Chapter 12 – The Legal System and Child Maltreatment

1. Which type of court system is generally more child friendly?

a. adversarial b. accusatorial c. inquisitorial d. all are equally child friendly

Answer: C a. young children have an amazingly accurate grasp of legal terms b. children’s understanding of all legal terms improves between kindergarten and 6th grade c. developmental improvements were seen only for terms of moderate difficulty d. there were no developmental improvements in the understanding of legal terms between kindergarten and 6th grade

2. According to Saywitz et al. (1990), which of the following is true?

Answer: C

3. Juvenile courts were first established in a. 1875 b. 1899 c. 1920 d. 1976

Answer: B

4. If a 14 year old is caught stealing, they are guilty of a. juvenile delinquency b. a status offense c. contributing to the delinquency of a minor d. a dependency violation

Answer: A

5. If a 16 year is caught attempting to buy alcohol, they are guilty of a. juvenile delinquency b. a criminal act c. a status offense d. contributing to the delinquency of a minor

Answer: C a. juvenile delinquency b. criminal c. civil d. dependency Answer: D a. Beyond a reasonable doubt b. Clear and convincing c. Preponderance of evidence

6. The purpose of cases is to determine whether a child’s needs are met by their current guardians.

7. American law employs three standards of proof. Which one is used in dependency hearings in juvenile court?

Answer: B a. 72 hour b. jurisdictional c. dispositional d. review

8. In juvenile court, the hearing is when the court decides if there is enough evidence to detain a child pending a full, 30 day, investigation.

Answer: A a. the court decides if there is enough evidence to hear the case b. the court decides what is to be done with the child c. previous court decisions are reviewed d. permanent plans are made

9. What happens at the dispositional hearing?

Answer: B a. status offense b. juvenile delinquency c. class action d. dependency Answer: C a. abused children b. neglected children c. children who have committed crimes d. child custody following a divorce

10. Which of the following type of case would not be heard in juvenile court?

11. Which of the following types of cases is Juvenile Court NOT responsible for hearing?

Answer: D a. 0% b. 21% c. 54% d. 76%

12. When researchers interviewed maltreated children who had attended their own hearings, they found that did not know the outcomes of the hearing they attended.

Answer: C a. 0% b. 15% c. 37% d. 49%

13. When researchers interviewed maltreated children who had attended their own hearings, they found that did not feel they had been listened to or believed.

Answer: C a. Mothers had more positive drug treatment outcomes b. Mothers spent twice as long in drug treatment c. Mothers were significantly more likely to be reunited with their children d. The children achieved permanent placements more quickly

14. Which is not true of families who went through the Family Drug Treatment Courts as compared to those who used the traditional child welfare system?

Answer: D

15. In Domestic Relations Court parents are thought to be: a. in need of legal assistance, so a lawyer is always appointed b. incompetent as witnesses c. fit and proper adults d. unable to make decisions about their children

Answer: C

16. If I fail to follow an order of the Domestic Relations Court, I am a. likely to be sued b. likely to be fined c. likely to be in civil contempt d. likely to be found guilty and sent to criminal court

Answer: C a. Beyond a reasonable doubt b. Clear and convincing c. Preponderance of evidence

17. What standard of proof is used in criminal court?

Answer: A

18. In criminal court, the defendant first enters a formal plea at the: a. grand jury b. arraignment c. trial d. time of arrest

Answer: B a. juvenile b. domestic relations c. criminal d. civil Answer: C a. Juvenile b. Domestic Relations c. Criminal d. Civil Answer: C a. 5 b. 26 c. 50 d. 78 Answer: B a. Class action laws b. Status offense laws c. Tort laws

19. The defendant has the most rights in the court.

20. If you hear a case that is referred to as “The State of SC versus Smith,” you would know this case was being heard in which court?

21. According to Cross et al. (2003), out of 100 child abuse claims, alleged perpetrators would likely be incarcerated.

22. Which type of laws say that some conduct/service/or think causes harm and does not hold up to society’s standard?

Answer: C

23. The laws referred to in #22 are applicable in which court: a. Juvenile b. Domestic Relations c. Criminal d. Civil Answer: D

24. The standard of proof in civil court is a. Beyond a reasonable doubt b. Clear and convincing c. Preponderance of evidence

Answer: C a. Criminal b. Delinquency c. Class action d. Dependency

25. cases are those filed by a few people on behalf of a group.

Answer: C a. Parents b. Insurance companies c. Medical Professionals d. CPS

26. Which of the following defendants have not been successfully sued for child abuse in civil court?

Answer: B

True/False

1. The U.S. court system is an adversarial system. Answer: True

2. All Guardian ad Litems must be attorneys. Answer: False

3. Parents who are found guilty of child maltreatment in Juvenile Courts cannot be sent to jail. Answer: True

4. Most maltreated children do not attend their own hearings. Answer: True

5. Domestic relations court judges have strong enforcement power. Answer: False

6. It is easier to get a guilty verdict in civil court than in criminal court. Answer: True

Matching

Who initiates the court proceedings?

