Article 10 Volume 4 Flashcards
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
reasonable effort
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 _____________ .
represented by counsel
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
ONE (1) YEAR
1043- Hearings not open to the public
The general public (MAY/SHALL) be excluded from any hearing under this article
MAY
1044- Definition of “fact-finding hearing”
The fact finding hearing is a hearing to determine whether the child is an __________ or __________ child
abused or neglected
1045- Definition of “dispositional hearing”
The dispositional hearing is a hearing to determine what order of _________ should be made
disposition
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
preponderance of the evidence………… competent, material and relevant
C MR POE
1046- Evidence
Whenever a determination of severe or repeated abuse is based upon “___________________ “, the fact finding order must state so
clear and convincing evidence
CCE
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.
material and relevant
1046- Evidence
- FACT FINDING = ___________
- DISPOSITIONAL = __________
C MR POE ………. MR
1046- Evidence
(NEW) A child cannot be declared an abused or neglected child solely on the fact that the Person Legally Responsible for them __________
smokes marijuana.
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.
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.
1047- Sequence of hearings
The dispositional hearing (MAY/SHALL) commence immediately after the fact finding hearing
MAY
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
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
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
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
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
THREE (3) DAYS
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.}
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.}
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.
Abuse…….. removed
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
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
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
amend
1051- Sustaining or dismissing petition
If facts sufficient to sustain the petition are not established, the court shall ________ the petition
DISMISS
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
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
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
sexual abuse
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___________________.
Terminate parental rights…………. clear and convincing evidence
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
Vacated ……… respondent
1052- Disposition on adjudication.
At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:
- Suspending judgment
- Releasing the child to the custody of his parents or person responsible for their care
- Placing the child
- Making an order of protection
- Releasing the child to the respondent or placing the respondent under supervision of child protective agency
- Granting custody of the child to a respondent parent, relatives or suitable persons
- NEW: Granting custody of the child to a non-respondent parent or parents
1052- Disposition on adjudication.
At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:
- 1.Suspending judgment
- Releasing the child to the custody of his parents or person responsible for their care
- Placing the child
- Making an order of protection
- Releasing the child to the respondent or placing the respondent under supervision of child protective agency
- 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
1052- Disposition on adjudication.
At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:
- ___________ judgment
Suspending
1052- Disposition on adjudication.
At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:
- Releasing the child to the custody of his ____________ or ____________ for their care
parents or person responsible
1052- Disposition on adjudication.
At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:
- _____________ the child
Placing
1052- Disposition on adjudication.
At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:
- Making an order of ______________
protection
1052- Disposition on adjudication.
At the conclusion of a dispositional hearing, the court shall enter an order of disposition as follows:
- Releasing the child to the ____________ or placing the respondent under _______________ of child protective agency
Respondent ……….. supervision
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 ____________
non-respondent parent or parents
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:
- 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 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;
- 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
- The parental rights of the parent to a sibling of such child have been involuntarily terminated
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:
- 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 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;
- 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
- The parental rights of the parent to a sibling of such child have been involuntarily terminated
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
THIRTY (30) DAYS
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
ONE (1)
