Article 10B Flashcards
- Motion to return to foster care placement.
Definitions:
“Former foster care youth” shall mean a youth:
who has attained the age of _____________ but is under the age of ______________ and who had been discharged from a foster care setting on or after:
- attaining the age of eighteen due to a failure to ____________ to continuation in foster care;
- or attaining the age of sixteen but who is or is likely to be _____________ unless returned to foster care; and
- (A) placed in foster care with a local social services district or authorized agency; or
- (B) freed for ____________ but has not yet been adopted; or
- (C) placed with the office of children and family services as a juvenile delinquent for a _____________ level of care
Eighteen……….. twenty-one……… consent….homeless……adoption……..non-secure
- Motion to return to foster care placement.
Definitions:
(2) “Foster care setting” shall not include placements in:
(i)
- (A) a ___________ or _________ level of care with the office of children and family services; or
- (B) a limited secure level of care where the placement was made in a county that has an approved “___________” program
(ii) A youth who was previously placed in a limited secure or secure level of care but was subsequently transferred to a ________ level of care may still be eligible to re-enter if such youth was ultimately released from a non-secure setting.
limited secure………secure ……. close to home………. non-secure
- Motion to return to foster care placement.
- A former foster care youth can file a motion to return to the custody of the social services district from which they were most recently discharged or by the applicable official of the local social services district, authorized agency, or the office of children and family services, with the consent of the former foster care youth.
- The motion can be filed if there is a _____________ for the youth to return to foster care.
compelling reason
- Motion to return to foster care placement.
If the former foster care youth was discharged on or after their ___________ the motion to return to foster care must be filed within __________ of their first final discharge after their _______ birthday.
18th birthday………. 24 months…….. 18th
- Motion to return to foster care placement.
If the former foster care youth was discharged prior to their eighteenth birthday, the court shall not entertain a motion filed after their __________ birthday
twentieth
- Motion to return to foster care placement.
- During the Covid-19 State of Emergency, such former foster care youth shall be entitled to return foster care without ___________
- In accordance with this section and to the extent federally allowable, any requirement to enroll in and attend an _________ or ___________ program shall be waived for the duration of the state of emergency.
making a motion……….. educational or vocational
- Motion to return to foster care placement.
A motion made pursuant to this article by the applicable official of the local social services district, authorized agency or the office of children and family services shall be made by ___________ .
order to show cause
- Motion to return to foster care placement.
A motion made pursuant to this article by the applicable official of the local social services district, authorized agency or the office of children and family services shall be made by order to show cause.
Such motion shall show by affidavit or other evidence that:
- the former foster care youth has no reasonable alternative to foster care;
- the former foster care youth consents to enrollment in and attendance at an appropriate educational or vocational program, unless inappropriate
- re-entry into foster care is in the best interests of the youth;
- the former foster care youth consents to the re-entry into foster care; and
- In the case of a former foster youth discharged from foster care on or after attaining the age of ________ , the youth is or is likely to be homeless unless returned to foster care.
sixteen
- Motion to return to foster care placement.
A motion made pursuant to this article by a former foster care youth shall be made by order to show cause on __________ notice to the applicable official of the local social services district, authorized agency or the office of children and family services.
Such motion shall show by affidavit or other evidence that:
- The required conditions are met and
- the applicable official of the local social services district, authorized agency or the office of children and family services consents or refuses to consent to the re-entry
ten days
- Motion to return to foster care placement.
At any time, the Court may issue a _________ pending final decision to return the youth to foster care
temporary order
- Motion to return to foster care placement.
The court can grant a youth’s motion to re-enter foster care if the local social services district, authorized agency or the office of children and family services has refused to consent if the court finds the refusal was __________ because the minimum requirements have been met.
unreasonable
- Motion to return to foster care placement.
Where a motion for re-entry has previously been granted, another motion shall be granted only if:
- there is a ___________ reason,
- the court has not previously granted a subsequent motion for return to care, and
- the youth has complied with _____________ .
Compelling…… previous court orders
1091-a. Court review of placement in a qualified residential treatment program.
Within _____________ of the placement into a QRTP or decision of placement, the court and the attorneys for the parties, including the attorney for the child must be notified, whichever is sooner.
one business day
091-a. 1091-a. Court review of placement in a qualified residential treatment program.
If there is an anticipated date, another notification will be made within _____________ of when the placement actually happens
one business day
1091-a. Court review of placement in a qualified residential treatment program.
The court must review such placement within _________ of commencement.
A hearing will be held, but on consent of all parties, the hearing can be waived and the court will decide on papers.
The court’s decision approving or denying the placement must be issued within __________
sixty days……… five days.
