FCA Quiz Article 6 Flashcards
____Section of the social services law provides for the appointment of a
guardian of a child based upon permanent neglect.
384-b
FCA 611
A permanently neglected child is under the age of__________
18
FCA 614
A summons in a proceeding to terminate parental rights must be served____days before the time stated for appearance.
20
FCA 617
Evidence at fact-finding hearing to terminate parental rights must be_______
material, relevant and competent
FCA 624
Maximum period of suspended judgment (termination of parental rights) is _________
1 year and can be extended for another year if exceptional circumstances.
FCA 633
FC and _______ court have concurrent jurisdiction over adoption proceedings.
surrogate’s court
FCA 641
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 of 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.
C
FCA 614
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 be 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.
D (FCA 617)
Proceedings to terminate parental rights due to permanent neglect are initiated pursuant to:
A. CPLR 4.
B. CPL 30.
C. Article 384-b of Social Services Law.
D. The Surrogates Ct Procedures Act.
C
FCA 611
Which of the following statements relating to article 6 proceeding of the FCA is correct?
A. Court shall not order substituted service of summons & 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.
D (FCA 617)
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
D
FCA 624
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.
D (FCA 631)
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
A (FCA 661)
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 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.
D (FCA 671)
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
A (FCA 641)