Article 10 Child Protective Proceedings (Abuse & Neglect)

Question 1

FCA 1012
An abused child is a child:
(a)     18 years of age
(b)     less than 18 years of age
(c)     less than 16 years of age
(d)     less than 21 years of age

Answer 1

(b) 1012 (e) FCA
Less than 18 years of age

Question 2

FCA 1012
A neglected child is a child:
(a)     less than 18 years of age
(b)     less than 21 years of age
(c)     less than 16 years of age
(d)     less than 14 years of age

Answer 2

(a) 1012 (f) FCA
Less than 18 years of age.

Question 3

 FCA 1012(g)
Under article 10, the “person legally responsible” includes which of the following:
(1)     parent
(2)     child’s custodian
(3)     guardian
(4)     any other person responsible for the child’s care
(a)     1 only
(b)     1 & 3 only
(c)     1,3 & 4 only
(d)     1,2,3 & 4

Answer 3

d) 1012 (g) FCA
All choices are persons legally responsible for the child’s care. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child.

Question 4

 FCA 1012 (e)
Which of the following statements is least correct regarding an abused child? A parent or other person legally responsible for his or her care:
(a)     inflicts or allows to be inflicted upon such child either intentionally or accidentally, physical injury
(b)     creates or allows to be created substantial risk of physical injury to the child other than by accidental means
(c)     commits or allows to be committed a sex offense against the child
(d)     allows, permits or encourages such child to engage in a sexual performance

Answer 4

(a) 1012 (e) FCA
Infliction of injury must be intentional rather than accidental.

Question 5

FCA 1013/114
Select the correct statement or statements regarding the jurisdiction of the family court under article 10:
(1)     the family court has concurrent jurisdiction with the criminal court over abuse and neglect proceedings
(2)     the family court may share jurisdiction with the supreme court in abuse or neglect allegations
(3)     the family court has concurrent jurisdiction with the surrogates court over abuse and neglect
(a)     1 only
(b)     1 & 2 only
(c)     2 & 3 only
(d)     1, 2 & 3

Answer 5

(b) 1013/114 FCA
The family court has exclusive original jurisdiction over proceedings alleging abuse or neglect under article 10, notwithstanding the fact that a criminal court has or may be exercising jurisdiction over the facts alleged in the petition or complaint.
The family court has exclusive original jurisdiction over proceedings under article 10 alleging abuse or neglect of a child, except that the original jurisdiction is actually shared with the supreme court which has general original jurisdiction in law and equity.

Question 6

FCA 1014 (a),(b)
With respect to transfers to and from the family court under article 10 which of the following statements is/are correct?
(1)     the family court may transfer any proceeding under article 10 to an appropriate criminal court
(2)     the family court may refer such proceedings to the appropriate district attorney
(3)     the family court may continue such proceedings after a transfer to a criminal court or district attorney
(4)     a criminal complaint charging abuse or neglect may be transferred from the criminal court to the family court
(a)     1 only
(b)     1 & 2 only
(c)     4 only
(d)     1, 2, 3 & 4

Answer 6

(d) 1014(a) FCA
After a hearing, the family court may transfer any abuse or neglect proceeding to the appropriate criminal court or refer it to the appropriate district attorney if it concludes that the process of the family court is inappropriate or insufficient. The criminal courts do not have the power to issue orders to control the custody and care of a child victim. For that reason the family court exercises its jurisdiction over abuse and neglect proceedings even when a criminal case is pending. Concurrent proceedings in the family court and criminal court are not precluded under article 10 FCA.

Question 7

 FCA 1015
Proceedings under article 10 FCA may be originated in the county:
(a)     in which the child resides at the time of the filing of the petition
(b)     in the county in which the person having custody of the child resides
(c)     the county of the homeless shelter in which the child resides temporarily
(d)     all of the foregoing

Answer 7

(d) 1015 FCA
Residence also includes a dwelling unit or facility which provides shelter for homeless persons of families on an emergency or temporary basis.

Question 8

  FCA 1017 1.
In any proceeding under Article 10, when the court determines that a child must be removed from his or her home pursuant to part 2 of this article, or placed pursuant to §1055 FCA, the court shall direct the local commissioner of social service to conduct an immediate investigation to locate:
(1)     the non-respondent mother of the child
(2)     any relatives of the child
(3)     all of the child’s grandparents
(4)     all relatives or suitable persons identified by any respondent or non-respondent parent
(a)     1 only
(b)     2 & 3 only
(c)     2, 3 & 4 only
(d)     1, 2, 3 & 4

Answer 8

(c) 1017 1 FCA
Selections 2, 3 and 4 are correct. Selection #1 should read, any non-respondent parent, and not limit the investigation to one non-respondent parent. The investigation shall also inquire as to whether the child, if over the age of five years, has identified any relatives who play or have played a significant positive role in his or her life.
Note: The term non-respondent parent means a natural parent who is initially not involved in the proceeding but is entitled to the notice of the pendency of and of the right to intervene as an interested party.
Note: Subdivision 1(b) is amended eff. 2/15/21, per Ch. 56, L. 2020, changing references to “paternity” to read “parentage.”
Note: Amended subdivision 5. eff. 4/20/20, per Ch. 55, L.2020 regarding changes in placement of child in custody of local social services district, adding required notifications to the court.

