F. Child Protective Proceedings

Question 1

What is required for child neglect/abuse proceedings to be applied?*

Answer 1

1) Either;
- Parent
- Legal custodian
- Legal guardian
- Person legally responsible for Child’s care at relevant time

2) Child’s care is alleged to have abused/neglected Child under age of 18
- Impairment
- Imminent risk/danger of impairment

3) Preponderance of evidence of abuse/neglect
- P’s burden of proof

Question 2

What is required for the permanent termination of parental rights?*

Answer 2

Permanent neglect

1) Child is in care of authorised agency

2) Parent/Custodian failed to maintain contact with Child/plan for Child’s future
- By clear + convincing evidence

3) Parent/Custodian was physically + financially able to do so
4) For enumerated period of time (substantially + continuously)
5) Despite Agency’s diligent efforts to encourage + strengthen parental relationship

Question 3

What happens when there is permanent termination of parental rights?

Answer 3

1) ALL rights and obligations between Child + Parent/Custodian become severed
2) Child may be available for adoption