Article 6 Termination of Parental Rights, Adoption, etc... Flashcards
FCA 611
A permanently neglected child is defined,
(a) under the family court act
(b) in the social services law
(c) in the domestic relations law
(d) in the penal law
(b) 611 FCA
Permanently neglected child shall mean permanently neglected child as defined in § 384-b, 7a of the social services law and is incorporated in FCA § 611.
FCA 614
A proceeding for the commitment of the guardianship and custody of a child on the ground of permanent neglect is originated by a petition alleging:
(1) the child is under 18 years of age
(2) the child is in the care of an authorized agency
(3) the authorized agency has made diligent efforts to encourage and strengthen the parental relationship
(4) the best interest of the child requires that a guardianship and custody of the child be committed to an authorized agency
(a) 1 & 3 only
(b) 2 & 3 only
(c) 1 & 4 only
(d) 1,2,3 & 4
(d) 614 FCA
In addition to the correct choices, 1,2,3 & 4, a ground under 614 (d) FCA provides that the parent or guardian has failed for a period of either at least one year or fifteen out of the most recent twenty-two months following the date the child came into the care of an authorized agency, substantially and continuously or repeatedly to maintain contact with or plan for the future of the child, although physically and financially able to do so.
FCA 617
Service of a summons and petition may be accomplished upon a respondent after reasonable attempts at personal service have failed, by:
(1) substituted service under the CPLR
(2) service by publication
(3) service by mail alone
(4) service on a person of suitable age and discretion under the CPLR
(a) 1 only
(b) 1 & 2 only
(c) 3 & 4 only
(d) 4 only
(b) 617 (b),(d) FCA
If, after reasonable effort, personal service cannot be accomplished, the court may order either substituted service or service by publication. Unlike service by publication under § 316 of the CPLR, 617 (d) requires a single publication in one newspaper. Neither service by mail alone nor service on a person of suitable age and discretion are options under this section.
Note: Substituted service under the CPLR §308 (4) does not require an order of the court when used in civil cases. Service by publication requires an order of the court under both the CPLR and the FCA.
FCA 617 (a)
Service of a summons and petition shall be made at least how many days before the time stated therein for appearance
(a) 24 hours
(b) 10 days
(c) 20 days
(d) 30 days
(c) 617 (a) FCA
20 Days
FCA 625 (a)
Select the least correct statement concerning a dispositional hearing under article 6 FCA.
(a) the dispositional hearing may commence immediately after the findings of the fact finding hearing.
(b) the court may dispense with the dispositional hearing.
(c) any one party may consent to dispense with the dispositional hearing.
(d) the court may enter an order committing guardianship and custody of the child to the petitioner.
(c) 625 (a) FCA
Upon completion of the fact finding hearing, the dispositional hearing may commence immediately after the required findings are made; provided, however, that if ALL parties consent the court may, upon motion of any one party or upon its own motion dispense with the dispositional hearing and make an order of disposition. The court may enter an order committing guardianship and custody of the child to the petitioner on such conditions, if any, as the court deems proper.
FCA 626 (a)
Which of the following statements is least correct regarding adjournments of hearings?
(a) the court may adjourn a fact finding hearing or a dispositional hearing on its own motion
(b) the court may adjourn a fact finding hearing but not a dispositional hearing on motion of a parent
(c) the court may adjourn a fact finding hearing or a dispositional hearing on motion of a parent
(d) the court may adjourn either hearing on the motion of a person responsible for the care of the child
(b) 626 (a) FCA
The court may adjourn either the fact finding hearing or the dispositional hearing on its own motion for good cause shown or on a motion made by the parent or other person responsible for the care of the child.
FCA 631 (a),(b),(c) & FCA 632, 634
At the conclusion of the dispositional hearing the court has the option of:
(a) dismissing the petition
(b) suspending judgment
(c) committing the guardianship and custody of the child to the petitioner
(d) all of the foregoing
(d) 631 (a),(b),(c); 632, 634 FCA
All choices are correct.
