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

Article 10C Flashcards

1
Q

1092- Destitute Children- Definitions

“Destitute child” - (WORST DESTINY’S CHILD COVER BAND EVER) shall mean a child not subject to ___________ of this act, is without a parent or other person responsible for their care and is a state of suffering due to a lack of food, clothing, shelter or medical or surgical care

A

article 10

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2
Q

1092- Destitute Children- Definitions

“destitute child” shall mean a child under the age of eighteen who is in a state of want or suffering due to lack of sufficient food, clothing, shelter, or medical or surgical care and:

  1. does not fit within the definition of an “abused child” or a “neglected child” as such terms are defined in article 10 and
  2. the Child is without any parent or caretaker available to sufficiently care for him or her, due to:
  • the death of a parent or caretaker; or
  • the incapacity or debilitation of a parent or caretaker, where such incapacity or debilitation would prevent such parent or caretaker from being able to knowingly and voluntarily enter into a written agreement to transfer the care and custody of said child; or
  • the inability of social services to locate any parent or caretaker, after making reasonable efforts to do so; or
  • a parent or caretaker being physically located outside of the state of New York and social services is or has been unable to return the child to such parent or caretaker while or after making reasonable efforts to do so, unless the lack of such efforts is or was appropriate under the circumstances.
A

1092- Destitute Children- Definitions

“destitute child” shall mean a child under the age of eighteen who is in a state of want or suffering due to lack of sufficient food, clothing, shelter, or medical or surgical care and:
1. does not fit within the definition of an “abused child” or a “neglected child” as such terms are defined in article 10 and
2. the Child is without any parent or caretaker available to sufficiently care for him or her, due to:
- the death of a parent or caretaker; or
- the incapacity or debilitation of a parent or caretaker, where such incapacity or debilitation would prevent such parent or caretaker from being able to knowingly and voluntarily enter into a written agreement to transfer the care and custody of said child; or
- the inability of social services to locate any parent or caretaker, after making reasonable efforts to do so; or
- a parent or caretaker being physically located outside of the state of New York and social services is or has been unable to return the child to such parent or caretaker while or after making reasonable efforts to do so, unless the lack of such efforts is or was appropriate under the circumstances.

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3
Q

1092- Destitute Children- Definitions

“Parent” - shall mean any living biological or adoptive parent of the child whose rights have not been ________________ or ____________

A

terminated or surrendered

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4
Q

1092- Destitute Children- Definitions

“caretaker” shall mean a person or persons, other than a parent of a child alleged or adjudicated to be a destitute child, who possesses a valid, current court order providing him or her with temporary or permanent ____________ or ____________ of said child.

A

guardianship or custody

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5
Q

1092- Destitute Children- Definitions

“____________________” - shall mean a hearing in accordance with article 10A of this act

A

Permanency hearing

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6
Q

1092- Destitute Children- Definitions

“Commissioner of Social Services” - Shall mean the commissioner of the local department of social services or in a city of one million or more, the ________________________

A

administration for children’s services

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7
Q

1092- Destitute Children- Definitions

“Interested adult” shall mean a person or persons over the age of __________ , other than a parent or caretaker, who, at the relevant time resided with and had responsibility for the day-to-day care of a child alleged or adjudicated to be destitute.

A

eighteen

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8
Q

1093- Destitute Children - Originating proceedings.

A commissioner of social services may originate a proceeding under this article by filing a ____________ alleging that the child is a destitute child

A

petition

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9
Q

1093- Destitute Children - Originating proceedings.

A commissioner of social services who accepts the care of custody of a child appearing to be a destitute child shall file a petition within ___________ of accepting the care and custody of such child

A

FOURTEEN(14) DAYS

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10
Q

1093- Destitute Children - Originating proceedings.

Venue - A petition for a destitute child must be filed in the county where the child ______ or __________ , but, on motion of any party or attorney, the court may transfer the case to another county if it is more appropriate, including, but not limited to, a county located within a jurisdiction where the child is domiciled or has another significant nexus

A

resides or is found

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11
Q

1093- Destitute Children - Originating proceedings.

