Social Services Law 384-B Flashcards
(SSL 384B Section 3) 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).
Surrogate’s court
(SSL 384B Section 3) Unless filed in 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 judge 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. _______________.
- county in which authorized agency has an office.
(SSL 384B Section 3) Petition is commenced by service of a petition on notice served upon parent(s) and their attorneys and ___________.
Other persons as surrogate or judge prescribe.
(SSL 384B Section 3) T/F? Order committing guardianship and custody of child shall be based on preponderance of evidence.
False. clear and convincing proof.
(SSL 384B Section 3) T/F? Husband/wife and physician/patient confidential communications privilege shall not be a ground for excluding evidence.
True.
(SSL 384B Section 3) Order resulting from proceeding shall be filed with the ______.
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 384B Section 3) If child is ____ or over, court may consider wishes of child regarding guardianship and custody.
14
(SSL 384B Section 3) 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.
15 months / 22 months
(SSL 384B Section 7) A “permanently neglected child” is a child who: 1. is in care of authorized agency, and 2. ______.
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 of child.
(SSL 384B Section 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 of procedures necessary for adoption of child.
True.
