Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

FCA - FUTURE CLERK 2023: THE CLERKENING > Article 10 Volume 2 > Flashcards

Article 10 Volume 2 Flashcards

1
Q

1021- Temporary removal with consent

  • A peace officer or a police officer or an agent of a duly authorized agency, association, society or institution may temporarily remove a child from his residence with the written consent of his or her parent or person responsible for his or her care if the child is suspected of being an abused or neglected child
  • The officer or agent shall, along with the removal, give written notice to the parent or other person responsible for the child’s care of the right to apply to the family court for the return of the child under FCA 1028 and the right to be represented by counsel
  • Such notice shall also include the name, title, organization, address and telephone number of the person removing the child; the name, address and telephone number of the authorized agency to which the child will be taken, if available; and the telephone number of the person to be contacted for visits with the child.
A

1021- Temporary removal with consent

  • A peace officer acting pursuant to his special duties or a police officer or an agent of a duly authorized agency, association, society or institution may temporarily remove a child from his residence with the written consent of his or her parent or person responsible for his or her care if the child is suspected of being an abused or neglected child
  • The officer or agent shall, along with the removal, give written notice to the parent or other person responsible for the child’s care of the right to apply to the family court for the return of the child under FCA 1028 and the right to be represented by counsel
  • Such notice shall also include the name, title, organization, address and telephone number of the person removing the child; the name, address and telephone number of the authorized agency to which the child will be taken, if available; and the telephone number of the person to be contacted for visits with the child.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

1021- Temporary removal with consent

A copy of the parent’s_________ for removal shall be attached to the petition

A

written consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

1021- Temporary removal with consent

A copy of the written consent for removal and notice of the telephone number of the child protective agency to contact to ascertain the date, time and place of the filing of the petition and of the hearing that will be held shall be given to the parent or legally responsible person.

A

1021- Temporary removal with consent

A copy of the written consent for removal and notice of the telephone number of the child protective agency to contact to ascertain the date, time and place of the filing of the petition and of the hearing that will be held shall be given to the parent or legally responsible person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

1021- Temporary removal with consent

Unless the child is returned sooner, a petition shall be filed within ____________ from the date of the removal. In such a case a hearing shall be held no later than the __________ after the petition is filed

A

THREE (3) COURT DAYS…….. next court day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

1022- Preliminary orders of court before petition filed

The family court may enter an order directing the temporary removal of a child before the filing of a petition if:

    1. A parent or other person was absent or if present refused to _________ to the temporary removal AND
    1. The child appears to suffer from the abuse or neglect of the parent and the immediate removal is necessary to avoid _____________ to the child’s life or health AND
    1. There isn’t enough time file a petition and hold a ______________
A

consent………… imminent danger………….preliminary hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

1022- Preliminary orders of court before petition filed

  • When a child protective agency applies to the court for such an immediate removal, the court shall calendar the matter _______________ and continue the matter on subsequent court days until a decision is made by the court
  • The court will consider whether removal is necessary to avoid imminent risk to the child’s life or health, is in the child’s best interests and whether reasonable efforts were made to prevent the child from being removed from the home.
  • At the conclusion of the hearing where it is determined that a child should be removed, the court shall set a date certain for an _______________ hearing
A

for that day ……….. initial permanency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

1022- Preliminary orders of court before petition filed

Any written order pursuant to this section shall be issued immediately, but in no event later than the __________ following the removal of the child.

A

next court day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

1022- Preliminary orders of court before petition filed

  • Except for good cause shown or unless the child is sooner returned to the place where he or she was residing, a petition shall be filed under this article within _________ of the issuance of the order
  • The court shall hold a 1027 hearing no later than ____ _________ following the filing of the petition if the respondent was not present, or was present and unrepresented by counsel, and has not waived his or her right to counsel, for the hearing pursuant to this section.
A

three court days…….. the next court day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

1022- Preliminary orders of court before petition filed

Before the filing of a petition the family court may enter an order authorizing a physician or hospital to provide emergency medical or surgical procedures if necessary to safeguard the life or health of the child and there is not enough time to file a petition and hold a 1027 hearing

