Article 10-C Destitute Children

Question 1

  FCA 1092(a) T OR F
A destitute child does not fall within the definition of an “abused child” or a “neglected child.”

Answer 1

(T) 1092(a)
This is correct as such terms are defined in FCA Section 1012, subdivisions (e) and (f) respectively.

Question 2

FCA 1093(a) T OR F
Only a commissioner of social services may originate a proceeding under Article 10-C by filing a petition alleging the child is a “destitute child.”

Answer 2

(T) 1093(a) FCA
A commissioner of social services who accepts the care and custody of a child appearing to be a destitute child shall file a petition within 14 days upon the accepting the care and custody of such child.

Question 3

 FCA 1093(b) T OR F
A petition to the family court under Article 10-C shall be filed only in the county where the child resides.

Answer 3

(F) 1093(b) FCA
“Only” makes the statement false. Another possibility is to file in the county where the child is found; provided that upon the motion of any party or the attorney for the child, the court may transfer a petition filed under Article 10-C to a county the court deems to be more appropriate under the circumstances.

Question 4

FCA 1093(c) T OR F
Without exception, the petition shall contain a notice in conspicuous print providing that if the child remains in foster care for 15 of the most recent 22 months, the agency may be required by law to file a petition to terminate parental rights.

Answer 4

(T) 1093(c) FCA
The statement is correct as written.

Question 5

FCA 1093(d) T OR F
Service of a summons and petition shall be made by delivery of a facsimile copy thereof to the person summoned at least 48 hours before the time stated therein for appearance.

Answer 5

(F) 1093(d) FCA
A true copy is required for such service. Also, it must be made at least 24 hours before the time stated for appearance.

Question 6

FCA 1094(a) T OR F
At the initial appearance, the court shall, among other requirements, appoint an attorney to represent the child.

Answer 6

(T) 1094(a) FCA
The court shall appoint an attorney in accordance with section 249 and appoint an attorney to represent a parent, caretaker or interested adult in accordance with section 262(a)(ix) if he or she is financially unable to obtain counsel.

Question 7

FCA 1095(a) T OR F
If any party is or are living but are not present for a fact finding hearing under Article 10-C, the court shall not proceed.

Answer 7

(F) 1095(a) FCA
The court may proceed if every reasonable effort has been made to effect service under section 1093(d).