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