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FCA - FUTURE CLERK 2023: THE CLERKENING > Article 10-A > Flashcards

Article 10-A Flashcards

1
Q

1086- Purpose.

  • The purpose of this article is to establish uniform procedures for ______________ for all children who are placed in foster care, children who are directly placed with a relative and children who are freed for adoption.
  • It is meant to provide children placed out of their homes timely and effective judicial review that promotes permanency, safety and well-being in their lives
A

permanency hearings

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2
Q

1087- Definitions

“Child” shall mean a person under the age of ______________ who is

  • placed in foster care or with a relative, or
  • a person freed for adoption, or
  • a person between the ages of eighteen and twenty-one who has consented to continuation in foster care or trial discharge status; or
  • a former foster care youth under the age of twenty-one for whom a court has granted a motion to permit the 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.
A

EIGHTEEN (18)

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3
Q

1087- Definitions

  • “Child freed for adoption” shall mean a person whose custody and guardianship has been committed to an _____________ .
  • It includes a person whose parents have died while they are in foster care, but does not include a child who has been freed for adoption with respect to one parent but has another parent whose ___________ to an adoption is still required
A

authorized agency……. consent

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4
Q

1087- Definitions

“Agency” means an authorized agency to which the care and custody or custody and guardianship of a child has been transferred or committed.

A

1087- Definitions

“Agency” means an authorized agency to which the care and custody or custody and guardianship of a child has been transferred or committed.

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5
Q

1087- Definitions

“Foster care” shall mean care provided by an authorized agency to a child in a foster family, free or boarding home; agency boarding home; group home; child care institution, health care facility or any combination thereof.

A

1087- Definitions

“Foster care” shall mean care provided by an authorized agency to a child in a foster family, free or boarding home; agency boarding home; group home; child care institution, health care facility or any combination thereof.

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6
Q

1087- Definitions

“Permanency hearing report” shall mean a sworn report submitted by the social services district to the court, and the parties, prior to each permanency hearing regarding the health and well being of the child, efforts made to promote permanency of the child and the recommended permanency plan of the child

A

1087- Definitions

“Permanency hearing report” shall mean a sworn report submitted by the social services district to the court, and the parties, prior to each permanency hearing regarding the health and well being of the child, efforts made to promote permanency of the child and the recommended permanency plan of the child

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7
Q

1088 – Continuing court jurisdiction

If a child is placed or is freed for adoption the case shall remain on the court’s calendar and the court shall maintain jurisdiction over the case until the child is discharged from placement and all orders regarding supervision, protection or services have ________ .

A

expired

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8
Q

1088 – Continuing court jurisdiction

The court shall rehear the matter whenever it deems necessary or desirable, or upon motion by any party entitled to notice, or by the attorney for the child, and whenever a permanency hearing is required

A

1088 – Continuing court jurisdiction

The court shall rehear the matter whenever it deems necessary or desirable, or upon motion by any party entitled to notice, or by the attorney for the child, and whenever a permanency hearing is required

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9
Q

1088 – Continuing court jurisdiction

  • The court will continue to have jurisdiction over a case involving a former foster care youth to hear a motion to allow them to return to the custody of the social services district from which they were most recently discharged; Or
  • in the case of a youth previously placed with the office of children and family services for placement, to be placed in the custody of the social services district of the child’s residence or,
  • in the case of a child freed for adoption, the authorized agency into whose custody and guardianship the child has been placed.
A

1088 – Continuing court jurisdiction

  • The court will continue to have jurisdiction over a case involving a former foster care youth to hear a motion to allow them to return to the custody of the social services district from which they were most recently discharged; Or
  • in the case of a youth previously placed with the office of children and family services for placement, to be placed in the custody of the social services district of the child’s residence or,
  • in the case of a child freed for adoption, the authorized agency into whose custody and guardianship the child has been placed.
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10
Q

1089- Permanency hearings.

At the conclusion of a dispositional hearing in which a child has been freed for adoption, the court shall set a _________ for the “initial freed child permanency hearing” and advise all parties in court of the date set, except for the _____________

A

date certain….. respondent (s)

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11
Q

1089- Permanency hearings.

The permanency hearing for a child has been freed for adoption shall be commenced no later than _____________ after the hearing at which the child was freed and completed within ____________ , unless the court determines to hold the permanency hearing immediately upon completion of the hearing at which the child was freed, provided adequate notice has been given

A

THIRTY (30) DAYS …………. THIRTY (30) DAYS

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12
Q

1089- Permanency hearings.

