND VICTIMS RIGHTS
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
More informationHANDBOOK FOR PARENTS, GUARDIANS, AND CUSTODIANS --------- IN CHILD ABUSE AND NEGLECT PROCEEDINGS. Fifth Edition 2014
HANDBOOK FOR PARENTS, GUARDIANS, AND CUSTODIANS --------- IN CHILD ABUSE AND NEGLECT PROCEEDINGS Fifth Edition 2014 This handbook and companion DVD will help you, as the parent, guardian, or custodian,
More informationQuick Guide: SIJS & Washington State Proceedings
Contacts: Mary Van Cleve mary.vancleve@columbialegal.org Candelaria Murillo candelaria.murillo@columbialegal.org Quick Guide: SIJS & Washington State Proceedings With the surge of migration of undocumented
More informationThe Juvenile and Domestic Relations District Court
The Juvenile and Domestic Relations District Court I. General Information The juvenile and domestic relations district court handles cases involving: Juveniles accused of delinquent acts, traffic infractions
More informationCriminal Justice 101. The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness. April 2009
Criminal Justice 101 The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness April 2009 Acronyms DOC = Department of Corrections DYC = Division of Youth Corrections DCJ
More informationCHAPTER 13 DISPOSITION HEARING TABLE OF CONTENTS
Chapter 13 CHAPTER 13 DISPOSITION HEARING TABLE OF CONTENTS 13.01 Recommended Hearing Length... 13-2 13.02 Disposition Follows Adjudication... 13-2 13.03 Notice of Hearing... 13-2 A. Upon Whom... 13-2
More informationChild and Family Services Policy Manual: Legal Procedure Temporary Legal Custody
Legal Basis When a child protection specialist conducts an investigation and determines that the child has been abused, neglected, or abandoned, the facts of the case may warrant initially filing a petition
More information2015 IL App (2d) 150427-U No. 2-15-0427 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT
-U No. 2-15-0427 Order filed October 15, 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule
More informationRemoval of Youth in the Adult Criminal Justice System: A State Trends Update. Rebecca Gasca on behalf of Campaign for Youth Justice
Removal of Youth in the Adult Criminal Justice System: A State Trends Update Rebecca Gasca on behalf of Campaign for Youth Justice Juvenile Court founded in 1899 to create a separate justice system for
More informationIAC 7/2/08 Parole Board[205] Ch 11, p.1. CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of[615] Ch 7]
IAC 7/2/08 Parole Board[205] Ch 11, p.1 CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of[615] Ch 7] 205 11.1(906) Voluntary termination of parole. Any voluntary termination of parole should
More informationNOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT JAC 07-795 **********
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT JAC 07-795 STATE IN THE INTEREST OF S.R.W. & F.M.W. ********** APPEAL FROM THE THIRTY-THIRD JUDICIAL DISTRICT COURT PARISH
More informationYouth and the Law. Presented by The Crime Prevention Unit
Youth and the Law Presented by The Crime Prevention Unit Objectives Explaining the juvenile justice system and the differences between it and the adult system. Discussing juveniles rights and responsibilities
More informationOBJECTIVES CRIMINAL PROCESS- PROSECUTING ATTORNEY S OFFICE NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES
NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES LORI FLUEGEL ASSISTANT PROSECUTING ATTORNEY JACKSON COUNTY OBJECTIVES UNDERSTANDING OF THE CRIMINAL AND CIVIL PROCESS OF CHILD
More informationSTATE OF NEW YORK : : ALLEGANY COUNTY DRUG COUNTY OF ALLEGANY : : TREATMENT COURT. Defendant.
