Synopsis of Minnesota State Laws in Reference to the Case of Sherry Sarah Penheiter Capella University Abstract The case of Sherry requires a review and analysis of Minnesota laws regarding mandatory reporting, drug offenses, and child neglect. Based on the synthesis of information from several statutes the author asserts that the case does require a report be filed with state child welfare agencies. Determining responsibility to report under the law is a complex action that requires the analysis of several different sections of relevant law. Not only must the laws regarding mandatory reporting be analyzed, the specific nuances of this case must be examined. Specifically, I will need to address three separate issues. …show more content…
As previously noted, any amount of marijuana is considered a controlled substance. Since Sherry has admitted that she is using marijuana while her child is in the home it can be assumed that she is in possession of the marijuana with her child present even if she is not selling marijuana when her child is present. After reviewing the relevant laws, it would appear that as a LPCC I would be bound by mandatory reporting laws. While Sherry’s drug use may not be endangering her child or constitute neglect, the fact that she has been in possession of an illegal substance while caring for her child would necessitate a report be made to child welfare agencies. References Definition; Practicing Healing and Practice of Healing, 2011 Min. Stat. § 146.01 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=146.01. Neglect of Endangerment of a Child, 2011 Min. Stat. § 609.378 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=609.378. Presentation to Public, 2011 Min. Stat. § 148.96 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=148.96. Reporting of Maltreatment of Minors, 2011 Min. Stat. §626.556 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=626.556. Schedules of Controlled Substances, 2011 Min. Stat. § 152.02 (2011). Retrieved from
“ The Federal Child Abuse Prevention and Treatment Act (CAPTA) … defines child abuse and neglect as, at minimum: "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "An act or failure to act which presents an imminent risk of serious harm."” (U.S. Department of Health & Human Services and Administration for Children & Families, "Definitions of Child Abuse
* Baby social worker visited. Plan is to initiate care proceedings ASAP reasons; history of substance misuse, concealed pregnancy, poor engagement with treatment and services
There are many efforts that are made each day to ensure safety of children living in the state of Mississippi. The MS Department of Child Protection Services (MDCPS) is at the center of every community’s child protection efforts. MDCPS conducts initial assessments of reports of child abuse and/or neglect. The agency also provides other prevention services to children and families where maltreatment has occurred or is likely to occur. The adaptation of these services examines underlying conditions. These underlying conditions consist of drug and alcohol abuse, sexual molestation, poverty and cultural beliefs. MDCPS utilizes tools such as Comprehensive Family Assessments (CFA) and Family Service
In 1970 Congress passed the Controlled Substances Act (CSA) to regulate the possession, manufacture, and distribution of drugs. This statute includes marijuana. Drugs are determined by their potential for abuse, medical value, and physical / psychological effects on the body. Marijuana is considered a Schedule I which is the class or drugs most restricted, making the manufacture, distribution, and
When a child is suspected of being abused, neglected or placed at imminent risk of serious harm by a member of the staff of a private or public school or an institution that cares for the child, the person in charge of the school or facility must notify the child’s parent or other person responsible for the child’s care that a report has been made. The state’s department of child abuse responsibility is to notify the head of a facility, school or establishment that a report has been made.
The National Children 's Alliance reported that the number of unique cases of abused and neglected children in the United States stands at an annual rate of 700,000 and rising (as cited in ?U.S. Department of Health & Human Services,? 2016, p. ii). Sadly, this means that more than 1,900 new children become victims of abuse and neglect with each passing day. Neglect was the type of
A report was received on 06/05/2017 alleging that the mother (Hermionne) left Ashante (C-V 17) with a non-relative since 02/2017 without any legal rights. According to the report, the mother refuses to take her child back home and will not engage with Ms. Aarons (caretaker) to provide legal documentation for the child to be enroll in school and taken to a Primary Care Physician. Ashante has not been is school for the past 4 months and are unable to enroll in school without paperwork. According to the report, Ashante self mutilates her arms, and the mother refuses to get counseling. The report indicates Ashante was to follow-up with a Cardiologist for a chest pain and the mother refuses to take her to the doctor.
