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NC BLET ONLINE PRACTICE EXAM 2024
JUVENILE LAWS AND PROCEDURES |
ALL QUESTIONS AND CORRECT
ANSWERS | ALREADY GRADED A+ |
LATEST VERSION
If an infant is taken into temporary custody under legal infant abandonment, the person may ask the parent about their identity, relevant medical history, but: -----CORRECT ANSWER---------------there is no requirement of the parent to provide the info, and the person must inform the parent of this. The Director of DSS is required to do what with the DA after finding evidence of abuse? -----CORRECT ANSWER---------------immediately orally inform the DA, and within * hours* submit a written report If DSS receives report of abuse or neglect in a day care facility or home, they must : ----- CORRECT ANSWER---------------notify the Department of Health and Human Resources (DHR), and the Division of Child Development within in 24 hours or the next working day How long does DSS have to conduct an assessment upon a physician or hospital reporting suspected abuse? -----CORRECT ANSWER---------------12 hours What is Felony Child Abuse? -----CORRECT ANSWER---------------a parent or other person providing care for a child less than 16 who intentionally inflicts: serious bodily injury resulting in permanent or protracted loss or impairment of any mental or physical function, serious physical injury, commits/permits/encourages prostitution, any sexual act, a reckless disregard for human life resulting in serious bodily injury/serious physical injury
What is Misdemeanor Child Abuse? -----CORRECT ANSWER---------------a parent or other person providing care of a child less than 16 who intentionally inflicts: physical injury, allows physical injury, creates or allows a substantial risk of physical injury, upon a child by other than accidental means. What is Contributing to Delinquency and Neglect by Parents and Others? ----- CORRECT ANSWER---------------any person 18 or older who knowingly or willfully causes, encourages, or aids a juvenile in delinquent, undisciplined, abused, or neglectful behavior Taking Indecent Liberties with a Student: -----CORRECT ANSWER---------------willfully taking or attempting any immoral, improper, or indecent liberties with a student for the purpose of arousing or gratifying sexual desire, or any lewd or lascivious act with the student. (this doesn't include vaginal intercourse or a sexual act) Intercourse and sexual offenses with certain victims: -----CORRECT ANSWER------------ ---if any member of education staff, who is at least 4 years older (Class G Felony), or less than the student (Class I Felony), engages in vaginal intercourse or any sex act with the student. (except if lawfully married to the student) (Class E Felony if done by a parent or guardian) When can a LEO or social worker take temporary custody of a juvenile? -----CORRECT ANSWER---------------when there are grounds to believe the juvenile is being abused, neglected, or dependent, and the juvenile could be injured or could not be taken into custody if it was first necessary to get a court order. If an officer takes a juvenile into temporary custody he must? -----CORRECT ANSWER- --------------1. notify the parents, 2. advise the parents of the right to be present, 3. release the juvenile to the parent if continued custody is necessary, 4. officer shall communicate with DSS, if DSS decides to file a petition they must contact a district court judge.
- Yes: has the child been transported outside the state for over 72 hours and there's evidence of offenders intent to violate custody order?
- No: no action until courts advise it
- Yes: Arrest for Class I Felony LE agency recieveing a missing person report must: -----CORRECT ANSWER------------- --1. file NCIC report
- Make an on duty notification to all units
- Initiate a national broadcast
- file a report with NC center for missing persons When adjudicating delinquency and undisciplined, the standard of proof is: ----- CORRECT ANSWER---------------Adjudicating delinquency- beyond a reasonable doubt Undisciplined- clear and convincing evidence Establishing rapport with juveniles: -----CORRECT ANSWER---------------officer should use: Empathy, Genuineness, Positive Regard, Find Common Ground, Looking for Signs of Strength, Identify Strengths, and Trust. Define: Community Based Program -----CORRECT ANSWER---------------a residential or non residential program providing treatment to a juvenile under the courts. may include foster care, family counseling, shelter care, etc. Define: Delinquent Juvenile -----CORRECT ANSWER----------------a person between 16 and 18 who commits indirect contempt by a juvenile, or a crime or infraction, excluding ch 20 laws.
