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FCA - FUTURE CLERK 2023: THE CLERKENING > Article 6 volume 1 > Flashcards

Article 6 volume 1 Flashcards

1
Q
  1. Permanently neglected child (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

The purpose of this part is to provide the procedures initiated in the family court for the commitment and the guardianship and custody of a child upon the ground that the child is a _________

A

permanently neglected child

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2
Q
  1. Originating proceeding for the commitment of the guardianship and custody of a permanently neglected child. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

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 that:

  1. The child is under ____________ 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 parent or custodian, notwithstanding the agency’s efforts, has failed for a period of either at least _______ or __________ out of the most recent ___________ MONTHS following the date such 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.
  5. The best interests of the child require the child be committed to an authorized agency or to a foster parent
A

EIGHTEEN (18) YEARS ….. ONE (1) YEAR……. FIFTEEN (15)….. TWENTY-TWO (22)

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3
Q

§ 616. Issuance of summons. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)
On the filing of a petition the court may cause a copy of the petition and summons to be issued, requiring the parent to show cause why the court should not enter an order committing the guardianship and custody of the child to the petitioner for the reason that the child is permanently neglected

A

§ 616. Issuance of summons. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)
On the filing of a petition the court may cause a copy of the petition and summons to be issued, requiring the parent to show cause why the court should not enter an order committing the guardianship and custody of the child to the petitioner for the reason that the child is permanently neglected

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4
Q

§ 617. Service of summons. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

Service of the summons and petition shall be made to the person summoned at least _________ before the time stated therein for appearance. If after reasonable effort personal service is not made, substituted service or service by publication may be ordered by the judge

A

TWENTY (20) DAYS

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5
Q

§ 617. Service of summons. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

Personal service within or without the state or in a foreign country shall be made in accordance with ___________ with respect to service of a citation

A

surrogate’s court procedure act (SCPA)

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6
Q

§ 617. Service of summons. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

Service by publication is in accordance with CPLR 316 however that _________ publication of the summons in ________ newspaper shall be sufficient

The whole petition (SHALL/SHALL NOT) be published. The respondent will be given the petition at the first court appearance

The notice to be published with the summons shall state:

  1. The date, time, place and purpose of the proceeding
  2. That upon failure to appear all of his or her parental rights of the child may be terminated
  3. That his or her failure to appear shall constitute a denial of his or her interest in the child, which may result in the transfer or commitment of the child’s care
A

A single ….. only one .. SHALL NOT

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7
Q

622- Definition of “fact-finding hearing” (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

The fact finding hearing will determine whether the allegations of the petition are supported by _________

A

clear and convincing proof

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8
Q

§ 623. Definition of “dispositional hearing”. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

The dispositional hearing will determine what order of disposition should be made in accordance with the best interests of the child.

A

The dispositional hearing will determine what order of disposition should be made in accordance with the best interests of the child.

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9
Q

§ 623. Definition of “dispositional hearing”. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

Where the disposition ordered is for the commitment of guardianship and custody of the child, an initial ____________hearing shall be held in accordance with Article 10-A of this act

A

freed child permanency

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10
Q

§ 624. Evidence- (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

Evidence at the fact finding hearing must be _________________

Evidence at the dispositional hearing must be only ___________

A

competent, material and relevant (C MR)

material and relevant (MR)

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11
Q

§ 625. Sequence of hearings- (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

Upon completion of the fact finding hearing, the dispositional hearing may commence __________.

If all the parties consent, the court may dispense with the ___________ hearing and make an order of disposition based on the evidence admitted at the fact finding hearing

A

Immediately….. dispositional

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12
Q

§ 625. Sequence of hearings- (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

Reports by the probation service are to remain confidential and shall only be provided to the court for assistance in the _____________ hearing only, and shall not be provided to the court prior to the completion of the ___________ hearing.

They may be withheld from the child’s attorney, counsel, party in interest or other person

A

dispositional………. fact finding

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13
Q

§ 626. Adjournments. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

The court may adjourn the fact finding or the dispositional hearing for __________

At the conclusion of a fact-finding hearing and after it has made findings required before a dispositional hearing may commence, the court may adjourn the proceedings to enable it to make inquiry into the surroundings, conditions, and capacities of the persons involved in the proceedings.