(Bard) If a former foster care youth is granted a 1091 Motion to return to foster care placement, the court must set a date for a permanency hearing within __________ of their return to foster care.

A

thirty (30) days

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13
Q

1089- Permanency hearings.

  • With all orders of removals or disposition in which the child was remanded or placed, the court shall set a date certain for an initial permanency hearing, advise all parties in court of the date set and include the date in the _____________
  • For all other permanency hearings other than children freed for adoption or reentry into foster care, the court shall set a date certain for the “initial permanency hearing” no later than _________ from the date which is _____________ from the date the child was removed from his or her home.
  • As above, the hearing shall be completed within ___________
A

order……… SIX (6) MONTHS…….. SIXTY (60) DAYS………. THIRTY (30) DAYS

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14
Q

1089- Permanency hearings.

(Bard) If a sibling or half-sibling of the child has already has a permanency hearing scheduled within the next__________ , the permanency hearing for the newly removed child will be scheduled on the same date as the sibling’s hearing, unless the sibling was removed from the home pursuant to a ________ or __________ proceeding.

A

eight (8) months…….. JD or PINS

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15
Q

1089- Permanency hearings.

Subsequent permanency hearings shall be scheduled for a date certain no later than __________ from the completion of the previous permanency hearing, and to be completed again within _______________

A

SIX (6) MONTHS………….. thirty days

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16
Q

1089- Permanency hearings.

No later than ______________ before the date certain for the permanency hearing, the local social services district shall serve the notice of permanency hearing and the permanency hearing report by __________ upon:

    1. The child’s parent, foster parent or other person responsible for the child’s care
    1. The agency supervising the child
    1. The child’s attorney
    1. Any pre-adoptive parent or relative providing care
    1. A former foster parent where the child had lived for a continuous period of TWELVE (12) MONTHS unless it’s not in the child’s best interests.
  • (The former foster parent will not be a party to the hearing. Their failure to appear will be considered a waiver of the right to be heard and their absence cannot delay the hearing or invalidate any orders)
A

FOURTEEN (14) DAYS……… regular mail

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17
Q

1089- Permanency hearings.

If the child is age ________ or older, notice of the permanency hearing shall be served by regular mail upon the child within ___________ before the hearing
- The AFC may consult with the child about their participation at the hearing

A

TEN (10)…….. FOURTEEN (14) DAYS

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18
Q

1089- Permanency hearings.

The permanency report shall include:

  1. The child’s permanency goal, which may be:

A. Return to the parents
B. Placement for adoption with the local social services official
C. Referral for legal guardianship
D. Permanent placement with a fit and willing relative
E. 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 if the child is age _________ or older

A

sixteen

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19
Q

1089- Permanency hearings.

The permanency report shall include:

  1. The health, well being and status of the child, including:
  • A. A description of the child’s health and well being
  • B. Information regarding the child’s current placement
  • C. An update on the educational and other progress the child has made, including whether they are enrolled in school or pre-kindergarten programs or if necessary, the special education services being provided, and where the child is at least Sixteen and has elected not to continue toward a high school diploma, the steps the local social service district has taken to assist the child to become employed or enrolled in a vocational program
  • D. A description of the visitation plan for the child
  • E. Where the child is Fourteen or over, the assistance provided to enable the child to learn independent living skills
  • F. A description of any other services being provided to the child
A

1089- Permanency hearings.

The permanency report shall include:

  1. The health, well being and status of the child, including:
  • A. A description of the child’s health and well being
  • B. Information regarding the child’s current placement
  • C. An update on the educational and other progress the child has made, including whether they are enrolled in school or per-kindergarten programs or if necessary, the special education services being provided, and where the child is at least Sixteen and has elected not to continue toward a high school diploma,the steps the local social service district has taken to assist the child to become employed or enrolled in a vocational program
  • D. A description of the visitation plan for the child
  • E. Where the child is Fourteen or over, the assistance provided to enable the child to learn independent living skills
  • F. A description of any other services being provided to the child
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20
Q

1089- Permanency hearings.

The permanency report shall include:

    1. The status of the parent, including what steps they have taken to enable the child to safely __________ and the progress made to that cause
A

return home

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21
Q

1089- Permanency hearings.