A

1022- Preliminary orders of court before petition filed

Before the filing of a petition the family court may enter an order authorizing a physician or hospital to provide emergency medical or surgical procedures if necessary to safeguard the life or health of the child and there is not enough time to file a petition and hold a 1027 hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

1022- Preliminary orders of court before petition filed

  • If a person is not present at a child’s home at the time of the removal, a copy of the notice entitling the parent to a hearing under FCA 1028 will be affixed to the door and a copy shall be mailed to such person at his or her last known place of residence within __________ after the removal of the child
  • It will also include information about the organization that removed the child, where the child will be cared for, who to contact for visits, and information on order of temporary removal and TOPs under FCA 1023
  • The form of the notice shall be prescribed by the chief administrator of the courts
A

TWENTY FOUR (24) HOURS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

1022a- Preliminary orders; notice and appointment of counsel

At the time of the hearing the court shall advise the respondent of the allegations in the application and shall appoint counsel for the respondent where the respondent is indigent

A

1022a- Preliminary orders; notice and appointment of counsel

At the time of the hearing the court shall advise the respondent of the allegations in the application and shall appoint counsel for the respondent where the respondent is indigent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

1023- Procedure for issuance of temporary order

Any person who may originate a proceeding under this article may apply for, or the court on its own motion may issue an order of temporary removal or an order for the provision of services or assistance including emergency medical care

A

1023- Procedure for issuance of temporary order

Any person who may originate a proceeding under this article may apply for, or the court on its own motion may issue an order of temporary removal or an order for the provision of services or assistance including emergency medical care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

1024- Emergency removal without court order

A peace officer acting pursuant to his special duties, police officer, or a law enforcement official or an employee of the department of social service shall take all necessary measures to protect a child’s life including taking and keeping a child in ________________ if there is not enough time to apply for an order

A

protective custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

1024- Emergency removal without court order

Any physician shall notify the authorities to take custody of a child they are treating without an order of the court and without the consent of the parent, if there is reasonable cause to believe that there is an imminent danger to the child’s life or health and there is not enough time to____________

A

apply for an order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

1024- Emergency removal without court order

If a person under this section removes or keeps custody of a child, he shall:

    1. Bring the child immediately to a place approved for such purpose by the social services department
    1. Make every effort to inform the parent of the________ to which he has brought the child
    1. Give written notice to the parent of the right to apply to the family court for the_____________
A

Facility……… return of the child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

1024- Emergency removal without court order

Written notice to the parent:

  • The officer or physician shall, along with the removal, give written notice to the parent or other person responsible for the child’s care of the right to apply to the family court for the return of the child under FCA section _____________ and the right to be represented by counsel
A

1028

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

1024- Emergency removal without court order

Written notice to the parent:

  • It will also include information about the organization that removed the child, where the child will be cared for, who to contact for visits, and information on order of temporary removal and TOPs under 1023
A

1024- Emergency removal without court order

Written notice to the parent:

It will also include information about the organization that removed the child, where the child will be cared for, who to contact for visits, and information on order of temporary removal and TOPs under 1023

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

1024- Emergency removal without court order

Written notice to the parent:

  • If a person is not present at the time of the child’s removal, a copy of the notice will be affixed to the door and a copy shall be mailed to such person at his or her last known place of residence within _____________ after the removal of the child
A

TWENTY FOUR (24) HOURS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

1024- Emergency removal without court order

Written notice to the parent:

  • If the place of removal is not the child’s residence, a copy of the notice shall be personally served upon the parent or person legally responsible for the child’s care forthwith, or affixed to the door of the child’s residence and mailed to the parent or other person legally responsible for the child’s care at his or her last known place of residence within __________ hours after the removal.
  • An affidavit of such service shall be filed with the clerk of the court within __________ of serving such notice, exclusive of weekends
  • Failure to file an affidavit of service (SHALL/SHALL NOT) constitute grounds for return of the child.
A

Twenty-four (24) …….. twenty-four (24) hours……. SHALL NOT

20
Q

1024- Emergency removal without court order

Written notice to the parent:

  • The form of the notice shall be prescribed by the _____________________
A

chief administrator of the courts.

