Abuse, Neglect, Dependency
In a DN case, do you have to prove unsuitability of the parent before custody is granted? Why or why not?
NO! The adjudication of the children created the finding of unsuitability.
When does the first sunset hearing occur in a DN case?
One year.
What is the legal mechanism for a law enforcement officer to take a juvenile into custody based upon emergency circumstances?
Juvenile Rule 6 (JR 6)
A shelter care hearing shall not be held more than this many hours after the removal of a child from the home.
72 hours.
In re Baby Boy Blackshear established what important precedent?
This case held that if a baby's tox screen yields a positive result for an illegal substance due to mother's prenatal use, the child is per se abused.
How many extensions of custody may be granted in a DN case?
Maximum of two.
List all of the dispositional options available at the first sunset hearing.
Reunification; Protective Supervision; Legal Custody to Another Party; Permanent Custody; Extension of TC (or PSUP); PPLA.
What are the best interest factors set forth in 2151.414?
1) Interaction/Interrelationships; 2) Wishes of the child 3) Custodial History 4) Need for Permanency 5) Any (E)(7)-(E)(11) factor
Rules of evidence are relaxed at which hearings throughout the DN process?
This case held that an arrangement of appropriate care for/of a child made by a parent cannot support a finding that a parent is at fault for not providing proper parental care.
In re Riddle
What must be established in order for a juvenile court to find a child dependent due to domestic violence?
LONG STANDING EXPOSURE TO INSTANCES OF DV! A child residing in a household where the parents’ relationship is marred by DV is one whose condition or environment is such as to warrant the state, in the interests of the child, to assume guardianship. In re Alexander C., 164 Ohio App.3d, 2005-Ohio-6134 (6th Dist.)
What does the acronym PPLA stand for?
Planned Permanent Living Arrangement
The award of custody would be in the best interest of the child.
If you're appointed as a dual role Attorney/GAL, what would you do in the event your client's wishes do not align with your best interest recommendations?
File a motion to sever the role/ask for appointment of a new GAL. (Baby Girl Baxter says an attorney's primary duty is "to zealously represent your client…champion his client’s cause.”)
In the absence of evidence showing a on the child(ren), a parent's substance use does not warrant the state's removal of the child(ren) from the parent(s).
Detrimental Impact
What is the test for deciding whether corporal punishment is appropriate versus abuse?
The administration of corporal punishment or other disciplinary measure which is executed in a cruel manner or for a prolonged period, or which is excessive under the circumstances and creates a substantial risk of serious physical harm to the child.
What must be established in order for a first six-month extension of temporary custody to be granted?
-Extension is in the child’s best interests
-Significant progress on the case plan
-Reasonable cause to believe reunification (or permanency) will occur within the extension period
(*For a second extension-has there been SUBSTANTIAL additional progress since the original extension?)
Name the four ways in which unsuitability of a parent may be established.
Abandonment; Contractual Relinquishment; Total Inability to Care for the Child; Continuing Award of Custody Would be Detrimental.
What needs to be established in order to modify a legal custody order in a DN proceeding?
A change in circumstances for the child or person who received custody has occurred AND the change would be in the child's best interests. 2151.42(B)
In parent versus non-parent custody cases, In re Perales established THIS precedent that is still relied upon by courts today in third-party custody matters.
A court may not make an original award of custody to a non-parent without first determining that a preponderance of the evidence shows that the parent is unsuitable.
What is prospective dependency and how does a court make a finding that a child may be prospectively dependent?
2151.04(D)- which allows a court to intervene BEFORE any harm is suffered by a child. The court looks at the parent/custodian's PRIOR ACTS + the CONTEMPORANEOUS conditions which currently exist.
What must be established in order for a juvenile court to award CSB permanent custody of a child?
TWO PRONGS: 1) Cannot/should not; Abandoned; Orphaned; 12 of 22; Three ADJ
PLUS+
2) Best interests
This dispositional option may not be granted/awarded by the court unless the request is made by CSB.
PPLA
90 days (plus one 45-day extension).
If untimely=dismissal is required.
What rights are maintained by a parent when LC is granted to another party?
These are called residual parental rights and include: right to visitation; right to determine religious affiliation; responsible for child support; and right to consent to adoption.