The permanency report shall include:

    1. A description of the ____________ to achieve the child’s permanency plan unless the child is freed for adoption or there has been a determination by a court that such efforts are not required
A

reasonable efforts

22
Q

1089- Permanency hearings.

The permanency report shall include:

  • Where the permanency plan is adoption, guardianship, placement with a fit and willing relative or another planned permanent living arrangement other than return to parent, the reasonable efforts to ________ and _________ such alternate permanent placement
A

make and finalize

23
Q

1089- Permanency hearings.

The permanency report shall include:
- Where return home of the child is not likely, the reasonable efforts that have been made to evaluate and plan for another permanent plan and any steps taken to further a ___________ other than return to the child’s parent; or

A

permanent plan

24
Q

1089- Permanency hearings.

The permanency report shall include:

  • Where a child has been freed for adoption, a description of the reasonable efforts that will be taken to facilitate the adoption of the child
A

1089- Permanency hearings.

The permanency report shall include:

  • Where a child has been freed for adoption, a description of the reasonable efforts that will be taken to facilitate the adoption of the child
25
Q

1089- Permanency hearings.

The permanency report shall include:

  1. The recommended permanency plan, including
  • Continuations or extensions of the goal
  • Extensions of the placement
  • Proposed changes in the child’s current placement, trial discharge or discharge that may occur before the next permanency hearing;
  • A description of the steps that will be taken for appropriate educational and vocational services to the child in their current placement and during any potential change in the child’s foster care placement, during any trial discharge, and after discharge of the child until the next permanency hearing;
  • Modification to the visitation plan or plans
  • Where a child has attained the age of fourteen or will attain the age of fourteen before the next permanency hearing, a description of the services and assistance that will be provided to enable the child to learn independent living skills
  • where a child has been placed outside this state, whether the Out-of-state placement continues to be appropriate, necessary and in the best interests of the child
A

1089- Permanency hearings.

The permanency report shall include:

  1. The recommended permanency plan, including
  • Continuations or extensions of the goal
  • Extensions of the placement
  • Proposed changes in the child’s current placement, trial discharge or discharge that may occur before the next permanency hearing;
  • A description of the steps that will be taken for appropriate educational and vocational services to the child in their current placement and during any potential change in the child’s foster care placement, during any trial discharge, and after discharge of the child until the next permanency hearing;
  • Modification to the visitation plan or plans
  • Where a child has attained the age of fourteen or will attain the age of fourteen before the next permanency hearing, a description of the services and assistance that will be provided to enable the child to learn independent living skills
  • where a child has been placed outside this state, whether the Out-of-state placement continues to be appropriate, necessary and in the best interests of the child
26
Q

1089- Permanency hearings.

The permanency report shall include:

  • Where return home of the child is not likely, the efforts that will be made to evaluate or plan for another permanent plan, including consideration of appropriate in-state and out-of-state placements
A

1089- Permanency hearings.

The permanency report shall include:

  • Where return home of the child is not likely, the efforts that will be made to evaluate or plan for another permanent plan, including consideration of appropriate in-state and out-of-state placements
27
Q

1089- Permanency hearings.

The permanency report shall include:

In the case of a child who has been freed for adoption:
- a description of services and assistance that will be provided to the child and the prospective adoptive parent to expedite the adoption
- information regarding the child’s eligibility for adoption subsidy
- **if the child is over ____________ and has withheld his consent to an adoption, the facts and circumstances regarding that decision

A

Fourteen

28
Q

1089- Permanency hearings.

The permanency report shall include:

Where the child remains placed in a QRTP:
- The strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home and the QRTP is the most effective and appropriate level of care for the child in the least restrictive environment, and that the placement is consistent with the short-term and long-term goals for the child, as specified in the child’s permanency plan
- Specific treatment or services as well as a timeline for the need of such treatment or services. The efforts to return the child home or be placed with a willing relative, legal guardian or adoptive parent, or in a foster family home.

A

1089- Permanency hearings.

The permanency report shall include:

Where the child remains placed in a QRTP:
- The strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home and the QRTP is he most effective and appropriate level of care for the child in the least restrictive environment, and that the placement is consistent with the short-term and long-term goals for the child, as specified in the child’s permanency plan
- Specific treatment or services as well as a timeline for the need of such treatment or services. The efforts to return the child home or be placed with a willing relative, legal guardian or adoptive parent, or in a foster family home.

