Article 10-A Permanency Hearings Flashcards
FCA 1087 (b)
A child freed for adoption shall mean:
(1) a person whose custody and guardianship has been committed to an authorized agency
(2) a person whose parents have died
(3) a person who has no known relatives
(a) 1 only
(b) 1 & 2 only
(c) 3 only
(d) 1, 2 & 3
Answer (a) 1087(b) FCA
A child freed for adoption shall mean a person whose custody and guardianship has been committed to an authorized agency; a person whose parent or parents have died during the period in which the child was in foster care and for whom there is no surviving parent who would be entitled to notice or consent to adoption. However, the category does not include a child who has been freed for adoption with respect to one parent but who has another parent whose consent to an adoption is required.
FCA 1087 (c)
Foster care is defined as care provided by an authorized agency to a child:
(1) in a foster family free or boarding home
(2) in an agency boarding home
(3) in a group home
(4) in a child care institution
(a) 1 & 2 only
(b) 1 & 3 only
(c) 2 & 4 only
(d) 1, 2, 3 & 4
(d) 1087(c) FCA
All selections are correct and by adding a health care facility we have all foster care locations or any combination thereof.
FCA 1089 (a) (1) (i)
At the conclusion of the dispositional hearing at which the child was freed for adoption, the permanency hearing shall commence no later than:
(a) ten days after the hearing
(b) twenty days after the hearing
(c) thirty days after the hearing
(d) ninety days after the hearing
(c) 1089 (a) (1) FCA
The court may also hold the permanency hearing immediately upon the completion of the hearing, provided that adequate notice has been given.
Note: Do not confuse this permanency hearing with the initial permanency hearing which is held before or during the fact finding hearing.
FCA 1089 (b)
The local social services district shall serve the notice of the permanency hearing and permanency hearing report upon the child’s parents and non-respondent parent including:
(1) agency supervising the care of the child
(2) the attorney for the child, the child’s attorney and attorney for respondent parent
(3) any other person legally responsible for the child’s care
(4) the foster parent in whose home the child currently resides
(a) 1 & 2 only
(b) 3 only
(c) 2 & 4 only
(d) 1, 2, 3 & 4
(d) 1089 (b)
If the child is age 10 or older, the local social service district shall serve the notice of permanency hearing by regular mail upon the child no later than 14 days before the date certain for scheduled hearing.
FCA 1089 (c)
The content of the permanency hearing report shall include the child’s current permanency goal, which may be:
(1) return to the parents
(2) placement for adoption
(3) referral for legal guardianship
(4) permanent placement with a fit and willing relative
(a) 1 only
(b) 2 & 3 only
(c) 3 & 4 only
(d) 1, 2, 3 & 4
(d) 1089 (c) FCA
All selections are correct. Placement for adoption would be with the local social service official filing a petition for termination of parental rights. In addition to the four choices in the answer, we have placement in another planned permanent living arrangement that includes a significant connection to an adult who is willing to be a permanency resource for the child, who is age 16 or older.
Note new subdivision (c)(6) regarding placement in a qualified residential treatment program and the Social Services District Commissioner’s duties to submit evidence at the permanency hearing, eff. 9/29/21, per Ch. 56, L. 2021.
FCA 1086 T OR F
Article 10-A governs permanency hearings where foster care placements are reviewed by the family court.
(T) 1086 FCA
Article 10-A establishes uniform procedures for permanency hearings for all children placed in foster care or directly placed with a relative or freed for adoption.
FCA 1087 (a)
Under article 10-A the term “child” shall mean, among other things, a person under the age of sixteen who is placed in foster care.
F) 1087 (a) FCA
Child shall mean a person under 18 who is placed in foster care; or placed directly with a relative; or who has been freed for adoption; or a person between the ages of 18 and 21 who has consented to continuation in foster care or trial discharge status; or a former foster care youth under 21 for whom a court has granted a motion to permit such youth to return to the custody of the local commissioner of social services or other officer, board or department authorized to receive children as public charges.
FCA 1087 (e) T OR For
The permanency hearing report is a sworn report submitted only to the court by the social service district before each permanency hearing regarding the health and well-being of the child.
(F) 1087 (e) FCA
The report shall also be submitted to the parties prior to each permanency hearing not only regarding the health and well-being of the child, but also the reasonable efforts made since the last hearing to promote permanency for the child, and the recommended permanency plan for the child.
FCA 1089 (a) (3) T OR F
Subsequent permanency hearings for a child who continues in out-of-home placement or is freed for adoption, shall be scheduled for a date certain no later than six months from the completion of permanency previous hearing.
(T) 1089 (a) (3) FCA
As stated in the section. Note, the permanency hearing shall be completed within thirty days of commencement.
FCA 1089 (d) (viii) (D) T OR F
The court may make an order of protection in assistance or as a condition of any other order made under this section.
(T) 1089 (d) (viii) (D) FCA
The court may make an order of protection in a manner specified by FCA § 1056 or as a condition of any other order made under this section. The order of protection may set forth reasonable conditions of behavior to be observed by a person before the court for a specified time.
FCA 1090 (b) T OR F
Under Article 10-A, appointment of an attorney for the respondent parent or parents may continue without further order of the court.
(F) 1090 (b) FCA
The appointment SHALL continue without further order of the court. The attorney may be relieved of his or her representation upon application to the court for termination of the appointment. If the court approves the application, it shall immediately appoint another attorney for the respondent parent or parents. The same holds true with respect to the appointment of an attorney for the child.
FCA 1090-a(a)(1) T OR F
In connection with a child permanency hearing, such hearing shall include an age appropriate consultation with the child.
T) 1090-a(a)(1)
This statement is correct as written.
FCA 1090-a(a)(2)
Without exception, children aged 10 and over have the right to participate in their permanency hearing.
(F) 1090-a(a)(2)
An exception applies when in the best interests of the child.
FCA 1090-a(a)(2) T OR F
A child may waive the right to a permanency hearing only after consultation with his or her attorney.
(T) 1090-a(a)(2)
This statement is correct as written.
FCA 1090-a(d)(3)(i) T OR F
The court may not grant an adjournment in connection with child participation in their permanency hearing.
(F) 1090-a(d)(3)(i)
The court shall grant an adjournment whenever necessary to accommodate the rights of the child.
