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Family Court Act > Social Services Law 383-C > Flashcards

Social Services Law 383-C Flashcards

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1
Q

A child in foster care shall mean a child in the care of an authorized agency pursuant to SSL 384-a or article ____, ____, or ____ of the family court act

A

3, 7, 10

Ssl 383-C-1

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2
Q

“Surrender” is a written instrument committing the guardianship of the person and the custody of a child under the age of ___ to an authorized agency

A

18

SSL 383-C-1

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3
Q

T/F? An authorized agency shall not accept a surrender instrument conditioned upon adoption by a particular person, unless person is a certified or approved foster parent

A

True

SSL 383-C-2

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4
Q

A surrender agreement may provide for communication or contact between the child and the child’s parent(s) and siblings (siblings ___ or over must consent in writing for agreement to be enforceable

A

14

SSL 383-C-2

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5
Q

T/F? A judicial surrender becomes final and irrevocable immedialty upon its execution and acknowledgment

A

True

Ssl 383-C-3

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6
Q

Any witness may, if so commissioned, MAY/MAY NOT serve as notary in an extra-judicial surrender

A

MAY

SSL 383-C-4

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7
Q

Within __ days after execution of surrender, the authorized agency shall file an application for approval of the extra-judicial surrender in the court

A

15

SSL 383-C-4

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8
Q

T/F? A person who received notice of a hearing to approve an extra-judicial surrender may not challenge the validity of an approved surrender in any other proceeding

A

True

SSL 383-C-4

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9
Q

T/F? A judicial surrender instrument shall state that surrender becomes final and irrevocable immediately upon execution

A

True

SSL 383-C-5

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10
Q

Revocation of an extra-judicial surrender is effective if it is in writing and postmarked or received by the court named in the surrender within __ days of the signing of the surrender

A

45

SSL 383-C-5

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11
Q

Surrender shall be recorded in the office of the ________ in the county where the surrender was executed or where principal office of such agency is located, in a book kept under seal and subject to inspection only as provided by SSL 372 sub 3 and 4

A

county clerk

SSL 383-C-5

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12
Q

T/F? Surrender, surrender instrument, and surrender paper shall refer exclusively to adoption of children in foster care

A

True

SSL 383-C-5

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13
Q

If court disapproves the surrender, or if revocation of a non-judicial surrender is mailed and postmarked or delivered to court within __ days of execution of surrender, surrender shall be deemed a nullity and child shall be returned to authorized agency

A

45

SSL 383-C-6

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14
Q

T/F? If revocation of a non-judicial surrender is mailed and postmarked or delivered to court after 45 days of execution of surrender and child was not placed with adoptive parents, surrender shall be deemed a nullity and child shall be returned to authorized agency

A

True

SSL 383-C-6

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15
Q

T/F? A surrender for adoption executed by a parent, parent or guardian who is in foster care shall be executed only before a judge on the family court

A

True

SSL 383-C-6

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16
Q

adoption proceeding in the case of an extra-judicial surrender shall be initiated more than ___ days after the surrender is executed

A

45

SSL 383-C-6

17
Q

Persons having custody of child for more than __ months have right to intervene in any proceeding commenced to set aside a surrender. Intervention may be made anonymously or in the true name of such person

A

12

SSL 383-C-6b

18
Q

Which of the following four statements are correct? A “surrender” is signed
1. by both parents if living, or 1 parent if other is deceased
2. by 1 parent, if the other parent abandoned child for 6 months as per SSL 384-b
3. by mother, if child was born out of wedlock, and father (if his consent would be required for adoption of child)
4. by attorney for parent(s) of child
A. All are correct
B. 1
C. 1, 2, and 3
D. 1, 2 and 4

A

C. 1, 2, and 3

SSL-383-C-1

19
Q

A surrender of a child to an authorized agency for the purpose of adoption may be executed and acknowledged before
A. only before a judge of FC or a surrogate in this state
B. only before a FC judge
C. Only before a Supreme Court judge or a judge of the FC
D. any superior court

