UR 205 Family Court Volume 1 Flashcards
205.2- Terms and parts of court.
A term of the court is a four-week session, there shall be ______ terms of court in a year
13
205.3- Individual assignment system; structure
There shall be an ____________ , which provides for the continuous supervision of each proceeding by a single judge or single support magistrate
individual assignment system
205.3- Individual assignment system; structure
Proceedings shall be assigned to a judge upon the filing with the court of the first document of the case.
205.3- Individual assignment system; structure
Proceedings shall be assigned to a judge upon the filing with the court of the first document of the case.
205.3- Individual assignment system; structure
Assignments shall be made by the clerk of the court using a random selection method
Exceptions:
- The judge has too large of a workload already
- Some judges may have a specialty proceeding that they handle
- Matters requiring immediate disposition
- Needs of the court require transfer to another judge
5.The judge can no longer preside over the matter - A single judge should hear multiple proceedings involving one family
- Petition for termination of parental rights shall be assigned to the judge that presided over the child’s Article 10 (abuse or neglect proceeding)
205.3- Individual assignment system; structure
Assignments shall be made by the clerk of the court using a random selection method
Exceptions:
- The judge has too large of a workload already
- Some judges may have a specialty proceeding that they handle
- Matters requiring immediate disposition
- Needs of the court require transfer to another judge
5.The judge can no longer preside over the matter - A single judge should hear multiple proceedings involving one family
- Petition for termination of parental rights shall be assigned to the judge that presided over the child’s Article 10 (abuse or neglect proceeding)
205.4- Access to Family Court proceedings
The family court is open to the public and news media and they shall have access to all courtrooms, lobbies and public waiting areas
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
205.4- Access to Family Court proceedings
The family court is open to the public and news media and they shall have access to all courtrooms, lobbies and public waiting areas
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- Privacy of Family Court records
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
205.5- Privacy of Family Court records
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
205.7b- NEW: pilot programs for the filing of petitions for temporary orders of protection by electronic means and the issuance of such orders by audio-visual means.
The chief administrator of the courts 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.
205.7b- NEW: pilot programs for the filing of petitions for temporary orders of protection by electronic means and the issuance of such orders by audio-visual means.
The chief administrator of the courts 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.
205.11- Service and filing of motion papers
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
205.11- Service and filing of motion papers
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
205.11- Service and filing of motion papers
Submission of orders for signature
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
THIRTY (30) DAYS
205.11- Service and filing of motion papers
Submission of orders for signature
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 court’s oral or written decision being filed
FOURTEEN (14) DAYS
205.11- Service and filing of motion papers
Submission of orders for signature
Proposed orders for FCA 1022 following the removal of a child are to be submitted for signature immediately but in no event later than___________ following removal of the child
the next court date
205.17- Permanency hearings for child in foster care, children directly placed with relatives or other suitable persons and children freed for adoption.
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 (Remember, as per FCA, this is six months and 60 days because the child does not enter foster care officially until 60 days after removal.)
EIGHT (8) MONTHS
205.17- Permanency hearings for child in foster care, children directly placed with relatives or other suitable persons and children freed for adoption.
If a sibling or half sibling was removed, the permanency hearing shall be _________ for both siblings when possible (Eff. 2/13/07)
the same date
205.17- Permanency hearings for child in foster care, children directly placed with relatives or other suitable persons and children freed for adoption.
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- Permanency hearings for child in foster care, children directly placed with relatives or other suitable persons and children freed for adoption.
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
