Child Welfare Law
Child Welfare Law Exam Structure
- The child welfare law exam is offered at the State Bar building in Raleigh or with ExamSoft Remote Proctoring (preferred).
- Four 90-minute modules (six hours long).
- Exam Sessions will begin around 8 AM and finish prior to 5 PM.
Morning Module 1
- Includes 50 objective (multiple choice) questions.
Morning Module 2
- Includes 50 objective (multiple choice) questions.
60-minute lunch break
Afternoon Module 1
- Includes one long essay question.
- Includes ten short answer questions.
Afternoon Module 2
- Includes one long essay question.
- Includes ten short answer questions.
All questions are allocated "points" and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principle of law involved, and correct application of those principles. Full or partial credit for essay and short answer questions may be given.
Study tips:
Read Chapter 7B, Articles 1-12, Article 29, and Article 38.
Review the 2022 Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina Manual published by the UNC School of Government.
Read 10A NCAC 70A,
Read Chapter 131-D Article 1A
The chart below shows the exam content categories and distribution of questions covering each topic:
Child Welfare Law Exam Topics
|
Hearings |
|
|
Nonsecure and Temporary Custody
Aspects of Adjudication and Its Consequences
Dispositional Hearings and Alternatives
Termination of Parental Rights (TPR) Procedure, Grounds Phase, Best Interests Phase and Legal Consequences
Post TPR/Relinquishment, Adoption, Reinstatement of Parental Rights |
30% of Exam Topics Estimated 1 essay, 4 short answer and 30-35 multiple choice questions |
|
Procedure |
|
|
Jurisdiction, Venue, Overlapping Proceedings
Procedures Regarding the Petition, Summons and Service
How a Case Enters the Court System
Parties, Appointment of Counsel, and Guardians ad Litem
Applicability of Rules of Evidence and Evidentiary Standards
Responsible Individuals List
Appealable Orders, Notices of Appeal and Expedited Appeals |
25% of Exam Topics Estimated 1 essay, 4 short answer and 20-25 multiple choice questions |
|
Sources of Legal Authority |
|
|
State and Federal Sources of Authority: Laws, Rules, Policy and Funding
Relevant Federal Laws Including, but not limited to, the Uniform Child Custody Jurisdiction Enforcement Act, the Interstate Compact on the Placement of Children and the Indian Child Welfare Act
Substance Abuse, MH and HIPPA records
|
15% of Exam Topics Estimated 3 short answer, and 15-20 multiple choice questions |
|
Constitutional Issues |
|
|
The Constitutional Rights of Parents and Children and Requirements of State Intervention |
15% of Exam Topics Estimated 4 short answer, and 10-15 multiple choice questions |
|
Legal Decision Making and Balancing Rights of Parties Post-Adjudication |
|
|
Visitation and Trial Home Placement
Medical Decision Making
Reasonable, Prudent Parent Standard (Normalcy)
Permanency Outcomes
Voluntary Placements of Juveniles and Foster Care (ages 18-21) |
10% of Exam Topics Estimated 4 short answer, and 5-10 multiple choice questions |
|
Ethics |
|
|
Confidentiality and Information Sharing |
5% of Exam Topics Estimated 1 short answer, and 5-10 multiple choice questions |
Exam Summary excerpted from 27 N.C.A.C. 1D, Rules of the Standing Committees of the North Carolina State Bar:
.3405 Standards for Certification as a Specialist in Child Welfare Law
(e) Examination - The applicant must pass a written examination designed to test the applicant's knowledge and ability in child welfare law.
1) Terms - The examination shall be in written form and shall be given annually. The examination shall be administered and graded uniformly by the specialty committee.
2) Subject Matter - The examination shall cover the applicant's knowledge and application of the law relating to abuse, neglect, dependency, and termination of parental rights, child custody, adoptions, and education law including, but not limited to, the following:
A. State and Federal Sources of Authority: Laws, Rules, and Policy
B. The Constitutional Rights of Parents and Children and Requirements of State Intervention
C. Jurisdiction, Venue, Overlapping Proceedings
D. Procedures Regarding the Petition, Summons and Service
E. How a Case Enters the Court System
F. Responsible Individuals List
G. Parties, Appointment of Counsel, and Guardians ad Litem
H. Purpose and Requirements of Temporary and Nonsecure Custody
I. Aspects of Adjudication and Its Consequences
J. Dispositional Hearings and Alternatives
K. Visitation
L. Permanency Outcomes
M. Voluntary Placements of Juveniles and Foster Care (ages 18-21)
N. Termination of Parental Rights (TPR) Procedure, Grounds Phase, Best Interests Phase and Legal Consequences
O. Post TPR/Relinquishment, Adoption, Reinstatement of Parental Rights
P. Applicability of Rules of Evidence and Evidentiary Standards
Q. Appealable Orders, Notices of Appeal and Expedited Appeals
R. Relevant Federal Laws Including, but not limited to, the Uniform Child Custody Jurisdiction Enforcement Act, the Interstate Compact on the Placement of Children and the Indian Child Welfare Act
S. Confidentiality and Information Sharing