Question 9

 FCA 1022
The family court may enter an order directing the temporary removal of a child from the place where he or she is residing before the filing of a petition if:
(1)     the parent or other person legally responsible for the child’s care is absent
(2)     the child appears to suffer from abuse or neglect and immediate removal is necessary to avoid imminent danger to the child’s life or health
(3)     there is not enough time to file a petition and hold a hearing
(4)     a temporary order of protection shall automatically be included in the courts order of removal
(a)     1 only
(b)     1 & 2 only
(c)     3 only
(d)     1,2 & 3 only
(e)     1,2,3 & 4

Answer 9

(d) 1022 FCA
Choices 1,2 and 3 are proper for the removal of a child before the filing of a petition. The order of protection is not automatic but is within the discretion of the court should the court determine that imminent risk would be eliminated by the issuance of a temporary order of protection.

Question 10

 FCA 1021
A peace officer, police officer or agent of a duly authorized society, association or institution may remove an abused or neglected child from the child’s residence if the parent or other person legally responsible for the child’s care consents. A petition shall be filed forthwith if the child is not returned within how many days after the removal?
(a)     3 days
(b)     5 days
(c)     10 days
(d)     15 days

Answer 10

3 Days

Question 11

FCA 1024
A person authorized by section 1024 FCA to remove a child without a court order shall:
(1)     bring the child to a place approved for such purpose by social service department
(2)     inform the parent or person legally responsible of the facility where the child was brought
(3)     give written or oral notice to the parent or person legally responsible for the child’s care of the right to apply to family court for child’s return
(4)     be immune from prosecution while acting in good faith in the removal of the child
(a)     1 only
(b)     1 & 3 only
(c)     2 & 3 only
(d)     1,2 & 4

Answer 11

(d) 1024 (a) FCA
The section requires that written notice of the removal shall be given to the parent or other person legally responsible for the child’s care. There is no provision that the notice may be given orally. The person or institution, acting in good faith in the removal of the child shall have immunity from any liability, civil or criminal.

Question 12

 FCA 1027 (g)
In all cases of abuse or neglect under article 10 FCA the court:
(1)     shall order a medical examination in all cases of abuse
(2)     may order a medical examination in all cases of neglect
(3)     may order a medical examination in all cases of abuse
(4)     shall order a medical examination in all cases of neglect
(a)     1 only
(b)     1 & 2 only
(c)     2 & 3 only
(d)     4 only

Answer 12

(b) 1027 (g) FCA
Shall in all cases of abuse
May in all cases of neglect

Question 13

 FCA 1028 (a)
When a child has been removed from his or her residence, the court must hold a hearing to determine whether the child should be returned upon the application of the parent or the person responsible for the child’s care. Such hearing shall be held:
(a)     within 3 court days of the application and shall not be adjourned
(b)     within 3 court days of the application and may be adjourned
(c)     within 5 court days of the application and shall not be adjourned
(d)     within 5 court days of the application and may be adjourned

Answer 13

(a) 1028 (a) FCA
The hearing shall be held within 3 court days of the application for good cause shown and shall not be adjourned.

Question 14

 FCA 1029
An order of protection granted by the court before a petition has been filed shall be vacated if a petition is not filed within how many days of the issuance of the order?
(a)     3 days
(b)     5 days
(c)     10 days
(d)     20 days

Answer 14

(c) 1029 (a) FCA
For good cause shown the court may issue a temporary order of protection before or after the filing of the petition but an order granted before the petition is filed shall be vacated if a petition is not filed within 10 days.

Question 15

FCA 1029 (c)
Which of the following statements is least correct concerning a temporary order of protection?
(a)     the court may issue a temporary order of protection ex parte
(b)     the court may issue a temporary order of protection on notice
(c)     the court may not extend a temporary order of protection ex parte
(d)     the court may extend a temporary order of protection on notice
Answer______

Answer 15

(c) 1029 (c) FCA choice “c” is the incorrect statement. The court may issue or extend a temporary order of protection either ex parte or on notice and may also issue a temporary order of protection simultaneously with the issuance of a warrant.

Question 16

 FCA 1031 (e)(f)
In any case where a child has been removed prior to the filing of a petition, the petition alleging abuse or neglect shall state:
(1)     the date and time of removal
(2)     whether the removal was made with parent’s consent
(3)     that parent was absent from the child’s residence
(4)     whether the removal was an emergency removal without consent
(a)     1 & 2 only
(b)     1 & 3 only
(c)     2 & 4 only
(d)     1,2,3 & 4

Answer 16

(d) 1031 (e),(f) FCA
The petition must state the time and place of the removal and whether the removal was temporary with consent (1021 FCA), whether the parent or other person legally responsible for the care of the child was absent (1022 FCA) or finally whether the removal was an emergency removal without a court order and without consent (1024 FCA).

