UNIFORM RULES 205 Family Court Flashcards
- 205.3-There shall be an individual assignment system, which provides for the continuous
supervision of each proceeding by a single judge or single support magistrate
Proceedings shall be assigned to a judge upon the filing with the court of the first
document of the case. Assignments shall be made by the clerk of the court using a
random selection method
Exceptions:
1. The judge has too large of a workload already
2. Some judges may have a specialty proceeding that they handle
3. Matters requiring immediate disposition
4. Needs of the court require transfer to another judge
5.The judge can no longer preside over the matter
6. A single judge should hear multiple proceedings involving one family
7. Petition for termination of parental rights shall be assigned to the
judge that presided over the child’s ____________
Article 10 (abuse or neglect proceeding)
- 4- The family court is open to the public and news media and they shall have access to all courtrooms, lobbies and public waiting areas T/F?
True
The general public or any person may be excluded from a courtroom on a case by case
basis upon the determination of the judge that such exclusion is warranted. The judge
will take into consideration factors such as the disruption that the person may cause or
the objection of the person’s appearance by one of the parties
- 205.5- The following shall be permitted access to pleadings, legal papers filed, findings,
decisions, orders and transcribed minutes: - The petitioner, presentment agency and adult respondent and their attorneys
- The parents or other person legally responsible for a child and their attorneys
- The guardian, guardian ad litem and attorney for the child
- The child protective agency or probation service
- An agency to which custody has been granted
- A special advocate program appointed by the court
- A representative of the State Commission on Judicial Conduct upon a filed
complaint - A prosecutor or defense counsel when there is a criminal action pending and
an order of protection has been issued in the family court - Any other court when necessary for a pending proceeding involving the
parties
XX
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be
AS- =
Adoption Surrender
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
B-
Commitment of guardianship and custody Who should the kid “B” with
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
C-
Conciliation
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
E-
Designated felony delinquency Lots of eee’s in the definition
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
K-
Foster care Review Kinder care
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
L-
Approval of foster care placement Approval…
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
M-
Consent to Marry
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
R-
Referred from Supreme Court
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
S-
PINS
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
W-
Material Witness
- 205.7- The prefixes for the docket numbers assigned to the family court proceedings shall be:
Z-
MisZellaneous
- 205.7a-Unless the party requesting an order of protection states they are making alternative
arrangements for service or is delivering the order to law enforcement agencies directly,
the Family court may provide for the electronic transmissions of orders of protection or
temporary orders of protection
XX
- 205.7b- NEW: The_______________ may establish and implement a plan for
one or more pilot programs for the filing of petitions ex parte for temporary orders of
protection by electronic means, and for the conduct of proceedings and the issuance
of such orders by audio-visual means in order to accommodate litigants for whom
attendance at court to file for and obtain emergency relief would constitute an undue
hardship, or to accommodate litigants for whom traveling to and appearing in the
courthouse to obtain emergency relief creates a risk of harm to such litigant.
chief administrator of the courts
- 205.8- All papers for signature or consideration of the court shall be presented to the clerk of
the court, unless the clerk is unavailable or the judge so directs, papers may then be
submitted to the judge and a copy filed with the clerk at the first available opportunity
All papers for the judge filed in the clerk’s office shall be promptly delivered to the judge
and shall be clearly addressed to the judge to whom they are intended
All papers shall show the nature of the papers, title and docket number of the
proceeding, the judge’s name and the name of the attorney submitting them
XX
- 205.10-Each attorney appearing is required to file a written notice of appearance, on or before
the first appearance and in no event later than ____________ after appointment or
retainer, whichever is sooner
TEN (10) DAYS
- 205.11-Where motions filed are required to be on notice:
- The motion shall be returnable at such hour as the assigned judge directs
- The moving party shall serve copies of all affidavits and briefs upon all other
parties or their counsel when the motion is served - The judge may determine that the motion should be argued orally
- Unless oral argument is requested by a party or directed by the court, the
motion is deemed submitted as of the return date assuming they have been
timely received by the clerk - Hearings on motions shall be held when required by statute or ordered by the
judge
XX
- 205.14-In any proceeding to determine temporary or permanent custody or visitation, once a
hearing or trial is commenced it shall proceed to conclusion within _______________
NINETY (90) DAYS
- 205.15-Proposed orders, with proof of service on all parties, must be submitted for signature
within _______________ after the signing and filing of the decision directing the order
be settled or submitted
Proposed orders in child protective proceedings and permanency hearings under FCA
Article 10 or 10A or pursuant to FCA Article 6 termination of parental rights or 384b of
the SSL must be submitted for signature immediately, but in no event later than
_______________ of the courts oral or written decision being filed
Proposed orders for FCA 1022 following the removal of a child are to be submitted for
signature immediately but in no event later than the next court date following removal
of the child
THIRTY (30) DAYS……….. FOURTEEN (14) DAYS
- 205.17-The first court order remanding a child into foster care or direct placement with a
relative must contain a date certain for an initial permanency hearing pursuant to
Article 10A of the FCA. This date must not be later than ________________ from the
date of removal of the child
EIGHT (8) MONTHS
- 17 - If a sibling or half sibling was removed, the permanency hearing shall be the _____________ for both siblings when possible (Eff. 2/13/07)
same date
- 205.17 A permanency hearing with respect to a child who has been freed for adoption shall be
scheduled for not more than ______________ from the oral decision or written
decision being filed freeing the child for adoption
THIRTY (30} DAYS
- 205.17 - When reasonable efforts to reunify a child with his parents are not required, then a
permanency hearing must be scheduled within ____________ of that determination
THIRTY (30) DAYS
- Section 205.17 Permanency hearings for child in foster care, children directly placed with relatives or other suitable persons and children freed for adoption.