A

good cause shown

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14
Q

§ 631. Disposition on adjudication of permanent neglect- (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

At the conclusion of the dispositional hearing, the court shall enter an order of disposition:

  1. _________ the petition, or
  2. __________ judgment, or
  3. Committing the guardianship and custody of the child, however that such an order may not be entered after the child’s __________ unless the child consents

An order of disposition shall be made solely on the basis of the best interests of the child

A

Dismissing……… Suspending …….EIGHTEENTH BIRTHDAY

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15
Q

****§ 632. Order dismissing petition. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

If the allegations are not established the court shall _______ the petition.
If a motion was made to reconsider an underlying order, such motion ________ even though the petition was ___________. This is unusual procedure…take note of it***

A

dismiss……. survives ….dismissed

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16
Q

§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

The maximum duration of a suspended judgment is __________ unless the court finds exceptional circumstances warrant an additional period of ___________

A

ONE (1) YEAR…. ONE (1) YEAR

17
Q

§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

Not later than __________ prior to the expiration of the suspended judgment the court will review the suspended judgment
Not later than ____________ prior to the expiration of a suspended judgment, the petitioner shall file a report with the family court and all parties including the respondent, regarding the respondent’s compliance with the terms of the suspended judgment

A

THIRTY (30) DAYS……. SIXTY (60) DAYS

18
Q

§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

If, prior to the expiration of the period of the suspended judgment, a motion or order to show cause is filed that alleges a violation of the terms and conditions of the suspended judgment, or that seeks to extend the period of the suspended judgment for an additional period of up to ________ then the period of the suspended judgment is _________ until entry of the order that disposes of the motion or order to show cause.

A

one year…… tolled

19
Q

§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

Upon finding that the respondent has violated the terms and conditions of the order of suspended judgment, the court may enter an order revoking the order of suspended judgment and terminating the parental rights of the respondent or

where such extension is in the best interests of the child, extend the period of suspended judgment for an additional period of up to _________ if no prior extension has been granted

A

one year

20
Q

{§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

If an order of suspended judgment has been satisfied or extended, but the child remains in foster care, a permanency hearing must be held within ___________ of the last permanency hearing.

If guardianship and custody of the child have been transferred to the authorized agency upon an order revoking the order of suspended judgment, a permanency hearing must be held immediately or, at most, within _________ of the court’s order, whether written or on the record, which ever is earlier.

A

six months…….. sixty days

SSS: Sixty Stop Suspended

21
Q

§ 634. Commitment of guardianship and custody; further orders. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT)

The court may enter an order committing the guardianship and custody of the child to the petitioner

A

The court may enter an order committing the guardianship and custody of the child to the petitioner

22
Q

§ 635. Petition to restore parental rights. (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS)

A petition to modify a disposition in order to restore parental rights may be filed when the following conditions are met:

  1. The order committing guardianship and custody of the child had been issued _______ OR MORE YEARS PRIOR to this application to modify AND
  2. An order committing the guardianship and custody of the child was based upon an adjudication upon the grounds that
  • the child was abandoned for ______ or
  • the parents suffer from mental illness or intellectual disability (still known as retardation in case law) and unable to care for the child or
  • the child is a permanently neglected child AND
  1. There was consent to the prior petition for the guardianship and custody of the child AND
  2. The child is __________ YEARS OLD OR OLDER, remains under the jurisdiction of the family court, has not been adopted, does not have a permanency goal of adoption and consents to the relief requested in the petition.
A

TWO(2)….. 6 months…….. FOURTEEN(14)

23
Q

§ 636. Originating a proceeding to restore parental rights; service and venue. - (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS)

A proceeding to modify the disposition in order to restore parental rights may be originated by the filing of a petition by :

1.The child’s attorney
2. The agency or individual who has guardianship and custody of the child now
3. The respondent or respondents in the termination of parental rights proceeding

A

§ 636. Originating a proceeding to restore parental rights; service and venue. - (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS)

