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Penal, Uniform & Other Laws 2022 > DRL Article 5-A > Flashcards

DRL Article 5-A Flashcards

1
Q

________ means left without provisions for reasonable and necessary care and supervision.

A

abandoned

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2
Q

________ means an individual who has NOT attained the age of 18.

A

Child/infant

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3
Q

Child Custody Determination _______ an order relating to child support or other monetary obligation of an individual.

A

Does NOT include

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4
Q

___________ is a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.

A

Child Custody Proceeding

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5
Q

________ is the filing of the first pleading in a proceeding.

A

commencement

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6
Q

______ is a state authorized agency to establish, enforce or modify a child custody determination.

A

Court

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7
Q

______ is the state in which a child lived with a parent or person acting as parent for AT LEAST SIX (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned.

A

**Home State

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8
Q

_________ is the first child custody determination concerning a child.

A

Initial Determination

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9
Q

_________ is the court that makes a child custody determination for which enforcement is sought.

A

Issuing Court

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10
Q

_______ is the state in which a child custody determination is made.

A

Issuing state

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11
Q

_______ is a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination.

A

Modification

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12
Q

_______ is an individual, governmental or business entity.

A

person

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13
Q

Person Acting as Parent, Means a person who:

  1. Has physical custody of child for period of __________ immediately before the commencement of a child custody proceeding, and
  2. Has been awarded legal custody by a court or claims right to legal custody under the law of NYS
A

6 consecutive months within 1 year

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14
Q

______ means the physical care and supervision of a child.

A

Physical Custody

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15
Q

______ is a state of the US, District of Columbia, Puerto Rico, the US Virgin Island, or any territory or insular possession subject to jurisdiction of the US. article.

A

State

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16
Q

_________________ does not govern an adoption proceeding or proceedings pertaining to the authorization of emergency medical care for a child.

A

Article 5A UCCJEA of DRL

17
Q

A NYS court shall treat a foreign country as if _________ for the purposes of applying this article. However, it need not apply this article if custody law of a foreign country violates fundamental principles of human rights.

A

it were a US state

18
Q

Party to a child custody proceeding is not subject to _______ in NYS for another proceeding unless there is civil litigation based on acts committed by them while present in this state.

A

personal jurisdiction

19
Q

A party present in NYS who is subject to the jurisdiction of another state is not immune from ________ in this state.

A

service of process

20
Q

_________ does not extend to acts committed by an individual while present in NYS.

A

Immunity

21
Q

___________ may be transmitted from another state and cannot be excluded from evidence on an objection based on the means of transmission.

A

Documentary evidence

22
Q

The court (SHALL/MAY) preserve pleadings, orders, decrees, records, etc. until the child attains _______ of age with respect to custody proceedings. Court or law enforcement official of another state may request certified copies of those records.

A

SHALL , 18 years

23
Q

The return of a parent from military service (SHALL/MAY) be considered a substantial change in circumstances, and upon request of either patent, the court shall determine if a further change in custody should occur on the basis of the child’s best interest.

A

SHALL

24
Q
  • A court has _________ to make an initial child custody determination if:
    1. NYS is home state of the child on date of commencement of proceeding, or NYS was home state of the child within 6 months before proceeding and child is absent from NYS, but parent or person acting as parent continues to live in NYS, or
    2. Court of another state does NOT have jurisdiction as per #1, or has declined jurisdiction, AND a. Child and parent)s) have a significant connection with NYS other than mere physical presence, and b. Substantial evidence is available in NYS concerning child(s) care, protection, training and personal relationships, or
    3. Other courts have declined to exercise jurisdiction
A

jurisdiction

25
Q

Notice of child custody proceeding (MUST/MAY) be given to:

  1. Person entitled to notice under NYS laws in child custody proceeding, and
  2. Parents whose parental rights have NOT been terminated, and
  3. Any person having physical custody of the child
A

MUST

26
Q

There (CAN/CANNOT) be simultaneous child custody proceedings in different states.

A

CANNOT
NYS court may not exercise jurisdiction if a proceeding has been brought in another state, unless the foreign proceeding is terminated or stayed because NYS is a more convenient forum.

27
Q

In a proceeding to modify a child custody determination, a NYS court (SHALL/MAY) determine if enforcement proceedings have been brought in a foreign court.
If it has, NYS court may:
1. Stay NYS proceeding pending entry of foreign order, or
2. Enjoin parties from continuing with NYS enforcement proceeding, or
3. Proceed with modification under condition it considers appropriate

A

Shall

28
Q

A court my decline to exercise jurisdiction if it determines it is an _______, and that a court of another state is more convenient. This may be raised by motion of any party or on the court’s own motion (sua sponte), or request of another court.

A

inconvenient forum

29
Q

Petitioner means a person who seeks enforcement of an order for an order for ________ under the Hague Convention on the Civil Aspects of International Child Abduction, or enforcement of a child custody determination. Respondent means the person against whom a proceeding has been commenced.

A

return of a child

30
Q

A NYS court (MUST/MAY) enforce an order for the return of a child made under the Hague Convention as if it were a child custody determination NYS courts have a duty to recognize and enforce proper foreign child custody determinations

A

MAY

31
Q

Registration of a foreign child custody determination (MUST/MAY) be made by sending to the NYS court:
1. Letter/document requesting registration 2. Two (2) copies, 1 of which must be certified, of determination and statement that it has not been modified 3. Name and address of person seeking registration and name and address of parent/person acting as parent/person who has been awarded custody and visitation.

A

MAY

32
Q

Registration of a foreign child custody determination, NYS registering court (SHALL/MAY):

  1. File determination and 1 copy of attachments as a foreign judgment
  2. Serve notice on parties and provide opportunity to contest registration and the Notice (MUST/MAY) state:
    a. Registered determination is enforceable as of date of registration,
    b. Hearing to contest validity of registration must be requested within 20 days after service of notice,
    c. Failure to contest precludes further contest as to any matter that could have been asserted
A

SHALL, MUST

33
Q

After the hearing for the registration of foreign custody determination, the NYS court MUST ______ registered order, unless:

  1. Issuing court did not have jurisdiction,
  2. Custody determination has been vacate, stayed, or modified,
  3. Notice was not given prior to custody determination by other court.
A

confirm

34
Q

_______ of registered order precludes further contest as to any matter that could have been asserted at the time of registration.

A

Confirmation

35
Q

Which of the following is incorrect?
If the court determines that the petitioner is entitled to immediate physical custody of the child, then the court shall order that petitioner may take immediate physical custody of the child unless respondent establishes that:
1. Child custody determination was registered and confirmed,
AND
a. Issuing court did not have jurisdiction or
b. Determination was vacated, stayed or modified or
c. Respondent was entitled to notice but notice was not given in other court’s proceeding
A. 1 B. a & b C. 1 & c D. all of the above

A

A. 1. Child custody determination was NOT registered and confirmed,

36
Q

Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may make application for the _______to take physical custody of the child if the child is at imminent risk or harm of being removed from the state. The petition must be heard on THE NEXT COURT DAY after the _______. Any adjournment shall not be for more than THREE COURT DAYS.

A

issuance of a warrant , warrant is executed.

37
Q

The warrant to take physical custody of the child is enforceable _________ and there may be authorization to enter private property and make forcible entry AT ANY HOUR.

A

throughout the state

38
Q

A NYS court (SHALL/MAY) accord full faith and credit to a lawful order issued by another state which enforces a child custody determination from another state.

A

shall

Penal, Uniform & Other Laws 2022 (7 decks)

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