Each permanency order must contain a date certain for a next permanency hearing
which shall not be more than ______________ from the completion of the last
permanency hearing
A scheduled permanency hearing will be canceled if the child has been adopted or the
subject of a final order of discharge or guardianship
SIX (6) MONTHS
- 17 - Notice of permanency hearings shall be made upon the respondents or foster parents caring for the child or pre-adoptive parents by the petitioner not less than ______________________
FOURTEEN (14) DAYS REMEMBER - PH-14 (acidity scale)
28.
205. 24- JD ACOD _______________ DOLLARS
$1,500.00
- 205.26-When a child absconds from a facility to which he was remanded, written notice of that fact shall be given within _____________ to the clerk of the court to which
the remand was made
Upon receipt of the notice the clerk shall cause the proceeding to be placed on the court
calendar no later than the next court day for such action as the court may deem
appropriate and will give notice to the presentment agency, attorney for the child or
attorney
The notice will contain:
- The name of the child
- The docket number
- The date the child absconded
- The efforts made to locate and secure the return of the child
FORTY EIGHT (48) HOURS
- 205.29- When a juvenile delinquency proceeding is transferred for disposition to the family
court where the respondent resides, the clerk of the sending court shall immediately
transmit by electronic means all available records concerning the case. Any documents
not able to be sent electronically will be forwarded not Later than ____________hours from the date of the transfer order
48 Hours
- 205.34-A summons or warrant in a support proceeding shall be made returnable by the clerk
of the court before a ____________
A net worth statement form shall be appended to the summons by the clerk for serving
support magistrate
- 205.34 - When the parties appear before the judge, the judge shall make an immediate order
either temporary or permanent with regard to support. If it makes only a temporary
order the matter will be referred to a support magistrate for further determination
XX
- 36 – Support
- 36-Findings of fact shall be in writing, and shall include:
- The income and expenses of each party
- The basis for liability for support
- An assessment of the children’s needs
At the time of the entry of an order of support, the clerk shall cause a copy of the
findings of fact and order of support to be served either in person or by mail upon the
parties or counsel, they shall be accompanied by guidelines for filing an objection
XX
- 205.36 – Support
Any matters pending undecided for a period of more than______________ after final
submission shall be reported in a quarterly report to the Chief Administrator
THIRTY (30) DAYS
- 205.42-A submission by the Support Collection Unit for an adjustment of a child support order
shall include the following: - An affidavit from SCU with its reasoning for the adjustment
- A proposed adjusted order of support
- A notice to the parties of the proposed adjusted order and their rights
The clerk of the court must receive the above documents within_________ of the
mailing of them to the parties. Any objections to the proposed adjusted order must be
made within ____________ , at which time the clerk shall schedule a hearing.