Question 17

 FCA 1032
Which of the following may originate a proceeding under article 10 FCA
(1)     a peace officer or police officer
(2)     a child protective agency
(3)     a district attorney
(4)     a person on the court’s direction
(a)     1 & 2 only
(b)     2 & 4 only
(c)     3 & 4 only
(d)     1,2 & 3 only

Answer 17

(b) 1032 FCA
Child Protective Agency and a person on the court’s direction

Question 18

FCA 1033-b 1.(a) (b) (c) (d)
Pursuant to article 10 FCA, the court shall do which of the following at the initial appearance of the respondent?
(1)     appoint counsel for the respondent without delay
(2)     appoint an attorney to represent the child
(3)     advise the respondent of the allegations in the petition
(4)     waive the reading of the allegations in the petition
(a)     1 & 2 only
(b)     2 & 3 only
(c)     2, 3 & 4 only
(d)     3 & 4 only

Answer 18

(b) 1033-b 1. (a) (b) (c) (d) FCA
The court shall appoint an attorney to represent the interest of the child named in the petition. At the initial appearance the court shall advise the respondent of all the allegations in the petition and the right to an adjournment to obtain counsel.

Question 19

  FCA 1034 1. 2.
A family court judge may order the child protective service of the appropriate social services district to conduct a child protective investigation as described by the social services law and report its findings to the court:
(1)     in any proceedings under Art. 10 FCA
(2)     in order to determine whether a proceeding under this article should be initiated
(3)     before or after a petition is filed
(a)     1 only
(b)     2 only
(c)     1 & 2 only
(d)     1, 2 & 3

Answer 19

(c) 1034 1. 2. FCA
The court may request the child protective service of the appropriate local department of social services to determine whether a proceeding under this article should be initiated and report its findings to the court before the petition is filed and where there is reasonable cause to suspect that a child or children’s life or health may be in danger.

Question 20

FCA 1034
A family court judge may order the child protection service to enter the premises of a child believed to be abused or neglected. The standard of proof for such authorization shall be:
(a)     by clear and convincing proof.
(b)     by a preponderance of the evidence.
(c)     the standard of proof which authorizes a search warrant under the CPL.
(d)     probable cause.

Answer 20

(c) 1034 FCA
The standard of proof and procedure shall be the same as for a search warrant under 690 CPL. REASONABLE CAUSE TO BELIEVE

Question 21

FCA 1035 (f)
Of the following relatives of a child alleged to be abused or neglected and not named as a respondent, who of them may move to intervene as an interested party for the purpose of seeking custody of the child?
(1)     grandparent
(2)     sibling
(3)     aunt or uncle
(4)     first cousin
(a)     1 only
(b)     1 & 3 only
(c)     1,2 & 4
(d)     1,2,3 & 4

Answer 21

(b) 1035 (f) FCA
Grandparents, aunts, uncles and only adult siblings of the child may intervene for the purpose of seeking custody, either temporary or permanent. If the parent has appeared then the parents consent is needed.

Question 22

  FCA 1036 (a)
In cases involving abuse, the summons and petition shall be served within what period of time after their issuance?
(a)     2 court days
(b)     3 court days
(c)     5 court days
(d)     24 hours

Answer 22

(a) 1036 (a) FCA
2 COURT DAYS
If the summons and petition cannot be served within 2 court days, that fact shall be reported to the court within 3 days after their issuance and the court shall thereafter issue a warrant for the respondent.

Question 23

FCA 1036 (b)
Service of a summons and petition shall be made before the time stated therein for appearance. What is the least period of time that the summons shall be served?
(a)     24 hours
(b)     8 days
(c)     20 days
(d)     30 days

Answer 23

(a) 1036 (b)FCA
24 HOURS
By now we should know the return time on the service of a summons and petition for all articles of the FCA. NOTE: 24 hours under articles 3, 7, 8, and 10. 8 days under articles 4 and 5. 20 days under article 6.

Question 24

FCA 1036 (c)
In cases involving abuse where service of the petition and summons upon a nonresident or non-domiciliary respondent is required, such service shall be made within what time period after the issuance?
(a)     2 days
(b)     3 days
(c)     5 days
(d)   10 days

Answer 24

(d) 1036 (c) FCA
10 days’ service from the time of issue in the case of a nonresident.

Question 25

 FCA 1036 (d)
Which of the following methods of service of a summons and petition are available should personal service of these papers fail?
(a)     service on a person of suitable age
and discretion
(b)     substituted service
(c)     service by mail
(d)     service by publication

Answer 25

(b) 1036 (d) FCA
Only substituted service is available as an alternative service of process under article 10 FCA.