- a person between 6 and 16 who commits offenses above including ch 20 laws. Note: the reason ch20 laws are included for 6-16 yrs, is so the juvenile can be charged under the Juvenile Justice System which may be more lenient than getting normally charged under ch 20 How are juveniles charged under Ch 20 laws? -----CORRECT ANSWER--------------- 16 - 18: may be charged as an adult
6 - 16: may be charged as a delinquent juvenile What is an Emancipated Minor? -----CORRECT ANSWER---------------a person 16 or 17 who petitions the court to be legally treated as adults. this includes married 16 or 17 yr olds. this decree is irrevocable Define: Juvenile Court Counselor -----CORRECT ANSWER---------------a person responsible for intake and court supervision of juveniles Define: Probation -----CORRECT ANSWER---------------when a juvenile is adjudicated delinquent and is subject to specified conditions under the supervision of a Juv. Court Counselor, generally 6 - 12 months Define: Undisciplined Juvenile -----CORRECT ANSWER---------------1. a person between 6 and 17 who is:
- consistently absent from school
- regularly disobedient beyond the control of the parents
- is regularly found in places where it is unlawful for a juvenile to be
- a runaway longer than 24 hours Define: Truancy -----CORRECT ANSWER---------------a parent of a child between 7 and 16 must make their child attend school. after 3 unexcused absences, the principal will notify the parent. after 6 unexcused absences, the principal will notify parents by mail that may be in violation of law. after 10 unexcused absences, the principal will meet with the parent and student to decide if the parent has made a good faith effort to comply with the law, if not, the principal will notify DSS and the DA. Define: Beyond Parental Control -----CORRECT ANSWER---------------when a juvenile is beyond the parents control, or the parent is unable or unwilling to control the juvenile.
questioning the officer shall cease questioning, all interrogations of juveniles must be electronically recorded in their entirety. If an officer charges a juvenile, he must notify: -----CORRECT ANSWER---------------the parents by telephone asap AND the principal of the juvenile's school. this must be done within 5 days of charge. The ___________ promotes self-reliance and self sufficiency and works to prevent abuse, neglect, dependency, and exploitation of vulnerable individuals, children, and their families. -----CORRECT ANSWER---------------The Division of Social Services DSS What generally focuses on the behavior of adults that results in abuse, neglect, or dependency of a child? -----CORRECT ANSWER---------------Division of Social Services DSS What generally focuses on the behavior of juveniles, specifically inappropriate or delinquency? -----CORRECT ANSWER---------------Juvenile Justice System What is an Abused Juvenile? -----CORRECT ANSWER---------------any juvenile under 18 who is a minor victim of human trafficking or whose parent/guardian/custodian/caretaker inflicts or allows to inflict: serious physical injury, substantial risk of serious physical injury, cruel or grossly inappropriate devices to modify behavior, commits, permits, or encourages the commission of a violation of certain laws, with or upon the juvenile, serious emotional damage, approves of delinquent acts, any offence under G.S. 14- 43.11, .12, or. What are some examples of Child Abuse? -----CORRECT ANSWER---------------incest, broken bones, burns, bites, bruises, cuts , severe anxiety related to abuse, etc. Who can be considered a Caretaker of a juvenile? -----CORRECT ANSWER--------------- any person other than parents, guardians, or custodians.
