Reporting may also open a dialog with the client concerning family relationships and any personal history of abuse, if one exists. We fight for the rights of our clients to ensure they receive the justice that they deserve. Income and source of income, Property owned, Number and ages of dependents, US Department of Labor poverty guidelines, Complexity of case. The team helps the CPS agency worker assess the extent to which further harm is likely to befall the child, gauge the family's motivation and capacity for change, and weigh the advisability of various options for protecting the child. Types of Jail Abuse and Neglect Medical Neglect — When an inmate has a medical condition, the facility has a responsibility to respond to their needs.
A team approach can be very helpful in obtaining a more complete picture of the client and the severity of the problem. Assessments NJDC conducts statewide assessments of access to counsel and the quality of juvenile defense representation in delinquency proceedings around the country. Reporting policies and procedures should include a reference to the State's legal requirements, including the definitions of child abuse and neglect, the categories of persons who must report, what information must be in the report, and how a report should be made and documented. Unfortunately, it can neither be ignored nor automatically obeyed. As noted in Chapter 1 , each State defines abuse and neglect differently, and the conditions considered to be neglect or abuse in one State may not be the same in others. Counselors should avoid using a standard report form in communicating with a CPS agency, unless the form calls for a limited amount of relevant, objective data. With busy schedules and limited financial resources, law enforcement officials often prefer incarcerating individuals, where treatment is limited. Without a reasonable model of nurturing behavior, they may simply deal with their children in the same inappropriate ways they were treated. At times, there may be a need to report in both States. When a youth appears in court, the court shall explain to the youth and their parents, guardian, or custodian their respective rights to counsel and, if the youth and their parents, guardian, or custodian are unable to obtain counsel, shall appoint counsel for the youth and may appoint counsel for the parents, guardian, or custodian as provided by law. In other words, if the counselor characterizes the CPS agency's intentions as beneficent and its intervention as beneficial, the client may well view the counselor as naive at best, and possibly part of the "enemy camp. Since until recently no existing criminal statute directly addressed prenatal injury to the fetus by a substance-using mother, criminal prosecutors have used "State statutes related to child abuse and neglect, involuntary manslaughter, prohibitions on delivery or distribution of controlled substances to minor, and pure drug use" Garrity-Rokous, , p. Dealing With CPS Agencies, Courts, and Law Enforcement All professionals who work in the field of substance abuse treatment are aware that their clients have serious problems that may involve procuring and using illicit drugs. Some victims are actually trying to be protective by staying — because they know our courts typically will award joint custody and liberal timesharing to both the victim and the abuser when the victim does successfully escape. Mental Health Neglect — Jails must also pay close attention to the mental state of those they incarcerate. For example, if a counselor learns that the client has scalded his child and tied him to the bed, it would be appropriate to contact a CPS agency immediately. One landmark study showed that a woman who delivers a substance-dependent child is more likely to be reported if she is a woman of color Chasnoff et al. The way in which counselors interact with these agencies will vary from case to case. Victim is a party and is entitled to all important information relating to the case, and can make decisions about the direction of the case such as settlement of the claim. Pediatricians assess the medical needs and perform comprehensive abuse, neglect, and sexual abuse exams. The other--known as a subpoena duces tecum--requires a person to appear with the records listed in the subpoena. Youth accused of committing a delinquent offense must have a hearing within 48 hours of detention, excluding weekends and holidays. If the program has an attorney to represent it or an attorney who is willing to provide advice on issues like these, the counselor could seek his advice. Of course, such consultation must be made without violating Federal confidentiality regulations. This pressure is a good topic to discuss with pregnant clients in substance abuse treatment. A client often presents differently to various practitioners and may share different information depending on the practitioner's area of expertise and nature of the relationship with the client. In all of these circumstances, the Consensus Panel recommends that counselors 1 ask for their supervisor's guidance on what boundaries to keep, 2 consult their client, 3 use common sense, and 4 consult State law or a lawyer familiar with State law.
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