MA Jurisprudence Questions and Answers 2023

MA Jurisprudence Questions and Answers 2023 What is the definition of abuse? all acts or omissions resulting in serious physical or emotional injury elderly: + financial exploitation disabled + nonconsensual sexual activity child: +sexual abuse, malnutrition or born addicted to drug define each protected population elderly: 60+ disabled: 18-59 and mentally/physically disabled and is reliant on others to meet daily living needs child: <18 what is the definition of elderly neglect? Elderly financial exploitation? neglect: failure/inability/resistance to provide for the necessities for physical and emotional well-being needed to remain safely in community exploitation: act or omission causing significant financial or property loss; consent cannot be result of misrepresentation or coercion Which populations have a religious exemption to the abuse requirements? Elderly and disabled, NOT child mandated reporters elderly: medical (physician, PA, intern, dentist, nurse, PT, OT osteopath, podiatrist); MH (counselor, SW, psychologist, outreach worker); first responders/law (PO, police, firefighter, EMT); people who work with elderly (director of counsil on aging, executive director of home agency, manager of assisted living), corner child: medical (physician, medical intern, hospital staff, medical examiner, EMT, dentist, nurse, chiropractor, podiatrist, optometrist, osteopath), anyone paid to work with kids (school staff, day care), MH workers (guidance or family counselor, sw, psychiatrist, drug counselors) law/agencies (po, clerk of district office, firefighter or police, office of child care services) , foster parent, religious staff what is the penalty for failing to report abuse? elderly & disabled up to $1000 child: $1000, $2000 if second offense; $5000 and/or 2.5 years in jail if serious injury/death Are you liable to criminal/civil action for submitting report No, as long as it was in good faith and you weren't the perpetrator What population can assert privilege to override mandate to report abuse? Disabled only What are the authorized activities of the DEA? a) Investigate abuse, b) provide protective services with the consent of the elderly person/their guardian/on an emergency basis, c) petition for appointment of guardian or serve as a temporary guardian, d) other functions determined to be needed What are the circumstances of a temporary guardian being appointed? How long does it last? immediate substantial harm 90 days (end if not needed) no authority to commit What two things are needed to appoint a guardian appointed for an incapacitated person? medical certificate (eval, prognosis within 30 days) clinic team report (dr, psychologist, SW to determine incapable of making decisions within 180 days) what does an assessment of elderly abuse look like? visit to home, consultation with people with knowledge of the situation Does an elderly person get notified if a abuse report is made? Gets written notice if assessment is being conducted; has right to review file and report What happens if DEA determines elderly abuse? situation is evaluated and service plan is developed using least restrictive alternatives How long is an emergency order of services? elderly: 14 days +14 disabled: 72 hrs + 72 child: emergency transfer custody to DSS = 72 hrs (no extension) What are the circumstances to notify DA of abuse? all: serious abuse; death disabled: +sexual abuse child: + sexual assault or exploitation Who else gets notified of death besides DA? elderly: medical examiner in county where death occured disabled: commission and medical examiner child: DSS what sort of services can be provided as elderly protective services? case work/home services (aid, transportation, legal, financial); health (medical services, mental health services, nutrition); guardianship ; emergency (medical, shelter, financial) Can the elderly person/others object to protective services? The elderly person must consent, unless lacks capacity. If they consent, nobody else can interfere with services What is the process for elderly person who lacks capacity to consent? DEA can petition court, hearing held within 14 days, (elderly person needs at least 5 days notice, has right to be present, be represented by council [ can be appointed by court if needed], present evidence, cross examine witnesses) If person is abused, in need of services, doesn't have capacity to consent, and no one else is authorized, court can appoint guardian/conservator least restrictive services How long does an order for protective services for the elderly last? [hint: not emergency] 6 months, can be extended for another 6 Can a court order a change in residence or commit to a mental health facility? Change in residence only if no less restrictive alternative available; not to mental health facility ever What info should be included in a report of abuse? Elderly: Name, address, age, info re: abuse, name of caretaker, any tx info, info on reporter (optional) Child: name/address/age/ssex: info re: abuse & prior abuse; how aware ,actions taken, info on abuser, info on reporter What information is gathered in a geriatric evaluation? Name/address; who provides current services; eval of physical/mental/social conditions; recommendations Who pays for evaluation and protective services for an elder? Evaluation - department (elderly person can pay for independent valuation to use as evidence) Services - if person has resources to pay for service, they have to reimburse the department, but don't have to pay ahead of time and must be notified they will need to pay Are DEA records public? No What happens to records of abuse reports? elderly: if not abused, destroy within 3 years (or remove records, can keep statistical records, but must notify individual and make data available to him upon request); DEA provides yearly report regarding its activities child: if substantiated, deidentify when child reaches 18 or 1 year after abuse (whichever second); if unsubstantiated can retain info unless not even investigated Which agency has the power to create a special unit of 5 state police officers to do initial investigations? Disabled Persons Protection Commission What is the timeline for reported abuse to be investigated? elderly: if emergency 24 disabled: 10 days unless emergency (24) How are members of the DPPC appointed, what are the terms, how are they removed & what follows 3 members appointed by governor, 1 of which is chairman 5 year terms, only can serve 1 removed for misconduct/neglect/inability to discharge duties/felony vacancies filled within 90 days Which agencies handle reports of abuse when notified by the DPPC? if caretaker is state agency --> secr. of health & human services ID/mental disability--> counsel of dep. of MH physically disabled-->MA rehab commission possible criminal conduct -->special investigative unit reporting to DA Does the DPPC provide notice to the alleged perpetrator? yes, within 10 days unless risk Can an investigation be delayed by the DPPC? yes, if being investigated by the state agency as long as safe and investigation is competent What is the form for reporting child abuse? 