Illinois Child Welfare Employee License (CWEL) Practice Test

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What legal standard do judges use at temporary custody/shelter hearings to decide if children should be removed from home for their own protection?

Probable Cause
Preponderance of Evidence
Urgent and Immediate Necessity
Reasonable Doubt

The correct answer is: Urgent and Immediate Necessity

At temporary custody/shelter hearings, judges use the legal standard of "Urgent and Immediate Necessity" to decide if children should be removed from home for their own protection. This standard requires that there be a compelling and immediate need to remove the children from the home to ensure their safety and well-being. The other options are not typically used in these types of hearings: A. Probable Cause is a standard used in criminal law to establish the likelihood that a crime has been committed and that the individual accused is the one who committed the crime. B. Preponderance of Evidence is a standard used in civil cases to determine if one party's version of events is more likely true than not true. D. Reasonable Doubt is a standard used in criminal cases to establish that the prosecution has proven the defendant's guilt beyond a reasonable doubt.