Social Services Law 384-B

Question 1

Proceeding for guardianship and custody under this article shall generally be originated in FC where article 10 proceeding was last heard (or in the ______ court if child was placed in foster care by that court)

Answer 1

surrogate’s

SSL 384-B Section 3

Question 2

Unless filed in the surrogate’s court where child was placed in foster care, OR (if there was no such proceeding) in the family court where article 10 proceeding was last heard (and to huge who heard proceeding) an article 384-B proceeding shall be originated in county where: 1. either parent of the child or child resides at the time of filing of petition, or 2. _________________

Answer 2

county in which authorized agency has an office

SSL 384-B Section 3

Question 3

Petition is commenced by service of a petition on notice served upon parent(s) and their attorneys and _________.

Answer 3

other persons as surrogate or judge prescribe

SSL 384-B Section 3

Question 4

T/F? Order committing guardianship and custody of child shall be based on preponderance of evidence

Answer 4

False

SSL 384-B Section 3

Question 5

T/F? Husband/wife and physician/patient confidential communications privilege shall not be a ground for excluding evidence

Answer 5

True

SSL 384-B Section 3

Question 6

Order resulting from proceeding shall be filed with the _________________________________________________

Answer 6

county clerk in the county where such order was issued. A certified copy of order shall be filed in the office of the county clerk in county where order was granted

SSL 384-B Section 3

Question 7

If child is ____ or over, court may consider wishes of child regarding guardianship and custody

Answer 7

14

SSL 384-B Section 3

Question 8

Unless there are compelling reasons, authorized agency having custody of child shall file proceeding to terminate parental rights where child was in foster care for __ months of most recent __ months.

Answer 8

15; 22

SSL 384-B Section 3

Question 9

A “permanently neglected child” is in care of authorized agency and 2. __________________________________________

Answer 9

parent has failed for a period of one year (or 15 of the last 22 months), after child came under care of authorized agency, to maintain contact or plan for future child

SSL 384-B Section 7

Question 10

T/F? When court transfers custody and guardianship to commissioner, the attorney for the agency shall inform persons approved as child’s adoptive parents of such fact and advise persons procedures necessary for adoption

Answer 10

True

SSL 384-B Section 10

Question 11

A CHILD means a person under the age of
A. 21
B. 18
C. 16
D. 14

Answer 11

B. 18

SSL 384-B Section 2

Question 12

Which of the following statements is false? Proceeding for the guardianship nd custody of destitute or dependent children may be originated by
A. authorized agency
B. foster parent
C. child, if over 14 years of age
D. relative with care and custody of child

Answer 12

C. child, if over 14 years of age

SSL 384-B Section 3

Question 13

Family Court and surrogate’s court have concurrent jurisdiction if
1. child is permanently neglected child
2. parents are mentally unable to provide for child who in care of authorized agency for 1 year prior to petition filing date
A. 1 only
B. 2 only
C. 1 and 2
D. neither

Answer 13

D. neither

SSL 384-B Section 3

Question 14

Family court and surrogate’s court have concurrent jurisdiction
1. if both parents are dead and no guardian has been appointed
2. parents abandoned child at least 6 months prior to petition filling date
A. 1
B. 2
C. both
D. neither

Answer 14

C. both

SSL 384-B Section 3

Question 15

An order committing guardianship and custody of child shall be based on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
A. proof beyond a reasonable doubt
B. reasonable cause to believe
C. preponderance of the evidence
D. clear and convincing proof

Answer 15

D. clear and convincing proof

SSL 384-B Section 3

Question 16

An order resulting from a 384-b proceeding (Guardianship and Custody of Destitute or Dependent Children; Commitment By Court Order) shall be filed in court where issued and
A. certified copy filed with county clerk in county where court which issued order
B. copy filed with county clerk in county where court is located
C. an exemplified copy filed with county clerk in county where court is located
D. a transcript of judgment filed with Surrogate’s Court.

Answer 16

A. certified copy filed with county clerk in county where court which issued order

SSL 384-B Section 3

Question 17

If child is \_\_ or over, court may consider wishes of child regarding guardianship and custody
A. 12
B. 14
C. 16
D. 17

Answer 17

B. 14

SSL 384-B Section 3

Question 18

Generally (unless there are compelling reasons) the authorized agency having custody of child shall file a petition to terminate parental rights where
1. court has determined that child is an abandoned child
2. parent has been convicted of one of specified crimes
A. 1
B. 2
C. both
D. neither

Answer 18

C. both

SSL 384-B Section 7

Question 19

In every proceeding relating to mental illness or mental retardation of parent(s), court shall take testimony of 
     1. qualified psychiatrist
    2. qualified psychologist
A. 1
B. 2
C. both
D. either one

Answer 19

D. either one

SSL 384-B Section 6