UR 205 Family Court Volume 3 Flashcards
Section 205.50 Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services Law.
(a) An order suspending judgment entered pursuant to section 631 of the Family Court Act or section 384-b(8)(c) of the Social Services Law shall be related to the adjudicated acts or omissions of respondent and shall contain at least one of the following terms and conditions requiring respondent to:
(1) sustain communication of a substantial nature with the child by letter or telephone at stated intervals;
(2) maintain consistent contact with the child, including visits or outings at stated intervals;
(3) participate with the authorized agency in developing and effectuating a plan for the future of the child;
(4) cooperate with the authorized agency’s court-approved plan for encouraging and strengthening the parental relationship;
(5) contribute toward the cost of maintaining the child if possessed of sufficient means or able to earn such means;
(6) seek to obtain and provide proper housing for the child;
(7) cooperate in seeking to obtain and in accepting medical or psychiatric diagnosis or treatment, alcoholism or drug abuse treatment, employment or family counseling or child guidance, and permit information to be obtained by the court from any person or agency from whom the respondent is receiving or was directed to receive such services; and
(8) satisfy such other reasonable terms and conditions as the court shall determine to be necessary or appropriate to ameliorate the acts or omissions which gave rise to the filing of the petition.
Section 205.50 Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services Law.
(a) An order suspending judgment entered pursuant to section 631 of the Family Court Act or section 384-b(8)(c) of the Social Services Law shall be related to the adjudicated acts or omissions of respondent and shall contain at least one of the following terms and conditions requiring respondent to:
(1) sustain communication of a substantial nature with the child by letter or telephone at stated intervals;
(2) maintain consistent contact with the child, including visits or outings at stated intervals;
(3) participate with the authorized agency in developing and effectuating a plan for the future of the child;
(4) cooperate with the authorized agency’s court-approved plan for encouraging and strengthening the parental relationship;
(5) contribute toward the cost of maintaining the child if possessed of sufficient means or able to earn such means;
(6) seek to obtain and provide proper housing for the child;
(7) cooperate in seeking to obtain and in accepting medical or psychiatric diagnosis or treatment, alcoholism or drug abuse treatment, employment or family counseling or child guidance, and permit information to be obtained by the court from any person or agency from whom the respondent is receiving or was directed to receive such services; and
(8) satisfy such other reasonable terms and conditions as the court shall determine to be necessary or appropriate to ameliorate the acts or omissions which gave rise to the filing of the petition.
Section 205.50 Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services Law.
(B)
- The order shall set forth the duration, terms and conditions of the suspended judgment and shall contain a date certain for review of respondent’s compliance not less than _________ days in advance of the expiration of the suspended judgment.
- The suspended judgment may last for up to one year and may, if exceptional circumstances warrant, be extended by the Court for one additional period of up to _______ year.
- A copy of the order, along with a current service plan, shall be furnished to the respondent.
- The order shall contain a written statement informing the respondent that a failure to obey the order may lead to its revocation and to the issuance of an order for the commitment of the guardianship and custody of a child. Where the child is in foster care, the order shall set forth the visitation plan for the child and the respondent, as well as for the child and his or her sibling or siblings, if any, and shall require the agency to notify the respondent of case conferences.
- The order shall further contain a determination in accordance with subdivision 12 of section 384-b of the Social Services Law of the existence of any person or persons to whom notice of an adoption would be required pursuant to section 111-b of the Domestic Relations Law and, if so, whether such person or persons were given notice of the termination of parental rights proceeding and whether such person or persons appeared.
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Section 205.50 Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services Law.
(c)
- Not later than _______ days in advance of the expiration of the period of suspended judgment, the petitioner shall file a report with the Family Court and all parties, including the respondent and his or her attorney, the child’s attorney and intervenors, if any, regarding the respondent’s compliance with the terms and conditions of the suspended judgment.
- The court may set additional times at which the respondent or the authorized agency caring for the child shall report to the court regarding compliance with the terms and conditions of the suspended judgment.
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Section 205.50 Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services Law.
(d) If a respondent fails to comply with the terms and conditions of an order suspending judgment made pursuant to section 631 of the Family Court Act or section 384-b(8)(c) of the Social Services Law:
- (1) a motion or order to show cause seeking the revocation of the order may be filed;
- (2) the affidavit accompanying the motion or order to show cause shall contain a concise statement of the acts or omissions alleged to constitute noncompliance with the order;
- (3) the motion or order to show cause shall be served upon the respondent by mail at the last known address or as directed by the court and shall be served upon all attorneys, the child’s attorney and intervenors, if any;
- (4) during the pendency of the motion or order to show cause, the period of the suspended judgment is tolled; and
- (5) if, after a hearing or upon the respondent’s admission, the allegations are established, the court may modify, revise or revoke the order of suspended judgment or extend the suspended judgment for an additional period of up to ____ year.
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Section 205.50 Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services Law.
(e) The court may at any time, upon notice and opportunity to be heard to the parties, their attorneys and the child’s attorney, _____, _______, or ________ the terms and conditions of a suspended judgment previously imposed.
REM
revise, or,enlarge, or modify
Section 205.50 Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services Law.
(f) If the child remains in foster care during the pendency of a suspended judgment or after a suspended judgment has been deemed satisfied or if guardianship and custody have been transferred to the agency as a result of a revocation of the suspended judgment, a permanency hearing must be scheduled for a date certain and must be completed immediately following or not more than _______ days after the earlier of the Family Court’s oral announcement of its decision or signing and filing of its written order.