When no timely objections are made the court after being satisfied will sign the order
TEN (10) DAYS……….. THIRTY FIVE (35) DAYS
- 205.43-A petition that alleges willful violation or seeks enforcement of an order of support shall be scheduled as soon as possible for a first appearance but in no event more than
_____________ of the filing of the violation petition
A hearing will be held within _______________of the date noticed in the summons. The hearing must be concluded within _____________of its commencement
No adjournment shall be in excess of ____________ unless the hearing has
commenced and must be continued, then the adjournment will be within ___________
COURT DAYS
The support magistrate will issue written findings of fact within ___________ COURT DAYS
THIRTY (30) DAYS……… THIRTY (30) DAYS……….. SIXTY (60) DAYS ……….. FOURTEEN (14) DAYS………. SEVEN (7)………. FIVE (5)
- 205.44-A party seeking to testify by telephone or other electronic means must file an
application with the court not less than ____________ in advance of the hearing
THREE DAYS
-
****205.48- In addition to a surrender instrument of a child the petitioner shall submit the child’s __________ and other additional information where the surrender is by the birth
mother
birth certificate
- 205.49-Where a petition is filed to terminate a birth mother’s rights, in addition to the birth
certificate, the petitioner shall also submit: - The response from the putative father registry that is current to within ___________ of the filing of the petition
- A sworn written statement by the mother naming the father
- A sworn written statement by the caseworker with information on the
putative father entitled to notice
SIXTY
(60) DAYS
- 205.51-In any child custody proceeding the petition shall state whether the child is a Native
American child subject to the Indian Child Welfare Act of 1978
XX
- 205.52-In any agency adoption, a petition may be filed to adopt a child who is subject to a
proceeding for the termination of parental rights and whose custody has not yet been
committed, provided that: - The adoption petition is filed in the same court where the termination of
parental rights petition is filed - The adoption petition and other documents shall not be provided to the judge presiding over the termination of parental rights until after the fact finding hearing is concluded
XX
- 205.53-There is a list of papers to be submitted in an adoption proceeding such as birth
certificates, marriage certificates, death certificates etc.
XX
- 205.57-When a petition for temporary guardianship has been filed, the clerk of the court shall
distribute a written notice to the adoptive parents and lawyers who have appeared and
to the commissioner of social services or director of probation, indicating that: - A petition for adoption must be filed within ___________ from the
signing of the consent to the adoption - Any order of temporary guardianship will expire no later than __________ following its issuance
- Any order of temporary guardianship will terminate upon the withdrawal or
denial of a petition to adopt the child
The clerk of the court shall calendar the case for the _____________ from the
date of the signing the consent to adoption. !f no petition is filed by that time, the court
shall schedule a hearing and order the appropriate agency to conduct an investigation
FORTY FIVE (45) DAYS......... FORTY-FIFTH (45) DAY............ NINE (9) MONTHS
- 59-Proceedings for adoption from an authorized agency shall be calendared:
- Within _____________ of the filing of the petition
- If a basis for the adoption is found, the court shall schedule the appearance of
the adoptive parents and child within ____________ for adoption approval
SIXTY (60) DAYS ….. THIRTY (30) DAYS
- 205.64- When a child absconds from a facility, written notice of that fact shall be given within
_____________ by an authorized representative to the clerk of the court from
which the remand was made. The notice shall include: - The name of the child
- The docket number
- The date the child absconded and efforts to secure the child’s return
The clerk will then calendar the case no later than the next court day and give notice to
the petitioner, presentment agency and attorney for the child
FORTY EIGHT (48) HOURS
46.
205. 65-PINS ACOD Restitution =
$1500.00
- (a) An order adjourning a proceeding in contemplation of dismissal pursuant to section 749(a) of the Family Court Act shall contain at least one of the following terms and conditions directing the respondent to:
(1) attend school regularly and obey all rules and regulations of the school;
(2) obey all reasonable commands of the parent or other person legally responsible for the respondent’s care;
(3) avoid injurious or vicious activities;
(4) abstain from associating with named individuals;
(5) abstain from visiting designated places;
(6) abstain from the use of alcoholic beverages, hallucinogenic drugs, habit-forming drugs not lawfully prescribed for the respondent’s use, or any other harmful or dangerous substance;
(7) cooperate with a mental health or other appropriate community facility to which the respondent is referred;
(8) restore property taken from the petitioner, complainant or victim, or replace property taken from the petitioner, complainant or victim, the cost of said replacement not to exceed $1,500;
(9) repair any damage to, or defacement of, the property of the petitioner, complainant or victim, the cost of said repair not to exceed $1,500;
(10) cooperate in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment or counseling services, and permit an agency delivering that service to furnish the court with information concerning the diagnosis, treatment or counseling;
(11) attend and complete an alcohol awareness program established pursuant to section 19.25 of the Mental Hygiene Law;
(12) abstain from disruptive behavior in the home and in the community; or
(13) comply with such other reasonable terms and conditions as may be permitted by law and as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of the petition.