The petition shall allege upon information and belief:

    1. The manner, date and circumstance under which the child became known to the petitioner
    1. The child’s date of birth
    1. That the child is a destitute child and the basis for the allegation
    1. The identity of the parent or parents of the child in question
    1. Whether the parent or parents are living or deceased
    1. The whereabouts or last known address of the parents or parent
    1. The identity of a caretaker or interested adult, if known
    1. The efforts made prior to the filing of a petition to prevent the removal of the child from the home and if such efforts were not made, the reasons such efforts were not made
    1. The efforts made to return the child to the home if removed prior to the filing of a petition, and if such efforts were not made, the reasons such efforts were not made
A

1093- Destitute Children - Originating proceedings.

The petition shall allege upon information and belief:
- 1. The manner, date and circumstance under which the child became known to the petitioner
- 2.The child’s date of birth
- 3.That the child is a destitute child and the basis for the allegation
- 4.The identity of the parent or parents of the child in question
- 5. Whether the parent or parents are living or deceased
- 6. The whereabouts or last known address of the parents or parent
- 7. The identity of a caretaker or interested adult, if known
- 8. The efforts made prior to the filing of a petition to prevent the removal of the child from the home and if such efforts were not made, the reasons such efforts were not made
- 9.The efforts made to return the child to the home if removed prior to the filing of a petition, and if such efforts were not made, the reasons such efforts were not made

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12
Q

1093- Destitute Children - Originating proceedings.

The petition shall contain a notice in conspicuous print that if the child remains in foster care for ________ of the most recent ___________ ,the agency may be required to bring a petition to terminate parental rights

A

Fifteen…… Twenty-Two months

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13
Q

1093- Destitute Children - Originating proceedings.

Upon filing a petition, if a living parent or other person responsible for the child’s care is identified in the petition,the court shall cause a copy of the petition and a summons to be issued the __________ the petition is filed, requiring such parent to appear on the return date

A

same day

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14
Q

1093- Destitute Children - Originating proceedings.

Service of the summons and petition shall be made by delivery of a copy thereof to the person summoned at least ___________ prior to the time stated for appearance

A

TWENTY FOUR (24) HOURS

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15
Q

1093- Destitute Children - Originating proceedings.

The court may send process outside the state in the same manner and with the same effect as process within the state in the exercise of personal jurisdiction over any person, despite the fact that they are not a resident or domiciliary of this state

If an out of state respondent defaults in appearing to answer the petition, the court may on its own motion or on motion of any party, proceed to a hearing

If after __________ , personal service is not made, substituted service may be provided for

A

reasonable effort

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16
Q
  1. Destitute Children - Initial appearance and preliminary proceedings
    At the initial appearance, the court shall:

1. Appoint an attorney to represent the child and appoint an attorney to represent a parent, caretaker or interested adult if he or she is financially unable to obtain counsel

A
  1. Destitute Children - Initial appearance and preliminary proceedings
    At the initial appearance, the court shall:

1. Appoint an attorney to represent a the child and appoint an attorney to represent a parent, caretaker or interested adult if he or she is financially unable to obtain counsel

17
Q
  1. Destitute Children - Initial appearance and preliminary proceedings
    At the initial appearance, the court shall:
  • If the parents, caretaker, or interested adult appear, determine whether the child may __________ in his or her home and perhaps order services to assist in that end
A

safely remain

18
Q
  1. Destitute Children - Initial appearance and preliminary proceedings

At the initial appearance, the court shall:

Determine whether temporary care is necessary to avoid risk to the child’s life or health and whether it would be contrary to the welfare of the child to continue in, or return to his or her own home, and, if so, whether the child should be placed in the temporary care and custody of a relative or other suitable person or in the temporary care and custody of the commissioner of social services

A
  1. Destitute Children - Initial appearance and preliminary proceedings

At the initial appearance, the court shall:

Determine whether temporary care is necessary to avoid risk to the child’s life or health and whether it would be contrary to the welfare of the child to continue in, or return to his or her own home, and, if so, whether the child should be placed in the temporary care and custody of a relative or other suitable person or in the temporary care and custody of the commissioner of social services

19
Q
  1. Destitute Children - Initial appearance and preliminary proceedings

At the initial appearance, the court shall:

Upon a determination that the child should be temporarily placed :