29
Q

1089- Permanency hearings.

If there is a plan to move the child from placement in such a (placement or) or QRTP program, the change must be on notice to the court, the attorneys for the parties, attorney for child, forthwith but not later than _____________ following the decision to change or the change itself, whichever is sooner.

If such notice lists an anticipated date for the placement change, such notice shall occur no later than ____________ following the placement change

A

one business day……. one business day

30
Q

1089- Permanency hearings.

When a child whose legal custody was transferred to the commissioner of a local social services district is placed into a QRTP, upon receipt of notice and motion of the local social services district, the court shall schedule a court review to make an assessment and determination of such placement
Such court review shall occur no later than ___________ from the date the placement of the child in the QRTP commenced.

A

sixty days

31
Q

1089- Permanency hearings.

The permanency hearing shall include an age appropriate consultation with the child; provided, however that if the child is age ___________ or older and the requested permanency plan for the child is placement in another planned permanent living arrangement with a significant connection to an adult willing to be a permanency resource for the child, the court must ask the child about the desired permanency outcome for the child.

A

sixteen

32
Q

1089- Permanency hearings.

Service of court order and permanency hearing report.

  • A copy of the court order which includes the date certain for the next permanency hearing and the permanency hearing report as approved, adjusted, or modified by the court, shall be given to the _____________________
A

Parent/PLR for the child

33
Q

1089-a. custody or guardianship with a parent or parents, a relative or relatives or a suitable person or persons pursuant to article six of this act or guardianship of a relative or relatives or a suitable person or persons pursuant to article seventeen of the surrogate’s court procedure act.

A petition for custody or guardianship may be heard jointly with a ___________ held pursuant to this article.

A

permanency hearing

34
Q

1089-a. custody or guardianship with a parent or parents, a relative or relatives or a suitable person or persons pursuant to article six of this act or guardianship of a relative or relatives or a suitable person or persons pursuant to article seventeen of the surrogate’s court procedure act.

An order of custody or guardianship issued in accordance with this subdivision will result in termination of all pending orders issued pursuant to this article or article ten of this act if the following conditions have been met:

  • Granting custody or guardianship is in the best interest of the child and won’t risk their safety
  • Granting custody or guardianship will provide the child with a safe and permanent home
  • the parents the attorney for the child, the local department of social services, and the foster parent of the child who has been the foster parent for the child for __________ or more consent to the issuance of an order of custody or guardianship and the termination of the order of placement pursuant to this article or article ten; or, if any of the parties object to the granting of custody or guardianship, the court finds issuing the order over their objections is in the best interest of the child.
A

one year

35
Q

1089-a. custody or guardianship with a parent or parents, a relative or relatives or a suitable person or persons pursuant to article six of this act or guardianship of a relative or relatives or a suitable person or persons pursuant to article seventeen of the surrogate’s court procedure act.

When a non-respondent parent files FCA 6 custody/visitation petition while a 10A proceeding is pending, the court may hear both a permanency hearing and custody/visitation hearing at the same time, but the FCA 6 hearing must be decided using the terms of ____________ .

With referral by the supreme court, similarly, a hearing for a petition brought before the supreme court for custody/visitation following a marriage can be heard concurrently with a PPH hearing as well, but the custody/visitation matter must be decided according to the ___________

A

FCA 6………. Domestic relations law.

36
Q

1089-a. custody or guardianship with a parent or parents, a relative or relatives or a suitable person or persons pursuant to article six of this act or guardianship of a relative or relatives or a suitable person or persons pursuant to article seventeen of the surrogate’s court procedure act.

The court shall not issue an ________________ or require the local department of social services to provide services to the respondent(s) when granting custody or guardianship under FCA 6 or SCPA 17 in accordance with this section.

A

order of supervision

37
Q

1089-a. custody or guardianship with a parent or parents, a relative or relatives or a suitable person or persons pursuant to article six of this act or guardianship of a relative or relatives or a suitable person or persons pursuant to article seventeen of the surrogate’s court procedure act.

Any order entered pursuant to this section shall __________ the court’s jurisdiction over the article ten proceeding and the court shall not maintain jurisdiction over the proceeding for further permanency hearings.

A

conclude

38
Q

1089-a. custody or guardianship with a parent or parents, a relative or relatives or a suitable person or persons pursuant to article six of this act or guardianship of a relative or relatives or a suitable person or persons pursuant to article seventeen of the surrogate’s court procedure act.