Who can be considered a Custodian of a Juvenile? -----CORRECT ANSWER--------------
- any person or legal agency awarded legal custody of the juvenile. What is a Dependent Juvenile? -----CORRECT ANSWER---------------A juvenile in need of assistance because they have no parent, guardian, or custodian responsible for their care, or The parent, guardian, or custodian is unable to provide care What is a Director of DSS? -----CORRECT ANSWER---------------the director of the county department of social services where a juvenile may reside or is found Who is a Juvenile? -----CORRECT ANSWER---------------a person under 18 who is not married, emancipated, or in the military. What is a Neglected Juvenile? -----CORRECT ANSWER---------------any person under 18 who is found to be a minor victim of human trafficking or whose parent/guardian/caretaker doesn't provide proper care, supervision, discipline, or medical attention. What is Serious Neglect? -----CORRECT ANSWER---------------conduct, behavior, or inaction from the parent/guardian/caretaker that constitutes any danger to the juvenile's health, welfare, or safety, but doesn't constitute abuse. Who generally gives ample opportunities to the parents/guardians to rectify their wrongs? -----CORRECT ANSWER---------------DSS If a court decided that the juvenile cannot go back to their home, who must develop and implement a permanent plan for the juvenile? -----CORRECT ANSWER---------------DSS
What must the courts find to issue an ex parte order? -----CORRECT ANSWER----------- ----1. probable cause that the juvenile is at risk of immediate harm, and 2. the respondent is interfering or obstructing the directors ability to investigate If a person refuses to comply with an active ex parte order, what may they be subject to? -----CORRECT ANSWER---------------civil or criminal contempt proceedings GS 7B-3100 permits designated agencies to share: -----CORRECT ANSWER--------------
- relevant info about juveniles who are abused, neglected, dependent, or undisciplined. the info is confidential and not public knowledge Who has a duty to report child abuse or neglect? -----CORRECT ANSWER--------------- GS 7B-301: every person How can reports of abuse and neglect be made? -----CORRECT ANSWER--------------- orally, by phone, or in writing What is the only exception to reporting abuse or neglect? -----CORRECT ANSWER------ ---------when an attorney acquires knowledge from their client (attorney-client privilege) during representation in the abuse, neglect, or dependency case that grounds exist not to report. How long after discovery of abuse or neglect does an officer have to submit a written report of findings to the Director of DSS? -----CORRECT ANSWER---------------48 hours How long does DSS have to notify the SBI if they've received report of child sexual abuse in a day care facility or home? -----CORRECT ANSWER---------------24 hours or next work day
When must doctors or hospital staff report injuries to law enforcement? -----CORRECT ANSWER---------------when the injuries appear to be non-accidental trauma When is infant abandonment legal? -----CORRECT ANSWER---------------when a parent voluntarily abandons an infant less than 7 days old, by delivering the infant to a LEO on duty, or to a police station, sheriff's department, or an EMS worker on duty, without expressing an intent to return for the infant. the parent cannot be prosecuted. when can an officer not notify the parents or guardian of a juveniles arrest? ----- CORRECT ANSWER---------------If the juvenile is emancipated, a motor vehicle violation 3 points or less, or a non moving violation. What is a non divertable offense? -----CORRECT ANSWER---------------an offense so severe, the juvenile may not be diverted from the court system When must LE agencies fingerprint and photograph juveniles? -----CORRECT ANSWER---------------1. juvenile is 10 or older
- alleged non divertable offense
- a complaint for a petition has been prepared for filing
- juv. in physical custody of LE or DJJ If LE hasn't taken prints, or they were destroyed they must only print when: ----- CORRECT ANSWER---------------1. juv. has been adjudicated delinquent
- 10 or older at time of offense
- offense would be a felony by an adult After a juvenile who is 10 or older, is adjudicated delinquent of a felony, the fingerprints must be sent: -----CORRECT ANSWER---------------to the SBI and placed in AFIS When to destroy juvenile fingerprints and photographs? -----CORRECT ANSWER-------- -------1. if a petition is not filed within one year of prints or photo
- court finds no probable cause
- juvenile not adjudicated delinquent of felony or misdemeanor
A summons and petitions must be personally: -----CORRECT ANSWER--------------- served to the parent/guardian and juvenile not less than 5 day from the hearing An officer may take a juvenile into temporary custody, if he believes: -----CORRECT ANSWER---------------the juvenile may be:
- delinquent
- undisciplined
- absconder Define: Absconder -----CORRECT ANSWER---------------when a person (to include juvenile) has escaped custody. Secure or Non Secure custody hearings: -----CORRECT ANSWER---------------no later than 5 days after placing juv. in secure custody, and 7 days for non secure custody, a hearing must be held to determine need for further custody When is there Probable Cause hearings with a juvenile? -----CORRECT ANSWER------- --------1. all felonies that occur at ages 13, 14, or 15
- Class I & H felonies that occur at 16 & 17 Diversion/Referral -----CORRECT ANSWER---------------Unless the offense is non divertable, the court counselor, after finding legal sufficiency, may diver the juvenile to: public/private resource, restitution program, community service, victim/offender mediation, counseling, teen court program Cases cannot be diverted to teen court in the event of: -----CORRECT ANSWER---------- -----impaired driving charge, assault w/ a weapon, controlled substance offense other than simple possession of a schedule 4 drug or alcohol.
