April 29, 2015
LAWP 250-01: JUVENILE JUSTICE
John F. Cherry
(20 Points)
1. Included in the Interbranch Commission on Juvenile Justice Report (Cash for Kids), and in our
class discussion of the same, the roles of the District Attorney, Public Defender and Probation
Officer were presented. Selecting two out of three of the above, discuss the conduct of each
individual during the time period of the scandal.
Did it honor the oath they took as an attorney or probation officer or did it violate that oath?
(20 points)
2. In Dante M. the Court of Appeals concluded that a finding of neglect could not be based solely
on a newborn’s positive toxicology for cocaine. How then did they justify affirming the lower
Court’s finding of neglect which was based on a finding of positive toxicology alone?
(20 points)
3. In Re: Knowack deals with the appeal by parents of the termination of parental rights. Provide
the facts, issue and Court’s rationale in reaching its decision.
(30 points)
4. Mary is a drug addict whose first child, Baby One, when born, tested positive for cocaine.
Children and Youth (C&Y) took custody of Baby One. After returning to her home, Mary agreed
to follow a Reunification Plan so she may gain custody of Baby One. Mary begins to follow the
plan (D&A treatment, employment, stable housing) and have weekly visitation with the child.
Within two months, Mary fails to follow the plan and in the next six months misses the
Dependency Hearing and the Permanency Review Hearing. With Mary showing little progress
toward the reunification goal, C&Y files for Termination of Parental Rights.
At the Termination Proceeding, the Judge finds as fact that Mary failed to follow any of the
reunification plans. As a result the Court finds, based on “probable cause,” that Mary is unfit to
be a parent and terminates her parental rights to Baby One.
A. On Appeal, Mary argues that the case should be reversed because the trial court erred in
using the improper standard required to be met by C&Y in termination proceedings. As the
Appeals Judge, provide a discussion and decision.
B. Assume, for purposes of Question B only, that the Appeals Court reverses and orders a new
hearing. At the new hearing, Mary argues that she has tried in the past to rehabilitate,
remain drug free, and work. Using the standard recited in several cases, provide one of any
four (4) of the statutory bases of parental unfitness by which the Court could find Mary to
be a fit or an unfit mother. You should not only supply the legal standard but also cite cases
with facts which support your conclusion.
(10 points)
1. Dauphin County Children and Youth Case Worker indicated during her visit that a new rule has
been established by C&Y when caseworkers check a home. What does that new rule now
permit?