Article 6

Question 1

Fact-finding determination must be based on (what standard of evidence?)

Answer 1

Clear and convincing proof

FCA 622

Question 2

Evidence at Dispositional hearing must be (competent? / relevant? / material?)

Answer 2

Relevant and material

FCA 623

Question 3

T/F generally, FC has jurisdiction to determine habeas corpus proceedings and to determine the custody and visitation of minors

Answer 3

True

FCA 651

Question 4

The FC has like jurisdiction and authority as is now conferred on the _______ and _______ courts as concerns the guardianship of the person of a minor.

Answer 4

County; surrogate’s

FCA 661

Question 5

If court conducts an in camera interview (not in the courtroom) of an infant in a custody proceeding, a ____________ record must but made

Answer 5

Stenographic

FCA 664

Question 6

The court may in certain cases issue a warrant (and clerk can issue a certificate of warrant which expires __ days from date of issue but can be renewed from time to time by the clerk)

Answer 6

90

FCA 671

Question 7

Section __ of the social services law provides for the appointments of a guardian of a child based upon permanent neglect

Answer 7

384-b

FCA 611

Question 8

A permanently neglected child is under the age of __.

Answer 8

18

FCA 614

Question 9

A summons in a proceeding to terminate parental rights must be served __ days before the time stated for appearance.

Answer 9

20

FCA 617

Question 10

Evidence at fact-finding hearing to terminate parental rights must be ________________.

Answer 10

Material, relevant and competent

FCA 624

Question 11

Maximum period of suspended judgment (termination of parental rights) is ____.

Answer 11

1 year and can be extended for another year

FCA 633

Question 12

FC and ___ court have concurrent jurisdiction over adoption proceedings

Answer 12

Surrogate’s

FC 641

Question 13

Fact finding determination at a fact-finding hearing (permanent termination of parental rights by reason of permanent neglect) shall be based on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. (Standard proof)
A. Preponderance of the evidence 
B. Clear and convincing proof
C. Proof beyond a reasonable doubt
D. None of the above

Answer 13

B. Clear and convincing proof

FCA 622

Question 14

Summons and petition under FCA 6 must be made at least 20 days before time stated for appearance and must, in or outside NYS, or in a foreign country be made in accordance with ____________.
A. FCA section 611c
B. Rules of the chief judge, section 205
C. Civil practice law and rules (CPLR) article 3
D. Surrogates court procedures act (SCPA) with respect to the service of a citation

Answer 14

D. Surrogates court procedures act (SCPA) with respect to the service of a citation

FCA 617

Question 15

Proceedings to terminate parental rights due to permanent neglect are initiated pursuant to:
A. CPLR 4
B. CPL 30
C. Article 384-b of the social services law
D. The surrogates court procedures act

Answer 15

C. Article 384-b of the social services law

FCA 611

Question 16

Which of the following statements relating to article 6 proceeding of the FCA is correct?
A. Court shall not order substituted service of summons and petition
B. Court may not order service by publication
C. Personal service shall be as per CPLR
D. Service may be made in a foreign country

Answer 16

D. Service may be made in a foreign country.

FCA 617

Question 17

Which of the following relating to a hearing to terminate parental rights due to permanent neglect is correct?
A. At fact-finding evidence must only be material and relevant
B. At dispositional hearing evidence must be material, relevant and competent
C. Court may never dispense with dispositional hearing
D. Evidence of parental contact after filing of proceeding is inadmissible at fact finding hearing

Answer 17

D. Evidence of parental contact after filing of proceeding is inadmissible at fact finding hearing

FCA 624

Question 18

Which of the following is not a valid disposition under a proceeding to terminate the parental rights due to permanent neglect of child?
A. Dismissal of the petition
B. Suspending judgment
C. Committing guardianship & custody of child
D. Probation

Answer 18

D. Probation

FCA 631

Question 19

With respect to guardianship of the person of a minor, the FC has like jurisdiction as the
A. County courts and surrogate's courts
B. County courts and district courts
C. Surrogates courts and district courts
D. Appellate division

Answer 19

A. County courts and surrogate’s courts

FCA 661

Question 20

A certificate of warrant issued under article 6 of the FCA expires __ days from date of issue and ______.
A. 30… May be renewed from time to time by the clerk of court
B. 90… May only be renewed by the assigned judge
C. 120… May not be renewed without a further court order
D. None of the above

Answer 20

D. None of the above

FCA 671

Question 21

Which two courts have original concurrent jurisdiction over adoption proceedings?
A. FC and surrogate's court
B. FC and district courts
C. FC and court of claims
D. FC and county court

Answer 21

A. FC and surrogate’s court

FCA 641

Question 22

Which of the following is not correct? Petition under article 6 of the FCA (Termination of parental rights due to permanent neglect) must allege that
A. Child is under 18 years of age
B. Child is presently under care of authorized agency
C. Agency has not made efforts to encourage parental relationship
D. Parent has willfully for more than 1 year not maintained contact with child, or for 15 of most recent 22 months

Answer 22

C. Agency has not made efforts to encourage parental relationship

FCA 614 it I should read the agency has made efforts to encourage parental relationship

Question 23

T/F Service by publication shall be made as per CPLR 316, except that only a single publication of the summons or other process in only one newspaper shall be sufficient

Answer 23

True

FCA 616