Who can inspect juvenile court records? -----CORRECT ANSWER---------------the juvenile or their attorney, the juvenile's parents/guardian, authorized representative of the person, the prosecutor, court counselors, probation officers, anyone with a valid court wavier. What does DSS promote and what do they do? ------CORRECT ANSWER------------------ --Self-reliance and self-sufficiency. Work to prevent abuse, neglect, dependency, and exploitation of vulnerable individuals, children, and their families. Where can you find a DSS office? ------CORRECT ANSWER--------------------In each county What is the main distinction between DSS and Juvenile Justice? ------CORRECT ANSWER--------------------DSS generally addresses the behavior of adults that results in the abuse, neglect, or dependency of the children in their care. They focus on cases of neglect and abuse and they aim to protect children. Juvenile Justice focuses on the behavior of juveniles. They also aim to keep juveniles safe but they also specifically address the inappropriate or delinquent behavior of the juvenile. What defines an abused juvenile? ------CORRECT ANSWER--------------------Any juvenile less than 18 years of age who is a minor victim of human trafficking or whose parent/guardian/custodian/caretaker:
- Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means.
- Creates or allows to be created substantial risk of serious physical injury to the juvenile by other than accidental means.
- Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel/gross inappropriate devices to modify behavior.
- Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile
- Creates or allows to be created serious emotional damage to the juvenile, serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior to himself or others.
- the juvenile has no parent, guardian, or custodian responsible for the juvenile's care/supervision
- the juvenile's parent, guardian, or custodian is unable to provide for the juvenile's care/supervision and lacks an appropriate alternative child care arrangement Who is a director? ------CORRECT ANSWER--------------------The head of the county DSS in the county where the juvenile resides or is found or other representatives as authorized. Who is considered a juvenile? ------CORRECT ANSWER--------------------A person who has not reached their 18th birthday and is not married, emancipated, or a member of the military What is a neglected juvenile? ------CORRECT ANSWER--------------------Any juvenile who is found to be a minor victim of human trafficking or whose parent/guardian/custodian/caretaker:
- does not provide proper care, supervision, or discipline
- has abandoned them
- has not provided necessary medical care
- has not provided necessary remedial care
- lives in an environment injurious to the juvenile's welfare
- custody of whom has been unlawfully transferred
- has placed them for care or adoption in violation of the law What aids in determining a juvenile's neglected status? - -----CORRECT ANSWER-------- ------------If there is a history in that home of a juvenile dying from abuse or neglect or a home whether another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the house. What are some examples of reasonable efforts? ------CORRECT ANSWER----------------- ---When DSS uses preventive or reunification services if a juvenile is remaining at home or returning home. OR If a court determines the juvenile should not return home, the diligent and timely use of permanency planning services to develop and implement a permanent plan for the juvenile.
What is a safe home? ------CORRECT ANSWER--------------------A home in which the juvenile is not at substantial risk of physical/emotional abuse or neglect What does juvenile court have jurisdiction over? ------CORRECT ANSWER----------------- ---1. Any case involving a juvenile who is determined to be abused, neglected, or dependent.
