Article 6 Flashcards
Fact-finding determination must be based on (what standard of evidence?)
Clear and convincing proof
FCA 622
Evidence at Dispositional hearing must be (competent? / relevant? / material?)
Relevant and material
FCA 623
T/F generally, FC has jurisdiction to determine habeas corpus proceedings and to determine the custody and visitation of minors
True
FCA 651
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.
County; surrogate’s
FCA 661
If court conducts an in camera interview (not in the courtroom) of an infant in a custody proceeding, a ____________ record must but made
Stenographic
FCA 664
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)
90
FCA 671
Section __ of the social services law provides for the appointments of a guardian of a child based upon permanent neglect
384-b
FCA 611
A permanently neglected child is under the age of __.
18
FCA 614
A summons in a proceeding to terminate parental rights must be served __ days before the time stated for appearance.
20
FCA 617
Evidence at fact-finding hearing to terminate parental rights must be ________________.
Material, relevant and competent
FCA 624
Maximum period of suspended judgment (termination of parental rights) is ____.
1 year and can be extended for another year
FCA 633
FC and ___ court have concurrent jurisdiction over adoption proceedings
Surrogate’s
FC 641
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
B. Clear and convincing proof
FCA 622
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
D. Surrogates court procedures act (SCPA) with respect to the service of a citation
FCA 617
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
C. Article 384-b of the social services law
FCA 611
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
D. Service may be made in a foreign country.
FCA 617
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
D. Evidence of parental contact after filing of proceeding is inadmissible at fact finding hearing
FCA 624
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
D. Probation
FCA 631
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
A. County courts and surrogate’s courts
FCA 661
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
D. None of the above
FCA 671
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
A. FC and surrogate’s court
FCA 641
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
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
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
True
FCA 616
