Article 10 Volume 4

Question 1

1041- Required findings concerning notice

No fact finding hearing may commence without the parent or other person responsible for child’s care being present and being served a copy of the petition, or if not, then a determination that every_______________ has been made to effectuate service

Answer 1

reasonable effort

Question 2

1042- Effect of absence of parent or other person responsible for care

If the parent or other person responsible for the child’s care is not present, the court may only hear the petition if the child is _____________ .

Answer 2

represented by counsel

Question 3

1042- Effect of absence of parent or other person responsible for care

Any order of disposition on default will be served upon the parent or other person who has_________ to move to vacate the order of disposition and schedule a rehearing. Such motion will be granted upon a meritorious defense to the petition, and may be denied upon a finding by the court that the parent or other person willfully failed to appear at the hearing

Answer 3

ONE (1) YEAR

Question 4

1043- Hearings not open to the public

The general public (MAY/SHALL) be excluded from any hearing under this article

Answer 4

MAY

Question 5

1044- Definition of “fact-finding hearing”

The fact finding hearing is a hearing to determine whether the child is an __________ or __________ child

Answer 5

abused or neglected

Question 6

1045- Definition of “dispositional hearing”

The dispositional hearing is a hearing to determine what order of _________ should be made

Answer 6

disposition

Question 7

1046- Evidence

In a fact finding hearing any determination that the child is an abused or neglected child must be based on a “___________________ “. Only ________________________ evidence may be admitted

Answer 7

preponderance of the evidence………… competent, material and relevant

C MR POE

Question 8

1046- Evidence

Whenever a determination of severe or repeated abuse is based upon “___________________ “, the fact finding order must state so

Answer 8

clear and convincing evidence

CCE

Question 9

1046- Evidence

In a dispositional hearing and during all other stages of a proceeding under this article, except fact-finding and permanency hearings and all other proceedings under article ten-A of this act, only _________________ evidence may be admitted.

Answer 9

material and relevant

Question 10

1046- Evidence

• FACT FINDING = ___________
• DISPOSITIONAL = __________

Answer 10

C MR POE ………. MR

Question 11

1046- Evidence

(NEW) A child cannot be declared an abused or neglected child solely on the fact that the Person Legally Responsible for them __________

Answer 11

smokes marijuana.

Question 12

1046- Evidence

My gut tells me to read over the types of evidence that can be submitted. I wouldn’t go crazy memorizing it all, but just have a general idea:

• Proof of the abuse or neglect of one child shall be admissible evidence on the issue of the abuse or neglect of any other child of, or the legal responsibility of, the respondent;
• Proof of injuries sustained by a child that would not ordinarily occur absent acts or omissions of the parent/PLR is prima facie evidence of child abuse or neglect.
• Repeated misuse of drugs or alcohol by a parent or guardian resulting in an altered state of consciousness, impairment of judgment, or a substantial manifestation of irrationality is prima facie evidence of child neglect, unless the parent or guardian is voluntarily participating in a recognized rehabilitative program.
• The use of cannabis by itself is not sufficient to establish prima facie evidence of neglect
• A writing, record, or photograph made in the regular course of business by a hospital or other agency is admissible in evidence in a child abuse or neglect proceeding. It may be certified by an official of the hospital or their delegate
• Any report filed with the statewide central register of child abuse and maltreatment by a person or official required to do so shall be admissible in evidence
• Previous statements made by the child relating to any allegations of abuse or neglect shall be admissible in evidence, but if uncorroborated, such statements shall not be sufficient to make a fact-finding of abuse or neglect. The testimony of the child shall not be necessary to make a fact-finding of abuse or neglect
• The privilege attaching to the following confidential communications shall not be a ground for excluding evidence which otherwise would be admissible:
• husband and wife
• physician-patient
• psychologist-client
• social worker-client
• rape crisis counselor-client
• Proof of “impairment of emotional health” or “impairment of mental or emotional condition due to a parent’s inability to care for a child can include expert testimony and evidence that the impairment lessened when the child was in the care of another person or agency.

