Social Services Law Section 384-C

Question 1

What is Social Services Law 384-C?

Answer 1

NOTICE IN CERTAIN PROCEEDINGS TO FATHERS OF CHILDREN BORN OUT-OF-WEDLOCK

Question 2

Notice of proceeding (of children born out of wedlock) does NOT have to be given to a person convicted of any of the following crimes when the subject of the proceeding was conceived as a result of:

Answer 2

1. Rape in 1st or 2nd degree, or
2. Course of sexual conduct against a child in the 1st degree, or
3. Predatory sexual assault, or
4. Predatory sexual assault against a child

Question 3

Notice shall be provided to the following individuals of any proceeding initiated involving: dependent children in foster care, ____________ of children not in foster care, and guardianship & custody of destitute or dependent children involving a child born out of wedlock.

Answer 3

guardianship & custody

Question 4

Notice of proceeding (of children born out of wedlock) (MAY/MUST) be given to:

1. Person adjudicated by a NYS court to be the father of the child
2. Person adjudicated by court of another state or US territory and certified copy of court order has been filed with the putative father registry
3. Person who has filed notice of intent to claim paternity of the child
4. Any person recorded on the child’s birth certificate as the father of the child
5. Any person who is openly living with the child and the child’s mother at the time of the proceeding and who is holding himself out to be the father of the child
6. Any person identified as the child’s father by the mother’s written statement
7. Any person married to the child’s mother within 6 months after birth of child and prior to execution of surrender instrument or the initiation of 384-b proceeding
8. Any person who has filed with putative father registry an instrument acknowledging paternity of the child, pursuant to 4-1.2 of the estates, powers and trusts law

Answer 4

MUST

Question 5

This section does not apply to section 111 of the domestic relations law. The sole purpose of notice under this section _____ be to enable the person served to present evidence to the court relevant to the best interests of the child. In any proceedings upon the ground that the child is a permanently neglected child, a person served may only appear and present evidence at the dispositional hearing.

Answer 5

SHALL

Question 6

Notice shall be given at least __________ days prior to the date of the proceeding by delivering a copy of the petition and notice of petition. Service can be registered or certified mail when personal service cannot be effected.

Answer 6

TWENTY (20) days

Question 7

A person may waive the right to notice by _______

Answer 7

written instrument (aka waiver)

Question 8

Notice must provide: (4 things) ___, ___, ___, ____ AND inform them that their failure to appear may constitute a denial of their interest in the child. Such denial may result, without further notice, in the transfer or the commitment of the child’s care, custody, or guardianship or adoption.

Answer 8

the time, date, place and purpose of the proceeding

Question 9

No order of the court may be vacated, annulled or reversed upon application of a person properly served but _________

Answer 9

failed to appear.