Question 26

 FCA 1037
If a warrant under article 10 FCA is not executed within 2 court days, such fact shall be reported to the court within how many days of its issuance?
(a)     2 court days
(b)     3 court days
(c)     5 court days
(d)     24 hours

Answer 26

(b) 1037(c) FCA
3 COURT DAYS

Question 27

FCA 1039 (b)
An adjournment in contemplation of dismissal is an adjournment of the proceedings for a period not to exceed:
(a)     6 months
(b)     8 months
(c)     12 months
(d)    18 months

Answer 27

(c) 1039 (b) FCA
An answer is sometimes put as 12 months rather than one year. Either, of course would be a correct answer. With the consent of the petitioner, the responder and the child’s attorney, the court may grant an extension for a time and upon such conditions as may be agreeable to the parties.

Question 28

 FCA 1046 (b)
In a fact finding hearing any determination that the child is abused or neglected must be based on:
(a)     proof beyond a reasonable doubt
(b)     clear and convincing proof
(c)     a preponderance of the evidence
(d)     probable cause

Answer 28

(c) 1046 (b) FCA

PREPONDERANCE OF THE EVIDENCE

Question 29

 FCA 1047 (a)
Pursuant to article 10, upon completion of the fact finding hearing, the dispositional hearing:
(a)     may commence immediately after the required findings are made
(b)     shall commence immediately after the required findings are made
(c)     shall commence within 15 days after the required findings are made
(d)     shall commence within a reasonable time as set by the court after the required findings are made

Answer 29

(a) 1047 (a) FCA
At the completion of the fact finding hearing, the dispositional hearing may commence immediately. There is no statutory time requirement for the commencement of the dispositional hearing.

Question 30

  FCA 1048 (a)
If so requested by the parent or other person legally responsible for the care of the child, the court shall not proceed with a fact finding hearing earlier than how many days after the service of the summons and petition?
(a)     10 days
(b)     5 days
(c)     3 days
(d)     2 days

Answer 30

(c) 1048 (a) FCA
This 3 day lapse may only be had if requested by the respondent parent or the person legally responsible for the child’s care unless emergency medical or surgical procedures are necessary to safeguard the life and health of the child.

Question 31

 FCA 1048 (b)
At the conclusion of the fact finding hearing, who of the following may move for an adjournment of the dispositional hearing?
(1)     the respondent
(2)     the petitioner
(3)     the child’s attorney
(4)     the court
(a)     1 & 2 only
(b)     2 & 3 only
(c)     4 only
(d)     1,2,3 & 4

Answer 31

(d) 1048 (b) FCA
Any of the choices may request a reasonable adjournment including the court on its own motion to enable the court to inquire into the surroundings, conditions and capacities of the persons involved in the proceedings.

Question 32

 FCA 1049
In scheduling hearings and investigations, the court shall give priority to proceedings involving:
(1)     abuse
(2)     neglect
(3)     delinquency
(4)     child removed from home before a final order of disposition
(a)     1 & 4 only
(b)     1 & 2 only
(c)     2 & 3 only
(d)     3 & 4 only

Answer 32

(a) 1049 FCA
Abuse
child removed from home before a final order of disposition

Any adjournment granted in the course of such a proceeding should be for as short a time as is practicable.

Question 33

 FCA 1052 (a)
At the conclusion of a dispositional hearing, the court shall enter an order:
(1)     suspending judgment or making an order of protection
(2)     placing child per Section 1055 or releasing child to non- respondent parent(s) or legal custodian(s) or guardian(s) not respondents in the proceeding.
(3)     releasing child to respondent(s) or placing respondent(s) under supervision or both.
(4)     granting custody to a respondent parent(s), relative(s) or a suitable person(s) or to a non-respondent parent(s).
(a)     all are correct
(b)     all are incorrect
(c)     most are correct
(d)     most are incorrect

Answer 33

Answer (a) 1052(a) FCA

ALL ARE CORRECT

Question 34

  FCA 1052-c
Upon a determination by the court to enter an order of disposition placing a child, the court shall immediately require the local social service district to report the results of any investigation to locate:
(1)     any non-respondent parent
(2)     all of the child’s grandparents
(3)     all relatives identified by a child over the age of 7
(4)     any relative who has expressed interest in becoming a foster parent for the child or seeking custody of the child.
(a)     1 & 4 only
(b)     2 & 3 only
(c)     1, 2 & 4 only
(d)     2, 3 & 4 only

Answer 34

Answer (c) 1052-c FCA
The results of the local social service district investigation shall include all relatives identified by a child over the age of 5 (not 7) who play or have played a significant positive role in the child’s life as required by FCA § 1017.

Question 35

FCA 1053 (b)
The maximum duration of any term or condition of a suspended judgment is:
(a)     one year
(b)     six months
(c)     2 years
(d)   18 months

Answer 35

(a) 1053 (b) FCA
The maximum duration of any term or condition of a suspended judgment under §1053(b) is one year, unless the court finds at the conclusion of that one year period, upon a hearing, that exceptional circumstances require an extension for an additional year.

