DOCSLIB.ORG

Benchbook for Abuse and Neglect Cases and Related Matters

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Benchbook for Abuse and Neglect Cases and Related Matters NEVADA BENCHBOOK FOR ABUSE AND NEGLECT CASES AND RELATED MATTERS Table of Contents Table of Contents Section 1 - Purpose and Use of Benchbook .......................................................................1 Section 2 - Preliminary Protective Hearing (72-hour Hearing) .............................2 Introduction.....................................................................................................................................2 At-a-Glance Table .........................................................................................................................3 - Purpose of Hearing - Time Frame - Notice - Advisements and Findings to be Made at Hearing - Rules of Evidence - Set Next Hearing Checklist: See "Advisements and Findings To Be Made At Hearing" .......................................3 Case Law: In re Temporary Custody of Five Minors...................................................3a Sample Dialogue ........................................................................................................................3b Hearings and Judicial Determinations – Required Court Orders document ........ 3c Sample Findings and Order of Reasonable Efforts to Prevent Removal...............3d Sample Findings and Order of Active Efforts to Prevent Removal..........................3e Section 3 – Procedure Following 72-Hour Hearing or Investigation .................4 - Introduction - Filing of Petition - Appointment of Guardian Ad Litem Section 4 – Adjudicatory Hearing............................................................................................5 Introduction.....................................................................................................................................5 At-a-Glance Table .........................................................................................................................6 Evidence Code Provisions under NRS 432B.530...............................................................7 Checklist ...........................................................................................................................................8 Sample Order after Adjudicatory Hearing ........................................................................8a Section 5 – Dispositional Hearing ...........................................................................................9 Introduction.....................................................................................................................................9 At-a-Glance Table ......................................................................................................................10 Checklist ........................................................................................................................................11 Sample Order after Disposition Hearing ........................................................................ 11a Sample Protective Order by Juvenile Hearing Master (Trial Home Visit).......... 11b Sample Protective Order by Juvenile Hearing Master (For Relatives)................ 11c Section 6 – Semiannual and Review Hearings..............................................................12 Introduction..................................................................................................................................12 Checklist ........................................................................................................................................13 Sample Order After [3-6-9 Month Review] [with Concurrent Planning]Hrg .... 13a Section 7 – Annual Hearing on Disposition.....................................................................14 Introduction..................................................................................................................................14 At-a-Glance Table ......................................................................................................................15 Checklist ........................................................................................................................................16 Sample Order after [12-Month] Permanency Hearing (Reunification)............... 16a Section 8 – Permanent Placement with Guardian ......................................................17 Introduction..................................................................................................................................17 At-a-Glance Table ......................................................................................................................18 Checklist ........................................................................................................................................19 Section 9 – Termination of Parental Rights....................................................................20 Introduction..................................................................................................................................20 At-a-Glance Table ......................................................................................................................21 Checklist ........................................................................................................................................22 Principles of Nevada Case Law .............................................................................................23 Appendix of Statutes ................................................................................................................25 Sample Order after [12-Month] Permanency Hearing (TPR-Adoption) ............. 28a Section 10 – Adoption..................................................................................................................29 Introduction..................................................................................................................................29 At-a-Glance Table ......................................................................................................................30 Checklist ........................................................................................................................................31 Section 11 – Paternity .................................................................................................................32 Introduction..................................................................................................................................32 At-a-Glance Table ......................................................................................................................33 Section 12 – Indian Child Welfare Act...............................................................................34 