Your client has been accused of Child Abuse: What Do You Do Initially to Assist Your Clients? Recommendations and Rants.

Size: px
Start display at page:

Download "Your client has been accused of Child Abuse: What Do You Do Initially to Assist Your Clients? Recommendations and Rants."

Transcription

1 Your client has been accused of Child Abuse: What Do You Do Initially to Assist Your Clients? Recommendations and Rants. I thank Elizabeth Tener, Esquire; Melissa Montle, Esquire; and Elaine Simon Esquire, for their efforts in the preparation of these materials. Charles D. Jamieson, Esquire The Law Firm of Charles D. Jamieson, P.A Forum Place - Ste. 500 West Palm Beach, FL Telephone: (561)

2 I. Why is Course Necessary? A. Cases with nexus in Juvenile, Family and Criminal Law Courts B. Unified Family Court is driving family law practitioners and juvenile law practitioners into each other s world C. Atom Bomb of Family Law custody/visitation cases 1. If first strike does not destroy your client, the fall out may destroy your client 2. Combination of emotional impact, seriousness of allegations, foreign and strange medical, psychological and/or legal concepts can paralyze clients and inexperienced attorneys II. What Course Is Not A. Not comprehensive or advanced course in defending physical abuse, sexual abuse, or neglect case B. Not a course in criminal defense tactics or law C. Not a course focused in juvenile dependency procedure/law III. What Course Is About A. Better understanding of how to represent client when abuse allegation occurs 1. Nexus of Family / Criminal / Juvenile Law 2. How to identify some potential pitfalls and discuss basic strategies IV. How Commenced A. Served with pleading B. Call from spouse / former spouse C. Call from Department of Children and Families (DCF) 2

3 D. Call from law enforcement V. Triage Call A. Seriousness of allegation B. How commence C. Need for assistance 1. Rules of ethics 2. Criminal defense necessary 3. Your comfort level and experience VI. Mandatory Reporting A. Florida Statute (1) (a) and (2) Any person who knows, or has reasonable cause to suspect that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for child s welfare.... shall report such knowledge or suspicion to department... via toll free hotline. B. Florida Statute (b): Reporters are required to provide names to hotline 1. Doctors 2. Health and mental health professionals 3. School teachers 4. Social worker, day care center worker 5. Law enforcement officer 6. Judge C. Florida Statute If not reported, then can be prosecuted criminally - misdemeanor of first degree 3

4 What to Do During an Abuse Investigation, Right to Counsel, Triage Issues 1. How an abuse investigation starts (Florida Statute ) Usually involves a call to the abuse hotline regarding suspected child abuse, abandonment, or neglect Abuse can also be reported in writing via fax or to the hotline Once the report is made, the central abuse hotline shall determine if the report requires an immediate onsite protective investigation The department shall immediately forward allegations of criminal conduct to the municipal or county law enforcement agency of the municipality or county in which the alleged conduct has occurred. Sometimes a concurrent criminal investigation is initiated consequently, always be aware that a law enforcement investigation is occurring. Upon receiving a written report of an allegation of criminal conduct from the department, the law enforcement agency shall review the information in the written report to determine whether a criminal investigation is warranted. If the law enforcement agency accepts the case for criminal investigation, it shall coordinate its investigative activities with the department, whenever feasible. If the law enforcement agency does not accept the case for criminal investigation, the agency shall notify the department in writing. (However, generally, DCF will do investigations) To the extent practical, all protective investigations involving a child shall be conducted or the work supervised by a single individual in order for there to be broad knowledge and understanding of the child's history. 2. Know your right to counsel (Florida Statute ) DCF investigators are not required to give Miranda warnings during interviews of accused parents. But remember statements can be used against them. Parents must be informed by the court of their right to counsel in dependency proceedings at each stage of the dependency proceedings. Parents who are unable to afford counsel must be appointed counsel 4

5 You have a right to have an attorney present at every stage of the proceedings, including home visits and criminal investigation (if any) At each stage of the proceedings, the court shall advise the parents of the right to counsel. 3. What happens next? The investigator MUST conduct a face-to-face interview with the child, other siblings, parents, and other adults in the household and an onsite assessment of the child's residence (immediately or within 48 hours). If not immediate interview, then usually contact your client for interview. When an investigation begins, the child protective investigator shall inform any subject of the investigation of the following: - The names of the investigators and identifying credentials from the department. - The purpose of the investigation. - The right to obtain his or her own attorney and ways that the information provided by the subject may be used. - Explain the possible outcomes and services of the department's response - The right of the parent or legal custodian to be involved to the fullest extent possible in determining the nature of the allegation and the nature of any identified problem. - The duty of the parent or legal custodian to report any change in the residence or location of the child to the investigator and that the duty to report continues until the investigation is closed. Investigators should fully inform parents or legal custodians of their rights and options, including opportunities for audio or video recording of investigators' interviews with parents or legal custodians or children. Note: The above information is not always provided. Most lay people do not know about the above reasons. All the more reason to have an attorney present during the interview. 5

6 4. In some counties, sheriff s departments conduct investigations for DCF (Florida Statute ) Beginning in fiscal year , the sheriffs of Pasco County, Manatee County, Broward County, and Pinellas County have the responsibility to provide all child protective investigations in their respective counties. Beginning in fiscal year , the Department of Children and Family Services is authorized to enter into grant agreements with sheriffs of other counties to perform child protective investigations in their respective counties. 5. Photographs and/or Medical Examination (see attached, FS ) Any person required to investigate cases of suspected child abuse, abandonment, or neglect may take photographs of the areas of trauma visible on a child who is the subject of a report. If the areas of trauma visible on a child indicate a need for a medical examination, or if the child verbally complains or otherwise exhibits distress as a result of injury through suspected child abuse, abandonment, or neglect, or is alleged to have been sexually abused, the person required to investigate may cause the child to be referred for diagnosis to a licensed physician or an emergency department in a hospital without the consent of the child's parents or legal custodian. (hospital if emergency or after hours; Child Protective Team otherwise) 6. Understand what steps client should take to protect himself or herself Hire an attorney if it is at all financially feasible Seek counsel with experience defending abuse allegations and who is experienced with litigating DCF and dependency cases in juvenile court Advise the investigator you want to have your attorney present at the home visit and all court proceedings (you are allowed, but they may/may not tell you this). Your client may need to indicate that they wish to cooperate, but need to coordinate visit with their attorney. Remember, Miranda Warnings are required in a criminal case, but not in a DCF investigation 6