1. in domestic relations court?

2. in criminal court?

3. in juvenile court for dependency cases?

Answer: 1. B; 2. A, 3. C

Short Answer Questions

A. law enforcement and prosecuting attorney

B. the involved parents

C. child protective services

1. How does the Child Victim Witness Program (CVWP) differ from the Court Prep Group (CPG)?

Answer: Both programs educate children about court, but they have different approaches. The CPG program works with groups of children, while the CVWP works with each child or family individually. The CPG uses a great deal of art work and role-playing, while the CVWP establishes a support person to assist the child and allows the child to observe a actual court session.

2. What is the purpose of a GAL/CASA?

Answer: The purpose of a GAL or CASA is to look out for a child’s rights in court. They provide support to the child and give the child a voice in the legal arena.

3. What are the goals of PREVENT?

Answer: PREVENT advocates thorough, research-based evaluations to assess social, emotional, cognitive, and language development. Next, the goal is to use this information to make sure the family receives the resources needed to prevent further negative consequences.

4. What is the primary purpose of the domestic relations court?

Answer: The main function of the domestic relations court is the resolution of legal issues surrounding marriage and the rearing of children (e.g., divorce, child custody, and child support).

5. Compare the standard of proof in a civil court to the standard of proof in a criminal court.

Answer: The standard of proof in civil court is “the preponderance of evidence.” This is a lower standard of proof than what is used in criminal court, “beyond a reasonable doubt.”

6. List 5 accommodations have been made to assist children who testify in criminal court?

Answer: Any 5 of the following accommodations have been allowed to assist children:

Allowing children to testify via close-circuit television

Relaxing hearsay rules so adults can prevent more testimony on behalf of children

Frequent breaks during testimony

Shortening the time to trial

Using a child sized table for testimony

Having attorneys remain seated while questioning children

Shifting the witness chair away from the defendant

Not allowing people to enter or leave the court room while a child testified

Restrict access to court room while a child testifies

Assign a GAL/CASA

7. What is the excited utterance exception to the hearsay rules?

Answer: An exception regarding a statement that is made while under stress about an event, which is admissible in court by a person who heard the original statement

8. Which court do you think is most appropriate for handling child maltreatment cases? Why?

Answer: Any court can be correct as long as the student’s reasons demonstrate an understanding of how the court system works.

Video Suggestions

1. This video is 13:41 minutes. It covers the juvenile dependency court for parents. It was produced by the California Courts. This video was uploaded on May 26, 2015.

https://www.courts.ca.gov/1205.htm?rdeLocaleAttr=en https://www.kidsinthehouse.com/all-parents/child-abuse/support/how-navigatelegal-system-after-child-abuse

2. This 3:04 minute video reviews dependency court and criminal court following child maltreatment. It is titled, How to Navigate the Legal System after Child Abuse. Narrator is Dr. Karen Kay Imagawa. This video was uploaded on July 3, 2013.

3. This video is free on You Tube. It is called Kids in Court and it runs 5:52. The video shows a man teaching children about court – who sits where, what they do, and what a child witness would be asked to do. Then, there is a question and answer session. The children ask great questions like, “What if I forget to raise my hand during the oath? What if I can’t remember the answer? and What if I have to go to the bathroom?” It lets adults know how much basic information children need about court. http://www.youtube.com/watch?v=EswF5p41Sfs https://www.youtube.com/watch?v=CzB9bTbTC38

4. This video is free online. It is entitled Through a Child’s Eyes: Innocence in the Court Room. It is 5:18 minute video that shows the courtroom experience from the point of view of a young child (7-year-old Nicole). You see the child follow the bailiff into court, swear in, give testimony, face the defendant, and walk out. It gives an idea of how frightening a full court might appear to a child.

Discussion Topics

1. Watkins (1984) presents a brief case study of legally mandated therapy for an abusive family. He addresses the issue of resistance seen in response to court ordered treatment. Watkins suggests focusing on family strengths instead of the abuse. Have students discuss the risks of this approach as well as the potential benefits.

Watkins, C. E. (1984). Court ordered treatment in a case of child abuse. Individual

Psychology: Journal of Adlerian Theory, Research & Practice, 40(2), 209–212.

2. Many states have implemented specialized court systems to handle cases of child maltreatment. Have students research whether there are any such programs in your state and, if so, report on those programs to the class.

3. Select a local case that is receiving publicity and has gone to criminal trial. Follow the case in the media. If there are no local cases, it is easy to research past or current national cases as well.

4. Present cases to the class and ask how each case would be addressed by the different court systems. Try to get the class to come to an agreement on which court system would result in the best outcome for the child. Would a different system be better for a non-offending parent? Which system would be best for the alleged perpetrator?

5. Have the class research a recent class action suit brought on behalf of abused children. What did the courts decide? Was the decision just/fair?