Article 10 Volume 3 Flashcards
1031- Originating proceeding to determine abuse or neglect
A proceeding under this article is originated by the filing of a petition alleging __________ or ________
abuse or neglect
1031- Originating proceeding to determine abuse or neglect
Both ______ and _________ may be alleged in the same petition as well multiple children of the respondent
abuse and neglect
1031- Originating proceeding to determine abuse or neglect
At any time the court on its own motion may substitute a neglect petition for an __________ petition if there are no facts to establish abuse
abuse
1031- Originating proceeding to determine abuse or neglect
A proceeding under this article is originated by a child protective agency, and in the case the child was removed prior to the filing of the petition, the petition shall state the ______ and _______ of the removal and the circumstances necessitating such removal
date and time
1031- Originating proceeding to determine abuse or neglect
Where a child has been removed prior to the filing of a petition, the petition alleging abuse or neglect of said child shall state
- the date and time of the _________________,
- the _______________ necessitating such removal,
- the section of the FCA______________ the removal, and
- if the removal occurred without court order, the reason there was not ____________________ to obtain a court order
removal………circumstances…………. authorizing………… sufficient time
1031- Originating proceeding to determine abuse or neglect
A petition alleging abuse shall contain a notice that a finding that a child is severely or repeatedly abused by clear and convincing evidence, could constitute a basis to ___________________
terminate parental rights
1031- Originating proceeding to determine abuse or neglect
If a petition alleges that the respondent has failed to provide education to the child, the petition must recite the efforts made to resolve the issue before filing the petition and why filing a petition is the solution.
1031- Originating proceeding to determine abuse or neglect
If a petition alleges that the respondent has failed to provide education to the child, the petition must recite the efforts made to resolve the issue before filing the petition and why filing a petition is the solution.
**1032- Persons who may originate proceedings
The following may originate a proceeding under this article:**
- A _____________ agency
- A ___________ on the court’s direction
child protective……….. person
1033-Access to the court for the purpose of filing a petition
Any person seeking to file a petition shall have access to the court for that purpose; however a family court judge can require a person to first report to an appropriate child protective agency
1033-Access to the court for the purpose of filing a petition
Any person seeking to file a petition shall have access to the court for that purpose; however a family court judge can require a person to first report to an appropriate child protective agency
1033a- Initial appearance
The initial appearance is the date the respondent first appears before the court after a petition has been filed
1033a- Initial appearance
The initial appearance is the date the respondent first appears before the court after a petition has been filed
1033b- Initial appearance; procedures
At the initial appearance the court shall:
- Appoint an “_________________”
- Advise the respondent of the allegations and the right to an adjournment to obtain counsel
- The recitation of the allegations in the petition can be waived if the respondent’s counsel consents and the respondent has been provided with a copy of the petition and an explanation of the allegations by the counsel. The respondent must acknowledge receipt and explanation.
- Appoint counsel to indigent respondents
- If the child has been removed, advise the respondent of the right to a hearing for the return of the child, and such hearing may be requested at any time
- Inquire with the child protective agency if they intend on proving by____________________ that the child is severely and repeatedly abused
attorney for the child ……… clear and convincing evidence
1034- Power to order investigations
A family court judge may order the child protective service to conduct a child protective investigation and report its findings to the court in any proceeding under this article or simply to determine whether a petition should be filed
1034- Power to order investigations
A family court judge may order the child protective service to conduct a child protective investigation and report its findings to the court in any proceeding under this article or simply to determine whether a petition should be filed
1034- Power to order investigations
Before a petition is filed if it is suspected a child’s life may be in danger, the child protective services may seek a court order to have the parent or other person responsible for their care of the child, produce the child at a designated location and time for an interview of the child and observation of the child’s condition, outside the presence of the parent when:
- There is a report of suspected abuse or maltreatment
- The investigator has been unable to locate the child or any other children or has been denied access to the children
- There has been notice given to the parent or other person responsible for the child’s care that a denial of access to the children may result in an immediate court order to gain access to the children
1034- Power to order investigations
Before a petition is filed if it is suspected a child’s life may be in danger, the child protective services may seek a court order to have the parent or other person responsible for their care of the child, produce the child at a designated location and time for an interview of the child and observation of the child’s condition,outside the presence of the parent when:
- 1. There is a report of suspected abuse or maltreatment
- 2. The investigator has been unable to locate the child or any other children or has been denied access to the children
- 3. There has been notice given to the parent or other person responsible for the child’s care that a denial of access to the children may result in an immediate court order to gain access to the children
1034- Power to order investigations
- Before the petition is filed and if there is probable cause to believe that an abused or neglected child may be found on the premises, child protective services may seek an order allowing them to enter the home to determine if the child is present and evaluate their home environment.