7 The falsely accused, if possible, should take pictures and videotapes of the child interacting with the parent, enjoying himself, acting normal, not injured or afraid, etc. Also take pictures/video of the suitable home environment the parent is providing Create a list of people who have seen the accused display appropriate parenting behavior and interact with the child. Provide names and contact information to DCF Document everything! Keep a journal, calendar, etc. and report everything to your attorney Remember the quality of the investigation will depend on the quality of the investigator. These agencies suffer from high staff turnover and the investigator on your case may be brand-new or may be replaced mid-case or mid-investigation. The investigators and case managers are often under staffed and underpaid, which is a contributing factor. The attorney should immediately contact the investigator or law enforcement agency (if criminal investigation is initiated) once retained, and always follow up in writing The letter should include the following language or buzzwords where applicable: - A concurrent family law case is pending or commencing (means issue being dealt with in family court and DCF need not be involved -- issue of preserving DCF resources) - Allegations arise from a highly contested divorce/custody action - There has been ongoing litigation/disputes about custody/visitation - Your client has concerns of parental alienation by other parent - Dealing with young children and memory contamination 7. Triage Issues: The Concurrent Criminal Investigation As stated above, law enforcement may initiate a concurrent criminal investigation If the attorney hired by the accused handles criminal matters as well, counsel could provide representation on this issue as well 7

8 However, frequently this is not the case the other option is to make a referral to a competent criminal defense attorney in the party s area or ally oneself with a criminal law practitioner It is imperative that both attorneys have open lines of communication and keep each other apprised of the status of the respective cases/investigations The attorney representing the accused in the criminal case should contact the law enforcement agency before a filing decision is made, and follow up in writing Cite the same language as #6 above 8

9 Discovery and Other Issues I. Client Self Help (must be done as quickly as possible) A. child s complete medical file (file immediate request and pick up in person) 1. May establish lack of concern of accusing parent 2. No indication of any concern of physician 3. Prior concerns of parent, but no report to DCF by physician (a) Hypersensitivity B. Child s Complete School Record 1. Include request for guidance counselor records or attendance at any school sponsored counseling or support group C. School or School District s Sex Education Curriculum 1. When exposed to sexual concept; how good touch/bad touch explained D. Child s Therapy Records 1. Any mention of abuse 2. Exploration of abuse issues in therapy 3. Statements by accusing spouse to therapist 4. If commenced without client s permission, send certified letter asserting joint decision violation and demand termination of therapy. 5. Beware of Attorney Ad Litem for DK v. Parents of DK, 780 So.2d 301, 307 (Fla. 4DCA 2001) (a) Child s right to assert privilege (b) Nevertheless, still attempt to obtain records II. Client Outline and Attorney Correction or Additions A. Client s outline regarding (from their perspective) important events leading up to allegation and afterwards 2. Attorney amends it based on review of other materials 3. Has to be performed so that attorney/client privilege applies and attorney work product can apply 9

10 III. Outline of Development of all statements of child regarding alleged abuse and how changed over time A. Important in terms of issues of suggestibility and memory contamination B. By client and attorney 10

11 Lack of Privilege I. Florida Statute abrogates all privileges (except attorney client) involving the perpetrator OR ALLEGED PERPETRATOR in any situation involving known of SUPSECTED child abuse, abandonment, or neglect A. Includes Husband - Wife Professional - Client II. Client is to speak only to you or other lawyer (hired by client) about allegation III. If admission to therapist, then therapist must report 11

12 Subpoena DCF Records of Current Investigation (redacting name of reporter) A. Include specific request for protective investigator s chronological notes, initial report to hot line, and case worker notes B. Request on behalf of parent (even if accused parent) pursuant to Florida Statute (2) (d) C. Request on behalf of person accused of abuse [Florida Statute (2) (e)] 1. Florida Statute (2) (e) - by court order that access to such records may be necessary for determination of an issue before the court D. Important because provides step-by-step road map of investigation 1. Also provides you opportunity to attempt to intelligently guess identity of caller to Hotline, even though identify is redacted 2. Access quality of investigation 3. Access theory of motive 12

13 Subpoena or Client/Parent Directly Request Close Out/Final Reports of Prior DCF Investigations Involving child and/or Your Client A. DCF keeps such records for 7 years or until child turns 18 B. Request because parent or accused are directly involved or interested C. Important because it may reveal history of false allegations against client 1. or findings against client 2. or findings against accusing spouse 3. even reports with no findings may be useful D. Such history may be useful in diffusing or eliminating criminal investigation and may assist you in dealing with DCF investigation or otherwise in your case E. Client can request directly 1. Confidentiality agreement 13

14 Subpoena Child Protection Team File A. Child Protective Team assists investigation - Florida Statute B. Multidiscipline Team (Medical exams and interviews of children regarding allegations) C. Interviews are recorded and transcribed (subpoena tape so can compare with transcript) D. Results of evaluation usually given great weight by DCF and law enforcement E. Evaluation conducted within short time of allegation 14

15 Commence Structuring Theory of Case A. Depends upon age and sophistication of child 1. Teenagers have for some gain and young children confused or poisoned or adult misinterpreted what they say B. Existence or lack of corroborating medical evidence 1. Lack of evidence can be ambiguous in terms of interpretation depending on allegation 2. What methodology used during exam 3. What baseline of normal was used to determine allegations were abnormal C. Context from which allegations arose 1. Parental alienation 2. Bad feelings 3. Stereotypical induction 4. Quality and repetition of interviews D. Was investigation performed correctly and fully 1. Have our forensic expert acquire more evidence in terms of quality and quantity (reports, interviews, forensic materials) than information which DCF, parent, or police originally acquired or used in their evaluation 2. Cultivate relationships with forensic professionals in state and out of state (mental health and medical) 3. Theory provides an out for DCF, judge (if bench trial) and/or jury, if criminal or civil trial 15