(b) An order adjourning a proceeding in contemplation of dismissal pursuant to section 749(b) of the Family Court Act may set a time or times at which the probation service shall report to the court, orally or in writing, concerning compliance with the terms and conditions of said order.
(c) A copy of the order setting forth the terms and conditions imposed and the duration thereof shall be furnished to the respondent and to the parent or other person legally responsible for the respondent.
XX
48.
205. 66-PINS Suspended Judgment Restitution =
$1,000.00
- (a) An order suspending judgment entered pursuant to section 755 of the Family Court Act shall be reasonably related to the adjudicated acts or omissions of the respondent and shall contain at least one of the following terms and conditions directing the respondent to:
(1) attend school regularly and obey all rules and regulations of the school;
(2) obey all reasonable commands of the parent or other person legally responsible for the respondent’s care;
(3) avoid injurious or vicious activities;
(4) abstain from associating with named individuals;
(5) abstain from visiting designated places;
(6) abstain from the use of alcoholic beverages, hallucinogenic drugs, habit-forming drugs not lawfully prescribed for the respondent’s use, or any other harmful or dangerous substance;
(7) cooperate with a mental health or other appropriate community facility to which the respondent is referred;
(8) make restitution or perform services for the public good;
(9) restore property taken from the petitioner, complainant or victim, or replace property taken from the petitioner, complainant or victim, the cost of said replacement not to exceed $1,000;
(10) repair any damage to, or defacement of, the property of the petitioner, complainant or victim, the cost of said repair not to exceed $1,000;
(11) abstain from disruptive behavior in the home and in the community;
(12) cooperate in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment or counseling services, and permit an agency delivering that service to furnish the court with information concerning the diagnosis, treatment or counseling;
(13) attend and complete an alcohol awareness program established pursuant to section 19.25 of the Mental Hygiene Law;
(14) in a case in which respondent has been adjudicated for acts of willful, malicious, or unlawful damage to real or personal property maintained as a cemetery plot, grave, burial place or other place of internment of human remains, provide restitution by performing services for the maintenance and repair of such property; or
(15) comply with such other reasonable terms and conditions as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of a petition.
(b) An order placing the respondent on probation in accordance with section 757 of the Family Court Act shall contain at least one of the following terms and conditions, in addition to any of the terms and conditions set forth in subdivision (a) of this section, directing the respondent to:
(1) meet with the assigned probation officer when directed to do so by that officer;
(2) permit the assigned probation officer to visit the respondent at home or at school;
(3) permit the assigned probation officer to obtain information from any person or agency from whom the respondent is receiving or was directed to receive diagnosis, treatment or counseling;
(4) permit the assigned probation officer to obtain information from the respondent’s school;
(5) cooperate with the assigned probation officer in seeking to obtain and in accepting employment and employment counseling services;
(6) submit records and reports of earnings to the assigned probation officer when requested to do so by that officer;
(7) obtain permission from the assigned probation officer for any absence from the county or residence in excess of two weeks; or
(8) attend and complete an alcohol awareness program established pursuant to section 19.25 of the Mental Hygiene Law;
(9) do or refrain from doing any other specified act of omission or commission that, in the opinion of the court, is necessary and appropriate to implement or facilitate the order placing the respondent on probation.
(c) An order entered pursuant to section 754 of the Family Court Act may set a time or times at which the probation service shall report to the court, orally or in writing, concerning compliance with the terms and conditions of said order.
(d) A copy of the order setting forth the terms and conditions imposed and the duration thereof shall be furnished to the respondent and to the parent or other person legally responsible for the respondent.
XX
- 205.80- When a child absconds from a facility, written notice of that fact shall be given within
__________ by an authorized representative to the clerk of the court from
which the remand was made. The notice shall include: - The name of the child
- The docket number
- The date the child absconded and efforts to secure the child’s return
The clerk will then calendar the case no later than the next court day and give notice to
the petitioner and attorney for the child
205.81-In any case where the child is removed by order of the court, the court shall set a date
certain for a permanency hearing
205.85- When a child who has been placed absconds, written notice of that fact shall be sent
within FORTY EIGHT (48) HOURS to the clerk of the court from the place of placement
by the custodial person or an authorized representative.
The notice shall include:
- The name of the child
- The docket number
- The date the child absconded and efforts to secure the child’s return
The clerk will then calendar the case no later than the next court day for such action as
the court may deem appropriate
FORTY EIGHT (48) HOURS