At-a-Glance Table ......................................................................................................................34 Section 13 – Reasonable Efforts/Active Efforts...........................................................35 At-a-Glance Table ......................................................................................................................35 Section 14 – Older Youth Exiting the Foster Care System.....................................36 At-a-Glance Table ......................................................................................................................36 Section 15 – Time Requirements under 432B and ASFA ........................................37 Section 1. Purpose and Use of Benchbook This Benchbook is not exhaustive in nature, but is designed to give a quick reference to Abuse and Neglect cases under: ● NRS Chapter 432B, ● Termination of Parental Rights under NRS Chapter 128, ● Adoptions under NRS Chapter 127, ● Paternity under NRS Chapter 126, and ● Guardianship to a limited extent as it relates to 432B actions. Special notice should be taken as it relates to Indian children under the Indian Child Welfare Act ("ICWA"), as under federal law there are different burdens of proof for removal of such children and termination of parental rights. Also, there are cultural requirements in certain placements. Timetable requirements under both Nevada state and U.S. federal law are a part of this Benchbook. Accompanying the Introduction in each section herein is a chart of At-a- Glance items to be considered at each hearing and a checklist of things to be done at each hearing. 1 Section 2 - Preliminary Protective Hearing (72-hour Hearing) Introduction Introduction Time is of great importance in dealing with children. A hearing is required within 72 hours after removal of the child excluding Saturdays, Sundays, and holidays under NRS 432B.470 and NRS 432B.480. The burden of proof is upon the Division of Child and Family Services to show by a preponderance of evidence that there is reasonable cause to believe either: 1. that it would be contrary to the welfare of the child to reside at his home, or 2. that it is in the best interest of the child to place him outside of his home. See NRS 432B.480 [effective January 1, 2008]; see also In re Temporary Custody of Five Minors, 105 Nev. 441, 777 P.2d 801 (1989) in Appendix (establishes preponderance of evidence for temporary custody). The court must also determine that placement complies with NRS 432B.3905. The finding that "continuation in the home is contrary to the welfare of the child" must be made in the first order, even if temporary, to be eligible for Title IV-E funding. The table on the following page sets forth a checklist of matters to be considered at such 72-hour hearing. 2 At-a-Glance
Load more

Recommended publications
  • Complete Issue
    _____________________________________________________________ Volume 8 October 1993 Number 2 _____________________________________________________________ Editor Editorial Assistants John Miles Foley Dave Henderson Elizabeth P. McNulty Catherine S. Quick Slavica Publishers, Inc. For a complete catalog of books from Slavica, with prices and ordering information, write to: Slavica Publishers, Inc. P.O. Box 14388 Columbus, Ohio 43214 ISSN: 0883-5365 Each contribution copyright (c) 1993 by its author. All rights reserved. The editor and the publisher assume no responsibility for statements of fact or opinion by the authors. Oral Tradition seeks to provide a comparative and interdisciplinary focus for studies in oral literature and related fields by publishing research and scholarship on the creation, transmission, and interpretation of all forms of oral traditional expression. As well as essays treating certifiably oral traditions, OT presents investigations of the relationships between oral and written traditions, as well as brief accounts of important fieldwork, a Symposium section (in which scholars may reply at some length to prior essays), review articles, occasional transcriptions and translations of oral texts, a digest of work in progress, and a regular column for notices of conferences and other matters of interest. In addition, occasional issues will include an ongoing annotated bibliography of relevant research and the annual Albert Lord and Milman Parry Lectures on Oral Tradition. OT welcomes contributions on all oral literatures, on all literatures directly influenced by oral traditions, and on non-literary oral traditions. Submissions must follow the list-of reference format (style sheet available on request) and must be accompanied by a stamped, self-addressed envelope for return or for mailing of proofs; all quotations of primary materials must be made in the original language(s) with following English translations.
    [Show full text]
  • One Path Or Two? Using Grammatical Class
    171 Chapter 7 Although human language is thought to be at least 200 000 years old (Mithen, 2005), precisely when and how it emerged remain largely a mystery. Unlike other human achievements such as the use of tools, there is no archaeological trail to follow; instead, the evolution of language can only be inferred (Olsen, 1998). As a result, contemporary theories of language evolution range from proto-speech (Steklis & Raleigh, 1979) through to proto-sign models (Zlatev, 2008). Although it remains a process of educated guesswork, it has traditionally been informed through studies of modern infant language acquisition (Young, Merin, Rogers & Ozonoff, 2009) or animal communication systems (Bonatti, Peña, Nespor & Mehler, 2005). More recently, the development of neuroimaging technologies such as MEG and fMRI has allowed a vastly improved understanding of how the modern human brain functions, while concurrent advances in computing and analysis techniques have allowed older technologies such as EEG to enjoy a research renaissance (e.g. Klimesch, 2011, 2012; Nyström, Ljunghammar, Rosander & von Hofsten, 2011; Sauseng, Klimesch, Schabus & Doppelmayr, 2005). Despite these advancements, there is still a lack of agreement on both when and how human language evolved. To this end, the purpose of the current thesis was to examine grammatical class processing (nouns versus verbs) in mature language speakers. By comparing the one and two path models of such processing, it was proposed that results could be interpreted within an evolutionary context, providing support (albeit inferential) for either the protosign/protospeech or the mixed model (coevolution) of language. This specific feature or function of language processing was chosen for a number of reasons: (1) It is unlikely that language emerged as a complete system; that is, it is improbable that the first thing ever uttered by an early human was along the lines of “Hey guess what? I can talk!!”.