The procedure for granting such an order shall be the same as for a __________ in the CPL very interesting, stump your friends with that one lol - The court shall be available for such requests made orally or in writing by the social services district “____________ “ , in person when the family court is open or by telephone to a family court judge when the court is not open
search warrant ……. AT ALL HOURS
1034- Power to order investigations
While the request is being made, law enforcement shall remain at the location where the children are suspected to be if law enforcement assistance has been requested, however they shall not enter the premises without a ____________ or constitutional basis for such entry
search warrant
1034- Power to order investigations
Where the court issues an order under this section, the child protective investigator within ____________ shall prepare a report to the court detailing his findings and actions taken
THREE (3) BUSINESS DAYS
1035- Issuance of summons; notice to certain interested persons and intervention
Where a petition has been filed where a child has been removed, unless a warrant is issued, the court shall cause a copy of the petition and a summons to be issued _______________ the petition is filed, clearly marked on its face “Child Abuse Case” requiring the parent or other person responsible for the child’s care to appear at the court within ______________ to answer the petition unless a shorter time for a hearing to occur is prescribed
the same day……….. THREE (3) COURT DAYS
1035- Issuance of summons; notice to certain interested persons and intervention
In a proceeding to determine abuse or neglect, the summons shall contain a statement informing the respondent that the proceeding itself or if the child is placed and remains in foster care for _________ of the most recent _______________ , may lead to the filing of a petition for the termination of the respondents parents parental rights
FIFTEEN (15) ……… TWENTY TWO (22) MONTHS
1035- Issuance of summons; notice to certain interested persons and intervention
Where a petition has been filed where a child has not been removed, the court shall forthwith cause a copy of the petition and a summons to be issued, clearly marked on its face “Child Abuse Case” requiring the parent or other person responsible for the child’s care to appear at the court within _____________ to answer the petition and may require the person summoned to produce the child at the time and place named
SEVEN (7) COURT DAYS
1035- Issuance of summons; notice to certain interested persons and intervention
- CHILD REMOVED = APPEAR IN ________ COURT DAYS
- CHILD NOT REMOVED = APPEAR IN ___________ COURT DAYS
Three (3)……… seven (7)
1035- Issuance of summons; notice to certain interested persons and intervention
Where the respondent is not the child’s parent, service of the summons and petition must also be made upon both the_____________
child’s parents.
1035- Issuance of summons; notice to certain interested persons and intervention
- Where only one of the child’s parents is the respondent, service of the summons and petition shall also be ordered on the child’s other parent.
- The summons and petition shall also be accompanied by a “notice of pendency” of the child protective proceeding advising that they have the right to appear and participate in the proceeding as an interested party intervenor, and to seek temporary and permanent release of the child or custody of the child and participate for such.
- The notice shall also advise the parent of the right to counsel, or assigned counsel if they are indigent
1035- Issuance of summons; notice to certain interested persons and intervention
- Where only one of the child’s parents is the respondent, service of the summons and petition shall also be ordered on the child’s other parent.
- The summons and petition shall also be accompanied by a “notice of pendency” of the child protective proceeding advising that they have the right to appear and participate in the proceeding as an interested party intervenor, and to seek temporary and permanent release of the child or custody of the child and participate for such.