A. Direct the petitioner to investigate whether there are any parents, caretakers or interested adults not named in the petition, or any other relatives with whom the child may safely reside, and if so direct the child to reside temporarily in their care,and
B. Direct the petitioner to investigate into the home of a relative or other person seeking the approval to care for the child as a foster parent.
- Thereafter,either approve such relative or person or report to the court forthwith of a finding that the home is unqualified for approval

A
  1. Destitute Children - Initial appearance and preliminary proceedings
    At the initial appearance, the court shall:

Upon a determination that the child should be temporarily placed :

A. Direct the petitioner to investigate whether there are any parents, caretakers or interested adults not named in the petition, or any other relatives with whom the child may safely reside, and if so direct the child to reside temporarily in their care,and
B. Direct the petitioner to investigate into the home of a relative or other person seeking the approval to care for the child as a foster parent.
- Thereafter,either approve such relative or person or report to the court forthwith of a finding that the home is unqualified for approval

20
Q
  1. Destitute Children - Initial appearance and preliminary proceedings

At the initial appearance, the court shall:

4.Set a date certain for the fact finding and disposition hearing,and if the child is temporarily placed,set a date certain for the initial permanency hearing which shall be no later than ___________ from the date the social services official accepted care of the child

A

EIGHT(8)MONTHS

21
Q
  1. Destitute Children - Initial appearance and preliminary proceedings

At the initial appearance, the court shall:

  1. Include the ___________ made pursuant to this subdivision in a written order
A

findings

22
Q
  1. Destitute Children - Initial appearance and preliminary proceedings
    At the initial appearance, the court shall:
  • Any parent or caretaker, or interested adult from whose care the child has been removed, or the child’s attorney may request a hearing to determine whether the child who has been removed from his or her home should be returned, and whether services should be rendered to facilitate such return
  • Except for good cause shown, the hearing shall be held within ____________ of the request and shall not be adjourned
  • The court shall grant such an application unless it finds that the return of the child presents an imminent risk to the child’s life or health
A

THREE(3) COURT DAYS

Remember, this is just like a 1028 application

23
Q
  1. Destitute Children - Initial appearance and preliminary proceedings

At the initial appearance, the court shall:

  • (Bard) The court may upon its own motion or the motion of any person, may add a party to the proceeding who is not named in the petition if the person has a significant connection to the child and consents to being added.
  • The court will summon the person if they are not already before the court.
  • The court may appoint counsel for the person named as a party to the proceeding if they are financially unable to obtain counsel.
A
  1. Destitute Children - Initial appearance and preliminary proceedings
    At the initial appearance, the court shall:
  • (Bard) The court may upon its own motion or the motion of any person, may add a party to the proceeding who is not named in the petition if the person has a significant connection to the child and consents to being added.
  • The court will summon the person if they are not already before the court.
  • The court may appoint counsel for the person named as a party to the proceeding if they are financially unable to obtain counsel.
24
Q

1095- Fact finding and disposition

No fact finding hearing may commence under this article unless the court makes a finding:

  1. That all parties are present at the hearing and have been served with a copy of ___________
  2. That if any party is or are living but not present, that every effort has been made to _________________
A

the petition………… effectuate service

25
Q

1095- Fact finding and disposition

The court shall sustain the petition and make a finding that the child is destitute if, based upon a _____________________ presented, the court finds that the child meets the definition of a destitute child

A

preponderance of competent material and relevant evidence

C MR POE

26
Q

1095- Fact finding and disposition

If the proof does not conform to the specific allegations of the petition, the court may ___________ the allegations to conform to the proof if no party objects to such conformation.

A

amend

27
Q

1095- Fact finding and disposition

If the court finds that the child does not meet the definition of a destitute child or that the aid of the court is not required, it shall _________ the petition, and if applicable, return a child who was placed in the temporary care of the commissioner of social services to any parent, caretaker or interested adult

A

dismiss

28
Q

1095- Fact finding and disposition

If the court finds the child is in need of protection under Article 10, the court may request a child protective _______________ be commenced

A

1034 investigation

29
Q

1095- Fact finding and disposition

If the court sustains the petition it (MUST/MAY) immediately commence a dispositional hearing or may adjourn the proceedings for further investigation

{However, if an FCA 6 or SCPA 17 petition has been filed by a person or persons seeking custody or guardianship of the child, the court shall consolidate the dispositional hearing with a 1096 hearing, unless consolidation would not be appropriate under the circumstances.