    [Show full text]
  • Ashesi University College Enabling Sign Language Instruction With
    Ashesi University College Enabling Sign Language Instruction with Technology: the Case of Developing a Computerized Learning Tool for Ghanaian Sign Language (GhSL) Diana Dayaka Osei 2012 ASHESI UNIVERSITY COLLEGE ENABLING SIGN LANGUAGE INSTRUCTION WITH TECHNOLOGY: THE CASE OF DEVELOPING A COMPUTERIZED LEARNING TOOL FOR GHANAIAN SIGN LANGUAGE (GhSL) By DIANA DAYAKA OSEI Thesis submitted to the Department of Computer Science, Ashesi University College In partial fulfillment of Bachelor of Science degree in Computer Science APRIL 2012 DECLARATION I hereby declare that this thesis is the result of my own original work and that no part of it has been presented for another degree in this university or elsewhere. Candidate’s Signature: ……………………………………………………………………… Candidate’s Name: ……………………………………………………………………………… Date: …………………………………………………………………………………………………… I hereby declare that the preparation and presentation of the dissertation were supervised in accordance with the guidelines on supervision of thesis laid down by Ashesi University College. Supervisor’s Signature: …………………………………………………………………… Supervisor’s Name: …………………………………………………………………………… Date: …………………………………………………………………………………………………… i ACKNOWLEDGEMENTS I would first like to thank Educational Pathways International (EPI) for the educational scholarship to study at Ashesi University College. Here, I was able to discover myself, to learn more about the world of technology (with the advantage of a liberal arts core) and to assess how best I can make a contribution to the development of my country using technology. I am grateful to computer science faculty at Ashesi for pushing us (i.e. 2012CS/MIS class) to give our best. I thank Dr. G. Ayorkor Korsah, for giving me the DeSIGN research paper which actually served as my first full text resource and launched me on the path to other research papers’ findings and personal communications that helped me complete this project.
    [Show full text]
  • Language (Including Signjanguage)
    DOCUMENT RESUME ED 385 148 FL 023 146 AUTHOR Jaramillo, James A. TITLE Can Human-Taught Primates Produce aNon-Verbal Language? PUB DATE 26 Jun 95 NOTE 83p. PUB TYPE Information Analyses (070) Reports Evaluative /Feasibility (142) EDRS PRICE MF01/PC04 Plus Postage. DESCRIPTORS *Animal Behavior; *Cognitive Processes;*Language Acquisition; *Language Processing; Language Research; Learning Processes; Linguistic Theory;*Nonverbal Communication; Primatology; Sign Language;*Visual Stimuli ABSTRACT The debate over whether primates can betaught visual language is examined, and evidence of useof nonverbal language in primate studies is compared with the languagecriteria of a number of linguistic researchers. Background information onlanguage, visual language (including signjanguage), andthe parameters of the studies is offered, including oral and human languagecriteria, conception of grammar, and use of word symbols(chip symbology). The performance of four apes in different studies, usingdifferent methods to teach visual language, is then examined in termsof these parameters. It is concluded that the apes can mentallymanipulate abstract concepts that have been defined by means of anarbitrary code, and that this manipulation involves mentally scanning a setof symbols and cognitively selecting one on the basis of itsspecific linguistic context. Ape results proved to belinguistically coded and expressed, establishing true linguistic comprehensiveproduction. Despite the fact that the ape linguistic abilities werefar below the level of adult communication,
    [Show full text]
  • When the Apes Speak, Linguists Listen. Part 1. the Ape Language Studies
    Current Comments” EUGENE GARFIELD INSTITUTE FOR SCIENTIFIC INFORMATION* 3501 MARKET ST PHILADELPHIA, PA 19104 When the Apes Speak, Linguists Lfsten. Part 1. The Ape Language Studies Number 31 August 5, 1985 “Come open, “ “Hurry drink milk,” Tokyo, noted that apes do not lack the “You chase me,” and “Please machine intelligence needed for language. Rath- give milk” are all parts of conversations er, the most significant difference is be- between humans and apes. Since the late tween the human and chimpanzee vocal 1960s psychologists and anthropologists tracts.z Philip Lieberman, Department have launched intensive projects to of Linguistics, Brown University, Provi- teach great apes—such