UR 205 Family Court Volume 2 Flashcards

1
Q

205.26- Procedure when remanded child absconds

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

A

FORTY EIGHT (48) HOURS

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2
Q

205.26- Procedure when remanded child absconds

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:
1. The name of the child
2. The docket number
3. The date the child ___________
4. The efforts made to locate and secure the ________________

A

Absconded…….return of the child

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3
Q

Section 205.28 Procedures for compliance with Adoption and Safe Families Act (juvenile delinquency proceeding).

(d) Permanency hearing; extension of placement.

(1) A petition for a permanency hearing and, if applicable, an extension of placement, pursuant to the FCA, shall be filed at least __________ days prior to the expiration of one year following the respondent’s entry into foster care; provided, however, that if the Family Court makes a determination that reasonable efforts are not required to prevent or eliminate the need for removal of the respondent from his or her home or to make it possible to reunify the respondent with his or her parents, the permanency hearing shall be held within ________ days of such finding and the petition for the permanency hearing shall be filed and served on an expedited basis as directed by the court.

A

60…… 30

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4
Q

Section 205.28 Procedures for compliance with Adoption and Safe Families Act (juvenile delinquency proceeding).

(d) Permanency hearing; extension of placement.

(2) Following the initial permanency hearing in a case in which the respondent remains in placement, a petition for a subsequent permanency hearing and, if applicable, extension of placement, shall be filed at least _______ days prior to the expiration of one year following the date of the preceding permanency hearing.

A

60

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5
Q

Section 205.28 Procedures for compliance with Adoption and Safe Families Act (juvenile delinquency proceeding).

(d) Permanency hearing; extension of placement.

(3) The permanency petition shall include, but not be limited to, the following: the date by which the permanency hearing must be held; the date by which any subsequent permanency petition must be filed; the proposed permanency goal for the child; the reasonable efforts, if any, undertaken to achieve the child’s return to his or her parents or other permanency goal; the visitation plan for the child and his or her sibling or siblings and, if parental rights have not been terminated, for his or her parent or parents; and current information regarding the status of services ordered by the court to be provided, as well as other services that have been provided, to the child and his or her parent or parents.

A

Section 205.28 Procedures for compliance with Adoption and Safe Families Act (juvenile delinquency proceeding).

(d) Permanency hearing; extension of placement.

(3) The permanency petition shall include, but not be limited to, the following: the date by which the permanency hearing must be held; the date by which any subsequent permanency petition must be filed; the proposed permanency goal for the child; the reasonable efforts, if any, undertaken to achieve the child’s return to his or her parents or other permanency goal; the visitation plan for the child and his or her sibling or siblings and, if parental rights have not been terminated, for his or her parent or parents; and current information regarding the status of services ordered by the court to be provided, as well as other services that have been provided, to the child and his or her parent or parents.

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6
Q

Section 205.28 Procedures for compliance with Adoption and Safe Families Act (juvenile delinquency proceeding).

(d) Permanency hearing; extension of placement.

(4) In all cases, the permanency petition shall be accompanied by the most recent service plan containing, at minimum: the child’s permanency goal and projected time-frame for its achievement; the reasonable efforts that have been undertaken and are planned to achieve the goal; impediments, if any, that have been encountered in achieving the goal; and the services required to achieve the goal. Additionally, the permanency petition shall contain or have annexed to it a plan for the release or conditional release of the child, as required by section 353.3(7) of the Family Court Act.

A

Section 205.28 Procedures for compliance with Adoption and Safe Families Act (juvenile delinquency proceeding).

(d) Permanency hearing; extension of placement.

(4) In all cases, the permanency petition shall be accompanied by the most recent service plan containing, at minimum: the child’s permanency goal and projected time-frame for its achievement; the reasonable efforts that have been undertaken and are planned to achieve the goal; impediments, if any, that have been encountered in achieving the goal; and the services required to achieve the goal. Additionally, the permanency petition shall contain or have annexed to it a plan for the release or conditional release of the child, as required by section 353.3(7) of the Family Court Act.

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7
Q

205.29- Transfers of proceedings for disposition; required documents.