Question 36

   FCA 1053 (c)
An order of a suspended judgment may require the child protective agency to make progress reports to the court and the parties. If the suspended judgment was issued with the consent of all parties and the child’s attorney, the report shall be provided no later than how many days after the order was issued?
(a)     30 days
(b)     60 days
(c)     90 days
(d)     120 days

Answer 36

(c) 1053 (c) FCA
90 DAYS
This section provides that the child protective agency shall keep the court, the child’s attorney and all parties aware of the progress as to the terms and conditions of the suspended judgment. The court may determine, when given the facts and circumstances, that such report is not required.

Question 37

FCA 1054
The court may release a child to a non-respondent parent(s) or person(s) who had been the legal custodian or guardian at the time of filing of the petition and who are not respondents in the proceeding for what designated period?
(a)      At least 90 days
(b)      Not more than 6 months
(c)      Up to one year
(d)      As long as necessary

Answer 37

(c) 1054 (a) & (c) FCA
An order to release, as well as an order of supervision, may be extended upon a hearing for a period of up to one year for good cause.

Question 38

 FCA 1055-a
A petition to review the foster care status of a child freed for adoption:
(a)     may be filed in the family court
(b)     shall be filed in the family court
(c)     may be filed in the surrogate’s court
(d)     shall be filed in the surrogate’s court

Answer 38

Answer (b) 1055-a FCA
The petition to review the foster care status of a child freed for adoption shall be filed in the family court in the county where the order committing the custody and guardianship of the child was entered.

Question 38

 FCA 1055(a)
At the conclusion of the dispositional hearing (FCA § 1052), the court may place the child:
(1)     in the custody of a relative or other suitable person
(2)     in the custody of the local commissioner of social services
(3)     with a board or department authorized to receive children as public charges
(4)     with a certified adoption agency
(5)     in an available long-term safe house
(a)     1 only
(b)     2 & 3 only
(c)     1, 2, 3 & 5 only
(d)     1, 2 & 4 only
(e)     all are correct

Answer 38

(c) 1055 (a) FCA
The court may also place the child in the custody of the local commissioner of social services to have the child reside with a relative or other suitable person who has indicated a desire to become a foster parent for the child. Such placement will be subject to an investigation of the home of such relative or suitable person within twenty-four hours to determine if such person is qualified as a foster parent. A child found to be “sexually exploited” (Sec. 447-a, subdivision 1, SSL) may be placed with the local commissioner of social services for placement in an available long-term safe house. Choice #4 is the only incorrect statement, thus (c) is the correct option.

Question 39

 FCA 1055-b (a), (d)
At the conclusion of the dispositional hearing under Article 10, the court may enter an order of disposition granting custody or guardianship of the child to a relative or a suitable person under Article 6 FCA Permanent Termination of Parental Rights, if:
(1)     the relative or suitable person has filed a petition for custody or guardian of the child pursuant to Article 6 FCA
(2)     the court finds that granting custody or guardianship to a relative or suitable person under Article 6 FCA will provide the child with a safe and permanent home
(3)     all parties to the child protective proceeding, consent to the granting of custody or guardianship under Article 6 FCA
(4)     after a consolidated dispositional hearing on the child protective petition and the petition under Article 6 FCA
(a)     1 & 2 only
(b)     2 & 3 only
(c)     1, 3 & 4 only
(d)     1, 2, 3 & 4

Answer 39

(d) 1055-b FCA
ALL ARE CORRECT

Question 40

 FCA 1062
Any interested person acting on behalf of a child placed under FCA 1055, may make a motion for an order terminating the placement. The motion must:
(1)     show that an application for the child’s return to his or her home was made to an appropriate person where the child was placed
(2)     show that the application was denied
(3)     show that the application was not granted within thirty days from the day the application was made
(4)     be accompanied by an affidavit stating the grounds for the motion
(a)     1 & 2 only
(b)     1 & 3 only
(c)     2 & 3 only
(d)     1, 2, 3 & 4

Answer 40

(d) 1062 FCA
Any interested person, who may be the child’s parent, or the person legally responsible for the child may make a motion to the court for an order terminating the placement. The motion must show that the application was denied or was not granted within thirty days as stated in selection number 3 of the answer.

Question 41

FCA 1011 T OR F
Article 10 FCA provides due process of law in determining when the family court may intervene on behalf of a child who may be abused or neglected.

Answer 41

(T) 1011 FCA
Article 10 is designed to help protect children from injury or mistreatment and help safeguard their physical, mental and emotional well being by providing due process of law for determining when the state may intervene against the wishes of a parent on behalf of a child.

Question 42

FCA 1012 (e),(f) T OR F
An abused child and a neglected child under article 10 mean substantially the same thing.

Answer 42

(F) 1012 (e)(f) FCA
The “neglected child” is in imminent danger of becoming impaired as a result of failure to exercise a minimum degree of care by the parents or other person responsible for the child’s care. The “abused child” has already been inflicted with serious physical injury.

Question 43

FCA 1013 T OR F
In determining the jurisdiction of the court under article 10 FCA, the age of the child at the time the proceedings are initiated is controlling.