Answer 12

1046- Evidence

My gut tells me to read over the types of evidence that can be submitted. I wouldn’t go crazy memorizing it all, but just have a general idea:
Proof of the abuse or neglect of one child shall be admissible evidence on the issue of the abuse or neglect of any other child of, or the legal responsibility of, the respondent;
Proof of injuries sustained by a child that would not ordinarily occur absent acts or omissions of the parent/PLR is prima facie evidence of child abuse or neglect.
Repeated misuse of drugs or alcohol by a parent or guardian resulting in an altered state of consciousness, impairment of judgment, or a substantial manifestation of irrationality is prima facie evidence of child neglect, unless the parent or guardian is voluntarily participating in a recognized rehabilitative program.
The use of cannabis by itself is not sufficient to establish prima facie evidence of neglect
A writing, record, or photograph made in the regular course of business by a hospital or other agency is admissible in evidence in a child abuse or neglect proceeding. It may be certified by an official of the hospital or their delegate
Any report filed with the statewide central register of child abuse and maltreatment by a person or official required to do so shall be admissible in evidence
Previous statements made by the child relating to any allegations of abuse or neglect shall be admissible in evidence, but if uncorroborated, such statements shall not be sufficient to make a fact-finding of abuse or neglect. The testimony of the child shall not be necessary to make a fact-finding of abuse or neglect
The privilege attaching to the following confidential communications shall not be a ground for excluding evidence which otherwise would be admissible:
husband and wife
physician-patient
psychologist-client
social worker-client
rape crisis counselor-client
Proof of “impairment of emotional health” or “impairment of mental or emotional condition due to a parent’s inability to care for a child can include expert testimony and evidence that the impairment lessened when the child was in the care of another person or agency.

Question 13

1047- Sequence of hearings

The dispositional hearing (MAY/SHALL) commence immediately after the fact finding hearing

Answer 13

MAY

Question 14

1047- Sequence of hearings

• All reports prepared by the probation service shall be deemed confidential and subject to disclosure. After completion of the fact finding hearing and prior to the dispositional hearing, the reports will be made available by the court for copying upon all counsel
• The court can decide not to disclose parts of a report that are not relevant, confidential, or not in the best interests of the child.
• If the court decides not to disclose parts of a report, it must state the reasons for its decision on the record and the decision can be reviewed on appeal.
• Such reports may be used for the dispositional hearing only and not provided to the court prior to the completion of the fact finding hearing

Answer 14

1047- Sequence of hearings

• All reports prepared by the probation service shall be deemed confidential and subject to disclosure. After completion of the fact finding hearing and prior to the dispositional hearing, the reports will be made available by the court for copying upon all counsel
• The court can decide not to disclose parts of a report that are not relevant, confidential, or not in the best interests of the child.
• If the court decides not to disclose parts of a report, it must state the reasons for its decision on the record and the decision can be reviewed on appeal.
• Such reports may be used for the dispositional hearing only and not provided to the court prior to the completion of the fact finding hearing

Question 15

1048- Adjournments

The fact finding hearing or dispositional hearing may be adjourned for good cause shown upon motion of any party or the court’s own motion

Answer 15

1048- Adjournments

The fact finding hearing or dispositional hearing may be adjourned for good cause shown upon motion of any party or the court’s own motion

Question 16

1048- Adjournments

If requested by the parent or other person responsible for the child’s care, the court shall not proceed with the fact finding hearing earlier than_______________ after service of the summons and petition

Answer 16

THREE (3) DAYS

Question 17

1048- Adjournments

• {The court may order a reasonable adjournment of the proceedings after a fact-finding hearing to make inquiry into the surroundings, conditions, and capacities of the persons involved.
• Any agency or institution that has been caring for a child who has been remanded to their care must be served with notice of any dispositional hearing and adjourned hearing and may apply to the court for leave to be heard.}

Answer 17

1048- Adjournments

• {The court may order a reasonable adjournment of the proceedings after a fact-finding hearing to make inquiry into the surroundings, conditions, and capacities of the persons involved.
• Any agency or institution that has been caring for a child who has been remanded to their care must be served with notice of any dispositional hearing and adjourned hearing and may apply to the court for leave to be heard.}

Question 18

1049- Special consideration in certain cases

In scheduling hearings and investigations, the court shall give priority to proceedings involving ________ or in which a child has been __________ from the home before a final order of disposition and any adjournment granted in the course of such a proceeding should be for as short a time as is practicable.

