DFPS Memorandum and the Gates Case: Study Guide
Fall 2011
SUGGESTIONS FOR STUDYING THE DFPS MEMORANDUM
Remember to read and study all of it.This is only a guide to help you think through as you study.
1.The Memo give two reasons why the Gates case is important. A)affects weather u can transport or enter a home B) if the case falls through the staff who removed the child can be sued
2.Look at the definition of Exigent Circumstances A)is reasonable cause to believe the child is an immediate danger
3.Look at the definition of Imminent Danger A) life or limb is an immediate danger and abuse is about to occur
4. Look at the questions to ask before removing a child without a court order A)is the child at risk of getting harmed during a court order B)how immediate is the danger to the child C)how frequent does the abuse seem to appear D)how strong is the evidence to support the allegations E)is there another way to ensure the safety of the child short of removal F)how traumatic will the removal be to the child
5. Look at the three examples on page 6.I may prepare one or two similar examples—they will be close to these but not exactly the same.
6.What are the implications of this memo and the court case if only one child in the home is determined to have been abused? A)you can only remove the child that is being harmed
7.What if there is evidence that the child has been sexually abused but there is no reason to believe the child is in immediate danger of being sexually abused if the child returns home? A) you have to leave the child and go to the court to get the right to remove the child
THE GATES CASE
1. Pay attention to the implications of the court decision for peace officers. A)If a peace officer believes to think the child is an immediate danger they have a right to enter without a warrant
2. Can peace officers enter and CPS caseworkers still be refused—must caseworkers identify themselves as caseworkers if they are with peace officer? A)yes, the peace
SUGGESTIONS FOR STUDYING THE DFPS MEMORANDUM
Remember to read and study all of it.This is only a guide to help you think through as you study.
1.The Memo give two reasons why the Gates case is important. A)affects weather u can transport or enter a home B) if the case falls through the staff who removed the child can be sued
2.Look at the definition of Exigent Circumstances A)is reasonable cause to believe the child is an immediate danger
3.Look at the definition of Imminent Danger A) life or limb is an immediate danger and abuse is about to occur
4. Look at the questions to ask before removing a child without a court order A)is the child at risk of getting harmed during a court order B)how immediate is the danger to the child C)how frequent does the abuse seem to appear D)how strong is the evidence to support the allegations E)is there another way to ensure the safety of the child short of removal F)how traumatic will the removal be to the child
5. Look at the three examples on page 6.I may prepare one or two similar examples—they will be close to these but not exactly the same.
6.What are the implications of this memo and the court case if only one child in the home is determined to have been abused? A)you can only remove the child that is being harmed
7.What if there is evidence that the child has been sexually abused but there is no reason to believe the child is in immediate danger of being sexually abused if the child returns home? A) you have to leave the child and go to the court to get the right to remove the child
THE GATES CASE
1. Pay attention to the implications of the court decision for peace officers. A)If a peace officer believes to think the child is an immediate danger they have a right to enter without a warrant
2. Can peace officers enter and CPS caseworkers still be refused—must caseworkers identify themselves as caseworkers if they are with peace officer? A)yes, the peace