Answer 43

(T) 1013 (c) FCA
The age of the child at the time the proceedings are initiated is controlling.

Question 44

 FCA 1014 (d) T OR F
In any hearing conducted by the family court under this section, the court may grant the respondent or potential respondent testimonial immunity in any later criminal court proceeding.

Answer 44

(T) 1014 (d) FCA
The immunity is limited to a transfer hearing by the family court under article 10 FCA and refers only to the respondent or potential respondent if a petition has not yet been filed.

Question 45

FCA 1016 T OR F
An appointment of an attorney for the child shall continue until the conclusion of the dispositional hearing.

Answer 45

(F) 1016 FCA
The order of appointment of an attorney for the child shall continue without further order or appointment during an order of disposition issued by the court directing supervision, protection or order suspending judgment or any order thereof; an adjournment in contemplation of dismissal; or the pendency of the foster care placement ordered pursuant to FCA § 1055. Such appointment shall terminate upon expiration of the court order.

Question 46

FCA §1017 2. (a)(i),(ii); 3. T OR F
Upon receipt of the report of the investigation ordered under subdivision 1. of this section, the court may grant temporary custody or guardianship to a non-respondent parent, relative or suitable person.

Answer 46

(T) 1017 2.(a)(i),(ii) FCA
Or, the court may temporarily release the child to such non-respondent parent or relative or suitable person during the pendency of the proceeding; or until further order of the court, whichever is earlier and conduct further investigations as the court deems necessary.

Question 47

 FCA 1017 3 T OR F
An order placing a child with a relative or other suitable person may not be granted unless such person consents.

Answer 47

(T) 1017 3 FCA
Such relative or suitable person must consent to the jurisdiction of the court.

Question 48

 FCA 1018 T OR F
In any proceeding under Article 10, the court may, at its discretion, authorize the use of conferencing or mediation at any point in the proceedings.

Answer 48

(T) 1018 FCA
This new section of Article 10 seeks to further a plan for the child that fosters the child’s health, safety, and well being. Such conferencing or mediation may involve interested relatives or other adults who are significant in the child’s life.

Question 49

FCA 1021 T OR F
The written consent by a parent or other person legally responsible for the child’s care which is given to a peace or police officer upon removal of the child from his or her residence may be attached to the petition if and when the proceedings are commenced.

Answer 49

(F) 1021 FCA
A copy of the instrument, whereby the parent or person legally responsible for the child’s care has given such consent to the removal, SHALL be attached and appended to the petition alleging abuse or neglect of the removed child and made part of the permanent record of the proceeding.

Question 50

FCA 1022(a) T OR F
The family court may enter an order directing the temporary removal of a child from his or her residence before the filing of a petition.

Answer 50

(T) 1022 (a) FCA
The statement is true if: there is not enough time to file a petition and hold a preliminary hearing or the parent or other person responsible for the child’s care was absent or refused to consent to the order or the child appears to suffer abuse or neglect of his or her parent or other person responsible for his or her care.

Question 51

FCA 1022-a T OR F
At a hearing held pursuant to Section 1022-a at which the respondent is present, the court shall in all cases, advise the respondent and any non-respondent parent who is present of the allegation in the application and shall appoint counsel for each in accordance with FCA Section 262 (Assignment of Counsel for Indigent Persons).

Answer 51

(F) 1022-a FCA
“In all cases” makes this statement incorrect. An exception exists which is “UNLESS WAIVED.”

Question 52

FCA 1023 T OR F
A person who originates a proceeding under Article 10 may apply for an order of temporary removal.

Answer 52

(T) 1023 FCA
Or, the court may issue such order on its own motion.

Question 53

FCA 1023 T OR F
Removal may be for services or assistance, including emergency medical or surgical procedures.

Answer 53

(T) 1023 FCA
Note that the parent or person legally responsible has a right to be present at the application and at any hearing held thereon, and the right to be represented by counsel, including procedures for obtaining counsel, if indigent.

Question 54

 FCA 1024 (a)(i),(e) T OR F
A treating physician who believes a child to be in imminent danger shall notify the police to assume custody of the child without an order of the court.

Answer 54

(T) 1024 (a)(i),(e) FCA
The treating physician keeps the custody of the child until the police department or the department of social service assumes the custody. Written notice of the emergency removal of the child shall be provided to the parent or person legally responsible for the child’s care. An emergency removal does not require an order of the court.

Question 55

FCA 1026 (a)(ii),(c) T OR F
In an abuse proceeding under emergency removal, the child protective agency must appear in court forthwith and may recommend to the court that the child be returned, file a petition or recommend that no petition be filed.

Answer 55

(T) 1026 (a)(ii),(c) FCA
If the child protection agency concludes that there is no imminent risk to the child’s health, it may recommend that the child be returned or that no petition be filed. If the agency does not return the child or concludes it appropriate, it shall forthwith cause a petition to be filed.

Question 56

 FCA 1027-a T OR F
Placement of a child with siblings or half siblings shall be presumptively in the best interest of the child.

