Term
What is voluntary Relinquishment? |
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Definition
A parrent may voluntarially relinquish or surrender the right to raise a child. Relinquishment for the purposes of adoption generally occurs by consent or surrender. Consent: a parrent gives consent for their child to be adopted by another person- they typically know the adoptive family. Surrender: a parrent voluntarially agrees to the adoption of his or her child but does not know the adoptive parrents. |
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Term
What is the standard in Nebraska for terminating parental Rights? |
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Definition
clear and convincing evidence |
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Term
What is required to be given to both parrents prior to adoption going forward? |
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Definition
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Term
What is notice by publication? |
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Definition
printing the hearing in the news papaer |
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Term
What court is granted exclusive jurisdiction for adoption of native american children under the indian child welfare act? |
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Definition
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Term
How long do you have to be a nebraska resident for the court to have jurisdiction over a divorce action? |
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Definition
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Term
What is the uniform child custody jurisdiction act and what is its purpose? |
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Definition
childs home state has jurisdiction over their case, formalize which state has jurisdiction over a case |
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Term
Under the UCCJA, how long does a child generally have to be living in the state for the state to have jurisdiction? |
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Definition
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Term
In Nebraska, how is child support calculated? |
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Definition
compars both parrents income, factors can include health insc costs, student loans, support for other children, substantial fluxuations in income over the last 3 years, retirement plan contributions, who claims the child for taxes |
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Term
Under what circumstances can a child support order be changed? |
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Definition
"material change" loss of job etc |
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Term
Is fault required to be proved in a Nebraska divorce action? |
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Definition
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Term
Is a parenting plan always required in Nebraska divorce cases? |
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Definition
Not if you dont have kids. |
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Term
Is Nebraska a community property state? if not what is the standard for division of property? |
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Definition
no- "equitable" division of property, pre-marital and "gift" assets are taken into consideration |
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Term
What is the overreaching standard the courts apply when determining custody in Nebraska? |
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Definition
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Term
What is the difference between a Guardian at Litem and an attourney for a child? |
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Definition
gal can be psychologist, sw or att, court apointed attfor child is gal |
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Term
How many years does a father have to establish paternity in Nebraska? |
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Definition
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Term
What types of discrimination occur in education? |
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Definition
race, wealth (defacto), disability, sex, religion |
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Term
What is the difference between de facto segregation and de jure segregation? |
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Definition
blatant/facts (ie 90% of area aa) by law (ie aa must go to school here) |
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Term
Are children of illegal aliens entitled to the same education as children of citizens? |
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Definition
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Term
What is the main factor in wealth discrimination? |
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Definition
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Term
Under what circumstances can a school be held liable for student-on-student sexual harassment? |
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Definition
if they have knowlege and faild to act on improving a hostile enviornment |
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Term
What is the coppulsory age of education in Nebraska? |
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Definition
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Term
What is the standard applied to schools for discipline of students? |
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Definition
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Term
What constitutional right is invoked through expulsion or lengthy suspension form school? |
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Definition
The due process clause of the Fourteenth Amendment to the United States Constitution states"....nor shall any State deprive any person of life, liberty, or property, without due process of law...." school board members and school administrators act under the color of state law so whenever a liberty or property interest of a student is involved, the student must be given the basic due process rights guaranteed by the U.S. Constitution. |
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Term
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Definition
Disabilityaccomidations/ ADA |
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Term
What is meant by "appropriate" education? |
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Definition
reasonable accomidations/ as long as the student is learning and progressing |
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Term
IDEA requires what standard for the educational for the enviornement for the disabled student? |
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Definition
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Term
Why are involunatiry commitments considered quasi-criminal court actions? |
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Definition
The rules of evidence apply and things inadmissable in criminal court are inadmisable in this trial- |
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Term
What is the legal standard for involuntairy commitmant? |
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Definition
Clear and Convincing Evidence |
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Term
After an EPC, how long before a Mental Healthy Evaluation is required? |
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Definition
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Term
How long after a MHE is a mental health certificate required? |
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Definition
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Term
How long does a facility have to act on a written request for discharge from a person voluntarially committed? |