STATE OF NEW YORK : : ALLEGANY COUNTY DRUG COUNTY OF ALLEGANY : : TREATMENT COURT THE PEOPLE OF THE STATE OF NEW YORK against CONTRACT JOHN DOE., Defendant. I, JOHN DOE, agree to enter the Allegany County
More informationCOURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT. Plaintiff and Respondent, v. Kern County Superior Court
COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, F065134 v. Kern County Superior Court ARMANDO ALVAREZQUINTERO, No. BF132212A
More informationTennessee Council of Juvenile and Family Court Judges Quarterly Summary Report Based on Number of Reported Cases January - March 2016
General characteristics of these cases follow: Referral Reasons Before Amended Charges: Each case may include up to 5 referral reasons therefore the number of total referral reasons, referral sources,
More informationTennessee Council of Juvenile and Family Court Judges Quarterly Summary Report Based on Number of Reported Cases January - March 2016
General characteristics of these cases follow: Referral Reasons Before Amended Charges: Each case may include up to 5 referral reasons therefore the number of total referral reasons, referral sources,
More informationAN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:
ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,
More informationLANCASTER COUNTY ADULT DRUG COURT
LANCASTER COUNTY ADULT DRUG COURT Administered by the Lancaster County Department of Community Corrections Judicial Oversight by the Lancaster County District Court www.lancaster.ne.gov keyword: drug court
More informationIN THE COURT OF APPEALS OF IOWA. No. 14-0318 Filed May 14, 2014. Appeal from the Iowa District Court for Linn County, Barbara Liesveld,
IN THE INTEREST OF D.C. and K.H., Minor Children, IN THE COURT OF APPEALS OF IOWA No. 14-0318 Filed May 14, 2014 D.R., Mother, Appellant. Appeal from the Iowa District Court for Linn County, Barbara Liesveld,
More informationPARENT AND CHILD. Chapter Twelve
Chapter Twelve PARENT AND CHILD Every person under the age of 18 is considered a minor in the State of Alaska. Upon your 18th birthday, you reach the age of majority. [AS 25.20.010.] Parents have certain
More informationA GUIDE TO UNDERSTANDING THE CHILD PROTECTION REGISTRY
A GUIDE TO UNDERSTANDING THE CHILD PROTECTION REGISTRY Think of the Child First Over the years many changes have been made to the laws regarding child abuse and neglect within the State of Delaware. Most
More informationJuvenile Delinquency Proceedings and Your Child. A Guide for Parents and Guardians
Juvenile Delinquency Proceedings and Your Child A Guide for Parents and Guardians NOTICE TO READER This brochure provides basic information about family court procedures relating to juvenile delinquency
More informationHuron County Juvenile Court
Huron County Juvenile Court Instructions for: CHILD CARE POWER OF ATTORNEY AND CARETAKER AUTHORIZATION AFFIDAVIT This packet was prepared for your convenience and ease in filing a child care power of attorney
More informationLEGACY FAMILY COURT OF DALLAS COUNTY - TRAINING
LEGACY FAMILY COURT OF DALLAS COUNTY - TRAINING HON. TENA T. CALLAHAN Judge, 302 nd Family District Court State Bar of Texas SEX, DRUGS & SURVEILLANCE January 10-11, 2013 Houston CHAPTER 5.2 TABLE OF
More informationKANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES
KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the
More informationHow To Handle A Child Abuse Or Neglect Case In A Family Court
THE BASICS Abuse and Neglect Cases in New York State 2013 Her Justice 1 This booklet explains: What child abuse and child neglect are. What happens in a Family Court case where a parent is accused of neglect
More information(1) Sex offenders who have been convicted of: * * * an attempt to commit any offense listed in this subdivision. (a)(1). * * *