Answer 56

(T) 1027-a FCA
The statement is true unless such placement would be contrary to the child’s health, safety or welfare. Under 1027-a we are speaking of minor siblings and half siblings.

Question 57

 FCA 1028-a (a),(b),(c) T OR F
Upon the application of a relative to become a foster parent of a child in foster care, the court shall hold a hearing to determine whether the child should be placed with the relative making the application.

Answer 57

Answer (T) 1028-a (a)(i) FCA
The applicant must be related to the child as described under Social Services Law Section 458-a, subd. 3, paragraphs (a), (b) or (c).

Question 58

 FCA 1031 (b)
Allegations of abuse and neglect must be filed in separate petitions.

Answer 58

(F) 1031 (b) FCA
Abuse and neglect allegations may be contained in the same petition.

Question 59

FCA 1031 (c) T OR F
On its own motion and at any time during the proceeding for abuse the court may substitute a petition for neglect.

Answer 59

T) 1031 (c) FCA
The court may substitute a neglect petition for the abuse petition if the facts do not appear sufficient to establish abuse.

Question 60

FCA 1033-b (d) (e) T OR F
In any case where a child has been removed, the court shall advise the respondent of the right to a hearing. The recitation of such rights shall not be waived.

Answer 60

(T) 1033-b (d) (e) FCA
In any case where a child has been removed, the court shall advise the respondent of the right to a hearing. The recitation of that right shall not be waived. The hearing may be requested at any time during the initial appearance proceeding.

Question 61

 FCA 1034 T OR F
Before a petition is filed under FCA 1034 and where there is reasonable cause to suspect that an abused or neglected child may be found on the premises, the court may issue an order authorizing entry to the home in order to evaluate the home environment of the child.

Answer 61

(F) 1034 FCA
The procedure for granting such order shall be where there is probable cause to believe that an abused or neglected child may be found on the premises and the fact that a child protective investigator has been denied access to the premises in order to evaluate the home environment. The procedure for granting an order which is applicable shall be the same as for a search warrant under CPL § 690.
Note: Nothing in § 1034 FCA limits the court’s power to issue any appropriate order in accordance with Art. 10 FCA AFTER a petition has been filed.

Question 62

  FCA 1034 T OR F
Before a petition is filed under FCA 1034 and where there is reasonable cause to suspect that an abused or neglected child may be found on the premises, the court may issue an order authorizing entry to the home in order to evaluate the home environment of the child.

Answer 62

(F) 1034 FCA
The procedure for granting such order shall be where there is PROBABLE CAUSE TO BELIEVE that an abused or neglected child may be found on the premises and the fact that a child protective investigator has been denied access to the premises in order to evaluate the home environment. The procedure for granting an order which is applicable shall be the same as for a search warrant under CPL § 690.

Question 63

 FCA 1036 (b) T OR F
In proceedings involving abuse only, the court may send process without the state in the same manner and with the same effect as process sent within the state.

Answer 63

(F) 1036 (b) FCA
This process without the state applies in cases of ABUSE OR NEGLECT. The authority for the out of state process comes from 302(b) CPLR, the “long arm statute.”

Question 64

 FCA 1035 (a) T OR F
In abuse proceedings the copy of the summons and petition shall be clearly marked on the face thereof “CHILD ABUSE CASE”

Answer 64

(T) 1035 (a) FCA
In addition to the summons and petition being marked “CHILD ABUSE CASE”, so shall a warrant in an abuse proceeding be clearly marked on the face of the warrant “CHILD ABUSE CASE.”

Question 65

 FCA 1035 (b) T OR F
In a proceeding to determine abuse or neglect, the summons shall contain a statement in conspicuous print informing the respondent that the proceeding may lead to the filing of a petition under the social service law for the termination of the respondent’s parental rights.

Answer 65

(T) 1035 (b) FCA
In addition, the statement shall also inform the respondent that the proceeding may lead to commitment of guardianship and custody of the child for the purpose of adoption.

Question 66

FCA 1038 (a) T OR F
Upon the motion of a petitioner or the child’s attorney, the court may order a respondent to provide non-testimonial evidence if the court finds probable cause that evidence is reasonably related to the allegations in the petition.

Answer 66

(T) 1038 (a) FCA
Non-testimonial evidence is exactly what the word implies, evidence such as blood, urine, hair or other types of physical evidence which excludes affidavits, statements and other documentation.

Question 67

FCA 1039 (f) T OR F
Regarding an adjournment in contemplation of dismissal (ACD), if the proceeding is not restored to the calendar the petition is, at the expiration of the ACD period, deemed to have been dismissed by the court.

Answer 67

(T) 1039 (F) FCA
As stated in the section.

Question 68

 FCA 1053 (a) T OR F
The CPL shall define the permissible terms and conditions of a suspended judgment.

Answer 68

(F) 1053 (a) FCA
The rules of the court shall define such terms and conditions and shall relate them to the acts or omissions of the parent or other person legally responsible for the care of the child.