16 Develop Library 1. The Parental Alienation Syndrome by Richard A. Gardner, M.D. 2. Jeopardy in the Courtroom: A Scientific Analysis of Children s Testimony, by Stephen J. Ceci and Maggie Bruck 3. Child Maltreatment, A Clinical Guide and Reference and Child Maltreatment, A Comprehensive Photographic Reference Identifying Potential Child Abuse - a two set volume by J. A. Monteleone 16

17 Need to Continue Contact with Child if Possible Problem is keeping Children Safe Act - Florida Statute A Fla. Sess. Law Serv. Ch (C.S.H.B.)(WEST). 1. Legislative Intent: protect children and reduce the risk of further harm of sexual abuse 2. Rebuttable Presumption of Detriment a. When a report to child abuse hotline alleging sexual abuse of child; b. Has been found guilty of, regardless of adjudication, or has entered a plea of guilty or nolo contendere to, charges under the following statutes or substantially similar statutes of other jurisdictions: (removing minors from the state or concealing minors contrary to court order; sexual battery; lewd, lascivious behavior; incest or has been determined by a court to be a sexual predator.) 3. Automatic no visitation until hearing and appointment of attorney or guardian ad litem. 4. The court can rely upon any relevant evidence even if not competent in an adjudicatory hearing. 5. If failed attempt to rebut presumption, then court will restrict or eliminate visitation. 6. Special supervised visitation programs 7. If therapist reports that the visitation or other conduct is impeding the child s therapeutic progress, the court shall convene a hearing within 7 business days to review the terms, conditions, or appropriateness of continued visitation or other conduct. 8. Rules of Supervised Visitation Programs. B. Applies directly to Family Law Cases 1. F.S : Protecting Children from Sexual Abuse by Those Entrusted with Their Care by Alexander Caballero and Ingrid Anderson, The Florida Bar Journal, Vol. 82, No.3, March 2008 C. Constitutional Issues (procedural and substantive due process rights potentially violated) 17

18 -- Will take money and time D. Practical Results: At best, supervised visitation; at worse, no visitation 18

19 Obtaining Court Ordered Psychological Evaluations th Judicial Circuit, Palm Beach County Administrative Order No /04* (copy attached) An order for psychological evaluation regarding child custody may be entered based upon agreement of the parties, motion of a party, or on the court s own motion. Unless otherwise ordered, all psychological evaluations shall be conducted by the Court s Psychology Office, 15 th Judicial Circuit, Palm Beach County, Florida. The order for psychological evaluation shall be in the form designated by the court. (August 12, 2004) 2. Fla. Fam L.R.P Examination of Persons (copy attached) Florida Rule of Civil Procedure shall govern general provisions concerning the examination of person in family law matters, except that examination permitted under rule 1.360(a)(1) may include, but are not limited to, examinations involving physical or mental condition, employability or vocational testing, genetic testing, or any other type of examination related to a matter in controversy Commentary: 1995 Adoption. This rule expands Florida Rule of Civil Procedure to specify common examinations in family law matters, but this rule is not intended to be an exclusive list of allowable examinations. Rule should be interpreted to discourage subjecting children to multiple interviews, testing, and evaluations 3. Florida Rule of Civil Procedure A party may request the examination of another party by a qualified expert when the condition that is the subject of the requested examination is in controversy. If allegation is child abuse perpetrated by parent, it can be argued that good cause exists for examination An examination under this rule is authorized only when the party submitting the request has good cause for the examination. At any hearing the party submitting the request shall have the burden of showing good cause. 19

20 Upon request of either the party requesting the examination or the party or person to be examined, the court may establish protective rules governing such examination. 20

21 Psychological Evaluations (pros and cons) 1. Child Abuse in part an impulse control issue 2. Consider private evaluation to test issue - MMPI, CAPI (Child Abuse Potential Inventory) 3. If good result for your client, then submit to investigators, use at visitation hearings pursuant to Florida Statute If negative, then not use and commence looking carefully at trends in evidence you are acquiring 21

22 Psychological Defense - Florida Administrative Code 1. Florida Administrative Code establishes standard of practice for psychologists (Fla. Admin. Code 64B ) and for therapists (Fla. Admin. Code 64 B ) (See attachments) 2. Psychologists cannot make recommendations for custody and visitation if a. has served as child s therapist b. has not evaluated both parties (with observation and test results) c. evaluation of child where appropriate 3. Therapists cannot make recommendations for custody and/or visitation if: a. prior therapists or prior relationship(?) with any parties to evaluation b. not use multiple avenues of data gathering including testing and interviewing methods, c. not involve and communicate with all parties central to child is question (including parties seeking custody or visitation) 4. Question: How will these Administrative Code Sections interact with testimony in hearings pursuant to Florida Statute ? 22

23 Interviewing and Child Sex Abuse Allegations: Some Thoughts **The information in this section credited to Debra Anne Poole, Ph.D, Central Michigan University and her presentation What Competent Interviewing of Children Can and Can t Do (and Why) I. False Allegations of Sexual Abuse A. False allegation rates are very high 1. *In every year since 1989, when DNA analysis was first admitted as evidence in an American court, the FBI has found that in about 25% of the sexual assault cases referred to its crime laboratory, DNA testing exonerated the primary suspect. 2. *In child samples, when honest misunderstandings, etc. are included, estimates of false allegations of sexual abuse jump from 6% to 23% for one comprehensive study (Jones & McGraw, 1987), with rates of 35% or higher when allegations arising in the context of divorce or custody proceedings are included (e.g., Benedik & Schetky, cited Jones & Seig, 1988; Faller 1991: Thoennes & Tjaden, 1990). B. It is very easy to implant false reports in young children 1. *Debra Ann Poole, Ph.D says give her a child between the ages of 3 and 8 for 4-5 minutes and she will get 1/3 of them to claim that their bodies were hurt by an adult. Many will make reports without a single suggestive question, and adults will not be able to distinguish these reports from reports of actual events. II. Interviewing & Suggestibility A. What you are up against when it comes to interviews 1. They see it, they believe it (a) *When adults see a child describe an event on videotape, they tend to believe it: 80% of adults say that the event happened if the child described the event after open-ended questions or after a direct yes-no question. In contrast only 27% believe the report if the child initially said No. 23

