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Introducing the Law, the Child Protection System and the Courts

Guardian Ad Litem Program. Introducing the Law, the Child Protection System and the Courts. Federal Child Abuse & Neglect Laws. 1974 CAPTA 1978 ICWA 1997 ASFA. 1974-CAPTA. Child Abuse Prevention and Treatment Act Required states to have child abuse reporting laws Maintain confidentiality

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Introducing the Law, the Child Protection System and the Courts

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  1. Guardian Ad Litem Program Introducing the Law, the Child Protection System and the Courts

  2. Federal Child Abuse & Neglect Laws • 1974 CAPTA • 1978 ICWA • 1997 ASFA

  3. 1974-CAPTA • Child Abuse Prevention and Treatment Act • Required states to have child abuse reporting laws • Maintain confidentiality • Provide a Guardian Ad Litem to every child • Agency must be responsible for investigating and receiving reports of child abuse

  4. 1978 ICWA • Indian Child Welfare Act • Recognizes that Indian Children have special sovereign rights within the United States • ICWA takes precedence over Federal and State Laws

  5. 1997 ASFA • Adoptions and Safe Families Act • Child's safety is paramount concern • Permanency planning should begin at the onset of the case • Created judicial review/time lines • Created reasonable efforts findings • Created aggravated circumstances findings

  6. Third and Fourth Judicial Districtan overview • Serve 10 counties • Work in Magistrate court • Work in civil court • Proceedings are closed • Use prosecutors and public defenders

  7. Tips for Court Days • Plan Ahead-arrange to be in court for at least an hour, come 15 minutes early • Dress Appropriately • Be prepared-know your case • Check in with CASA Staff to let them know you are there • Be mindful of others-in the hall and in the courts room- discuss cases quietly • Remember to rise when the Judge enters or leaves the court room.

  8. Prosecutor/Attorney General Public Defender GAL Attorney Child Attorney Social worker Parents Guardian Ad Litem/GAL Program REMEMBER: You may only discuss case information with the parties of the case. Parties to the Case

  9. Review Power Point Review Mary Ellen's Story Review Principles that Guide Child Abuse Don t Forget to Schedule your Session and court observation time!!!! Chapter Review- for Debrief session

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