SSL 383-C Volume 1 Flashcards
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
- A child in foster care shall mean a child in the care of an authorized agency pursuant to SSL 384-a, or articles 3, 7 or 10 of the family court act.
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
- A child in foster care shall mean a child in the care of an authorized agency pursuant to SSL 384-a, or articles 3, 7 or 10 of the family court act.
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
A “surrender” is a written instrument committing the guardianship of the person and the custody of a child under the age of 18 to an __________
authorized agency.
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
A “surrender” is signed:
(a) by _________ if living, or 1 parent if the other is deceased.
(b) by 1 parent, if the other parent abandoned child for ________ months as per SSL 384-b,
(c) by _________ , if child was born out of wedlock, and father (if his consent would be required for adoption of child),
(d) by the __________ of the child - with the approval of the court or signed by the officer who appointed such guardian (if both parents are dead or the child was born out of wedlock and mother is dead).
both parents…. 6……… mother…….. guardian
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
- (a) An authorized agency shall not accept a surrender instrument conditioned upon adoption by a person unless person is a ________ or ____________ foster parent
certified or approved
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
2.
(b) A surrender agreement may provide for communication or contact between the child and the child’s __________ and ____________ (siblings ____________ or over must consent in writing for agreement to be enforceable).
If the court does not approve contact agreement, it may still approve the surrender agreement, provided that the birth parent(s) executing the agreement are given an opportunity at that time to withdraw the agreement.
parent(s) and siblings……. 14
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Judicial Surrender
3.
(a)
A surrender of a child to an authorized agency for the purpose of adoption may be executed and acknowledged before a judge of the __________ or _____________ in this state.
family court or a surrogate
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Judicial Surrender
(a)
If a child was in foster care pursuant to FCA 10 or 10-A, or SSL 358-a, the surrender shall be executed and acknowledged before the ___________ that exercised jurisdiction and assigned if possible to the judge that last presided over that proceeding.
family court
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Judicial Surrender
(a)
A certified copy of the ____________ of a proceeding of an out of state execution and acknowledgment showing compliance with SSL 383-C-3(b) must be filed as part of the adoption proceeding in this state
transcript
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Judicial Surrender
(b) Before a judge approves a judicial surrender he:
- must order that notice be given to parties entitled to notice and to those that he may prescribe
- advise parent(s) of their right to be represented by counsel
- must inform parent(s) that if a surrender agreement has conditions, parents (unless they waive in writing their right to receive notices) must provide the authorized agency with a mailing address and keep agency informed of any changes in the address
- must inform parents that surrender is final and irrevocable immediately upon its execution and acknowledgment.
Upon the execution of the surrender, the judge shall give a copy to the parent(s).
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Judicial Surrender
(b) Before a judge approves a judicial surrender he:
- must order that notice be given to parties entitled to notice and to those that he may prescribe
- advise parent(s) of their right to be represented by counsel
- must inform parent(s) that if a surrender agreement has conditions, parents (unless they waive in writing their right to receive notices) must provide the authorized agency with a mailing address and keep agency informed of any changes in the address
- must inform parents that surrender is final and irrevocable immediately upon its execution and acknowledgment.
Upon the execution of the surrender, the judge shall give a copy to the parent(s).
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Extra-judicial surrenders
- (a)
If surrender is NOT executed and acknowledged before the judge (extra-judicial surrender): the surrender must be executed and acknowledged by parent in the presence of ______ witnesses, at least 1 of witnesses must be an employee of an authorized agency trained to receive surrenders, at least 1 of witness consultant, be either a licensed master social worker or an attorney who is not an employee, volunteer, consultant or agent for the agency to which child is being surrendered must be done before a notary public or other officer authorized to take _____________
Any witness may, if so commissioned, serve
as a notary under this subdivision.
2…… proof of deeds
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Extra-judicial surrenders
4.
- Within _________ days after execution of surrender, the authorized agency shall file an application for approval of the extra-judicial surrender in the court in which the adoption proceeding is expected to be filed or (if such court is not known) FC or surrogate’s court in county where agency has its principal office
- However, if child was in foster care as per FCA 10 or 10-A, or SSL 358-A, then application must be filed in court that exercised jurisdiction and assigned to the judge that last presided over the case.
15
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Extra-judicial surrenders
(b)
4.
The application for approval shall have an ___________ from all witnesses of the surrender stating:
(I) date, time, and place where surrender was executed and acknowledged
(ii) that parent was provided with a _______ of the surrender
(iii) that surrender was read in full in parent’s principal language and conditions explained
(iv) that the parent executed and ____________ the surrender
Affidavit …… Copy ……… acknowledged
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Extra-judicial surrenders
4.
(c) Authorized agency must affix an affidavit by an employee responsible for supportive counseling that:
(i) _________________ was offered
(ii) whether parent accepted or not the supportive counseling
(iii) if accepted, nature of supportive counseling and when provided
supportive counseling
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Extra-judicial surrenders
4.
(d)
- Before a judge approves an extra- judicial surrender, he must order that notice be given to parties entitled to notice and to those that he may prescribe
- No person who received __________ may challenge the validity of an approved surrender in any other proceeding.
notice
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
Extra-judicial surrenders
4.
(e) The agency to which child is surrendered shall notify court if it receives any ______________ from parent(s) or persons on their behalf indicating wish to revoke the surrender before the final order is issued.
correspondence