If the court does not consolidate the hearings, the 10C dispositional hearing shall be put on hold until the ______________petition is disposed}

A

MAY…………………….. custody/guardianship

30
Q

1095- Fact finding and disposition

Based upon ________________ evidence presented at the dispositional hearing, the court shall enter an order of disposition stating the grounds for the order and directing one of the following alternatives:

    1. Placing the child in the care and custody of the commissioner of social services
    1. Granting an order of custody or guardianship to relatives or suitable persons under FCA 6 OR SCPA 17
A

material and relevant

31
Q

1095- Fact finding and disposition

If the child has been placed in the care and custody of the commissioner of social services, the court shall include in its order

    1. A date certain for the permanency hearing
    1. Unless the parents are deceased, a description of the plan for the child to visit with the parents unless contrary to the child’s best interests
    1. A direction that the child be placed with or visit and communicate with his or her siblings unless contrary to the child’s best interests
    1. Unless the parents are deceased, a direction that they be notified of any planning conferences to be held, or their right to attend such conferences with counsel
    1. If the child is or will be _______________ or over at the permanency hearing, the services necessary to assist the child in learning independent living skills
    1. A notice that, if the child remains in foster care for fifteen of the most recent twenty-two months, the agency may be required by law to file a petition to terminate parental rights.
A

FOURTEEN(14)

32
Q
  1. Custody or guardianship with relatives or suitable persons pursuant to article six of this act or article seventeen of the surrogate’s court procedure act.

(a) At the conclusion of a hearing held pursuant to 1095, the court may enter an order of disposition granting custody or guardianship of the child to a relative or suitable person under FCA 6 or SCPA 17 if:

(1) the relative or suitable person has filed a petition for custody or guardianship of the child under FCA 6 or SCPA 17; and
(2) the court finds that granting custody or guardianship of the child to the relative or suitable person is in the best interests of the child; and
(3) the court finds that granting custody or guardianship of the child to the relative or suitable person will provide the child with a safe and permanent home; and
(4) all parties to the destitute child proceeding consent to the granting of custody or guardianship; or

(5) after a consolidated fact finding and dispositional hearing on the destitute child petition and the custody/guardianship hearing:

(i) if a parent or parents fail to consent to the granting of custody or guardianship, the court finds that extraordinary circumstances exist that support granting an order of custody or guardianship; or
(ii) if the parent or parents consent and a party other than a parent fails to consent to the granting of custody or guardianship, the court finds that granting custody or guardianship of the child to the relative or suitable person is in the best interests of the child.

A
  1. Custody or guardianship with relatives or suitable persons pursuant to article six of this act or article seventeen of the surrogate’s court procedure act.

(a) At the conclusion of a hearing held pursuant to 1095, the court may enter an order of disposition granting custody or guardianship of the child to a relative or suitable person under FCA 6 or SCPA 17 if:
(1) the relative or suitable person has filed a petition for custody or guardianship of the child under FCA 6 or SCPA 17; and
(2) the court finds that granting custody or guardianship of the child to the relative or suitable person is in the best interests of the child; and
(3) the court finds that granting custody or guardianship of the child to the relative or suitable person will provide the child with a safe and permanent home; and
(4) all parties to the destitute child proceeding consent to the granting of custody or guardianship; or
(5) after a consolidated fact finding and dispositional hearing on the destitute child petition and the custody/guardianship hearing:
(i) if a parent or parents fail to consent to the granting of custody or guardianship, the court finds that extraordinary circumstances exist that support granting an order of custody or guardianship; or
(ii) if the parent or parents consent and a party other than a parent fails to consent to the granting of custody or guardianship, the court finds that granting custody or guardianship of the child to the relative or suitable person is in the best interests of the child.

33
Q
  1. Court review of placement in a qualified residential treatment program

Within _________ day 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.

A

one business

34
Q
  1. 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

A

one business day

35
Q
  1. 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 ____________

A

sixty days ………five days.

36
Q
  1. Court review of placement in a qualified residential treatment program

The QRTP review can happen on the same day as any other hearing as long as it is completed within ______________ of the start of placement.

A

sixty days

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

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