A

A. only before a judge of FC or a surrogate in this state

Ssl-383-C-3

20
Q

Which of the following statements is false? If surrender is NOT executed and acknowledged before the judge (extra judicial surrender)
A. the surrender must be executed and acknowledged by parent in the presence of 3 witnesses
B. at least 1 of witnesses must be an employee of an authorized agency trained to receive surrenders
C. at least 1 witness shall be either a licensed master social worker an attorney who is not an employee, volunteers, consultant or agent for agency to which child is being surrounded
D. must be done before a notary public or other officer authorized to take proof of deeds

A

A. the surrender must be executed and acknowledged by parent in the presence of 3 witnesses

SSL-383-C-4

21
Q

Which of the following statements are correct? After execution of surrender, the authorized agency shall file an application for approval of the extra-judicial surrender in the court
1. in which the adoption proceeding is expected to be filed
2. or (if such court is not known) the family or surrogate’s court in county where agency has principal office
3. if child was in foster care as per FCA 10 or 10-A or SSL 3580A, application must be filed in court that exercised jurisdiction and assigned to the judge that last presided over the case
A. 1 and 3
B. 1 and 2
C. 1, 2 and 3
D. 3

A

C. 1, 2 and 3

SSL-383-C-4

22
Q

Which of the following is correct? The application for approval shall have an affidavit from all witnesses of the surrender stating
1. date, time and place where surrender was executed and acknowledged
2. that present was provided with a copy of the surrender
3. that surrender was read in full in the English language and conditions explained
4. that the parent executed and acknowledged the surrender
A. 1
B. 2
C. 3
D. 4

A

C. 3

SSL 383 C-4

23
Q

Which of the following statements are correct? In an extra-judicial surrender, the authorized agency must affix an affidavit by an employee responsible for supportive counseling that
1. supportive counseling was offered
2. parent accepted supportive counseling
3. if accepted, nature of supportive counseling and when provided
A. 1 and 3
B. 1 and 2
C. 1, 2 and 3
D. 1

A

A. 1 and 3

Ssl 383 C-4

24
Q 
If there is a substantial failure of a material condition in a surrender instrument after court approval and before the final adoption of the child, the agency shall file a petition within \_\_ days of failure for court to review the failure (and in the absence may be filed by parent or law guardian within \_\_\_ days after notification of the failure, but prior to the adoption of the child
A. 20, 40
B. 20, 30
C. 60, 90
D. 30, 60
A

D. 30, 60

SSL 383 C-5

25
Q 
An extra-judicial surrender instrument must state that the authorized agency shall notify parents within \_\_\_ days of any substantial failure of a matter condition of the surrender prior to the finalization of the adoption of the child
A. 10
B. 15
C. 30
D. 20
A

D. 20

SSL 383-C-5

26
Q 
An extra-judicial surrender instrument shall state that agency will file a petition within \_\_\_ days of failure for court to review the failure (and in the absence may be filed by parent or law guardian within \_\_ days after notification of the failure, but prior to the adoption of the child
A. 20, 30
B. 30, 60
C. 60, 90
D. 10, 20
A

B. 30, 60

SSL 383-C-5

27
Q 
Which of the following choices is false? Upon execution of surrender instrument, parent executing the surrender shall provide the following information if known about person to whom parent was married at time of conception of child and any other person entitled to notice
A. name
B. last-know address
C. social security number
D. martial status
A

D. martial status

SSL 383 C-5

28
Q 
Where there is an agreement for adoption of a child and after approval of a judicial surrender. if it is determined that pre-adoptive parents will not adopt the child or if there is a substantial failure prior to the finalization of the adoption of a child, the agency shall notify the court and law guardian within \_\_\_ days and shall file within \_\_\_ days a petition for the court to review such failure (in the absence of such a filling, parent or law guardian of child may file within \_\_ days after notification of failure and prior to the adoption.)
A. 10, 20, 30
B. 20, 30, 60
C. 30, 60, 90
D. 10, 30, 60
A

B. 20, 30, 60

SSL 383 C6

Family Court Act (21 decks)

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