Subsequent permanency hearings must be held not more than _______ months from the date of completion of the prior permanency hearing.
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205.52- Adoption rules; application; timing and venue of filing of petition.
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 _______ 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 ___________ is concluded
same court…. fact finding hearing
205.53- Papers required in an adoption proceeding
There is a list of papers to be submitted in an adoption proceeding such as birth certificates, marriage certificates, death certificates etc.
205.53- Papers required in an adoption proceeding
There is a list of papers to be submitted in an adoption proceeding such as birth certificates, marriage certificates, death certificates etc.
205.59 Calendaring of proceedings for adoption from an auth agency
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- Procedure when remanded child absconds (PINS)
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 __________ and give notice to the petitioner, presentment agency and attorney for the child
FORTY EIGHT (48) HOURS……..next court day
Section 205.67 Procedures for compliance with the Adoption and Safe Families Act
Procedures for compliance with Adoption and Safe Families Act (Persons in Need of Supervision proceeding)
- (a) Pretrial detention; required findings. In any case in which detention is ordered by the court pursuant to section 728 or 739 of the Family Court Act, the court shall make additional, specific written findings regarding the following issues:
- (1) whether the continuation of the respondent in his or her home would be contrary to his or her best interests; and
- (2) whether reasonable efforts, where appropriate, were made, prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the respondent from his or her home, or, if the respondent had been removed from his or her home prior to such court hearing, whether reasonable efforts, where appropriate, were made to make it possible for the respondent to safely return home.
The court may request the petitioner, presentment agency, if any, and the local probation department to provide information to the court to aid in its determinations and may also consider information provided by the child’s attorney.
Section 205.67 Procedures for compliance with the Adoption and Safe Families Act
Procedures for compliance with Adoption and Safe Families Act (Persons in Need of Supervision proceeding).
(a) Pretrial detention; required findings. In any case in which detention is ordered by the court pursuant to section 728 or 739 of the Family Court Act, the court shall make additional, specific written findings regarding the following issues:
(1) whether the continuation of the respondent in his or her home would be contrary to his or her best interests; and
(2) whether reasonable efforts, where appropriate, were made, prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the respondent from his or her home, or, if the respondent had been removed from his or her home prior to such court hearing, whether reasonable efforts, where appropriate, were made to make it possible for the respondent to safely return home.
The court may request the petitioner, presentment agency, if any, and the local probation department to provide information to the court to aid in its determinations and may also consider information provided by the child’s attorney.
Section 205.67 Procedures for compliance with the Adoption and Safe Families Act
(b) Motion for an order that reasonable efforts are not required.
A motion for a judicial determination that reasonable efforts 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 are not required shall be governed by section 205.16 of this Part.
Section 205.67 Procedures for compliance with the Adoption and Safe Families Act
(b) Motion for an order that reasonable efforts are not required.
A motion for a judicial determination that reasonable efforts 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 are not required shall be governed by section 205.16 of this Part.
Section 205.67 Procedures for compliance with the Adoption and Safe Families Act
(c) Placement; required findings.
In any case in which the court is considering ordering placement pursuant to section 756 of the Family Court Act, the petitioner, presentment agency, if any, local probation department and local commissioner of social services shall provide information to the court to aid in its required determination of the following issues:
(1) whether continuation in the respondent’s home would be contrary to his or her best interests, and, if the respondent was removed from his or her home prior to the date of such hearing, whether such removal was in his or her best interests;
(2) whether reasonable efforts, where appropriate, were made, prior to the date of the dispositional hearing, to prevent or eliminate the need for removal of the respondent from his or her home, and, if the respondent was removed from his or her home prior to the date of such hearing, whether reasonable efforts, where appropriate, were made to make it possible for the respondent to return safely home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the respondent from his or her home were not made, but that the lack of such efforts was appropriate under the circumstances, the court order shall include such a finding;
(3) in the case of a respondent who has attained the age of 16, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; and
(4) in the case of an order of placement specifying a particular authorized agency or foster care provider, the position of the local commissioner of social services regarding such placement.
Section 205.67 Procedures for compliance with the Adoption and Safe Families Act
(c) Placement; required findings.
In any case in which the court is considering ordering placement pursuant to section 756 of the Family Court Act, the petitioner, presentment agency, if any, local probation department and local commissioner of social services shall provide information to the court to aid in its required determination of the following issues:
(1) whether continuation in the respondent’s home would be contrary to his or her best interests, and, if the respondent was removed from his or her home prior to the date of such hearing, whether such removal was in his or her best interests;
(2) whether reasonable efforts, where appropriate, were made, prior to the date of the dispositional hearing, to prevent or eliminate the need for removal of the respondent from his or her home, and, if the respondent was removed from his or her home prior to the date of such hearing, whether reasonable efforts, where appropriate, were made to make it possible for the respondent to return safely home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the respondent from his or her home were not made, but that the lack of such efforts was appropriate under the circumstances, the court order shall include such a finding;
(3) in the case of a respondent who has attained the age of 16, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; and
(4) in the case of an order of placement specifying a particular authorized agency or foster care provider, the position of the local commissioner of social services regarding such placement.
Section 205.67 Procedures for compliance with the Adoption and Safe Families Act
(d). Permanency hearing; extension of placement.
(1) A petition for a permanency hearing and, if applicable, an extension of placement, pursuant to section 756-a of the Family Court Act, 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.
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Section 205.67 Procedures for compliance with the Adoption and Safe Families Act
(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.
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