21
Q

1024- Emergency removal without court order

Any person acting in good faith in the removal or keeping of the child shall have ________________from civil or criminal_____________ - “No kidnapping charge to follow”

A

immunity ………….. liability

22
Q

1024- Emergency removal without court order

  • Any physician shall have the right to keep such child until custody is transferred to the appropriate authorities or social services official
  • Such social services official will promptly inform the ____________ of the situation
A

parent/PLR

23
Q

1026-Action by the appropriate person designated by the court and child protective agency upon emergency removal

  • The appropriate person or the child protective agency upon the emergency removal of a child shall make every reasonable effort to communicate with the __________ and,
  • except in cases involving abuse, cause a child thus removed to be returned as long as there is no ______________ to the child’s health
A

Parent ………Imminent risk

24
Q

1026-Action by the appropriate person designated by the court and child protective agency upon emergency removal

The return of the child may be conditioned upon a “__________________”, without security of the parent to appear in court at a specified time with the child

A

written promise

25
Q

1026-Action by the appropriate person designated by the court and child protective agency upon emergency removal

If the child protective agency does not return the child after an emergency removal, a petition shall be filed no later than __________ after the child was removed. The court may order an extension for up to _____________. A hearing shall be held no later than the _____________ after the petition is filed

A

the next court day………………three court days……………….. next court day

26
Q

1027- Hearing and preliminary orders after filing of petition

In any case where the child has been removed without a court order, {or where there has been a hearing pursuant to §1022 of this part at which the respondent was not present, or was not represented by counsel and did not waive his or her right to counsel}, the family court shall _______________

A

hold a hearing.

27
Q

1027- Hearing and preliminary orders after filing of petition

The family court shall hold a hearing no later than _____________ after the filing of a petition to determine whether the child’s interests require protection and shall continue on successive court days, if necessary, until a decision is made by the court.

A

the next court day

28
Q

1027- Hearing and preliminary orders after filing of petition

  • If the court determines that removal is necessary it shall immediately inquire as to the status of the social services district’s efforts at locating relatives of the child.
  • The court shall inquire if the child, if over the age of __________ , has identified any relatives who have played a significant role in his life.
A

FIVE (5)

29
Q

1027- Hearing and preliminary orders after filing of petition

Upon completion of such inquiry the court shall remand or place the child:

    1. With the local commissioner of social services who upon direction of the court will have the child reside with a relative or other suitable person who expressed a desire to become a ____________
    1. To a place approved by the ___________ district
    1. In the custody of a relative or other suitable person other than the ____________
A

foster parent……social services……RESPONDENT

30
Q

1027- Hearing and preliminary orders after filing of petition

After hearing, the court may, for good cause shown, issue a preliminary order of protection and/or, for good cause shown, release the child to his or her parent or other person legally responsible for his or her care, pending a final order of disposition

A

1027- Hearing and preliminary orders after filing of petition

After hearing, the court may, for good cause shown, issue a preliminary order of protection and/or, for good cause shown, release the child to his or her parent or other person legally responsible for his or her care, pending a final order of disposition

31
Q

1027- Hearing and preliminary orders after filing of petition

  • In all cases involving abuse the court (MAY/SHALL) order an examination of the child by a physician, and In all cases involving neglect the court (MAY/SHALL) order an examination of the child by a physician
  • As a part of such exam, color photographs will be taken and x-rays may be taken of the areas of trauma visible on the child
A

SHALL……… MAY

32
Q

1027- Hearing and preliminary orders after filing of petition

At the conclusion of a hearing where it has been determined that the child should be removed, the court shall set a date certain for an initial ______________

A

permanency hearing

33
Q

1027a- Placement of siblings; contact with siblings

  • When a social services official removes a child, the child shall be placed with his or her siblings or half siblings unless in the judgment of the official it is not in the best interests of the child.
  • If such placement is not immediately available, such official shall arrange for such placement within ___________
  • If placement together is not in the child’s best interests, regular contact with siblings or half siblings shall occur, unless not in the child’s best interests
A

