FCA Article 6

Question 1

FCA 616 T/F?
Service by publication shall be made as per CPLR 316, except that only a single publication of summons or other process in only one newspaper shall be sufficient

Answer 1

TRUE

Question 2

FCA 622 Fact-finding determination must be based on (what standard of evidence?)

Answer 2

Fact-finding determination must be based on CLEAR AND CONVINCING PROOF

Question 3

FCA 623 Evidence at dispositional hearing must be (competent?/relevant?/material?)

Answer 3

Evidence at dispositional hearing must be RELEVANT AND MATERIAL. (The evidence does NOT have to be competent)

Question 4

FCA 651 T/F?
Generally, FC has jurisdiction to determine habeas corpus proceedings and to determine the custody and visitation of minors

Answer 4

TRUE

Question 5

FCA 661 The FC has like jurisdiction authority as is now conferred on the ___ and ___ courts as concerns the guardianship of the person of a minor.

Answer 5

…conferred on the COUNTY and SURROGATE’S courts…

Question 6

FCA 664 If court conducts an in camera interview (“not in the courtroom”) of an infant in a custody proceeding, a ___ record must be made.

Answer 6

…custody proceeding, a STENOGRAPHIC record must be made

Question 7

FCA 671 The court may in certain cases issue a warrant (and clerk can issue a ____ which expires ___ days from date of issue but can be renewed from time to time by the clerk).

Answer 7

…and clerk can issue a CERTIFICATE OF WARRANT which expires 90 days…

Question 8

FCA 611 Section ___ of the social services law provides for the appointment of a guardian of a child based upon permanent neglect.

Answer 8

Section 384-b of the social services law…

Question 9

FCA 614 A permanently neglected child is under the age of ___

Answer 9

A permanently neglected child is under the age of 18

Question 10

FCA 617 A summons in a proceeding to terminate parental rights must be served ___ days before the time stated for appearance

Answer 10

….must be served: 20 DAYS before the time stated for appearance.

Question 11

FCA 624 Evidence at fact-finding hearing to terminate parental rights must be ___

Answer 11

…parental rights must be MATERIAL, RELEVANT AND COMPETENT

Question 12

FCA 633 Maximum period of suspended judgment (termination of parental rights) is ____

Answer 12

…(termination of parental rights) is: 1 YEAR AND CAN BE EXTENDED FOR ANOTHER YEAR IF EXCEPTIONAL CIRCUMSTANCES

Question 13

FCA 641 FC and ___ court have concurrent jurisdiction over adoption proceedings.

Answer 13

FC and SURROGATE’S COURT have concurrent jurisdiction ….

Question 14

FCA 622 Fact-finding determination at a fact-finding hearing (Permanent termination of parental rights by reason of permanent neglect) shall be based on ___ (standard of proof)
a. preponderance of the evidence
b. clear and convincing proof
c. proof beyond a reasonable doubt
d. none of the above

Answer 14

…shall be based on CLEAR AND CONVINCING PROOF

Question 15

FCA 617 Summons and petition under FCA 6 must be made at least 20 days before time stated for appearance and must, in or outside NYS, or in a foreign country e made in accordance with ___.
a. FCA Section 611c
b. Rules of the Chief Judge, Section 205
c. Civil Practice Law and Rules (CPLR) Article 3
d. Surrogates Court Procedures Act (SCPA) with respect to the service of a citation.

Answer 15

D.
…made in accordance with SURROGATES COURT PROCEDURES ACT (SCPA) WITH RESPECT TO THE SERVICE OF A CITATION

Question 16

FCA 611 Proceedings to terminate parental rights due to permanent neglect are initiated pursuant to:
a. CPLR 4
b. CPL 30
c. Article 384-b of the Social Services Law
d. The Surrogates Court Procedures Act

Answer 16

C.
…pursuant to ARTICLE 384-b OF THE SOCIAL SERVICES LAW

Question 17

FCA 617 Which of the following statements relating to Article 6 proceeding of the FCA is correct?
a. Court shall not order substituted service of summons and petition
b. Court may not order service by publication
c. Personal service shall be as per CPLR
d. Service may be made in a foreign country

Answer 17

D.
SERVICE MAY BE MADE IN A FOREIGN COUNTRY

Question 18

FCA 624 Which of the following relating to a hearing to terminate parental rights due to permanent neglect is correct?
a. at fact-finding evidence must only be material and
relevant
b. at dispositional hearing evidence must be material,
relevant, and competent
c. court may never dispense with dispositional hearing
d. evidence of parental contact after filing of proceeding is
inadmissible at fact-finding hearing

Answer 18

D.
EVIDENCE OF PARENTAL CONTACT AFTER FILING OF PROCEEDING IS INADMISSIBLE AT FACT-FINDING HEARING

Question 19

FCA 631 Which of the following is not a valid disposition under a proceeding to terminate the parental rights due to permanent neglect of child?
a dismissal of the petition
b. suspending judgment
c. committing guardianship & custody of child
d. probation

Answer 19

D.
PROBATION is not a valid dispositional order

Question 20

FCA 661 With respect to guardianship of the person of a minor, the FC has like jurisdiction as the:
a. County courts and surrogate’s courts.
b. County courts and District Courts
c. Surrogate’s courts and district courts
d. Appellate Division

Answer 20

A.
COUNTY COURTS AND SURROGATE’S COURTS

Question 21

FCA 671 A certificate of warrant issued under article 6 of the FCA expires ___ days from date of issue and ___
a. 30…may be renewed from time to time by the clerk of court
b. 90…may only be renewed by the assigned judge
c. 120…may not be renewed without a further court order
d. none of the above

Answer 21

D.
NONE OF THE ABOVE…expires 90 DAYS from date of issue and MAY BE RENEWED FROM TIME TO TIME BY THE CLERK OF COURT

Question 22

FCA 641 Which two courts have original concurrent jurisdiction over adoption proceedings?
a. FC and surrogate’s court
b. FC and district courts.
c. FC and court of claims
d. FC and county court

Answer 22

A.
FAMILY COURT AND SURROGATE’S COURT have original…..

Question 23

FCA 614 Which of the following is not correct?
Petition under article 6 of the FCA (Termination of parental
rights due to permanent neglect) must allege that:
a. child is under 18 years if age
b. child is presently under care of authorized agency
c. agency has not made efforts to encourage parental
relationship
d. parent has willfully for more than 1 year not maintained
contact with child, or for 15 of most recent 22 months

Answer 23

C.
This should read, “AGENCY HAS MADE EFFORTS TO ENCOURAGE PARENTAL RELATIONSHIP