A proceeding to modify the disposition in order to restore parental rights may be
originated by the filing of a petition by :

1.The child’s attorney
2. The agency or individual who has guardianship and custody of the child now
3. The respondent or respondents in the termination of parental rights proceeding

24
Q

§ 636. Originating a proceeding to restore parental rights; service and venue. - (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS)

A _________ copy of the order committing guardianship and custody shall be attached to the petition to modify an order of disposition to restore parental rights

A

certified

25
Q

§ 636. Originating a proceeding to restore parental rights; service and venue. - (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS)

A summons may be issued and shall be served in accordance of FCA 617, here it is again:

Service of the summons and petition shall be made to the person summoned at least ___________ before the time stated therein for appearance.

If after reasonable effort personal service is not made, substituted service or service by publication may be ordered by the judge

Service by publication is in accordance with CPLR 316 however that __________ publication of the summons in __________ newspaper shall be sufficient

In no event shall the whole ___________ be published.

A

TWENTY (20) DAYS …… a single ….. only one ……..petition

26
Q

§ 636. Originating a proceeding to restore parental rights; service and venue. - (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS)

The petition to restore parental rights shall be filed before the court that exercised jurisdiction over the most recent __________ proceeding and preferably before the same judge who presided over the termination of parental rights.

The same attorneys should also be used

A

permanency

27
Q

§ 637. Burden of proof, disposition and findings.- (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS)

The petitioner shall have the burden of proving by _______________ that restoration of parental rights are in the child’s best interest, that the conditions needed to be met by FCA 635 have been met and that all parties and the child have consented

A

clear and convincing evidence

28
Q

§ 637. Burden of proof, disposition and findings.- (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS)

Possible dispositions on petition to restore parental rights:

  • The court may grant the petition, modify the previously issued order for termination of parental rights and transfer guardianship and custody of the child to the birth parents Or
  • The court may dismiss the petition and the custody and guardianship of the child will continue with the agency or individual as directed in the order terminating parental rights Or
  • The court may grant the petition conditionally for a designated period of up to ____________ , during which time the child will remain in the custody and guardianship of the local social services district or authorized agency while the child may visit with or be placed on a trial discharge to the birth parents.
    • If this occurs the district or agency will supervise the parent or parents, develop a reunification plan and provide transitional services to the child and parent.
    • They will then report to the parties, attorney for the child and the court not later than _________ prior to the expiration of the designated period.
    • The court shall then schedule the proceeding to be heard before the expiration of the period to determine whether to ultimately grant the petition or not
A

SIX(6)MONTHS…….. THIRTY(30)DAYS

29
Q

§ 641. Jurisdiction over adoption proceedings.

The family court has original jurisdiction concurrent with the __________ over __________proceedings under Article 7 DRL

A

surrogate’s courts ……… adoption

30
Q

§ 642. Rules of court. (ADOPTION)

The __________ may interview persons and obtain such data as will aid the court in determining a petition under this article

A

probation service

31
Q

643 – NEW § 643. Consideration of blindness during adoption proceedings. (ADOPTION)

  1. The court may not deny or decide a petition for adoption solely on the basis that the petitioner is blind.

The blindness of the petitioner shall be considered relevant only to the extent that the court finds, based on evidence in the record, that the blindness affects the best interests of the child whose adoption is the subject of the petition.

As used in this section, “blind” or “blindness” means:
vision that is 20/200 or less in the best corrected eye; or
vision that subtends an angle of not greater than twenty degrees in the best corrected eye.

A

643 – NEW § 643. Consideration of blindness during adoption proceedings. (ADOPTION)

  1. The court may not deny or decide a petition for adoption solely on the basis that the petitioner is blind.

The blindness of the petitioner shall be considered relevant only to the extent that the court finds, based on evidence in the record, that the blindness affects the best interests of the child whose adoption is the subject of the petition.

As used in this section, “blind” or “blindness” means:
vision that is 20/200 or less in the best corrected eye; or
vision that subtends an angle of not greater than twenty degrees in the best corrected eye.

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

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