24 (b) *The proportion of adults who believe the event is not changed by watching a short educational tape that explains the dangers of yes-no questions, even when that tape includes videotapes of children making false reports just like the ones they will be judging. Even more surprising, a realistic simulation of expert testimony that describes baserates of false reports has no impact on their judgments. B. Children will describe implanted reports even when the interview if technically perfect 1. *The most important message about forensic interviews is that the interview is only a small part of a case, and often not even the most important part. 2. *There are three major types of false allegations in cases involving children: the child is lying (i.e., not telling the truth and knows s/he is not telling the truth), the child has come to believe the false report (i.e., suggestibility is an issue), or the child made comments that were misunderstood by adults (i.e., doesn t think anything bad happened and never did.) The first is associated with older kids; the second and third are associated with younger kids. 3. *You can t win a case by getting your client on the stand, portraying him as a nice guy, and having him say that he is innocent. You have to build a story about how the allegations came about, given what we know about the mechanisms involved in false allegations. 4. *Most cases boil down to details small idiosyncrasies in a case, fleeting comments during an interview, etc. You have to be very detail oriented to build your story, and very open to thinking about and discussing sexual issues in child sex abuse cases. Obtain Following Articles for Library: Poole D & Lindsay S; Children s Eyewitness Reports After Exposure to Misinformation from Parents. Journal of Experimental Psychology, 2001; 7: Poole D & White L; Effects of Question Repetition on the Eyewitness Testimony of Children and Adults. Developmental Psychology, 1991; 27:

25 Poole D & White L; Two Years Later: Effects of Question Repetition and Retention Interval on the Eyewitness Testimony of Children and Adults. Developmental Psychology, 1993; 29: Lamb M; Orbach Y; Sternberg K; Hershkowitz I; Horowitz D; Accuracy of Investigator;s Verbatim Notes of Their Forensic Interviews with Alleged Child Abuse Victims. Law and Human Behavior, 2000; 24:

26 Physical Exams/Findings What s normal? Medical Defense of Sexual Abuse of Children Case *In order to know what s abnormal physically in a child sex abuse case, you must be educated about what s normal *All perceived physical abnormalities found during physical exam are not actually abnormal *You must educate yourself in order to protect your client *Preeminent publisher on what s normal physically John McCann, MD *In Genital Findings in Prepubertal Girls Selected for Nonabuse: A Descriptive Study. Pediatrics, 1990; 86: , McCann studied 93 nonabused prepubertal girls genitally with the use of a coloscope and the results regarding what is normal were somewhat surprising *McCann says: as a consequence of naturally occurring physical changes, there will always be an overlap in findings between nonabused children and the victims of sexual misuse. The appreciation of this reality should serve as a constant reminder that the determination of sexual abuse can rarely rely on a physical examination alone and that consideration of all the components of the investigation especially the information obtained from the child is essential. *In Perianal Findings in Prepubertal Children Selected for Nonabuse: A Descriptive Study. Child Abuse & Neglect, 1989; 12: , McCann also studied 106 nonabused prepubertal boys and 161 nonabused prepubertal girls perianally *McCann says: The number and variety of perianal physical findings found in this population of children were somewhat surprising. There were findings that occurred with such a high frequency that they appeared to be variants of normal. *McCann says: The relatively high incidence of perianal soft tissue changes found in this study does not imply that these findings cannot be caused by sexual abuse. It only means other etiologic factors must be considered before the spector of abuse is raised when unexplained perianal findings are encountered. When medical examiners must maintain a high index of suspicion in this area of unremitting sexual abuse, caution must be exercised during the search for the cause of soft tissue changes discovered in the anogenital region of a child. 26

27 Additional Literature to Obtain for Library: American Professional Society on the Abuse of Children Practice Guidelines: Descriptive Terminology in Child Sexual Abuse Medical Evaluations McCann J; Wells R; Simon M; Voris J; Genital Findings in Prepubertal Girls Selected for Nonabuse: A Descriptive Study. Pediatrics, 1990; 86: McCann J; Voris J; Simon M; Wells R; Perianal Findings in Prepubertal Children Selected for Nonabuse: A Descriptive Study. Child Abuse & Neglect, 1989; 12:

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA 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 information

court. However, without your testimony the defendant might go unpunished.

court. 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 information

A Guide for Larimer County Parents

A 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 information

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS

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 information

Contemporary Ethical and Legal Challenges in Mental Health. University of South Alabama Mobile, Alabama March 11, 2016

Contemporary Ethical and Legal Challenges in Mental Health. University of South Alabama Mobile, Alabama March 11, 2016 Contemporary Ethical and Legal Challenges in Mental Health University of South Alabama Mobile, Alabama March 11, 2016 Meet the Presenter Theodore P. Remley Jr. JD, PhD, NCC, LPC, LMFT Contemporary Ethical

More information

What Happens Next? A PARENTS' A PARENTS GUIDE TO NEW YORK STATE CHILD PROTECTIVE SYSTEM

What Happens Next? A PARENTS' A PARENTS GUIDE TO NEW YORK STATE CHILD PROTECTIVE SYSTEM What Happens Next? A PARENTS' A PARENTS GUIDE TO NEW YORK STATE CHILD PROTECTIVE SYSTEM Revised: April 2012 Adapted by Prevent Child Abuse New York, Inc. from a piece of the same name by Margo Hittleman,

More information

The Juvenile and Domestic Relations District Court

The 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 information

General District Courts

General 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 information

OBJECTIVES CRIMINAL PROCESS- PROSECUTING ATTORNEY S OFFICE NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES

OBJECTIVES 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 information

Code of Alabama Title 26. Infants and Incompetents. Chapter 14. Reporting of Child Abuse or Neglect. ALA.CODE 26-14-2. 26-14-1. Definitions.