- The notice shall also advise the parent of the right to counsel, or assigned counsel if they are indigent
1035- Issuance of summons; notice to certain interested persons and intervention
Upon good cause, the court may order a 1034 investigation pursuant to whether a petition should be filed naming such parent or parents as ___________
respondents
1035- Issuance of summons; notice to certain interested persons and intervention
If the child must be removed from their home the court may order an investigation to determine whether the non-respondent parent or parents would be suitable _____________ for the child
custodians
1035- Issuance of summons; notice to certain interested persons and intervention
if the child is placed and remains in foster care for __________ of the most recent ____________ months, the agency may be required by law to file a petition for termination of the parental rights of the parent or parents and commitment of guardianship and custody of the child for the purposes of adoption, even if the parent or parents were not named as a respondent or as respondents in the child abuse or neglect proceeding.
Fifteen ………..twenty-two
1035- Issuance of summons; notice to certain interested persons and intervention
Upon consent of the child’s parent appearing in the proceeding, or where such parent has not appeared then without such consent, an adult sibling, grandparent, aunt, or uncle of the child who is not named as a respondent in the petition may intervene in the proceeding to seek temporary or permanent custody of the child.
1035- Issuance of summons; notice to certain interested persons and intervention
Upon consent of the child’s parent appearing in the proceeding, or where such parent has not appeared then without such consent, an adult sibling, grandparent, aunt, or uncle of the child who is not named as a respondent in the petition may intervene in the proceeding to seek temporary or permanent custody of the child.
1035- Issuance of summons; notice to certain interested persons and intervention
(Bard) If the court believes that the school district or local educational agency can help resolve an education-related allegation in a child protective proceeding, the court may notify the school district or local educational agency and give them an opportunity to be heard.
1035- Issuance of summons; notice to certain interested persons and intervention
(Bard) If the court believes that the school district or local educational agency can help resolve an education-related allegation in a child protective proceeding, the court may notify the school district or local educational agency and give them an opportunity to be heard.
1036- Service of summons
In cases involving _____________ the petition and summons shall be served within ____________ after their issuance. If they cannot be served within that time such facts must be reported to the court within __________ after their issuance, and the court shall thereafter issue a warrant unless process is sent without the state
abuse…………. TWO (2) COURT DAYS…… THREE (3) COURT DAYS
1036- Service of summons
Service of the summons and petition shall be made by delivery of a true copy to the person summoned at least ____________ before the time stated therein for appearance
TWENTY FOUR (24) HOURS
1036- Service of summons
- In cases involving either abuse or neglect, the court may send process outside of the state in the same manner and with the same effect as process sent within the state to exercise personal jurisdiction of a person subject to the jurisdiction of the court
In cases involving ______________ where service upon a non resident is required; such service shall be made within ___________ after its issuance
abuse ………………….. TEN (10) DAYS
1036- Service of summons
- If after reasonable efforts service is not made, the court may at any stage make an order providing for ______________
substitute service
1037- Issuance of warrant and reports to court
The court may issue a warrant directing the parent or other person responsible for the child’s care to be brought before the court when:
- The summons cannot be served
- The person has refused to obey the summons
- The parent or other person is likely to leave the jurisdiction
- The summons in the court’s opinion would be ineffectual
- The safety of the child is __________
- The safety of a parent, person legally responsible for the child’s care, foster parent or temporary custodian is ___________
Endangered………….. endangered
1037- Issuance of warrant and reports to court
In cases involving abuse the warrant shall be clearly marked on the face thereof “Child Abuse Case”. If a warrant is not executed within ___________ of its issuance, such fact shall be reported to the court within ____________ of its issuance
TWO (2) COURT DAYS………. THREE (3) COURT DAYS
1037- Issuance of warrant and reports to court
The warrant shall also indicate that a proceeding could lead to _______________
termination of parental rights
1038- Records and discovery involving abuse and neglect
- Hospitals and other private agencies having custody of records relating to abuse or neglect upon subpoena of the court shall be required to send such records.
- Service of any such subpoena on a hospital may be made by __________ mail, return receipt requested, to the director of the hospital.
certified
1038- Records and discovery involving abuse and neglect
- A petitioner or social services official shall provide to a respondent or the child’s attorney any records, photographs or other evidence demanded relevant to the proceeding, for inspection and photocopying.
- The petitioner or social services official may delete the identity of the persons who filed reports unless such petitioner or official intends to offer such reports into _______________ at a hearing held pursuant to this article.