Answer 18

Abuse…….. removed

Question 19

1051- Sustaining or dismissing petition

If facts sufficient to sustain the petition are established, or if all parties and the “attorney for the child” consent, the court shall enter an order finding that the child is an abused or neglected child

Answer 19

1051- Sustaining or dismissing petition

If facts sufficient to sustain the petition are established, or if all parties and the “attorney for the child” consent, the court shall enter an order finding that the child is an abused or neglected child

Question 20

1051- Sustaining or dismissing petition

If the proof does not conform to the specific allegations of the petition, the court may __________ the allegations to conform to the proof and give the respondent time to answer the amended allegations

Answer 20

amend

Question 21

1051- Sustaining or dismissing petition

If facts sufficient to sustain the petition are not established, the court shall ________ the petition

Answer 21

DISMISS

Question 22

1051- Sustaining or dismissing petition

If the court makes a finding of abuse or neglect, it shall determine whether a preliminary order pursuant to FCA1027 (removal of the child) is required to protect the child’s interest pending a final order of disposition

Answer 22

1051- Sustaining or dismissing petition

If the court makes a finding of abuse or neglect, it shall determine whether a preliminary order pursuant to FCA1027 (removal of the child) is required to protect the child’s interest pending a final order of disposition

Question 23

1051- Sustaining or dismissing petition

NEW: If the court makes a finding of abuse it must specify the sections of this act that have been established. If the court makes a finding of __________ , it must make a further finding of the specific sex offense as defined in Article 130 of the Penal law

Answer 23

sexual abuse

Question 24

1051- Sustaining or dismissing petition

• The court may also make a finding of severe or repeated abuse upon which shall be admissible in a proceeding to____________ .
• If the court makes such additional finding, the court shall state the grounds for its determination, which shall be based upon___________________.

Answer 24

Terminate parental rights…………. clear and convincing evidence

Question 25

1051- Sustaining or dismissing petition

• Before accepting an admission to an allegation, the respondent shall be informed that it will result in the court making a fact finding order and the consequences of such an order
• Any finding upon such an admission or consent made without such notice being given by the court shall be _________ upon motion of any party.
• Only the _________ themselves can make an admission of neglect or abuse, no other person

Answer 25

Vacated ……… respondent

Question 26

1052- Disposition on adjudication.

At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:

• 1. Suspending judgment
• 2. Releasing the child to the custody of his parents or person responsible for their care
• 3. Placing the child
• 4. Making an order of protection
• 5. Releasing the child to the respondent or placing the respondent under supervision of child protective agency
• 6. Granting custody of the child to a respondent parent, relatives or suitable persons
• 7. NEW: Granting custody of the child to a non-respondent parent or parents

Answer 26

1052- Disposition on adjudication.

At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:

• 1.Suspending judgment
• 2. Releasing the child to the custody of his parents or person responsible for their care
• 3. Placing the child
• 4. Making an order of protection
• 5. Releasing the child to the respondent or placing the respondent under supervision of child protective agency
• 6. Granting custody of the child to a respondent parent, relatives or suitable persons
• 7.NEW: Granting custody of the child to a non-respondent parent or parents

Question 27

1052- Disposition on adjudication.

At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:

• 1. ___________ judgment

Answer 27

Suspending

Question 28

1052- Disposition on adjudication.

At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:

• 2. Releasing the child to the custody of his ____________ or ____________ for their care

Answer 28

parents or person responsible

Question 29

1052- Disposition on adjudication.

At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:

• 3. _____________ the child

Answer 29

Placing

Question 30

1052- Disposition on adjudication.

At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:

• 4. Making an order of ______________

Answer 30

protection

Question 31

1052- Disposition on adjudication.

At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:

• 5. Releasing the child to the ____________ or placing the respondent under _______________ of child protective agency

Answer 31

Respondent ……….. supervision

Question 32

1052- Disposition on adjudication.

At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:

• 7.NEW: Granting custody of the child to a ________________ or ____________

Answer 32

non-respondent parent or parents

Question 33

1052- Disposition on adjudication.

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:

• 1. The parent of the child has subjected the child to aggravated circumstances
• 2. 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
• 3. the parent of 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;
• 4. The parent of such child has been convicted of assault 1 or 2, or 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
• 5. The parental rights of the parent to a sibling of such child have been involuntarily terminated

Answer 33

1052- Disposition on adjudication.

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:

• 1. The parent of the child has subjected the child to aggravated circumstances
• 2. 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
• 3. the parent of 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;
• 4. The parent of such child has been convicted of assault 1 or 2, or 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
• 5. The parental rights of the parent to a sibling of such child have been involuntarily terminated

Question 34

1052- Disposition on adjudication.

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

Answer 34

THIRTY (30) DAYS

Question 35

1055- Placement

Upon placing a child under the age of ________ who has been abandoned with the local commissioner of social services, the court shall, where the parents do not appear after due notice, order that a diligent search commence to locate the child’s non-appearing parent

Answer 35

ONE (1)