Code of Alabama Title 26. Infants and Incompetents. Chapter 14. Reporting of Child Abuse or Neglect. ALA.CODE 26-14-2. 26-14-1. Definitions. ALA.CODE 26-14-1 26-14-1. Definitions. For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or threatened harm to

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Alabama s Mandatory Child Abuse and Neglect Reporting Law

Alabama s Mandatory Child Abuse and Neglect Reporting Law CODE OF ALABAMA TITLE 26. INFANTS AND INCOMPETENTS. CHAPTER 14. REPORTING OF CHILD ABUSE OR NEGLECT. 26-14-1. Definitions. For the purposes of this chapter, the following terms shall have the meanings

More information

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated

Child 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 information

REPORTING REQUIREMENTS

REPORTING REQUIREMENTS REPORTING REQUIREMENTS REPORTING REQUIREMENTS Consistent with state law, you must report known or suspected abuse, neglect, and/or exploitation of children and certain adults. Different rules apply to

More information

CHAPTER 2015-177. Committee Substitute for Committee Substitute for House Bill No. 1055

CHAPTER 2015-177. Committee Substitute for Committee Substitute for House Bill No. 1055 CHAPTER 2015-177 Committee Substitute for Committee Substitute for House Bill No. 1055 An act relating to child protection; amending s. 39.2015, F.S.; providing requirements for the representation of Children

More information

As Amended by Senate Committee SENATE BILL No. 408

As Amended by Senate Committee SENATE BILL No. 408 Session of As Amended by Senate Committee SENATE BILL No. 0 By Committee on Corrections and Juvenile Justice - 0 AN ACT concerning abuse, neglect and exploitation of persons; relating to reporting and

More information

Domestic Violence Case Management Plan

Domestic Violence Case Management Plan Domestic Violence Case Management Plan From the commencement of litigation to its resolution, whether by trial or settlement, it is the goal of this Court to reduce delay and enable just and efficient

More information

Domestic Violence. (b) Assaulting, attacking, beating, molesting, or wounding a named individual.

Domestic Violence. (b) Assaulting, attacking, beating, molesting, or wounding a named individual. Domestic Violence Domestic Violence is one of the 12 factors of the best interests test set forth at MCLA 722.23. The best interest factors were modified in 1993 to include domestic violence as factor

More information

THE CHILD ABUSE ASSESSMENT:

THE CHILD ABUSE ASSESSMENT: THE CHILD ABUSE ASSESSMENT: A Guide for Foster Parents Iowa Foster and Adoptive Parents Association Acknowledgements This publication was developed under the guidance of an advisory committee comprised

More information

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced

More information

Additional Information for Community Partners Activity

Additional Information for Community Partners Activity Additional Information for Community Partners Activity Law Enforcement Sexual abuse referrals are referred to police on the CY-104 (Report to Law Enforcement Officials). Note that referrals which do not

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 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 information

GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT

GUIDELINES 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 information

CHAPTER 13 DISPOSITION HEARING TABLE OF CONTENTS

CHAPTER 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 information

Purpose of the Victim/Witness Unit

Purpose 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 information

Guidelines for Guardians ad Litem for Children in Family Court

Guidelines 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 information

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION LAURA HIMES-RUETH, CASE NO.: Plaintiff, vs. DR. MANUEL ABREU and ALL CARE MEDICAL CONSULTANTS PA, a

More information

A Summary of Virginia s Crime Victim and Witness Rights Act

A Summary of Virginia s Crime Victim and Witness Rights Act A Summary of Virginia s Crime Victim and Witness Rights Act Your Rights and Responsibilities Department of Criminal Justice Services Victims Services Section December 2008 www.dcjs.virginia.gov Table of

More information

The Circuit Court. Judges and Clerks. Jurisdiction

The Circuit Court. Judges and Clerks. Jurisdiction The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes

More information

Domestic Violence: Can the Legal System Help Protect Me?

Domestic Violence: Can the Legal System Help Protect Me? Domestic Violence: Can the Legal System Help Protect Me? What is domestic violence? Domestic violence is a pattern of physically and/or emotionally abusive behavior used to control another person with

More information

Module 4 Chapter 3: Minnesota Criminal Code - Chapter 609

Module 4 Chapter 3: Minnesota Criminal Code - Chapter 609 : Minnesota Criminal Code - Chapter 609 Overview This chapter provides an overview of Minnesota s Criminal Code, Chapter 609 of Minnesota Statutes, to help you recognize the most common types of criminal

More information

THE BASICS Abuse and Neglect Cases in New York State

THE BASICS Abuse and Neglect Cases in New York State 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

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question

More information

California Child Abuse and Neglect Reporting Law

California Child Abuse and Neglect Reporting Law California Child Abuse and Neglect Reporting Law The first child abuse reporting law in California was enacted in 1963. That early law mandated only physicians to report physical abuse. Over the years,

More information

California s Domestic Violence & Mandatory Reporting Law: Requirements for Health Care Practitioners

California s Domestic Violence & Mandatory Reporting Law: Requirements for Health Care Practitioners California s Domestic Violence & Mandatory Reporting Law: Requirements for Health Care Practitioners TABLE OF CONTENTS 1) Most Common Questions and Answers on Mandatory Reporting Requirements for Health

More information

Parent 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 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 information

Community Legal Information Association of PEI, Inc. Sexual Assault

Community Legal Information Association of PEI, Inc. Sexual Assault Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is

More information

Chapter 22: Child Abuse Allegations in Custody Cases

Chapter 22: Child Abuse Allegations in Custody Cases 22.1 Introduction Chapter 22: Child Abuse Allegations in Custody Cases Occasionally child abuse allegations are leveled against one or both parents in various types of custody proceedings. Obviously, the

More information

Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program

Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program Office: Name of Beginning Lawyer: Bar No. Name of Mentor: Bar No. MODEL MENTORING PLAN OF ACTIVITIES AND EXPERIENCES FOR STATE

More information

MARYLAND STANDARDS OF PRACTICE FOR COURT-APPOINTED LAWYERS REPRESENTING CHILDREN IN CUSTODY CASES

MARYLAND STANDARDS OF PRACTICE FOR COURT-APPOINTED LAWYERS REPRESENTING CHILDREN IN CUSTODY CASES MARYAND JUDICIAL CONFERENCE COMMITTEE ON FAMILY LAW CUSTODY SUBCOMMITTEE HON. MARCELLA HOLLAND, CHAIR MARYLAND STANDARDS OF PRACTICE FOR COURT-APPOINTED LAWYERS REPRESENTING CHILDREN IN CUSTODY CASES TEXT