FCA 633 (a), (b)
The maximum duration of a suspended judgment is:
(a) 1 year
(b) 18 months
(c) 2 years
(d) 3 years
(a) 633 (a), (b) FCA
The maximum duration of a suspended judgment is one year unless the court finds at the end of that period that exceptional circumstances require an extension of that period for one additional period up to one year. Successive extensions may not be granted.
The order of suspended judgment must set forth the duration, terms and conditions of the suspended judgment.
FCA 635
With regard to a petition for the restoration of parental rights as it pertains to an order for guardianship and custody of the child per FCA 631, subdivision (c)
(1) the order must have been issued 1 or more years prior to the date of filing of the petition
(2) the child must be 12 or older and must remain under the jurisdiction of the family court
(3) the child must not have been adopted and does not have a permanency goal of adoption
(4) the child must consent to the relief requested in the petition
(a) only one statement is correct
(b) all statements are correct
(c) half of the statements are incorrect
(d) none of the statements are correct
(c) 635 (a), (d) FCA
Two (or half) of the statements are incorrect. The correct information for statement (1) is “2 or more years” and “14 or older” for statement (2).
FCA 636 (a)
A proceeding to modify the disposition in order to restore parental rights may be originated by the filing of a petition by
(1) the court clerk
(2) the child’s attorney
(3) the agency or individual to whom guardianship and custody of the child had been committed
(4) the respondent(s) in the termination of rights proceeding
(a) all of the above
(b) none of the above
(c) 2 of the above
(d) 3 of the above
(d) 636 (a) FCA
Option (1) cannot originate the petition. Either (2), (3) or (4) can, thus (d) is the correct choice. Note that the petition shall be served upon those same persons (2) through (4) as well as the attorney(s) who represented the respondent(s) in the termination of rights proceeding. A certified copy of the order committing guardianship and custody shall be attached to the petition.
FCA 651 (b)
When initiated in the family court, the family court has jurisdiction to determine the custody or visitation of minors including applications by:
(a) a sister or a brother
(b) an aunt or uncle
(c) a grandparent
(d) a cousin (first degree)
(c) 651 (b) FCA with reference to DRL, section 72.
Grandparents may apply to the supreme court or the family court under section 651 (b) FCA for a writ of habeas corpus and proceedings brought by petition and order to show cause, for the determination of custody or visitation rights pursuant to section 72 DRL.
FCA 655 (c)
The court under article 6 FCA may issue or extend a temporary order of protection:
(a) on ex parte application
(b) on notice
(c) on notice with the issuance of a warrant for the respondent’s arrest
(d) all of the foregoing
(d) 655 (c) FCA
All the foregoing
FCA 656-a
Upon issuance of an Order or Temporary Order of Protection, the court shall make a determination regarding firearms. Which of the following is most correct?
(a) all or some of the following
(b) suspension and revocation of a license to carry or possess
(c) repair or dispose of firearm
(d) ineligibility for such license
(e) surrender in accordance with FCA 842-a (Order to Surrender)
(a) 656-a FCA
Statements (b) through (e) apply per this section and apply when a violation of the O.O.P. or Temporary O.O.P. occurs, making (a) the most correct option.
FCA 664
Which of the following statements are correct concerning an in camera interview with an infant by the court in a proceeding to fix temporary or permanent custody in a matrimonial action
(1) the court shall not conduct such an interview without a stenographic record being made
(2) the court may conduct such an interview without a stenographic record being made
(3) if an appeal is taken on an order or a judgment on any action or proceeding the stenographic record of such an interview shall be made part of the record
(a) 1 only
(b) 2 only
(c) 1 & 3 only
(d) 2 & 3 only
(c) 664 FCA
The court must make a stenographic record of an in camera interview with an infant in any proceeding to fix temporary or permanent custody or a proceeding to modify a judgment or order concerning a marital separation, divorce, annulment or dissolution of a marriage.
FCA 616 TRUE OR FALSE
Upon the filing of a petition, the court may require the parent to show cause why the court should not commit guardianship and custody to the petitioner for the reason that the child is permanently neglected.
(T) 616 FCA
When a petition is filed under article 6 FCA, the court may cause a copy of the summons and petition to be issued and, based on these documents, require the parent to show cause why the court should not enter an order committing the child to the guardianship and custody of the petitioner for the reason that the child is permanently neglected.