House Proposal of Amendment S. 292 An act relating to term probation, the right to bail, medical care of inmates, and a reduction in the number of nonviolent prisoners, probationers, and detainees. The
More informationNOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Filed 7/6/15 L.S. v. Superior Court CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
More informationHow To Get A Child Custody Order In The United States
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 140968-U Order filed
More informationNOTICE TO GRANDPARENT
A Power of Atrney may be created if the parent, guardian, or cusdian of the child is any of the following: 1. Seriously ill, incarcerated, or about be incarcerated 2. Temporarily unable provide financial
More informationARTICLE 1.1. GENERAL PROVISIONS
ARTICLE 1.1. GENERAL PROVISIONS Rule 1. Parole Board 220 IAC 1.1-1-1 Parole board membership (Repealed) Sec. 1. (Repealed by Parole Board; filed Jun 15, 1987, 2:45 pm: 10 IR 2496) 220 IAC 1.1-1-2 Definitions
More information2015 IL App (2d) 150416-U No. 2-15-0416 Order filed August 17, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT
No. 2-15-0416 Order filed August 17, 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule
More informationKEROSKY PURVES & BOGUE ATTORNEYS AT LAW
SANTA ROSA OFFICE 131 A STONY CIRCLE SUITE 500 SANTA ROSA, CA. 95401 TELEPHONE: (707) 433-2060 ckerosky@youradvocate.net www.youradvocate.net KEROSKY PURVES & BOGUE ATTORNEYS AT LAW AN ASSOCIATION OF ATTORNEYS
More informationNovember 20, 2014. Acting Director U.S. Immigration and Customs Enforcement. R. Gil Kerlikowske Commissioner U.S. Customs and Border Protection
Secretary U.S. Department of Homeland Security Washington, DC 20528 Homeland Security November 20, 2014 MEMORANDUM FOR: Thomas S. Winkowski Acting Director U.S. Immigration and Customs Enforcement R. Gil
More informationNew Jersey Department of Children and Families Policy Manual. Date: Chapter: C Adoption Subchapter: 5 Safe Haven Infants
New Jersey Department of Children and Families Policy Manual Manual: CP&P Child Protection and Permanency Effective Volume: IV Out of Home Placement Date: Chapter: C Adoption Subchapter: 5 Safe Haven Infants
More informationCalifornia Judges Association OPINION NO. 56. (Issued: August 29, 2006)
California Judges Association OPINION NO. 56 (Issued: August 29, 2006) ETHICAL CONSIDERATIONS WHEN A JUDGE OR A MEMBER OF A JUDGE S FAMILY HAS BEEN ARRESTED OR IS BEING PROSECUTED FOR CRIMINAL ACTIVITY
More informationCHILD PROTECTIVE SERVICES (CPS) and DEPENDENCY ACTIONS. The Role of CPS
CHILD PROTECTIVE SERVICES (CPS) and DEPENDENCY ACTIONS If you are involved with Child Protective Services, but no court action has been filed, see the first section of this memo, The Role of CPS. Legal
More informationOverview. Chapter 1: 1.1 Purpose of Manual 2
Chapter 1: Overview 1.1 Purpose of Manual 2 1.2 Role of Defense Counsel 2 A. Practice Standards and Cases Recognize Defense Counsel s Role B. More Noncitizen Clients May Face Adverse Immigration Consequences
More informationIN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO FAYETTE COUNTY
[Cite as In re A.D., 2014-Ohio-5083.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO FAYETTE COUNTY IN THE MATTER OF: : A.D., et al. : CASE NO. CA2014-06-014 : O P I N I O N 11/17/2014 : :
More informationDETENTION HEARINGS By Michael C. O Brien Assistant District Attorney 305 th District Court, Dallas, Texas
DETENTION HEARINGS By Michael C. O Brien Assistant District Attorney 305 th District Court, Dallas, Texas Speaker Biography Michael C. O Brien is a prosecutor with Dallas County District Attorney s Office
More informationFAMILY COURT AND YOU
FAMILY COURT AND YOU TABLE OF CONTENTS FAMILY COURT BRINGING A PETITION YOUR CASE LAWYERS ALTERNATE DISPUTE RESOLUTION PROCEDURES INITIAL APPEARANCE FACT-FINDING HEARlNG DISPOSITIONAL HEARlNG APPEALING
More informationWhat you don t know can hurt you.