More information

Sexual Assault & The Juvenile Court Process A Guide for Victims/Survivors & Their Families

Sexual Assault & The Juvenile Court Process A Guide for Victims/Survivors & Their Families Sexual Assault & The Juvenile Court Process A Guide for Victims/Survivors & Their Families A publication of Connecticut Sexual Assault Crisis Services, Inc. 96 Pitkin Street v East Hartford, CT v 06108

More information

DISCLOSURES OF PHI & FLORIDA STATE LAW

DISCLOSURES OF PHI & FLORIDA STATE LAW DISCLOSURES OF PHI & FLORIDA STATE LAW The Privacy Rule provides an extensive list of permitted disclosures; however, if state laws provide greater privacy protections or privacy rights with respect to

More information

Franklin County State's Attorney Victim Services

Franklin County State's Attorney Victim Services Franklin County State's Attorney Victim Services FREQUENTLY ASKED QUESTIONS What type of services and information can I get through Victim Services Program? A Victim Advocate will be assigned to assist

More information

REPORTING CHILD ABUSE

REPORTING CHILD ABUSE CHILD CARE LAW CENTER 221 PINE STREET, 3 RD FLOOR SAN FRANCISCO CALIFORNIA 94104 TELEPHONE: 415.394.7144 FAX: 415.394.7140 E-MAIL: INFO@CHILDCARELAW.ORG LEGAL ISSUES FOR FAMILY CHILD CARE PROVIDERS IN

More information

SAN MATEO COUNTY MENTAL HEALTH SERVICES DIVISION. Assaults on Clients: Suspected or Reported

SAN MATEO COUNTY MENTAL HEALTH SERVICES DIVISION. Assaults on Clients: Suspected or Reported SAN MATEO COUNTY MENTAL HEALTH SERVICES DIVISION DATE: March 22, 2001 MENTAL HEALTH POLICY: MH 01-03 SUBJECT: Assaults on Clients: Suspected or Reported AUTHORITY: California Welfare and Institution Codes

More information

JUVENILE JUSTICE SYSTEM

JUVENILE 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 information

SLEEPING WITH THE ENEMY: HOW NOT TO HELP THE DEFENSE ATTORNEY IN CHILD SEXUAL AND PHYSICAL ABUSE CASES

SLEEPING WITH THE ENEMY: HOW NOT TO HELP THE DEFENSE ATTORNEY IN CHILD SEXUAL AND PHYSICAL ABUSE CASES SLEEPING WITH THE ENEMY: HOW NOT TO HELP THE DEFENSE ATTORNEY IN CHILD SEXUAL AND PHYSICAL ABUSE CASES Presented by: Multidisciplinary Training KwaZulu Natal May 20, 2005 LAWRENCE JAY BRAUNSTEIN, ESQ.

More information

NOTICE TO GRANDPARENT

NOTICE 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 information

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE No. _414 I. PURPOSE MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

SEAVIEW IPA. App. By: I. Purpose/Goals:

SEAVIEW IPA. App. By: I. Purpose/Goals: SEAVIEW IPA DEPARTMENT: POLICY/PROCEDURE: Health Services Department ELDER & ADULT ABUSE- INVESTIGATION/REPORTING (Physician Office) PREPARED BY: R. Grimm, RN Eff. Date: May 15, 1998 REVISION DATE(s):

More information

About DCJS. table of ContentS. ACknowleDgmentS. Introduction...2. Domestic Violence Defined...3. Plan for Your Safety...3

About DCJS. table of ContentS. ACknowleDgmentS. Introduction...2. Domestic Violence Defined...3. Plan for Your Safety...3 About DCJS The Virginia Department of Criminal Justice Services (DCJS) is a state agency whose mission is to improve the criminal justice system in Virginia s communities through effective training, partnerships,

More information

- 2 - Your appeal will follow these steps:

- 2 - Your appeal will follow these steps: QUESTIONS AND ANSWERS ABOUT YOUR APPEAL AND YOUR LAWYER A Guide Prepared by the Office of the Appellate Defender 1. WHO IS MY LAWYER? Your lawyer s name is on the notice that came with this guide. The

More information

MODEL POLICY REPORTING CHILD ABUSE AND NEGLECT FOR SCHOOL OFFICIALS IN DUPAGE COUNTY

MODEL POLICY REPORTING CHILD ABUSE AND NEGLECT FOR SCHOOL OFFICIALS IN DUPAGE COUNTY MODEL POLICY REPORTING CHILD ABUSE AND NEGLECT FOR SCHOOL OFFICIALS IN DUPAGE COUNTY The DuPage County State s Attorney s Office, the DuPage Regional Superintendent of Schools, the School District, the

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

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]

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] 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 information

Child Abuse/Neglect Intake, Investigation and Assessment Diane Carver, Program Administrator DCF Prevention and Protection Services

Child Abuse/Neglect Intake, Investigation and Assessment Diane Carver, Program Administrator DCF Prevention and Protection Services Child Abuse/Neglect Intake, Investigation and Assessment Diane Carver, Program Administrator DCF Prevention and Protection Services Strong Families Make a Strong Kansas Child Abuse Prevention and Treatment

More information

Child Abuse, Child Neglect:

Child Abuse, Child Neglect: Child Abuse, Child Neglect: What Out of Home Caregivers Should Know if They Are Investigated Written by South Carolina Appleseed Legal Justice Center With editing and assistance from the Children s Law

More information

DOMESTIC VIOLENCE IN FLORIDA

DOMESTIC VIOLENCE IN FLORIDA DOMESTIC VIOLENCE IN FLORIDA The Petitioner may go to court on his/her own (without an attorney) to petition for an injunction to protect him/her against domestic violence (assault or battery by your spouse

