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FCA - FUTURE CLERK 2023: THE CLERKENING > Article 10 Volume 5 > Flashcards

Article 10 Volume 5 Flashcards

1
Q

1052a- Post-dispositional procedures

The local child protective service shall notify the child’s attorney of an indicated report of ________ or ____________ in which the respondent is the subject of the report

A

child abuse or maltreatment

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2
Q

1052b- Duties of counsel

If the court has entered a dispositional order, it shall be the duty of the ____________ to advise the respondent of his or her right to appeal, and in the event they do appeal, then to serve and file the necessary notice of appeal on their behalf

A

respondent’s counsel

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3
Q

1052c- Duty to report investigations to locate non-respondent parents or relatives

If the court makes a determination to place the child, the court shall immediately require the local social services district to report to the court the results of any investigation to locate any non-respondent parent or relatives of the child, including those which a child over the age of _________ identifies as relatives and whether they have expressed an interest in seeking custody of the child or becoming a foster parent

A

five

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4
Q

1053- Suspended judgment

___________ shall define permissible terms and conditions of a suspended judgment

A

Rules of court

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5
Q

1053- Suspended judgment

The maximum duration of any term or condition of a suspended judgment is __________ unless exceptional circumstances require an extension for an additional __________ .

A

ONE(1) YEAR ……. year

SUSPENDED JUDGMENT = 1 YEAR + 1 YEAR extension

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6
Q

1053- Suspended judgment

SUSPENDED JUDGMENT = _____________

A

1 YEAR + 1 YEAR extension

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7
Q

1053- Suspended judgment

The court may require the child protective agency to make progress reports to the court, the parties and the child’s attorney, no later than _________ after the issuance of the order

A

NINETY (90) DAYS

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8
Q

1054- Release to non-respondent parent or legal custodian or guardian.

The order of disposition may release the child to the custody of his parent or other person responsible for his care at the time of the filing of the petition, and the court may also place the person to whose custody the child is released under supervision of a child protective agency or social services official or may enter an order of protection or both

A

1054- Release to non-respondent parent or legal custodian or guardian.

The order of disposition may release the child to the custody of his parent or other person responsible for his care at the time of the filing of the petition, and the court may also place the person to whose custody the child is released under supervision of a child protective agency or social services official or may enter an order of protection or both

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9
Q

1054- Release to non-respondent parent or legal custodian or guardian.

The duration of any period of supervision and/or release under this section shall be for an initial period of no more than ___________ , and at the expiration of the period for good cause shown, the court may make successive extensions of such supervision of up to ____________ EACH.

A

ONE (1) YEAR………ONE (1) YEAR

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10
Q

1054- Release to non-respondent parent or legal custodian or guardian.

SUPERVISION and/or release =_____________

A

1 YEAR + 1 YEAR extensions

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11
Q

1054- Release to non-respondent parent or legal custodian or guardian.

The court may direct a child protective agency to make progress reports to the court, the parties, and the child’s attorney on the implementation of any order issued here by the court.
Such report must be made within ___________ after issuance of the order and no later than ____________ prior to the expiration of the order

A

NINETY(90)DAYS ………. SIXTY(60)DAYS

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12
Q

1055- Placement

  • The court may place the child in the custody of a relative or other suitable person, or of the local commissioner of social services.
  • A sexually exploited child may be placed in a ___________ safe house
A

long term

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13
Q

1055- Placement

The court shall state on the record its findings supporting the placement. The order of placement shall include, but not be limited to:

    1. A description of the visitation plan
    1. A direction that the respondent be notified of the planning conference and their right to attend
    1. A date certain for a permanency hearing which in no event will be more than EIGHT (8) MONTHS from the date of removal of the child
    1. A notice that if the child remains in foster care for __________ of the most recent ___________ MONTHS, the agency may be required by law to file a petition to terminate parental rights
    1. The court may provide the local services district with authority to finally discharge the child to the parent without hearing upon __________ notice to the court and the “attorney for the child”
A

FIFTEEN (15) …….. TWENTY-TWO (22) …….. TEN (10) DAYS

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14
Q

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

A

ONE (1)

