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While the organizational roles and titles will vary, a CPS agency is the part of a State's child welfare system responsible for investigating and processing child abuse and neglect cases.

Description

New York offers a particularly interesting approach to the question of parental substance abuse, as it distinguishes among three kinds: 1 those parents who misuse substances but not to the extent that they become intoxicated, unconscious, or their judgment is impaired; 2 those parents who misuse substances but are in treatment; and 3 those parents not in treatment who misuse substances to the extent that they become intoxicated, unconscious, or their judgment is impaired.

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Consultants also provide expert witness testimony for the family court. For convenience, the term "CPS agencies" is used in this chapter to refer to all aspects of social services related to child welfare. The Louisiana State legislature wscorts an appointed official in the victim representative capacity whose primary qualification is being a recovered survivor of childhood victimization.

Is there a timetable?

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The counselor will not want to provoke the lawyer into taking action that will harm the client. What actions must the client take to comply with the service plan or court order? Some communities hold regular brown bag lunches for probation officers and others in the legal system. In some cases, disclosing information to the CPS agency or court will benefit the client.

Most States require that reports include The age and address of the child The address and name of the parent or caretaker The type of abuse or neglect, as specific and factual as possible The name of the perpetrator Most States require oral reports to be confirmed in writing and within a given time frame. The other agencies must also understand that they are prohibited by Federal regulations from redisclosing any information they receive from the counselor see Montgomey B.

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What are the charges against the client e. Can I have your telephone and call you back at another time?

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That means that in making an initial report of suspected abuse to a CPS or other deated agency, the mandated reporter should provide only the basic information required by the State mandatory reporting law. She should leave the conversation with montgomerg clear understanding of the client's instructions--whether she should disclose the information and, if so, how much and what kind. Clinical Issues The counselor's role can be critical for a client involved in abuse or neglect investigation or wscorts.

Parental Substance Abuse as Child Abuse and Neglect The differences in the ways States define child abuse and neglect are particularly striking in the area of parental substance abuse.

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There are criminal statutes prohibiting certain acts or failures to actviolation of which may lead to imprisonment. If the lawyer represents the client and the client asks the counselor to share all information, the counselor can speak freely with the lawyer once the client s a proper consent form. In South Carolina, district attorneys were directed to treat situations in which a pregnant woman is using drugs as subject to duty-to-report provisions, placing medical personnel and counselors in legal pregmant if they pegnant to inform authorities of such a pregnancy.

There are ways to limit the potential damage to the therapeutic relationship.

Colvin knew her very well. No other information should be disclosed without the client's written consent. If confronted by what could be characterized as "stonewalling," a lawyer may be tempted to subpoena the requested information and more.

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An objection can be based on a of grounds and can be raised by any party, as well as by the person whose treatment information is sought. Again, the counselor must obtain written consent from the client before he speaks with the officer. In parallel fashion, the client must have ed a consent form allowing the other agency to communicate with the substance abuse treatment provider.

Similarly, if there is a risk that the client will continue his behavior and seek to cover his tracks, the counselor would probably not involve him in the report or inform him until after it has been made.

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However, it is equally possible that the subpoena has been issued by or on behalf of the CPS agency's lawyer or the lawyer for another adverse montgomerry. On the night of Parks' arrest, the Women's Political Council WPCa group of black women working for civil rights, began circulating flyers calling for a boycott of the bus system.

Getting the client to a consent form allowing communication and t service planning can be an important first step see Appendix Monggomery. 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. Counselors esccorts avoid using a standard report form in communicating with a CPS agency, unless the form calls for a limited amount of relevant, objective data.

She herself didn't talk about it much, but she spoke recently to the BBC.

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Mandatory Reporting Procedures All States specify how reports must be made. Every summer Texas holds an annual Institute on Alcohol and Drug Abuse 2-week event that usually has 1, attendees per week. Perhaps the safest approach is for the counselor to take the position that whether or not the CPS agency's intentions are benign or its intervention is welcome, it is a force with which the client must deal.

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In a related trend, judges pregnany remand substance-using pregnant women who are arrested for prostitution, drug peddling, or other crimes to residential treatment centers, which are ordinarily reserved for persons with severe substance dependence. About sharing image copyrightAlamy In Marchnine months before Rosa Parks defied segregation laws by refusing to give up her seat to a white passenger on a bus in Montgomery, Alabama, year-old Claudette Colvin did exactly the same thing.

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Whether these positive occur appears to depend on when the report is made earlier in treatment is more likely to affect the relationship negativelyhow much support the counselor offers when the report is made, and how well the counselor deals with the client's anxiety and anger Melton et al. Second, if the therapist does not mention the report, there is secrecy and tension, which may result in the clients' feelings of suspicion, isolation, or betrayal.

Never miss a beat.

The lawyer can be told, "I'm sure you understand that I am professionally obligated to speak with this person before I speak with you. After a trial or fact-finding hearing, the court may take one of the following actions: Dismiss the petition setting the parent free from further obligation Issue an order requiring the parent to comply with all or part of the CPS agency's service plan, an order the court may review periodically to assess the parent's compliance If the parent fails to comply with the court's order, the court may, after a hearing, either give the parent another chance or, if the case has been pending for some time, the parent has made little progress, or her behavior is particularly egregious, remove the child and begin proceedings to terminate parental rights.

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At times, there may be a need to report in both States. The counselor should still evaluate the appropriateness of the request in the context of its impact on the client's montogmery.

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Some communities have established multiagency teams to coordinate support for families in crisis. If the lawyer does have an objection, then it is best to let her take the lead.

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And according to at least one study, maternal alcohol abuse may be the most frequent environmental cause of mental retardation in the Western world Ray and Ksir, Instead of being taken to a juvenile detention centre, Colvin was taken to an adult jail and put in a small cell with nothing in it but a broken sink and a cot without a mattress. Guidelines describing when and how the client will be notified, including a description of the circumstances under which a parent should not be notified because of danger to the child A procedure for review of all cases and of issues that arise after reporting Routine review will ensure that any problems, whether of a procedural or therapeutic nature, will be addressed expeditiously.

The South Carolina State Supreme Court was the first to rule that a viable fetus could be considered a "person" under child abuse laws. If they decide the case is reportable, then the supervisor discusses it with the clinical director.

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