More information

CHAPTER 13 RULES FOR INVOLUNTARY COMMITMENT OR TREATMENT OF CHRONIC SUBSTANCE ABUSERS

CHAPTER 13 RULES FOR INVOLUNTARY COMMITMENT OR TREATMENT OF CHRONIC SUBSTANCE ABUSERS July 2009 CHRONIC SUBSTANCE ABUSERS Ch 13, p.i CHAPTER 13 RULES FOR INVOLUNTARY COMMITMENT OR TREATMENT OF CHRONIC SUBSTANCE ABUSERS Rule 13.1 Rule 13.2 Rule 13.3 Rule 13.4 Rule 13.5 Rule 13.6 Rule 13.7

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

Heather Carroll, PsyD, PLLC 2121 South Oneida St. Suite 240 - Denver, CO 80224 www.carrolltherapyconnections.com phone: 303-756-1355

Heather Carroll, PsyD, PLLC 2121 South Oneida St. Suite 240 - Denver, CO 80224 www.carrolltherapyconnections.com phone: 303-756-1355 Heather Carroll, PsyD, PLLC 2121 South Oneida St. Suite 240 - Denver, CO 80224 www.carrolltherapyconnections.com phone: 303-756-1355 CLIENT INFORMATION AND CONSENT Welcome to my practice. This document

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

Forensic Training Manual for Fitness Restoration of Individuals found Unfit to Stand Trial (UST)

Forensic Training Manual for Fitness Restoration of Individuals found Unfit to Stand Trial (UST) Forensic Training Manual for Fitness Restoration of Individuals found Unfit to Stand Trial (UST) * This example training manual should not be used without prior consultation with DMH Forensic Staff to

More information

N.Y.S. PROTECTION OF PEOPLE WITH SPECIAL NEEDS ACT NOTICE TO MANDATED REPORTERS. Justice Center Guidance June 11, 2013

N.Y.S. PROTECTION OF PEOPLE WITH SPECIAL NEEDS ACT NOTICE TO MANDATED REPORTERS. Justice Center Guidance June 11, 2013 N.Y.S. PROTECTION OF PEOPLE WITH SPECIAL NEEDS ACT NOTICE TO MANDATED REPORTERS Justice Center Guidance June 11, 2013 This Notice provides Mandated Reporters with an overview of their legal duties under

More information

The rights of crime victims in Maryland. The role and responsibilities of Law Enforcement

The rights of crime victims in Maryland. The role and responsibilities of Law Enforcement The rights of crime victims in Maryland The role and responsibilities of Law Enforcement Prepared by the Governor s Office of Crime Control & Prevention and the Maryland State Board of Victim Services

More information

414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE

414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE I. PURPOSE 414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child neglect

More information

WHAT 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 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

BEST PRACTICE METHODS AND ESSENTIAL ELEMENTS FOR THE CHILD S GUARDIAN AD LITEM

BEST PRACTICE METHODS AND ESSENTIAL ELEMENTS FOR THE CHILD S GUARDIAN AD LITEM BEST PRACTICE METHODS AND ESSENTIAL ELEMENTS FOR THE CHILD S GUARDIAN AD LITEM Adapted from: A BEST PRACTICE MODEL FOR DEPENDENCY, ABUSE AND NEGLECT CASES Developed by: COMMUNITY ACTION WORKGROUP KENTUCKY

More information

Role of Foster Parents in Family Court

Role of Foster Parents in Family Court Role of Foster Parents in Family Court This information packet has been written for foster parents, those individuals licensed by the Department of Social Services (DSS) to provide temporary care for children

More information

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE 214. A. Child means a person under age 18.

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE 214. A. Child means a person under age 18. I. PURPOSE It is the policy of Lakes International Language Academy (the school ) to maintain this policy on mandated reporting of child neglect or physical or sexual abuse. The purpose of this policy

More information

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE I. PURPOSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child neglect or

More information

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE

MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE POLICY #414 MANDATED REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE I. PURPOSE The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected child

More information

Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act

Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act 52-3-801. Short title. This part may be cited as the "Montana Elder and Persons With Developmental Disabilities Abuse Prevention

More information

WHEREAS, children caught in the middle of high parental conflict are more likely to be harmed; and

WHEREAS, children caught in the middle of high parental conflict are more likely to be harmed; and THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CASE NO. 06-1 (Court Administration) ADMINISTRATIVE ORDER NO. 06-03 IN RE: PARENTING COORDINATION IN FAMILY LAW CASES WHEREAS, children caught in

More information

Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers

Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers I. Safekeeping Property. A. Rule 1.15 of Minnesota Rules of Professional Conduct requires a lawyer representing a party to safe keep their

More information

APPENDIX A. Part 1 ANNOTATED CODE OF MARYLAND FAMILY LAW TITLE 5 CHILDREN

APPENDIX A. Part 1 ANNOTATED CODE OF MARYLAND FAMILY LAW TITLE 5 CHILDREN APPENDIX A Part 1 ANNOTATED CODE OF MARYLAND FAMILY LAW TITLE 5 CHILDREN Subtitle 7 Child Abuse and Neglect Resource: 5-701. Definitions. (a) In general.- Except as otherwise provided in 5-705.1 of this

More information

Riegler Shienvold & Associates (717) 540-1313 2151 Linglestown Road, Suite 200 Harrisburg, PA 17110

Riegler Shienvold & Associates (717) 540-1313 2151 Linglestown Road, Suite 200 Harrisburg, PA 17110 Riegler Shienvold & Associates (717) 540-1313 2151 Linglestown Road, Suite 200 Harrisburg, PA 17110 PROVIDER-PATIENT SERVICES AGREEMENT Welcome to Riegler Shienvold & Associates (RSA). This document (the

More information

The Rights of Crime Victims in Texas

The Rights of Crime Victims in Texas The Rights of Crime Victims in Texas 1 Housekeeping Please turn off cell phones and pagers or place in a silent mode. Questions can be answered in presentations or during break. 2 Constitutional Rights

More information

WHEREAS, Parties mutually agree that sharing resources, where feasible, may result in improved coordination;

WHEREAS, Parties mutually agree that sharing resources, where feasible, may result in improved coordination; INTER-AGENCY AGREEMENT BETWEEN CITY OF LARAMIE, WYOMING, COUNTY ATTORNEY S OFFICE OF ALBANY, WYOMING, WYOMING DEPARTMENT OF FAMILY SERVICES AND THE ALBANY COUNTY SCHOOL DISTRICT #1 FOR EXCHANGE OF JUVENILE