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15
Q

1055- Placement

The court will also provide written notice to be served upon such parent which shall state:

    1. The local commissioner of social services shall initiate a proceeding to commit the guardianship and custody of the subject child within ___________ from the date the child was placed in the custody of such commissioner
    1. That there has been no visitation and communication between the parent and the child since the child was placed and if it continues that way for ____________ , the child will be considered an abandoned child
    1. That it is the legal responsibility of the local commissioner of social services to reunite and reconcile families
    1. The name, address and telephone number of the caseworker assigned to the child
    1. That it shall be the responsibility of the parent to visit and communicate with the child
  • Such notice shall be in both Spanish and English.
A

SIX (6) MONTHS……… SIX (6) MONTHS

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16
Q

1055- Placement

The court may make an order directing the child protective agency, social services official to undertake diligent efforts to encourage and strengthen the _______________ when it will not be detrimental to the best interests of the child Eff. 11/16/16

A

parental relationship

17
Q

1055- Placement

  • The court may order social service or other agency to institute proceedings to legally free the child for adoption
  • If the social services official or agency fails to institute a proceeding to legally free the child for adoption within __________ , the foster parents may institute the proceeding themselves, unless the agency has obtained a modification or extension of the order, or the court believes the foster parents would not be approved to adopt the child.
A

90 days

18
Q

1055- Placement

No placement may be made or continued beyond the child’s ____________ without his or her consent and in no event past his or her _________________ BIRTHDAY

A

EIGHTEENTH (18TH) BIRTHDAY ………… TWENTY FIRST (21st)

19
Q

1055- Placement

In making an order under this section,the court may direct a local commissioner of social services to place the child with his or her other siblings or half-siblings, if they are also in the custody of the commissioner, or to be able to communicate or visit with them. Such efforts are presumed to be in the child’s best interests

A

1055- Placement

In making an order under this section,the court may direct a local commissioner of social services to place the child with his or her other siblings or half-siblings, if they are also in the custody of the commissioner, or to be able to communicate or visit with them. Such efforts are presumed to be in the child’s best interests

20
Q

1055- Placement

  • (New for 2022) If a child who is in the custody of the Commissioner of Social Services is about to be moved to a new placement, the social services official or authorized agency must notify the court and the attorneys for the parties, forthwith, but not later than one____________ following either the decision to change the placement or the actual date the placement change occurred, whichever is sooner.
  • Such notice shall indicate the date that the placement change is anticipated to occur or the date the placement change occurred, as applicable.
  • If the anticipated date of the placement change differs from the actual date, the social services district or authorized agency must notify the court and attorneys for the parties within ____________ of the actual date.
A

business day ………… one business day

21
Q

1055- Placement

When a child whose legal custody was transferred to the commissioner of a local social services district in accordance with this section resides in a qualified residential treatment program, upon receipt of notice initial placement or of change of placement, the court shall schedule a court review to make an assessment and determination no later than _________ from the date the placement of the child in the QRTP commenced (or changed)

A

sixty days

22
Q

1055a- Substantial failure of a material condition of surrender; enforcement of a contact agreement

  • Any failure in the surrender of an adoption of a child, the agency shall notify the parent, the “attorney for the child” and the court within__________ of such failure.
  • The agency will then file a petition within ____________ for the court to review the failure in the surrender of an adoption of a child.
A

TWENTY (20) DAYS………. THIRTY (30) DAYS

23
Q

1055a- Substantial failure of a material condition of surrender; enforcement of a contact agreement

If the agency does not file a petition, then the parent or “attorney for the child” may file within ___________ of the notice of the failure, but before the adoption of the child

A

SIXTY (60) DAYS

24
Q

1055a- Substantial failure of a material condition of surrender; enforcement of a contact agreement

  • If a court approves an agreement for continuing contact and communication and the child has not yet been adopted, any party to the agreement may file a petition with the family court to enforce the agreement.
  • A copy of the ___________ shall be annexed to such petition.
  • The petition must be filed in the __________ where the agreement was approved.
  • The court will enter an order enforcing the agreement unless the court finds that enforcement would not be in the best interests of the child.
A

approved agreement …… county

25
Q

1055b- Custody or guardianship with a parent or parents, relatives or suitable persons pursuant to article six of this act or guardianship with relatives or suitable persons pursuant to article seventeen of the surrogate’s court procedure act.