- A parent or guardian of the juvenile who has been adjudicated abused, neglected, or dependent as long as they have been properly served with a summons. They do not have jurisdiction over cases involving adult defendants alleged to be guilty of abuse/neglect. How does a juvenile court keep its jursidiction? ------CORRECT ANSWER-------------------
- Once jurisdiction has been obtained, it will continue until one of the following conditions have been met:
- Until terminated by the court
- Until the juvenile reaches 18
- Until emancipation What is the role of law enforcement when there is an LE investigation of child abuse? --- ---CORRECT ANSWER--------------------1.Provide necessary medical assistance
- Notify DSS immediately if you believe a juvenile has been abused
- If applicable, notify the juvenile investigator if in policy
- Take child into temporary custody if necessary/applicable
- Crime scenes should be handled the same as any other: protect/gather evidence, photograph injuries, etc. May need consent or search warrant to search the crime scene.
- Conduct interviews. If agency works with Child Advocacy Center, contact them to conduct forensic interview in instance of alleged sexual abuse. How should an officer handle complaints during an LE investigation of child abuse? -----
- CORRECT ANSWER--------------------The initial approach should be made in a
A person who fails to comply with Court orders may be subject to civil/criminal contempt proceedings. What is an ex parte order? ------CORRECT ANSWER--------------------One which is entered without first letting the respondent an opportunity to be heard or to hear the evidence which supports the allegations against them. (Must have probable cause to believe juvenile is at risk for immediate harm or respondent is interfering). If an ex parte order is issued, how many days after will the hearing be scheduled? ------ CORRECT ANSWER--------------------Within 10 days to determine if the order should remain in effect (or to enter a new order, depending on any change in circumstances. What should be done after the investigaton is complete? ------CORRECT ANSWER------ --------------Communicate all facts/findings with the case worker, keeping in mind what is best for the child. If there is decision to remove the child: social worker will obtain petition and nonsecure order and the LEO will serve these alone with a civil summons. If an arrest of the perpetrators is warranted: LEO should decide whether a warrantless arrest is permitted or an arrest warrant should be obtained. What is essential in order to have a complete picture about a child and/or family? ------ CORRECT ANSWER--------------------INFORMATION SHARING BETWEEN AGENCIES. NC law permits certain agencies to share relevant information about juveniles who are abused/delinquent/neglected/etc. All information must be kept confidential. Information shared should only be used for protection of juvenile or improve educational opportunity for them. What information cannot be shared between agencies regarding a juvenile? ------ CORRECT ANSWER--------------------Mental health information or substance abuse treatment information.
Duty to Report under G.S. 7B- 301 ------CORRECT ANSWER--------------------Every person has the legal duty to report facts which lead the person to believe a juvenile is being abused/neglected or has died as a result of maltreatment. The case must be reported to: Director of DSS, intake services of DSS in the county where the juvenile resides or is found. How can the report be made? Orally, written, by telephone. What should be included in your report as an LEO under G.S.7B-301? ------CORRECT ANSWER--------------------Information regarding:
- Juvenile's name, age, address, and current whereabouts
- his or her parents'/guardians' name and address
- the names and ages of other juveniles in the home
- the nature and extent of suspected injury or conditions
- any other relative information which would facilitate a DSS response Under G.S. 7B-301, the duty to report only applies if a person suspects: ------CORRECT ANSWER--------------------1. Juvenile is a minor victim of human trafficking
- Juvenile is dependent as defined in the juvenile code
- Juvenile has died as a result of maltreatment
- A juvenile is abused/neglected as those terms are defined in G.S. 7B-101 by their parent, guardian, custodian, or caretaker. When does G.S. 7B-301 not require someone to report suspected abuse? ------ CORRECT ANSWER--------------------If the juvenile was abused by someone OTHER THAN their parent/guardian/custodian/caretaker. Duty to Report Under G.S. 14-318.6 ------CORRECT ANSWER--------------------Any person 18 years or older knows or should reasonably know a juvenile is or has been the victim of a violent offense, sexual offense, or misdemeanor child abuse under 14-318. must immediately report the case to appropriate LE agency in the county where juvenile lives/is found. How can the report be made? Orally or by telephone.
