Law and Legal Issues

Performance Outcome 6.1.

Identify causes and prevention of negligence and thereby reduce the incidents of violations resulting in criminal or civil liability in the course of performing one’s duties.

Training Objective Related to 6.1.

1. Given a written or practical exercise, identify:

a. Define civil and criminal liability

b. Civil rights guaranteed residents and staff under state and federal law

c. Behavior that could hold one liable for civil rights violation

d. Guidelines for dissemination of information as it pertains to confidentiality laws (HIPPA, FOIA, etc.)

e. Different types of defenses and resources available against civil liability

f. Define negligence:

1. Types

2. Consequences

g. Procedures for dealing with media.

h. Ways to prevent the occurrence of lawsuits

Criteria: The trainee shall be tested on the following:

6.1.1. Identify civil rights guaranteed to residents and staff

6.1.2. Identify liability in a criminal and civil suit

6.1.3. Identify procedures for dissemination of information as it relates to confidentiality laws

6.1.4. Define negligence

Lesson Plan Guide: The lesson plan shall include the following:

1. Define civil matter.

2. Define criminal matter.

3. Identify and evaluate a situation to determine if it is a civil or criminal matter by complying with statutory definitions of civil vs. criminal.

4. Describe the different types of defenses and resources available against civil liability.

5. Identify behavior which could result in a civil rights violation.

6. Describe the scope of liability in a civil suit.

7. Identify guidelines for dissemination of information as it relates to confidentiality laws.

8. Define negligence;

a. Types

b. Consequences

9. Identify media procedures.

10. Identify ways to prevent lawsuits.

11. Identify the components of the Virginia Court System;

a. Court Services Unit

1. Roles

2. Positions

b. Relationship to treatment      

Performance Outcome 6.2.

Identify due process and legal protections afforded a resident when he violates rules and regulations.

Training Objectives Related to 6.2.

1. Given a written exercise, identify due process and legal protections.

Criteria: The trainee shall be tested and assessed on the following:

6.2.1. Due process and legal protections.

Lesson Plan Guide:  The lesson plan shall include the following:

1. Describe due process;

a. Examples

b. Non-examples

2. Identify legal protection;

a. Physical force

b. Consequences

c. Constitution

d. Law

1. Federal

2. State

e. Negligence

1. Types

2. Occurrence

f. Confidentiality           

g. Liability violation

h. Discrimination

i. Non-discrimination

j. Sanctions

1. Moderate

2. Major

k. Behaviors

1. Moderate offense

2. Major offense

           

Performance Outcome 6.3.

Identify steps in the Juvenile Justice Process.

Training Objectives Relating to 6.3.

1. Given a written or practical exercise, identify the Juvenile Justice Process steps.

Criteria: The trainee shall be tested on the following:

6.3.1. Identify Juvenile Justice Process and procedures.

Lesson Plan Guide: The lesson plan shall include the following:

1. Identify the Juvenile Justice Process and procedures.

Performance Outcome 6.4.

Secure and safeguard a crime scene and to preserve and protect forensic evidence.

Training Objectives Relating to 6.4.

1. Given a written or practical exercise, identify the methods to secure and safeguard a crime scene and  to preserve and protect forensic evidence.

Criteria: The trainee shall be tested on the following:

6.4.1. Identify techniques and procedures for preserving a crime scene and protecting forensic evidence

6.4.2. Identify how to maintain the chain of evidence and why

6.4.3. Recognize an alleged crime and items that constitute evidence

6.4.4. Identify methods for marking, preserving, and transferring evidence

Lesson Plan Guide: The lesson plan shall include the following:

1. Identify techniques and procedures of preserving a crime scene and protecting forensic evidence.

2. Identify the chain of evidence and why it must be maintained.

3. Describe items associated with an alleged crime and those items that constitute evidence.

4. Identify methods for marking and preserving evidence.

5. Identify procedures for transferring evidence to;

a. Proper authorities

b. Evidence custodian

Performance Outcome 6.5.

Identify authority and limitations of Department of Juvenile Justice as constituted by the Code of Virginia and reporting of criminal activity in accordance with 6VAC35-71-75

Training Objectives Relating to 6.5.

1. Given a written or practical exercise, identify:

a. Compare and contrast the rights of residents, staff and citizens

b. Primary function, jurisdiction, and areas of potential mutual juvenile justice agencies assistance

c. Reporting procedures and requirements for criminal activity

Criteria: The trainee shall be tested on the following:

6.5.1. Identify criminal activity reporting procedures in accordance with 6VAC35-71-75

6.5.2. Identify rights of residents, staff, and citizens

6.5.3. Identify primary function, jurisdiction, and areas of potential mutual juvenile justice agencies assistance.

6.5.4. Identify reporting and documenting procedures.

Lesson Plan Guide: The lesson plan guide shall include the following:

1. Describe, compare, and contrast the rights of residents, staff, and citizens.

2. Identify primary function, jurisdiction, and areas of potential mutual juvenile justice agencies assistance of the following;

a. Federal

b. State

c. Local

3. Identify reporting criminal activity procedures in accordance with 6VAC35-71-75

Performance Outcome 6.6.

Demonstrate effective testimony in judicial proceedings.

Training Objectives Relating to 6.6.

1. Given a written or practical exercise, identify:

a. Communication elements needed when presenting effective and accurate testimony

b. Role-play testimony and the ability to listen well while exerting emotional control, and responding accurately and concisely to questions

c. Importance of professional appearance and demeanor

Criteria:  The trainee shall be tested on the following:

6.6.1. Demonstrate communication elements of presenting effective and accurate testimony.

6.6.2. Demonstrate professional appearance and demeanor.

6.6.3. Identify court preparation.

Lesson Plan Guide: The lesson plan guide shall include the following:

1. Identify communication elements required when presenting effective and accurate testimony.

2. Describe the importance of being able to listen well while exerting emotional control when responding accurately and concisely to questions

3. Identify professional appearance and demeanor while presenting/giving testimonial evidence.