as the chimpan- dence, Rhode Island, reported differ- zee, gorilla, and orangutan—a form of ences in the structure of the oral cavity communication that is comparable to and less tongue mobility in chimpanzees human language. The apes are large tail- compared to humans. s In the chimpan- less primates that are classified just be- zee, the tongue is longer and narrower low humans in the evolutionary tree. Re- than the human tongue. The placement search on “animal linguistics” and the of the chimpanzee’s tongue and its ma- different approaches to it have resulted neuverability within the oral cavity pre- in debate among the ape language re- vent the chimpanzee from producing the searchers and among linguists as to the full range of vowel sounds necessary for definition and uniqueness of human lan- human speech, guage. This first part of a twopart essay Of the early efforts to teach spoken focuses on the ape language projects.
    [Show full text]
  • Ape Behavior OVERVIEW Ape Behavior Is Advanced and Complex
    Section 4 — Ape Behavior OVERVIEW Ape behavior is advanced and complex. Social strategies differ, from the semi-solitary orangutans, to chimpanzees living in loose groups of up to 100 individuals. One commonality is the bond between mother and infant. Ape diets are primarily based on fruits and plants, with insects and small vertebrates often supplementing. Locomotion patterns differ: the African great apes are known for knuckle-walking, Thinking Ahead while the Asian apes spend more time in the trees. The gibbons are brachiators, and the orangutans, with their massive bodies, are slow, suspensory climbers. Communication is important to ape societies, and In order to begin the process of connecting physical phenomena with behavioral phenomena, discuss the following vocalizations, facial expressions, gestures, and body language are all essential. With enhanced cognitive with your students: capacity, apes have been identified as tool users both in the wild and in captivity. How might an ape’s physical characteristics relate to its behavior? Ape behavior is distinctly advanced and complex. While there are some general trends, behavior is an area where many of the Consider, for example, the shape of an ape’s teeth, its body shape, differences among the apes can be found. and the size of its brain. Social Strategies The apes tend towards different social strategies. This may relate to food availability, habitat structure, or other factors. One commonality between all species of apes is the bond between mother and infant. This bond is strong, with great maternal investment, and lasts long through the slow maturation period. Fusion-fission Bonobos and chimpanzees follow the fusion-fission social pattern.
    [Show full text]
  • Chimpanzee Signing: Darwinian Realities and Cartesian Delusions Roger S
    Chimpanzee signing: Darwinian Realities and Cartesian Delusions Roger S. Fouts, Mary Lee A. Jensvold and Deborah H. Fouts Darwinian Realities Truly discontinuous, all-or-non phenomena must be rare in nature. Historically, the great discontinuities have turned out to be conceptual barriers rather than natural phenomena. They have been passed by and abandoned rather than broken through in the course of scientific progress. The sign language studies in chimpanzees … have neither sought nor discovered a means of breathing humanity into the soul of a beast. They have assumed instead that there is no discontinuity between verbal behavior and the rest of human behavior or between human behavior and the rest of animal behavior -- no barrier to be broken, no chasm to be bridged, only unknown territory to be explored. (R. Gardner et al. 1989, p. xvii) Cross-fostering While chimpanzees have great difficulty adapting their vocalizations to human speech (Hayes and Hayes 1951; Hayes and Nissen 1971), chimpanzees can freely move their hands meaning that a gestural language is well suited to their abilities. R. A. and B.T. Gardner recognized this in their sign language studies with young chimpanzees. In 1966, the Gardners brought 10-month-old Washoe to the University of Nevada-Reno when they began their cross-fostering study. The Gardners described this approach as follows: Cross-fostering a chimpanzee is very different from keeping one in a home as a pet. Many people keep pets in their homes. They may treat their pets very well, and they may love them dearly, but they do not treat them like children.