At the conclusion of the dispositional hearing, the court may enter an order of disposition granting custody or guardianship of the child to a relative or other suitable person under FCA article 6 or an order of guardianship under ________________________

A

Surrogate Court Procedure Act Article 17

26
Q

1055b- Custody or guardianship with a parent or parents, relatives or suitable persons pursuant to article six of this act or guardianship with relatives or suitable persons pursuant to article seventeen of the surrogate’s court procedure act.

The court shall hold age appropriate consultation with the child, if the youth has attained __________ of age, the court shall ascertain his or her preference for a guardian

A

FOURTEEN (14) YEARS

27
Q

(NEW) 1055-c. Court review of placement in a qualified residential treatment program

Within __________ of placement in a QRTP, the court must review such placement and determine if it is appropriate, and if deemed inappropriate, it will determine a schedule for the child’s return and direct social services to make other arrangements.

A

sixty (60) days

28
Q

(NEW) 1055-c. Court review of placement in a qualified residential treatment program

Such review may be made without a hearing on consent of all parties, and written determination must follow within _________

A

five (5) days.

29
Q

(NEW) 1055-c. Court review of placement in a qualified residential treatment program

Such review hearing may be held in conjunction with any other hearing as long as it occurs within ___________ of placement.

A

sixty (60) days

30
Q

1056- Order of protection.

The court may make an order of protection in assistance or as a condition of any other order made under this part. It shall remain in effect concurrently with and shall expire no later than the expiration of another order issued under this part

A

1056- Order of protection.

The court may make an order of protection in assistance or as a condition of any other order made under this part. It shall remain in effect concurrently with and shall expire no later than the expiration of another order issued under this part

31
Q

1056- Order of protection.

An order of protection entered may be for any period of time up to the child’s _______________ … this differs from most other time frames that an order of protection can remain in effect for

A

EIGHTEENTH (18) BIRTHDAY

32
Q

1056a- Firearms; surrender and license suspension, revocation and ineligibility

This is a repeat of the court’s need to make a determination regarding the surrender or revocation of firearms in accordance with the issuance of an order of protection

A

1056a- Firearms; surrender and license suspension, revocation and ineligibility

This is a repeat of the court’s need to make a determination regarding the surrender or revocation of firearms in accordance with the issuance of an order of protection

33
Q

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents

The court may release the child to the respondent or respondents for a period of up to __________ , which may be extended

A

one year

34
Q

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents

The court may place the respondent under_____________ of a child protective agency or of a social services official or duly authorized agency.

A

supervision

35
Q

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents

The duration of any period release (and/or supervision) shall be for an initial period of no more than __________ and the court may at the expiration of that period, upon a hearing and for good cause shown, make successive extensions of up to __________ EACH

A

ONE (1) YEAR ………. ONE (1) YEAR

36
Q

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents

SUPERVISION/Release = ____________

A

1 YEAR + 1 YEAR extensions

37
Q

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents

  • The order of supervision must set forth the terms and conditions of the supervision, as well as the actions that the child protective agency, social services official, or duly authorized agency must take to exercise such supervision.
  • Such agency may be required to make progress reports to the court, the parties, and the child’s attorney no later than _________ after issuance of the order.
A

NINETY (90) DAYS

38
Q

1058-Expiration of orders.

No later than ________ prior to the expiration of an order of disposition (FCA 1052) or period of an adjournment in contemplation of dismissal (FCA 1039), the child protective agency shall report to the court, the parties, including a non-respondent parent and the attorney for the child on the status and circumstances of the child and family and any actions taken or that need to be taken

A

SIXTY (60) DAYS

FCA - FUTURE CLERK 2023: THE CLERKENING (46 decks)

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