| Child Welfare Agency's Potential Malpractice Liability for Violating Parental Rights |
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| Although intervention by a child welfare agency is sometimes required for the protection of a child, sometimes the investigation may become over zealous or slanderous in nature. Investigating claims that a child is the subject of mistreatment is difficult. The agency should attempt to investigate all claims made with a balanced outlook.
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| Delinquency Proceedings |
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| The Prosecuting Attorney may file a Delinquency Petition if a child under 18 years of age commits a delinquent act. A juvenile delinquency proceeding is essentially a closed bench trial. A juvenile has constitutional rights under the due process clause when there is a possibility of detention following the proceeding. These rights include adequate notice, the assistance of counsel, the privilege against self-incrimination, and the privilege of confronting and cross-examining the witnesses. The due process clause also requires proof beyond a reasonable doubt when a juvenile is charged with an act that would constitute a crime if committed by an adult. Juveniles do not have a constitutional right to a jury trial in juvenile court. More... |
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| Confidentiality and Juvenile Court Records |
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| Almost every state has a law that prohibits to some degree public access to juvenile court records. Each state has statutes establishing the right of access to records created during juvenile delinquency proceedings.
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| Preferences Created by the Indian Child Welfare Act |
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| The purpose of the Indian Child Welfare Act (ICWA) is to preserve and strengthen Native American families and culture. The ICWA attempts to accomplish that purpose by creating a legal preference for the placement of Native American children in Native American homes.
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| Alimony and Spousal Support |
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| Alimony, spousal support, or maintenance is the payment of support from one party to another in order to keep the receiving party in the lifestyle that they were accustomed to during the course of their marriage.More... |
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