What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a
More informationGUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT
NEW YORK STATE SUPREME COURT APPELLATE DIVISION, FOURTH DEPARTMENT HONORABLE HENRY J. SCUDDER PRESIDING JUSTICE GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT PREFACE The Departmental Advisory
More informationConsiderations When Representing Foreign Nationals in Criminal Proceedings
Considerations When Representing Foreign Nationals in Criminal Proceedings by Jeffrey Y. Bennett (www.jybennettlaw.com) Padilla v. Kentucky, 130 S. Ct. 1473 (2010), is a case in which the US Supreme Court
More informationProtective Orders in Virginia A Guide for Victims
Protective Orders in Virginia A Guide for Victims Virginia Department of Criminal Justice Services www.dcjs.virginia.gov This brochure is intended to provide summary information regarding family abuse
More informationDelaware UCCJEA 13 Del. Code 1901 et seq.
Delaware UCCJEA 13 Del. Code 1901 et seq. 1901. Short title This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. 1902. Definitions As used in this chapter: (1) "Abandoned"
More informationMULTNOMAH COUNTY District Attorney s Office, Juvenile Unit and Juvenile Services Division Case Processing Agreement
I. PURPOSE A. To articulate agreements between the Multnomah County Department of Community Justice,, and the Multnomah County District Attorney s Office, Juvenile Unit. B. To establish data entry requirements,
More informationAdult Protective Services
Chapter 7.E Guardianship/conservatorship and Mental Health Board A. Guardianship/Conservatorship 1. A guardian or conservator is a person or entity appointed by a court of competent jurisdiction to have
More informationParent s Guide. to Child Protective Services (CPS) Children s. Administration. Division. of Children. and Family. Services
Parent s Guide to Child Protective Services (CPS) Children s Administration Division of Children and Family Services Table Of Contents Topic Page What Is Child Protective Services (CPS)?... What Is Child
More informationPurpose of the Victim/Witness Unit
Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure
More informationLivescan cards, when received, apply electronically to the DCI & FBI records
Juveniles should be fingerprinted upon being taken into custody for any serious or aggravated misdemeanor or felony charge and the Final Disposition Report started Livescan electronically submits cards
More informationGEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES CHILD WELFARE POLICY MANUAL
GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES CHILD WELFARE POLICY MANUAL Chapter: Policy Title: Policy Number: (10) Foster Care Permanency Planning 10.22 Effective Date: Previous Policy #: August 2014
More informationTitle IV-E: It s Not Just About Money or Why It Matters to Children in Foster Care. Ann Ahlstrom Staff Attorney and Manager of CJI
Title IV-E: It s Not Just About Money or Why It Matters to Children in Foster Care Ann Ahlstrom Staff Attorney and Manager of CJI Judges and Title IV-E Judges are enforcing IV-E in every CHIPS case involving
More informationSTATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, Petitioner- Respondent, v. Jane DOE I, Respondent-Appellant.
In the Matter of Jane Doe, a minor Child, STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, Petitioner- Respondent, v. Jane DOE I, Respondent-Appellant. [Cite as State, Department of Health and Welfare
More informationTitle 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights
Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held
More informationGeneral District Courts
General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance
More informationHaving avoice. & achoice. New York State Handbook for Relatives Raising Children
Having avoice & achoice New York State Handbook for Relatives Raising Children Handbook for Relatives Raising Children Having avoice & achoice New York State Handbook for Relatives Raising Children New
More informationThe Family Court Process for Children Charged with Criminal and Status Offenses in South Carolina
The Family Court Process for Children Charged with Criminal and Status Offenses in South Carolina The Children s Law Offi ce is a training, project, and resource center in child protection and juvenile
More informationUNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent
More informationIMMIGRATION ARRESTS IN THE COMMUNITY WHAT YOU NEED TO KNOW TO PROTECT YOUR RIGHTS
IMMIGRATION ARRESTS IN THE COMMUNITY WHAT YOU NEED TO KNOW TO PROTECT YOUR RIGHTS I D P Immigrant Defense Project has been monitoring Immigration and Customs Enforcement (ICE) community arrests. Learn
More informationImmigration Consequences of Criminal Conduct
Immigration Consequences of Criminal Conduct AGENCIES AND DEPARTMENTS DHS: U.S. Citizenship and Immigration Services (USCIS) Administering immigration benefits and services is primary focus Services include
More informationSenate Bill No. 86 Committee on Transportation and Homeland Security
Senate Bill No. 86 Committee on Transportation and Homeland Security CHAPTER... AN ACT relating to offenses; providing that counseling and evaluations required for certain offenses may be conducted in
More informationDeKalb County Drug Court: C.L.E.A.N. Program (Choosing Life and Ending Abuse Now)
DeKalb County Drug Court: C.L.E.A.N. Program (Choosing Life and Ending Abuse Now) MISSION STATEMENT The mission of the DeKalb County Drug Court:.C.L.E.A.N. Program (Choosing Life and Ending Abuse Now)
More informationMARYLAND CODE Family Law. Subtitle 1. GENERAL PROVISIONS
MARYLAND CODE Family Law Title 9.5 MARYLAND UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT *** Current as of April, 2012 *** Section 9.5-101 Definitions Subtitle 1. GENERAL PROVISIONS (a) In general.-
More informationGrandparent Power of Attorney (POA) Checklist
Grandparent Power of Attorney (POA) Checklist Check off all statements which are true. If any statement is not true, do not check the statement. The POA cannot be filed unless all statements are checked
More informationA Guide to How Probate and Family Courts Handle Cases Involving. Domestic Violence. You Have the Right to Protection Against.
A Guide to How Probate and Family Courts Handle Cases Involving Domestic Violence You Have the Right to Protection Against Domestic Violence Violent behavior is unacceptable. No one deserves to be abused.
More informationQuick Reference Guide: Handling Custody Issues in the School
Dallas Independent School District Quick Reference Guide: Handling Custody Issues in the School Office of Legal Services Administration Building, Box 69 972-925-3250 (main) 972-925-3251 (fax) Updated August
More informationStearns County, MN Repeat Felony Domestic Violence Court
Stearns County, MN Repeat Felony Domestic Violence Court Planning and Implementation Best Practice Guide How can a community come together to change its response to domestic violence crimes? Can a court
More informationWhy Do You Have To Go To Court? What Happens When Your Child Is Removed From Home?
Being involved in a child abuse and neglect case can be very confusing and stressful for a family. Not knowing what to expect can make it even harder. This handbook will help you understand what will happen.
More informationSTUDENT LEGAL SERVICES CHILD, YOUTH & FAMILY ENHANCEMENT ACT A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER
COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING CHILD, YOUTH & FAMILY ENHANCEMENT ACT version: 2010 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is provided for general knowledge
More informationGlossary of Court-related Terms
Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation
More informationOFFICE OF THE DISTRICT ATTORNEY
OFFICE OF THE DISTRICT ATTORNEY TWENTIETH JUDICIAL DISTRICT Stanley L. Garnett, District Attorney Boulder Office: Justice Center, 1777 6th St., Boulder, Colorado 80302 303.441.3700 fax: 303.441.4703 Longmont
More informationConsequences of Convictions for Sex Crimes
Consequences of Convictions for Sex Crimes Sex Offender Registration Act, Sex Offender Commitment Act, Lifetime Supervision for Sex Offenders SORA 29 Chapter 40 1 Sex Offender Registration Act (SORA):
More informationJUVENILE JUSTICE SYSTEM
JUVENILE JUSTICE SYSTEM A delinquency petition is a court document alleging that a juvenile, between ages 10-16, has violated a law which would be a criminal offense if committed by an adult. Disposition
More informationWHAT HAPPENS NEXT? A guide to the NORTH DAKOTA CHILD PROTECTION SERVICES. This guide is made available by
WHAT HAPPENS NEXT? A guide to the NORTH DAKOTA CHILD PROTECTION SERVICES This guide is made available by NORTH DAKOTA CHILD PROTECTION SERVICES CHILDREN AND FAMILY SERVICES North Dakota Department of Human
More information