In order to fully understand the outcomes of this case, it is necessary to briefly review the legal issues that prompted the appellants and respondent to pursue legal action. The initial factor was the apprehension of a six week old infant named Leticia Grace Woods, on October 20th, 1976, by C.A.S. of central Manitoba. Upon removing her from her mother’s custody, in an effort to protect her, she was placed in a foster home as stipulated in the Child Welfare Act, C.C.S.M., c. C80. After several months in foster care, Mrs. Woods’,
There has been an enormous amount of research, going back almost thirty years, about the relationship between childhood trauma, and juvenile delinquency. Many researches cannot say that there is a direct link between the two, but after much research, researches have found that childhood trauma can perhaps be a predictor for juveniles who later in life commit crimes. Trauma is defined as, “a disordered psychic or behavioral state resulting from severe mental or emotional stress or physical injury,” because the definition is broad and can range from a variety of different events, for the purpose of this paper, the focus will be on neglect trauma in juveniles (Trauma, 2016). Neglect according to the U.S. Department of Health and Human Services is, “the failure of a parent or other person with the responsibility for the child to provide needed food, clothing, shelter, medical care, or supervision such that the child’s health, safety and well-being are threatened with harm” (Kazemian, 2011).
K3 your duty to report any acts or omissions that could infringe the rights of individuals
The Mississippi Department of Human Services (MDHS)- Division of Family and Children’s Service (DFCS) is an agency that serves and protect children and families from neglect, abuse, exploitation, and many more services. Through this department, it provides security and reassurance of stability with a sense of belonging to children and families. In addition, this agency provides many workshops to improve the quality of life for children by focusing on the family’s ability to safely parent their children. In order to fulfill state regulations and requirements when dealing with families and children, drug test and visitations are done to make sure that problems within families are improving. This results in records that are
William admitted himself into the facility on Friday (3-4-16) for crack cocaine use. He admitted to using it and being high around Malik. The reporter did not think the crack cocaine was being made at the home, but William states that Malik knows that he uses it. William stated he was leaving the facility on 3-8-16, and the reporter notes it is not an AMA, although the facility would love for him to stay longer. There is not knowledge of Malik being abuse/neglected when the father is high, but the child states he can not do things he want to do because he would be high. William has custody over Malik, and at the time of intake, Malik was in the care of William's ex-mother in law. This is William's first
Child maltreatment: “Federal law defines child abuse and neglect as any recent act, or failure to act, on the part of a parent or caretaker that results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm to a child” (“Child Abuse and Maltreatment,”
A healing hospital is a healing community providing radical loving care (Journal of Sacred Work, 2009) in a safe environment that focuses on human interaction, interpersonal caring and enhancing the wellbeing of patients, caregivers, and all other members of the healing community. While a healing hospital is, of course, dedicated to providing excellent medical care to its patients (Mercy Gilbert Medical Center, 2012), it is also dedicated to integrating work design and technology (Mercy Gilbert Medical Center, 2012), and ultimately to the overall wellness of every healing community member. Using physical healing, education and supportive human interaction, this care model seeks healing on physical, mental, emotional and spiritual levels for everyone involved in the process (Zarren, n.d., pp. 1-2). The success of this model requires the cooperation of every
The following project, will address the case of Rita and Christiana C . after concern was provided by a neighbor, who reported that 2 years-old, Christina, seemed underweight, neglected and presented facial bruises. She is cared by her currently unemployed single 19 year old mother, Rita C., in a one bedroom apartment in a lower-income neighborhood of Pleasantville, CA. Under these circumstances, a caseworker was assigned by Child Protective Services to visit the home in order to identify the potential impacts and implications for the developmental growth of Christina C. In order to advise Judge Thompson, this project will focus on providing careful explanations that describe the familial and parental characteristics of the socio-cultural environment that favor the removal of Christina from Rita 's custody, followed by the explanation of why the attachment between the parent and child provide reasons that are against the removal of Rita 's custody of Christina, to end on a recommendation on which course of action will best benefit the child.