THIRTY (30) DAYS

34
Q

1027a- Placement of siblings; contact with siblings

If a removed child is not placed together with his or her siblings or afforded regular contact, the child through his or her attorney or through a parent on his or her behalf, may bring a motion for placement or contact. The motion shall be served upon:

    1. The respondent in the proceeding
    1. The local social services official having the care of the child
    1. Other persons having care of the child
    1. The parents or others caring for the siblings to be visited with
    1. Any non-respondent parent
    1. Such sibling himself or herself if _____________ or older
    1. Such sibling’s attorney
A

TEN (10) YEARS OLD

35
Q

1027a- Placement of siblings; contact with siblings

The court can rule that the child be placed with, or have regular contact with, his or her siblings if determined it is in the best interests of the child

A

1027a- Placement of siblings; contact with siblings

The court can rule that the child be placed with, or have regular contact with, his or her siblings if determined it is in the best interests of the child

36
Q

**1028- Application to return child temporarily removed

  • Upon the application of a parent or other person responsible for care, or the child’s attorney, for the return of a child, the court shall hold a hearing within __________ of the application and shall not be adjourned. The court shall grant the application unless the return presents an imminent risk to the child**
  • If a parent/PLR waives their right to a 1028 hearing, they may apply for such hearing at any time during ______________
A

THREE (3) COURT DAYS ……. the proceedings

37
Q

1028a- Application of a relative to become a foster parent

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 a relative in foster care. Such hearing shall only be held if:

  1. The relative is:
    - (a) is related to the child through blood, marriage, or adoption; or
    - (b) is related to a half-sibling of the child through blood, marriage or adoption and where such person or persons is or are also the prospective or appointed relative guardian or guardians of such half-sibling; or
    - (c) is an adult with a positive relationship with the child, including, but not limited to, a step-parent, godparent, neighbor or family friend.
  2. The child has been temporarily removed or placed in non-relative foster care
  3. The relative indicates a willingness to become a foster parent
  4. The local social services district has refused to place the child with the relative for reasons other than the relative’s failure to qualify as a foster parent
  5. The application is brought within ____________ of the relative receiving notice of the child being removed and no later than ____________ from that date of removal
A

SIX (6) MONTHS ………. TWELVE (12) MONTHS

38
Q

1028a- Application of a relative to become a foster parent

If the court determines placement with the relative is within the best interests of the child, it shall direct the local social services official to commence an investigation of the home of the relative within ___________ to expedite approval as a foster parent

A

TWENTY FOUR (24) HOURS

39
Q

1029- Temporary order of protection

The family court upon application of any person who may originate a proceeding may issue a temporary order of protection, before or after filing of such petition.

A

1029- Temporary order of protection

The family court upon application of any person who may originate a proceeding may issue a temporary order of protection, before or after filing of such petition.

40
Q

1029- Temporary order of protection

If an order of protection is granted before a petition is filed, and a petition is not filed within __________ , the order shall be vacated.

A

TEN (10) DAYS

41
Q

1029- Temporary order of protection

An attorney for the child at any point can make application for a temporary order of protection

A

1029- Temporary order of protection

An attorney for the child at any point can make application for a temporary order of protection

42
Q

1029- Temporary order of protection

A temporary order of protection (IS/IS NOT) a finding of wrongdoing.

A

IS NOT

43
Q

1029- Temporary order of protection

The court may issue or extend a temporary order of protection ex parte or on notice simultaneously with the issuance of a __________

A

warrant

44
Q

1030- Order of visitation by a respondent

  • A respondent shall have the right to reasonable and regularly scheduled ___________ with a child in the temporary custody of a social services official and may apply to the court to enforce such right
  • Such application shall be on notice to __________and ________
A

visitation…….. DSS and AFC

45
Q

1030- Order of visitation by a respondent

  • A respondent shall be granted reasonable and regularly scheduled visitation unless the court finds that the child’s life or health would be endangered thereby, but the court may order visitation under the supervision of an employee of a local social services department upon a finding that such supervised visitation is in the best interest of the child.
  • An order made under this section shall terminate upon the entry of an order of __________
A

disposition

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

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions