Transcript Reporting Child Abuse, Neglect, and Dependency

JUVENILE COURT:
CONTEXT AND OVERVIEW
Janet Mason
March 8, 2006
Institute of Government
UNC at Chapel Hill
How Does State Respond to Child Maltreatment?
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Criminal Justice System
Focus on offender
No reporting requirement
Law enforcement
response
Criminal court
Outcome – conviction &
punishment
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Child Welfare System
Focus on child
Mandatory reporting
County social services
response
Civil (juvenile) court
Outcome – adjudication
& protection
When and how may the state intervene in
families for the purpose of child protection?
The Juvenile Code is North Carolina’s
primary answer to that question.
• Harm
• Risk of harm
• Lack of minimally
adequate care
Definitions in Juvenile Code
Set Limits of State Intervention
“Juvenile”
“Abused Juvenile”
“Neglected Juvenile”
“Dependent Juvenile”
“Caretaker”
“Custodian”
Summary Definition
Children who are: harmed or at risk of harm
because of the:
– action,
– inaction, or
– incapability
of a:
– parent,
– person whose role is similar to parent’s, or
– day care provider or staff.
The goal in every case is for the child to
have a safe, permanent home within a
reasonable period of time.
Priorities for doing that:
• keep the child at home and safe
• remove child from his home temporarily and
return home quickly, when it is safe
• facilitate the child’s adoption
• appoint a relative or other suitable person as
child’s guardian
• place child in legal custody of a relative or
other suitable person
Sources of Child Welfare
Law and Policy
• North Carolina Juvenile Code, G.S. Ch. 7B
• State administrative rules
• Policy manuals developed by state Division of
Social Services
• Appellate court decisions
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• Federal funding criteria in federal statutes and
regulations
North Carolina Statutes
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N.C. Juvenile Code, G.S. Ch. 7B
G.S. Ch. 48 – Adoptions
G.S. Ch. 50A – Custody Jurisdiction
G.S. Ch. 108A – Social Services
On the Internet: http://www.ncleg.net
Other Authority:
• Rules: N.C. Admin. Code, Title 10A, Ch. 70
– On the Internet: http://ncrules.state.nc.us
• State DSS Policy Manuals
– On the Internet:
http://149.168.11.112/olm/manuals/dss/
Courts
• District Court [includes juvenile]
• [Superior Court not involved in juvenile]
• Court of Appeals
• Supreme Court
Published Court Opinions
• Court of Appeals
In re L.K., 105 N.C. App. 651, 414 S.E.2d
396 (1992).
• Supreme Court
In re P.C., 337 N.C. 56,
437 S.E.2d 822 (1994).
What does child welfare
intervention look like?
What is the role of social services?
Mandatory Reporting Law
Any person who has cause to suspect
that a child is abused, neglected, or
dependent must make a report to
the county DSS.
The County DSS Screens the Report
By Asking:
“If the information in the report is true, is
the child an abused, neglected, or
dependent juvenile, within the Juvenile
Code definitions?”
If the report is screened out, the person
who made the report must be notified in
writing and may ask for an agency
review of the decision.
If the report is accepted, DSS must
make a prompt, thorough assessment
• Abuse or serious neglect →
investigative assessment
• Other neglect or dependency →
family assessment
The person who made the report
1. must be notified in writing of the result
of the assessment and
2. can seek review by the district attorney
if DSS does not file a juvenile petition.
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Confidential Central Registry collects
reporting data
• State DHHS also must maintain
“Responsible Individuals List”
– Very limited access to information on list
– Person may seek expungement of name
from list
– May involve district court hearing on
issue of expungement
See Data for Your County at:
http://www.dhhs.state.nc.us/dss/stats/cr.htm
• Only about 1/3 of assessments
lead to substantiation or finding of
“in need of services”
• Of those, only small number go to court
• In most cases, DSS works with family to
address problems and ensure child’s safety
When a Case Goes to Juvenile Court
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Decision to file a petition is made by DSS
(or prosecutor if DSS decision overruled).
Petition alleging facts about abuse, neglect, or
dependency is filed with clerk or magistrate.
Petition starts a civil proceeding in juvenile
(district) court.
Petition must be verified.
Petition must be filed before a custody order
can be issued.
When a Case Goes to Juvenile Court:
1. Petition and summons are served on parent,
guardian, custodian, or caretaker.
2. Indigent parent has right to court-appointed
counsel.
3. Guardian ad litem and attorney advocate are
appointed to represent child.
4. DSS may seek
nonsecure custody order.
Hearings (and Orders) in Juvenile Court
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Nonsecure Custody Hearings
Adjudicatory Hearing
Dispositional Hearing
Review Hearings
Permanency Planning Review Hearings
Judge has authority to:
• order steps to identify and locate absent
parent or establish paternity
• order parents to receive treatment; take
specific steps to correct problems; pay child
support
• change custody of the child
• appoint guardian for child
Termination of Parental Rights
• Ends parent’s legal rights and makes child
eligible for adoption
• May begin by motion or petition
• Requires notice or summons
• Must allege facts to support a statutory
ground
• Must have proper service
Petition or Motion
• Both must contain information set out in
G.S. 7B-1104
• Both (probably) should have information or
affidavit required by G.S. 50A-209
• They must be served on (almost) the same
people
• Same time to respond
PETITION
• Requires summons
• New file and file
number (?)
• New appointment of
counsel and GAL
• Respondent files
Answer
MOTION
• Requires notice
• Part of existing
juvenile case
• Counsel and GAL
continue unless court
orders otherwise
• Respondent files
Response
A word about court orders:
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Place the action in time and context
Identify issue before the court
Identify key participants
Jurisdiction:
– Subject Matter
– Personal
• Findings of fact
• Conclusions of law
• Order
A word about appeals:
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What is “entry” of an order?
Which orders can be appealed?
When?
What are the steps in an appeal?
Where are the rules?