Question 69

FCA 1055 (a) (ii) T OR F
An order placing a child directly with a relative or other suitable person pursuant to this section may be granted whether or not such person consents to the jurisdiction of the court.

Answer 69

F) 1055 (a) (ii) FCA
The order with respect to placing a child directly with a relative or other suitable person may not be granted unless the relative or other suitable person consents to the jurisdiction of the court.

Question 70

FCA 1055 (g) (i) T OR F
In making an order under this section, the court shall direct a local commissioner of social services to place the subject child together with minor siblings who have been placed in the custody of the commissioner.

Answer 70

(F) 1055 (c) (i) FCA
The court MAY direct a local commissioner of social services to place the subject child together with minor siblings or half-siblings or to arrange for regular visitation and other forms of communication between such child and siblings and half siblings where the court finds that such placement or visitation is in the child’s best interest.

Question 71

 FCA 1055 (b) (i) T OR F
The court shall state, on the record, its findings supporting the placement of a child in an order of placement made under this section.

Answer 71

(T) 1055 (b) (i) FCA
The order of placement shall include, but not be limited to: a description of the visitation plan; a direction that the respondent shall be notified of the planning conference or conferences to be held pursuant to the social services law § 409-e sub. 3, of their right to attend the conference with counsel or another representative or companion; a date certain for a permanency hearing.

Question 72

FCA 1055 (c) & (d) T OR F
Pursuant to FCA 1055(d), the court may issue an order directing a social service official or other authorized agency to institute a proceeding to legally free the child for adoption. The court may also direct a child protective agency, social services official or other duly authorized agency to undertake diligent efforts to encourage and strengthen the parental relationship.

Answer 72

(T) 1055 (c) & (d) FCA
The court may issue this directive in addition to or in lieu of an order of placement under 1055 (b) FCA, if the court finds reasonable cause to believe that grounds exist.

Question 73

 FCA 1056 1. & 4. T OR F
The court may issue an order of protection “in assistance or as a condition of any other order.” The order of protection runs concurrently with the order of disposition and may be extended with and beyond the order of disposition.

Answer 73

(F) 1056 1. & 4. FCA
The order of protection issued by the court in this instance may not be extended beyond the dispositional order. It shall run concurrently with order of disposition.

Question 74

 FCA 1056 3. T OR F
An order of protection or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless of whether such persons have been married or have lived together at any time.

Answer 74

(T) 1056 3. FCA
… or against a member of the “same family or household” (as defined in FCA 812 subdivision. 1)

Question 75

 FCA 1056 2. T OR F
The court may award custody of the child during the term of an order of protection to either parent or an appropriate relative within the 2nd degree.

Answer 75

(T) 1056 2. FCA
However, the court does not have the power to place or board out any child or to commit a child to an institution or agency.

Question 76

FCA 1071 T OR F
Where a parent or other person has violated the order of a suspended judgment under FCA § 1053, the court shall revoke the suspended judgement.

Answer 76

(F) 1071 FCA
The court MAY revoke the suspended judgment and enter any order that might have been made at the time the judgment was suspended.

Question 77

FCA 1072 (b) T OR F
The court, if satisfied after a hearing that a parent or other person legally responsible for the child’s care, failed to comply with the order of supervision or order of protection, may commit such person to jail for a term not to exceed 1 year.

Answer 77

(F) 1072 (b) FCA
Failure to comply with the terms and conditions of an order of supervision or an order of protection may result in a jail term not to exceed 6 months for the parent or other person legally responsible for the child’s care.

Question 78

FCA 1081.1 T OR F
A non-custodial grandparent shall not have visitation rights with a child remanded or placed in the care of a social service official pursuant to Article 10.

Answer 78

(F) 1081.1 FCA
The parent and grandparent shall have such right as conferred by the family court or any order or judgment of the supreme court or by written agreement by the parents.

Question 79

 FCA 1081.2 T OR F
Parents or grandparents who have not been afforded visitation rights per Section 1081.1 shall have the right to petition the court.

Answer 79

(T) 1081.2 FCA
See subdivision (a) to validate this right.

Question 80

 FCA 1081.2 T OR F
A child remanded or placed in the care of a social service official pursuant to Article 10 shall have the right to move for visitation or contact with his or her siblings.

Answer 80

(T) 1081.2 FCA
Such right is afforded as stated in subdivision (B) and includes half-siblings.

Question 81

FCA 1085 T OR F
No visitation or custody of a child shall be enforceable by a person who has been convicted of murder in the 1st or 2nd degree of a parent, legal custodian or legal guardian of the child.

Answer 81

(T) 1085 FCA
No visitation or custody shall be enforceable by a person who has been convicted of murder 1st or 2nd degree in New York state or another jurisdiction of a parent or legal custodian or guardian of the child unless: such child is of suitable age to signify assent and such child assents to the visitation or custody or if such child is not of suitable age to signify assent, the child’s custodian or legal guardian assents to the visitation.