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Definition
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Term
If a law enforcment officer takes a person into custody and has probable cause to believe they are mentally ill and dangerous, what must that officer do with that person? |
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Definition
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Term
What is the makeup of the mantal health board? |
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Definition
Psyc. Social Worker, Psych Nurse, lay person, social worker |
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Term
Does the subject of the petition have a right to have legal council? |
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Definition
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Term
What is the public policy preference in Nebraska for mentally ill and dangerous persons? |
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Definition
get them help- the may not be capable of doing what is in their best intrest |
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Term
What is the trent toward the use of restraint and seclusion |
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Definition
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Term
What has the US Supreme court ruled with regard to persons who are incompetent to stand trial and indefinate commitment? |
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Definition
Can not be commited indefinately, need a treatment plan |
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Term
What is the legal presumption for minors and adults when it comes to competency? |
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Definition
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Term
Are financial institution required to accept a power of attourney for transactions of behalf of an incopetent person? |
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Definition
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Term
What does the anti-dumping statute require from health care facilities? |
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Definition
health care facilities cant discriminate, and must treat if it is an emergency |
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Term
What is the standard for informed consent? |
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Definition
person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. The individual needs to be in possession of relevant facts and also of his or her reasoning faculties, such as not being mentally retarded or mentally ill and without an impairment of judgment at the time of consenting. Such impairments might include illness, intoxication, insufficient sleep, and other health problems |
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Term
What are the potential consiquences for treatment without informend consent? |
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Definition
loss of licensing liable for malpractice and assault and batter |
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Term
Name the three main exceptions to the informed consent requirement. |
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Definition
intoxication mental illness/retardation clt unable to respond to approve life saving treatment due to being unconscious |
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Term
What is a substituted judgement test? |
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Definition
if they are incompetent, the average persons choice is replace |
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Term
Name four exceptions to the rule that minors cannot give informent consent? |
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Definition
emancapated emergeny older adults minor things bandaids etc |
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Term
What constitutional right was determined to have been violated by a Connecticut law forbidding a married coupple form using birth controll? |
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Definition
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Term
Social workers in Nebraska are generally regulated by the following: |
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Definition
ULL, NASW Code of Ethics, any applicable statutes |
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Term
At a hearing, unprofessional conduct can be in several forms, name three: |
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Definition
knowingly providing false info knowingly placing false info in a clients records failing to cooperate in a timely manner |
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Term
T or F: the following are examples of improper disclosures of professional communications: a: telling your spouse about a communication by a client except when the spousal privlidge exists b: simply acknowleges to a third party that someone is infact a client of yours |
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Definition
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Term
The duty to protect disclosures of a client during professions communication ends when: |
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Definition
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Term
The following are record keeping errors except: a: drawing one line through corrected material on a record b: making a late entry without indicating the date and time c: putting a different date on the record as long as there was no fradulent intent d: erasing all signs of mistakes in the record e: failure to document all appropriate safeguards were taken |
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Definition
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Term
when different standards apply to a profession, which standards should a liscensee comply with? |
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Definition
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Term
What two principles are served by the uniform liscensing law? |
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Definition
protect clients rights, establish guidlines, protect sw enforce |
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Term
name two reasons why rules for the protection of clients are written into the statutes, regulations and code of ethics for social workers |
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Definition
to protect clients rights and to give social workers boundaries |
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Term
whos intrest does good record keeping protect |
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Definition
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Term
What should you do if you have questions about a subpoena for client records you recieve? |
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Definition
call the attourney assigned to the case |
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Term
In Nebraska Dual relationships are allowed if: |
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Definition
depends on the dual relationship, cant always be avoided in rural areas, worker must protect clts anonymity and maintain professional in both roles, worker may never date or have relations with a client |
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Term
In Nebraska, when is it improper to have a sexually intimate relationship with a client? |
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Definition
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Term
when dealing with attourneys, it is important to: a make sure your vaccinations are up to date b make sure your wallett is securely closed c ask him or her to repeat it in english if you dont understand d expect and give respect |
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Definition
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