KNOW:

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 __________ from the date of the transfer order

A

48 Hours

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8
Q

205.36- Findings of fact; transmission of findings of fact and other information; quarterly reports - order of support

Findings of fact shall be in writing, and shall include:

  1. The ________ and expenses of each party
  2. The basis for _________ for support
  3. An assessment of the children’s __________
A

Income…….liability ……needs

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9
Q

205.36- Findings of fact; transmission of findings of fact and other information; quarterly reports - order of support

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

A

205.36- Findings of fact; transmission of findings of fact and other information; quarterly reports - order of support

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

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10
Q

205.36- Findings of fact; transmission of findings of fact and other information; quarterly reports - order of 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

A

THIRTY (30) DAYS

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11
Q

205.37- Recording of hearings; objections

Hearings may be recorded mechanically, and the recordings must be properly labeled for future identification. A transcript of the proceedings may be required by a judge to whom objections have been submitted for review, and the costs of which are to be borne by the party objecting. A party who is unable to pay such costs may apply to the court to proceed as a poor person pursuant to CPLR article 11

A

205.37- Recording of hearings; objections

Hearings may be recorded mechanically, and the recordings must be properly labeled for future identification. A transcript of the proceedings may be required by a judge to whom objections have been submitted for review, and the costs of which are to be borne by the party objecting. A party who is unable to pay such costs may apply to the court to proceed as a poor person pursuant to CPLR article 11

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12
Q

205.42- Submission by support collection units of proposed adjusted orders of support.

A submission by the Support Collection Unit for an adjustment of a child support order shall include the following:

  1. An affidavit from SCU with its reasoning for the adjustment
  2. A proposed adjusted order of support
  3. A notice to the parties of the proposed adjusted order and their rights
A

205.42- Submission by support collection units of proposed adjusted orders of support.

A submission by the Support Collection Unit for an adjustment of a child support order shall include the following:

  1. An affidavit from SCU with its reasoning for the adjustment
  2. A proposed adjusted order of support
  3. A notice to the parties of the proposed adjusted order and their rights
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13
Q

205.42- Submission by support collection units of proposed adjusted orders of support.

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

A

TEN (10) DAYS …….. THIRTY FIVE (35) DAYS

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14
Q

205.43- Hearings to determine willful nonpayment of child support

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

THIRTY (30) DAYS

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15
Q

205.43- Hearings to determine willful nonpayment of child support

  • A hearing will be held within _____________ of the date noticed in the summons.
  • The hearing must be concluded within __________of its commencement
A

THIRTY (30) DAYS….. SIXTY (60) DAYS

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16
Q

205.43- Hearings to determine willful nonpayment of child support

No adjournment shall be in excess of __________ unless the hearing has commenced and must be continued, then the adjournment will be within _________________

A

FOURTEEN (14) DAYS……. SEVEN (7) COURT DAYS

17
Q

205.43- Hearings to determine willful nonpayment of child support

The support magistrate will issue written findings of fact within ______________

A

FIVE (5) COURT DAYS

18
Q

205.43- Hearings to determine willful nonpayment of child support

A family court judge may either confirm the findings of the support magistrate or modify or refuse to confirm the findings and refer the matter back to the support magistrate for further review

A

205.43- Hearings to determine willful nonpayment of child support

A family court judge may either confirm the findings of the support magistrate or modify or refuse to confirm the findings and refer the matter back to the support magistrate for further review

19
Q

205.43- Hearings to determine willful nonpayment of child support

  • First appearance - Within _____ days of filing
  • Commencement of Hearing: Within __________ days of the first appearance
  • Conclusion of the hearing: Within ______ days of its commencement
  • Adjournments: Not in excess of ________ days
  • Adjournment, if the hearing has commenced: No more than ________ court days
  • Findings of fact due: Within __________ court days of conclusion
A

30…… 30…… 60…… 14…… 7…….. 5

20
Q

205.44- Testimony by telephone, audio-visual or other electronic means in child support and paternity cases.

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

A

THREE DAYS

21
Q

205.49- Termination of parental rights; required papers; venue; putative father determination.

Where a petition is filed to terminate a birth mother’s rights, in addition to the birth certificate, the petitioner shall also submit:

  1. The response from the putative father registry that is current to within ___________ of the filing of the petition
  2. A sworn written statement by the mother naming the father
  3. A sworn written statement by the caseworker with information on the putative father entitled to notice
A

SIXTY (60) DAYS