FCA Article 10 Flashcards
FCA 1012 Aggravated circumstances can mean where a child is severely or repeatedly abused within ____ years after returning home from foster care.
5 years
FCA 1012 Aggravated circumstances can mean where parent has abandoned child under ____ days old with intent that child be cared for in an appropriate manner.
5 days old
FCA 1014 T/F? There may be concurrent proceedings in FC and criminal court.
True.
FCA 1016 Court shall appoint attorney for child on earliest of following (a) emergency removal of a child, or (b) application for emergency removal of a child prior to filing of a petition, or (c)___________________.
filing of petition alleging abuse or neglect.
FCA 1017 In a proceeding where the court will remove a child from the home, the court shall direct social services to notify any non-responding parent and suitable relatives of the pendency of the proceeding and the opportunity of becoming foster parents or seeking custody of the child. Such relatives include those identified by a child over the age of ____ as being significant in the child’s life.
over the age of 5
FCA 1021 When a peace officer acting pursuant to special duties, police officer, or agent of authorized agency association or institution may temporarily remove neglected child without court order and with consent, petition must be filed within ___ court days of removal and hearing shall be held no later than the next court day after petition if filed.
3 court days
FCA 1024 A peace officer, acting pursuant to his special duties, or a police officer, law enforcement official, agent of duly authorized society, physician or a designated employee of a city or county department of social services may remove a child without a court order when there is _______________.
imminent danger to the child’s life or health.
FCA 1026 After emergency removal of child from home without a court order, if child is not returned to parents, a petition must be filed the next day after removal (court may order an extension of up to 3 court days after removal of child) and a hearing shall be held no later than _____ after the petition is filed.
the next court day
FCA 1028 Parent person responsible, or counsel may make application for return of child temporarily removed. Hearing shall be held within ______ of application and shall not be adjourned.
3 court days
FCA 1029 FC, upon application of any person who may originate an Article 10 proceeding, may issue a TOP before or after the filing of a petition. If TOP is granted before filing of petition and then petition is not filed within ___ days, the order shall be vacated.
10 Days
FCA 1032 An abuse or neglect proceeding may be originated by 1) a child protective agency, or 2) ___________.
2) a person on the court’s direction
FCA 1036 The summons and petition (abuse case only) must be served within ____ court days of issuance. If they cannot be served within that time, such facts must be reported to the court within _____ court days of issuance.
2 court days / 3 court days
FCA 1036 Service of a summons and petition (abuse and neglect) shall be made by delivery of a true copy to the person summoned at least ______ before the time stated for appearance.
24 hours
FCA 1036 Service of an abuse petition upon a non-domiciliary or non-resident is required (outside NYS), service must be made within ____ If issuance.
10 Days
FCA 1037(a) Warrant shall be marked on its face “Child Abuse Case,” and warrant must be served within ____ court days of issuance. If not served, it must be reported to court within ____ court days of issuance.
2 court days of issuance / 3 court days of issuance