    [Show full text]
  • Deafness and Orality: an Electronic Conversation
    Oral Tradition 8/2 (1993): 413-437 Deafness and Orality: An Electronic Conversation Introduction What follows is an edited digest of a wide-ranging conversation that took place on ORTRAD-L, the electronic discussion group sponsored by the Center for Studies in Oral Tradition, between February 4 and February 13, 1993. Like most such exchanges, it begins from a germ of an idea, an aside, or a question, and grows outward in many different directions, sometimes with a clearly sequential logic and sometimes with more of a summary or reprise texture. We present it here because of both its endemic interest for OT’s readership and its mimetic illustration of a new mode of verbal exchange and performance—neither “oral” nor “written,” precisely. Should this feature prove worthwhile, we may well present other “threads” from ORTRAD-L in the future. To subscribe to the discussion, send the following e-mail message to [email protected], with no subject line: sub ORTRAD-L your name. First and last name are required for your subscription to be processed. Margaret Steiner: Here’s another wrinkle to the “tertiary orality”1 question. Eric [Crump] says that even for written language, most of us convert what we read into sound, and I know that that’s what I do. But what about deaf 1 A previous discussion concerned fitting computer-mediated communication into Walter J. Ong’s “primary” and “secondary” orality distinction (Orality and Literacy: The Technologizing of the Word, New Accent Series [London and New York: Methuen, 1982], pp. 135-37). “Tertiary orality” was suggested by Eric Crump as a possible term to describe the dual oral/literate nature of on-line conversation.
    [Show full text]
  • HOUSE RESOLUTION NO.4672, by Representative Warnick WHEREAS
    HOUSE RESOLUTION NO.4672, by Representative Warnick WHEREAS, Washoe was known throughout the world as the first nonhuman to acquire a human language, American Sign Language; and WHEREAS, Dr. Roger Fouts and his wife Deborah came to Central Washington University in 1980 and created a sanctuary for Washoe and her family at the Chimpanzee and Human Communication Institute; and WHEREAS, Washoe, the only chimpanzee at the institute who was born in Africa, was the matriarch of the chimpanzee family; and WHEREAS, Washoe opened a window into the cognitive workings of a chimpanzee's mind and added a new dimension to our understanding of communication among both humans and nonhumans; and WHEREAS, Those who met Washoe learned from her and her family the connections shared between humans and our fellow creatures and came to understand the importance of being responsible stewards for all life; and WHEREAS, Washoe, born in 1965 and a dear friend to many, passed away on October 30, 2007; NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives extend its deepest sympathy to Roger and Deborah Fouts for the loss of Washoe, a beloved friend; and BE IT FURTHER RESOLVED, That the House of Representatives thank Roger and Deborah Fouts and Central Washington University for their passionate dedication to providing the highest possible quality of life to Washoe and her family and for enhancing the world's insight into the complexities and wonders of communication among living creatures, including humans and nonhumans; and BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Dr.
