SSL 383-C Volume 2 Flashcards
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
- (a) There is a _____________ for judicial surrender and another for extra-judicial surrender.
form
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
(b) The form shall state in large bold print on the first page:
(i) that parents have a right to a lawyer, even if they cannot afford one and have a right to have a lawyer or other person present at time of signing the surrender, and that they also have the right to supportive counseling.
(ii) that parent is giving up all rights to child unless agreement has been made on different terms, and that if parent registers with the adoption information registry, parent(s) may be contacted after child reaches 18, but only if both child and parents so choose.
(iii) that child will be adopted by approved agency adoptive parents unless surrender paper names persons who will be adopting the child.
(iv) that parents cannot be forced to sign the surrender paper or be subject to any penalty for not signing.
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
(b) The form shall state in large bold print on the first page:
(i) that parents have a right to a lawyer, even if they cannot afford one and have a right to have a lawyer or other person present at time of signing the surrender, and that they also have the right to supportive counseling.
(ii) that parent is giving up all rights to child unless agreement has been made on different terms, and that if parent registers with the adoption information registry, parent(s) may be contacted after child reaches 18, but only if both child and parents so choose.
(iii) that child will be adopted by approved agency adoptive parents unless surrender paper names persons who will be adopting the child.
(iv) that parents cannot be forced to sign the surrender paper or be subject to any penalty for not signing.
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
(c) A judicial surrender instrument shall also state that surrender becomes final and irrevocable immediately upon execution.
If parties have agreed to conditions, the instrument shall also state that:
(i) the authorized agency shall notify parents within __________ days of any substantial failure of a material condition of the surrender prior to the finalization of the adoption of the child, and
(ii) that agency will file a petition within _____________ days of failure for court to review the failure (and in the absence may be filed by parent or law guardian within 60 days after notification of the failure, but prior to the adoption of the child).
(iii) unless waived in writing and appended to the instrument, parent is obligated to provide the agency with a mailing address to receive notices regarding any substantial failure of a material condition.
20………… 30
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
(d) an extra-judicial surrender shall also state in plain language in bold print on the first page:
(i) the name and address of the court where extrajudicial surrender will be filed.
(ii) that a revocation of the surrender will be effective if it is in writing and postmarked or received by the court named in the surrender within __________ of the signing of the surrender
(iii) that surrender cannot be revoked after ____________ if the child has been placed in adoptive home.
45 days….. 45 days
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
The instrument shall also state that:
(i) the authorized agency shall notify parents within __________ days of any substantial failure of a material condition of the surrender prior to the finalization of the adoption of the child, and
(ii) that agency will file a petition within __________ days of failure for court to review the failure (and in the absence may be filed by parent or law guardian within __________ days after notification of the failure, but prior to the adoption of the child).
(iii) unless waived in writing and appended to the instrument, parent is obligated to provide agency with a mailing address to receive notices regarding any substantial failure of a material condition.
20……..30 ……. 60
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
(e) Surrender shall be recorded in the office of the county clerk in the ____________ where the surrender was executed or where principal office of such agency is located, in a book kept under seal and subject to inspection only as provided by SSL 372 sub 3 and 4.
county
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
(f) Surrender, surrender instrument, and surrender paper shall refer exclusively to adoption of children in foster care,
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
(f) Surrender, surrender instrument, and surrender paper shall refer exclusively to adoption of children in foster care,
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
(g) upon execution of surrender instrument, parent executing the surrender shall provide the following information if known about person to whom parent was married at time of conception of child and any other person entitled to notice:
- name,
- last-known address,
- social security number and
- any other identifying information.
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
5.
(g) upon execution of surrender instrument, parent executing the surrender shall provide the following information if known about person to whom parent was married at time of conception of child and any other person entitled to notice; name, last-known address, social security number and any other identifying information.
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
- (a) if court disapproves the surrender, or if revocation of a non-judicial surrender is mailed and postmarked or delivered to court within ____________ days of execution of surrender, surrender shall be deemed a nullity and child shall be returned to authorized agency
45
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
6.
(b) If revocation of a non-judicial surrender is mailed and postmarked or delivered to court after ______ days of execution of surrender and child was not placed with adoptive parents, surrender shall be deemed a nullity and child shall be returned to authorized agency.
45
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
6.
(c) If it is determined that adoptive parents will not adopt the child or if there is a substantial failure prior to the finalization of the adoption of a child, the agency shall notify the court and law guardian within ________ days and shall file within ________ days a petition for court to review such failure (in absence of such a filing, parent or law guardian of child may file within _______ days after notification of failure and prior to adoption).
20.. 30… 60
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
6.
(d) Nothing in this section bars an action or proceeding brought on the ground of _______, _________, or _________ in the execution or inducement of a surrender.
fraud, duress or coercion
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
- A surrender for adoption executed by a parent, parent or guardian who is in foster care shall be executed only before a judge in ______________
the family court.
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
- (a) After surrender is approved by court, _____________ for the petitioning agency shall serve a notice of entry upon approved adoptive parents and advising them that they may commence an adoption proceeding
attorney
383-C GUARDIANSHIP AND CUSTODY OF CHILDREN IN FOSTER CARE
8.
(b) Adoption proceedings in the case of an extra-judicial surrender shall be initiated more than _______ days after the surrender is executed
45