More information

PSYCHOTHERAPY CONTRACT

PSYCHOTHERAPY CONTRACT Aaron J. Dodini, Ph.D. Licensed Clinical Psychologist Licensed Marriage & Family Therapist PSYCHOTHERAPY CONTRACT Welcome to my practice. This document contains important information about my professional

More information

What Everyone Needs to Know About Elder Abuse 1 Rebecca C. Morgan Stetson University College of Law

What Everyone Needs to Know About Elder Abuse 1 Rebecca C. Morgan Stetson University College of Law What Everyone Needs to Know About Elder Abuse 1 Rebecca C. Morgan Stetson University College of Law I. WHAT IS ELDER ABUSE? A. Although abuse, neglect and exploitation are separate problems with separate

More information

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant Prepared by the Mental Health Legal Advisors Committee October 2012 What is a restraining order? A restraining

More information

Where can I get help after a sexual assault?

Where can I get help after a sexual assault? Sexual Assault What is assault? Assault is when someone uses force to hurt you. Slapping, kicking and pushing can be assault. Sometimes touching can be an assault. Threatening or trying to hurt someone

More information

Legal FAQs Regarding Child Abuse

Legal FAQs Regarding Child Abuse Legal FAQs Regarding Child Abuse In Pennsylvania, The Child Protective Services Act codifies effective ways that services can be provided for children (including infants) who may be suffering from child

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

RAPE & SEX OFFENSE INVESTIGATIONS

RAPE & SEX OFFENSE INVESTIGATIONS RAPE & SEX OFFENSE INVESTIGATIONS INDEX CODE: 1806 EFFECTIVE DATE: 04-22-15 Contents: I. Policy II. Purpose III. Definitions IV. Initial Investigation V. Notification of CID Major Crimes Section VI. Duties

More information

INFORMATION ABOUT ORDERS FOR PROTECTION AGAINST STALKING AND HARASSMENT AND ORDERS FOR PROTECTION OF CHILDREN ISSUED IN JUSTICE COURT

INFORMATION ABOUT ORDERS FOR PROTECTION AGAINST STALKING AND HARASSMENT AND ORDERS FOR PROTECTION OF CHILDREN ISSUED IN JUSTICE COURT INFORMATION ABOUT ORDERS FOR PROTECTION AGAINST STALKING AND HARASSMENT AND ORDERS FOR PROTECTION OF CHILDREN ISSUED IN JUSTICE COURT (1) What are the definitions of stalking, harassment, and harm to minors?

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL 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 information

TAKE-1 YOU AND YOUR LAWYER

TAKE-1 YOU AND YOUR LAWYER TAKE-1 YOU AND YOUR LAWYER XVIII AIRBORNE CORPS LEGAL ASSISTANCE OFFICE YOU AND YOUR LAWYER 1. Q. HOW DO I CHOOSE A PRIVATE ATTORNEY? A. There are many ways to select a private attorney if you do not have

More information

Juvenile Offenders Crime Victims Rights Law Enforcement Responsibilities

Juvenile Offenders Crime Victims Rights Law Enforcement Responsibilities Juvenile Offenders Crime Victims Rights Law Enforcement Responsibilities Crime Victims Rights when involving a Juvenile Offender are the same as if the offender were an adult in cases of -- felony grade

More information

CHAPTER 9: NURSING HOME RESPONSIBILITIES REGARDING COMPLAINTS OF ABUSE, NEGLECT, MISTREATMENT AND MISAPPROPRIATION

CHAPTER 9: NURSING HOME RESPONSIBILITIES REGARDING COMPLAINTS OF ABUSE, NEGLECT, MISTREATMENT AND MISAPPROPRIATION CHAPTER 9: NURSING HOME RESPONSIBILITIES REGARDING COMPLAINTS OF ABUSE, NEGLECT, MISTREATMENT AND MISAPPROPRIATION 9.1. PURPOSE Effective protection of residents in long term care facilities from abuse,

More information

LEGAL PROCEEDINGS. Criminal Court. Juvenile Court. Family Court

LEGAL PROCEEDINGS. Criminal Court. Juvenile Court. Family Court LEGAL PROCEEDINGS Criminal Court Criminal court assumes jurisdiction over criminal violations. This court adjudicates the guilt of a person charged with a crime. If an accused is found guilty, this court

More information

County Court Restraining Orders

County Court Restraining Orders Answers to Your Questions About County Court Restraining Orders Excellence in Customer Service Colorado Judicial Branch http://www.courts.state.co.us June 2002 CIVIL LAW In a civil case, the person seeking

More information

MARYLAND VICTIMS RIGHTS LAWS¹

MARYLAND VICTIMS RIGHTS LAWS¹ MARYLAND VICTIMS RIGHTS LAWS¹ Constitution Crime Victims Rights Article 47. Crime Victims' Right (a) A victim of crime shall be treated by agents of the State with dignity, respect, and sensitivity during

More information

OREGON LAWS 2014 Chap. 104 CHAPTER 104

OREGON LAWS 2014 Chap. 104 CHAPTER 104 OREGON LAWS 2014 Chap. 104 CHAPTER 104 AN ACT HB 4151 Relating to vulnerable persons; creating new provisions; amending ORS 124.050, 441.373, 441.677, 441.715 and 443.455 and section 23, chapter 70, Oregon

More information

Victims Witnesses. Handbook. www.sheriff.org

Victims Witnesses. Handbook. www.sheriff.org Victims Witnesses Handbook www.sheriff.org VICTIMS & WITNESSES HANDBOOK Referral Telephone Numbers The Broward Sheriff s Office (BSO) will be as helpful as possible to you during the progress of your case.

More information

Frequently Asked Questions: Reporting Child Abuse and Neglect in the University System of Maryland

Frequently Asked Questions: Reporting Child Abuse and Neglect in the University System of Maryland Frequently Asked Questions: Reporting Child Abuse and Neglect in the University System of Maryland I. What Constitutes Child Abuse and Neglect A. What is Child Abuse? Abuse is defined in Maryland law as

More information