UR 205 Family Court Volume 2 Flashcards
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
FORTY EIGHT (48) HOURS
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 ________________
Absconded…….return of the child
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.
60…… 30
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.
60
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.
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.
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.
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.
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
48 Hours
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:
- The ________ and expenses of each party
- The basis for _________ for support
- An assessment of the children’s __________
Income…….liability ……needs
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
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
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
THIRTY (30) DAYS
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
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
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:
- An affidavit from SCU with its reasoning for the adjustment
- A proposed adjusted order of support
- A notice to the parties of the proposed adjusted order and their rights
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:
- An affidavit from SCU with its reasoning for the adjustment
- A proposed adjusted order of support
- A notice to the parties of the proposed adjusted order and their rights
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
TEN (10) DAYS …….. THIRTY FIVE (35) DAYS
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
THIRTY (30) DAYS
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
THIRTY (30) DAYS….. SIXTY (60) DAYS