51-A What is CHINS? Child in Need of Services - child below 17 who consistently runs away, or is disobedient resulting in parents inability to care; child 6-16 who does not attend school/violates school regulations What are the CHINS procedures? 1.Parents/police/school/ agency file petition 2. Kid notified of hearing 3. PO conducts preliminary inquiry 4. Court either issues petition or declines (Issued - schedule trial: Declines if no need for formal services) Note: always issued if arrested/ignore summons Who hears CHINS petitions? jury of 6 unless kid files a waver Where might a CHIN hearing place a child? When does this include juvenile detention? How long does this placement last? 1) stay with parents (may have conditions/limitatations/services) 2) place child with relative, another adult, agency, organization 3) commit child to DCF can't commit to juvenile detention facility Reviewed every 6 months; Terminated at 18 if filed by parent/PO, 16 if filed by school What are the powers of custody? Determine residence, medical care, education, control visits to the child, consent to enlistments, marriage, and other contracts requiring parental consent What is used as evidence in custody cases? report of investigation of facts by expert/dss/approved agency, testimony of foster/pre-adoptive parents who have cared >6 months How often does DSS visit foster homes? 1x/year; can remove child What are some reasons DSS might take custody of a child? abuse/neglect*; incarcerated; surrendered for adoption *improper physical or educational care, discipline, damage to character development, unwilling or unable to provide attention/care/discipline; Does accepting child into foster care terminate parental rights? No but some are delegated to DSS Can grandparents and siblings visit a child in foster care? If adopted Grandparents - in foster care as long as its in child's best interest, if denied can appears; after adoption terminate unless adopted by stepparent Siblings - yes if in family or in foster care too What are the timelines for temporary shelter? [hint: not temporary guardian] temporary shelter - 72 hours without parental consent, then either secure consent, refer to DSS, or stop What is a child profile form? Provided to foster parents within 10 days of transfer details placements & reasons for change, history of behavior, educational status, other info Is DSS ever responsible for individuals over 18? up to 21 for specific education or rehab; to support so become fully "participating citizen"; if declared mentally incompetent before 18 until competent What can the court order in regards to custody cases? [hint: not just placement] -child w/parents with conditions (like supervision) -physical/medical care -temporary legal care to an individual/licensed agency/DSS -wave consent for adoption for children under 12 -visitation for grandparnents and siblings -child support payment Who can petition court to review custody decisions and how often? anyone besides parent who has lost right to consent to adoption; every 6 months What happens to a child while a custody decision is being appealed? placed with DSS or suitable person Who is responsible for legal fees for minors? Parents who have custody of child but only up to $300, unless MA defenders committee/charity group What is the timeline and options for determining the future status of committed children? What are the requirements? 18 months return to parents; continue substitute care for another period or long-term; place in permanent placement; adoption; appoint guardian must have made reasonable efforts to prevent the child from being removed/make it possible to return home What is the process for placing juvenile arsonists or sex offenders? Within 5 days, consider if delinquent for sexual/arson offense; immediately refer to evaluation to be completed within 10 days, during interim place kid in interim setting with appropriate security in light of risks; if determined a risk plan will be implement to keep child and other children in neighborhood risks, including notification to all adults caring for child Can children be transported in patrol wagons? no What are the limits of parental visitation? child's best interest if parent convicted of 1st degree murder of other parent, no visitation unless kid is old enough to consent & does What are rules governing inter-state adoptions? must have permit from DSS, application must be accurate; child must be removed from the state if becomes a public charge/released from prison Under what circumstances is a child judged to be in need of care and protection? How is this different than regular adoption? child abandoned, parents convicted of murder, in foster care 15 out of past 22 months No need to consent to adoption; parental rights terminated What circumstances might result in the termination of parental rights? abuse/neglect of this or other kids, mental illness/substance abuse; felony /incarceration, CHINS, in foster care 15/22 months, What are the penalties for abandonment? up to 2 years if under 10, up to 5 if infant dies What is health service? What are the requirements to be a HS provider? Health service = direct preventative/asssmt/therapy intervention to individuals whos growth/adjustment/functioning is impaired or at risk 2+ years ft supervised* HS experience, 1 before doctorate, 1 in HS training program *supervised = at least 1 hour for every 16, at least half provided by licensed psychologist on staff; 25% direct contact Do religious practitioners report abuse? Yes but don't need to share info from confessional What is the difference between a delinquent child and a youthful offender delinquent 7-17 violates law; youthful offender: 14-17 sentenced for committing an offense punishable by imprisonment for adults AND has previously been committed to DYS or committed offense serious threat or infliction of bodily harm or charged with firearm offense