  • The court shall hold age appropriate consultation with the child, however, if the youth has attained ____________ years of age, the court shall ascertain his or her preference for a suitable guardian or custodian.
  • Where the youth is over the age of ___________ , he or she shall consent to the appointment of a suitable guardian or custodian.
A

Fourteen ……… eighteen

39
Q

1090- Representation of parties.

  • If an “attorney for the child” has been appointed in a proceeding under the social services law or article 10 of the FCA, the appointment shall continue without further court order, until the child is ____________ from placement and all related orders have ___________
  • If an “attorney for the child is relieved, the court shall immediately appoint another “attorney for the child”.
A

Discharged……… expired.

40
Q

1090- Representation of parties.

  • The appointment of an attorney for the respondent parent shall continue without further order of the court and will expire upon the expiration of the time for an ________ from an order of disposition against the responding parent.
  • If an attorney is relieved, the court shall immediately appoint another attorney
A

appeal

41
Q

1090-a. Participation of children in their permanency hearings.

The permanency hearing shall include an age appropriate _________ with the child.

A

consultation

42
Q

1090-a. Participation of children in their permanency hearings.

Children age __________ and over have a right to participate in their permanency hearings, and a child may only waive such right after consultation with his or her attorney.

A

TEN (10)

43
Q

1090-a. Participation of children in their permanency hearings.

The court shall also have discretion regarding allowing a child under the age of _________ to participate in their own permanency hearing

A

ten

44
Q

1090-a. Participation of children in their permanency hearings.

While children age fourteen (14) or over shall be entitled to participate in all aspects of their permanency hearing as they wish, children between___________ and __________ may have their participation limited in accordance with their best wishes as determined by the court

A

ten (10) and fourteen (14)

45
Q

1090-a. Participation of children in their permanency hearings.

  • Participation by a child in a PPH may be in person, by telephone, electronic means, or written statement.
  • Except as otherwise provided for in this section, a child who has chosen to participate in his or her permanency hearing shall choose the _________ in which he or she shall participate.
A

manner

46
Q

1090-a. Participation of children in their permanency hearings.

For children who are age ten and over, the __________ shall consult with the child regarding whether the child would like to participate in the permanency hearing and if so, the extent and manner in which they would like to participate.

A

attorney for the child

47
Q

1090-a. Participation of children in their permanency hearings.

  • ___________ days notice shall be given to all parties as to whether the child will participate in the hearing
  • The failure of an AFC to notify the court of the request of a child age ten or older to participate in their permanency hearing shall not be grounds to prevent such child from participating unless there has been a finding to limit the child’s participation
A

TEN (10) DAYS

48
Q

1090-a. Participation of children in their permanency hearings.

The court shall grant an adjournment ___________ to accommodate the right of a child to participate in their permanency hearing, however, this not shall not override the requirement that the PPH must be completed within ____________ of the scheduled date certain.

A

whenever necessary…….. thirty days

49
Q

1090-a. Participation of children in their permanency hearings.

The court may proceed to conduct a permanency hearing without consulting with the child if the AFC has not consulted with the child and the court finds that one of the following conditions is met:

  • The child lacks the mental capacity to understand the permanency hearing.
  • The AFC has made diligent efforts to consult with the child but the child was unresponsive, unreachable, or declined to consult, unless such failure was the foster parent’s or agency’s fault.
  • The child was AWOL from foster care at the time consultation was attempted.
  • There is another good cause that cannot be alleviated in a timely manner.
A

1090-a. Participation of children in their permanency hearings.

The court may proceed to conduct a permanency hearing without consulting with the child if the AFC has not consulted with the child and the court finds that one of the following conditions is met:

  • The child lacks the mental capacity to understand the permanency hearing.
  • The AFC has made diligent efforts to consult with the child but the child was unresponsive, unreachable, or declined to consult, unless such failure was the foster parent’s or agency’s fault.
  • The child was AWOL from foster care at the time consultation was attempted.
  • There is another good cause that cannot be alleviated in a timely manner.
50
Q

1090-a. Participation of children in their permanency hearings.

The child (CAN/CANNOT) be compelled to participate in the PPH if they don’t want to.

A

cannot

FCA - FUTURE CLERK 2023: THE CLERKENING (46 decks)

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