- The petitioner or social services official may move for a _________________ to withhold such records if the disclosure of which is likely to endanger the life or health of the child
evidence …………. protective order
1038- Records and discovery involving abuse and neglect
- An examination or interview, other than a physical exam of a child who is subject to a proceeding involving the __________ of the child may in the discretion of the court be videotaped
- (Bard) A ______________ statement confirming that a videotape is a complete and unaltered videographic record of an examination must be submitted to the court before it can be admitted into evidence.
sexual abuse …… verified
1038a Discovery; upon court order
Upon motion of a petitioner or “attorney for the child”, the court may order a respondent to provide non-testimonial evidence such as blood, urine, hair etc., if there is _____________ the evidence is related to establishing the allegations in the petition
probable cause
1039- Adjournment in contemplation of dismissal
Prior to or upon the fact finding hearing, the court may, upon motion of the _________________, with the consent of the respondent and child’s attorney, or upon the court’s own motion with the consent of the petitioner, respondent and child’s attorney order the proceeding be “adjourned in contemplation of dismissal”
petitioner
1039- Adjournment in contemplation of dismissal
Such an ACOD is an adjournment of the proceedings for a period not to exceed ____________ .
Upon the consent of the petitioner, respondent and child’s attorney, the court may issue an order extending such period for a time agreeable by the parties
ONE(1)YEAR
1039- Adjournment in contemplation of dismissal
If as a condition of such order the child and the respondent are to be under the supervision of the child protective agency, then such agency shall make progress reports to the court no later than __________ after the issuance of such order unless the court determines reports are not required
NINETY (90) DAYS
1039- Adjournment in contemplation of dismissal
A proceeding to restore the matter to the calendar for failure of the respondent to observe the terms or conditions may take place. If the matter is restored a fact finding hearing shall take place within ___________ after such application
SIXTY(60)DAYS
1039- Adjournment in contemplation of dismissal
If the proceeding is not restored to the calendar, the petition is, at the expiration of the adjournment period, deemed to have been dismissed by the court in _____________
furtherance of justice
1039a- Procedures following adjournment in contemplation of dismissal
The local child protective service shall notify the child’s attorney of an indicated report of ______________ or ____________ during an ACOD
child abuse or maltreatment
1039b- Termination of reasonable efforts
The social services official may file a motion upon notice requesting a finding that reasonable efforts to return the child to his or her home are no longer required where:
- The parent of the child has subjected the child to aggravated circumstances
- the parent of such child has been convicted of murder 1 or 2 or voluntary manslaughter 1 and 2 and the victim was another child of the parent
or the parent such child has been convicted of an attempt to commit any of the foregoing crimes or criminal solicitation, conspiracy, facilitating any of the foregoing crimes, and the victim or intended victim was the child or another child of the parent;
- The parent of such child has been convicted of assault 1 or 2 aggravated assault upon a person less than eleven years old which resulted in serious physical injury to the child or another child of the parent
- The parental rights of the parent to a sibling of such child have been involuntarily terminated
1039b- Termination of reasonable efforts
The social services official may file a motion upon notice requesting a finding that reasonable efforts to return the child to his or her home are no longer required where:
- The parent of the child has subjected the child to aggravated circumstances
- the parent of such child has been convicted of murder 1 or 2 or voluntary manslaughter 1 and 2 and the victim was another child of the parent
the parent such child has been convicted of an attempt to commit any of the foregoing crimes or criminal solicitation, conspiracy, facilitating any of the foregoing crimes, and the victim or intended victim was the child or another child of the parent; - The parent of such child has been convicted of assault 1 or 2 aggravated assault upon a person less than eleven years old which resulted in serious physical injury to the child or another child of the parent
- The parental rights of the parent to a sibling of such child have been involuntarily terminated
1039b- Termination of reasonable efforts
If the court determines that reasonable efforts are not required because of one of the grounds set forth above, a permanency hearing shall be held within _______________ of that finding to determine where to place the child
Thirty (30) days
1040- Notice and right to be heard
- The foster parent, pre adoptive parent or relative caring for the child is entitled to a notice of and a right to be heard at a permanency hearing
- Failure to appear shall constitute a ___________ of the right to be heard and shall not delay the hearing or invalidate any order issued.
waiver
