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2023 Miscellaneous notes > DRL 7 Volume 2 > Flashcards

DRL 7 Volume 2 Flashcards

1
Q
  1. DRL 7 (114) Order of adoption

Before adoption records are sealed, court order for a certified copy may be granted upon __________ application.

A

ex parte

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2
Q
  1. DRL 7 (114) Order of adoption

After adoption records are sealed, court order for a certified copy may be issued upon application on notice to adoptive parents and others as court may direct.

A
  1. DRL 7 (114) Order of adoption

After adoption records are sealed, court order for a certified copy may be issued upon application on notice to adoptive parents and others as court may direct.

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3
Q
  1. DRL 7 (114) Order of adoption

An adoption certificate has the same force and effect as a certified copy of _________

A

order of adoption.

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4
Q
  1. DRL 7 (114) Order of adoption

Order of adoption may be opened, vacated, or set aside by judge/surrogate, by whom order was made, for _______, ____________ or other sufficient cause.

A

fraud, newly discovered evidence

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5
Q
  1. DRL 7 (114) Order of adoption

None of the papers shall contain the __________ of the child.

A

surname

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6
Q
  1. DRL 7 (114) Order of adoption

Private placement adoption proceeding venue is __________ where adoptive parents reside, or if adoptive parents do not reside in NYS, in county where adoptive child resides.

A

county

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7
Q
  1. DRL 7 (114) Order of adoption

Unless waived by the court, in a ____________ adoption, adoptive parent must be certified as a qualified adoptive parent.

A

private

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8
Q

115-A Special provisions relating to children to be brought into the state for private-placement adoption (BARD)

For children to be brought into the state for private-placement adoption:

  • Prospective adoptive parents must file an application for a pre-adoption investigation with the court.
    • The application must include information about the adoptive parents, the child, and the circumstances of the adoption.
  • The adoptive parents must present the pre-adoption certificate to the United States Citizenship and Immigration Services (USCIS) when they apply to adopt the child.
A

115-A Special provisions relating to children to be brought into the state for private-placement adoption (BARD)

  • Prospective adoptive parents must file an application for a pre-adoption investigation with the court. The application must include information about the adoptive parents, the child, and the circumstances of the adoption.
  • The adoptive parents must present the pre-adoption certificate to the United States Citizenship and Immigration Services (USCIS) when they apply to adopt the child.
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9
Q

115-A Special provisions relating to children to be brought into the state for private-placement adoption (BARD)

For children to be brought into the state for private-placement adoption:

The pre-adoption _________ records will be sealed by the court and will not be available for public inspection.

A

investigation

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10
Q

115-A Special provisions relating to children to be brought into the state for private-placement adoption (BARD)

For children to be brought into the state for private-placement adoption:

Once a pre-adoption certificate has been issued, the private-placement adoption can proceed like any other adoption, except that the petition must mention the pre-adoption proceedings and the court may waive a subsequent investigation for good cause.

A

115-A Special provisions relating to children to be brought into the state for private-placement adoption (BARD)

Once a pre-adoption certificate has been issued, the private-placement adoption can proceed like any other adoption, except that the petition must mention the pre-adoption proceedings and the court may waive a subsequent investigation for good cause.

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11
Q

115-A Special provisions relating to children to be brought into the state for private-placement adoption (BARD)

For children to be brought into the state for private-placement adoption:

If the pre-adoption requirements have not been met, the adoption must wait at least __________ , unless the court waives the waiting period for good cause.

A

one year

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12
Q

115-A Special provisions relating to children to be brought into the state for private-placement adoption (BARD)

For children to be brought into the state for private-placement adoption:

These provisions do not apply to adoptions arranged by authorized agencies.

A

115-A Special provisions relating to children to be brought into the state for private-placement adoption (BARD)

These provisions do not apply to adoptions arranged by authorized agencies.

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13
Q

115-A Special provisions relating to children to be brought into the state for private-placement adoption (BARD)

  • Couples or individuals who have adopted a child in another country can petition to _________ the child in New York.
  • Proof of the ______________ will be considered prima facie evidence of consent.
A

Readopt……… foreign adoption

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14
Q
  1. DRL 7 (115-b) Special provisions relating to consents in private-placement adoptions
  • Consent to adoption executed by a person in foster care shall only be executed before a judge of ________
  • Consent to private-placement adoption may be executed or acknowledged before any judge or surrogate in NYS and shall state that it is irrevocable.
  • Generally, consent to a private-placement adoption not executed or acknowledged before judge/surrogate becomes irrevocable __________ after execution of consent
  • If notice of intent to revoke consent is received by court, it shall promptly notify adoptive parents and attorney by _________
A

family court……… 45 days……… certified mail.

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15
Q
  1. DRL 7 (115-c) Temporary guardianship by adoptive parent

Generally, where physical custody of child is transferred to adoptive parents, such parents shall within _______ of taking physical custody file either a petition for adoption or application for temporary guardianship.

A

10 days

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16
Q
  1. DRL 7 (115-d) Petition for certification

A petition for certification shall be denied if petitioner was convicted of ________ (child abuse, neglect, spousal abuse, crime against a child, crime involving violence).

17
Q
  1. DRL 7 (115-d) Petition for certification

A petition for certification shall be denied if petitioner was convicted of a felony within the last _______ for physical harassment or battery or drug related offense.)

18
Q
  1. DRL 7 (115-d) Petition for certification
  • Pre-placement investigation shall be made by a disinterested person.
  • A disinterested person includes a certified social worker, the probation service of the Family Court, or authorized agency designated by court to conduct pre¬ placement investigation.
A
  1. DRL 7 (115-d) Petition for certification
  • Pre-placement investigation shall be made by a disinterested person.
  • A disinterested person includes a certified social worker, the probation service of the Family Court, or authorized agency designated by court to conduct pre¬ placement investigation.
19
Q
  1. DRL 7 (115-d) Petition for certification

An order granting certification is valid for a maximum of __________

A

18 months.

20
Q
  1. DRL 7 (115-d) Petition for certification

Generally, a conditional order of certification is valid until replaced by an order of certification or by an order denying the petition, whichever occurs first, but in no event is longer than ___________ from the date of original issuance.

21
Q
  1. DRL 7 (115-d) Petition for certification

Provisions regarding certification do not apply to step-parent where child has resided with step-parent and birth parent for a continuous period of at least ______

22
Q
  1. DRL 7 (115-d) Petition for certification

Generally, if child is less than 18, court shall not make an order of adoption until ________ after the court received petition to adopt.

23
Q
  1. DRL 7 (115-d) Petition for certification

Generally, a written investigation report shall be submitted to the judge or surrogate within ___________ after it is ordered.

24
Q

115-E Effect of death of potential adoptive parent

  • If one of the adoptive parents dies before the adoption is finalized, the adoption process will continue as planned.
  • The deceased adoptive parent will be considered a legal parent of the child, unless the surviving adoptive parent requests otherwise.
A

115-E Effect of death of potential adoptive parent

  • If one of the adoptive parents dies before the adoption is finalized, the adoption process will continue as planned.
  • The deceased adoptive parent will be considered a legal parent of the child, unless the surviving adoptive parent requests otherwise.

2023 Miscellaneous notes (77 decks)

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