    [Show full text]
  • Simplified Signs
    B Simplifed Signs onvillian Volume 1: Principles, A Manual Sign-Communication System for Special Populations Background, and Application , K Volume 1: Principles, Background, and Application issane John D. Bonvillian, nicole Kissane lee, Tracy T. Dooley, anD Filip T. loncKe l Simplifed Signs presents a system of manual sign communicaton intended for ee Simplifed Signs special populatons who have had limited success mastering spoken or full sign , D languages. It is the culminaton of over twenty years of research and development ooley by the authors. The Simplifed Sign System has been developed and tested for ease of sign comprehension, memorizaton, and formaton by limitng the complexity , of the motor skills required to form each sign, and by ensuring that each sign an visually resembles the meaning it conveys. D l Volume 1 outlines the research underpinning and informing the project, and onc places the Simplifed Sign System in a wider context of sign usage, historically K and by diferent populatons. Volume 2 presents the lexicon of signs, totalling e A Manual Sign-Communication approximately 1000 signs, each with a clear illustraton and a writen descripton of how the sign is formed, as well as a memory aid that connects the sign visually System for Special Populations to the meaning that it conveys. While the Simplifed Sign System originally was developed to meet the needs of s impli persons with intellectual disabilites, cerebral palsy, autsm, or aphasia, it may also assist the communicaton needs of a wider audience – such as healthcare F professionals, aid workers, military personnel , travellers or parents, and children ie D who have not yet mastered spoken language.
    [Show full text]
  • Use of Gesture Sequences in Captive Chimpanzee (Pan Troglodytes) Play
    Anim Cogn DOI 10.1007/s10071-012-0587-6 ORIGINAL PAPER Use of gesture sequences in captive chimpanzee (Pan troglodytes) play Maureen S. McCarthy • Mary Lee Abshire Jensvold • Deborah H. Fouts Received: 20 September 2011 / Revised: 4 December 2012 / Accepted: 10 December 2012 Ó Springer-Verlag Berlin Heidelberg 2012 Abstract This study examined the use of sensory Keywords Gestural communication Á Attentional state Á modalities relative to a partner’s behavior in gesture Chimpanzee Á Gesture sequence sequences during captive chimpanzee play at the Chim- panzee and Human Communication Institute. We hypoth- esized that chimpanzees would use visual gestures toward Introduction attentive recipients and auditory/tactile gestures toward inattentive recipients. We also hypothesized that gesture Numerous studies have examined the use of strings of sequences would be more prevalent toward unresponsive multiple gestures, or gesture sequences, by large-bodied rather than responsive recipients. The chimpanzees used apes. For example, Tomasello and colleagues (1994) found significantly more auditory/tactile rather than visual ges- that captive juvenile chimpanzees used gestures both singly tures first in sequences with both attentive and inattentive and in combinations. In that study, chimpanzees used about recipients. They rarely used visual gestures toward inat- 30 % of their gestures in combination with other gestures, tentive recipients. Auditory/tactile gestures were effective most often in a play context. Typically, these combinations with and used with both attentive and inattentive recipients. occurred when an individual used a play gesture, and the Recipients responded significantly more to single gestures recipient did not respond, which resulted in the individual than to first gestures in sequences.
    [Show full text]
  • Language I~Tructwn in the Laboratory
    Language I~tructwn in the Laboratory "They say the DOC& &s every animal language there is,. said a thick fat man to his wife. "I don't believe it," answered the woman. "But he's got a kind face." "It's true, Mother," said a small boy (also very round and fat) who was holding the woman's hand. "I have a &end at school who was taken to see the Puddleby Pantomime. He said it was the most wonderful show he ever saw. The pig is simply marvelous; the duck dances in a ballet skirt and that dog-the middle one, right behind the Doctor now-he takes the part of a pierrot." "Yes, Willie, but all that doesn't say the man can talk to 'em in their Language Instruction in the Laboratory own language,"said the woman. "Wonderfulthings can be done by a good trainer." "But my friend daw him doing it," said the boy. "Inthe middle of the show the pig's wig began to slip off and the Doctor called to him out of the wings, something in pig language. Because as soon as he heard it the pig put up his front foot and bedhis wig tight." -Doctor Dolittie 2 Caravan Now that we have explored the naturally occurring communication sys- tems of a variety of animals and examined some of the structural charac- teristics of human languages, it is time to raise a basic question: to what extent do nonhumans (especially other primates) have cognitive abilities that would support the acquisition and use of a human natural language? To put it starkly, how much of human language is uniquely available to humans? We have already seen that human spoken languages are inaccessible to most other animals for a very simple reason.
    [Show full text]