Article 10 Volume 6

Question 1

1061- Staying, modifying, setting aside or vacating order

The court on its own motion or on motion of the corporation counsel, county attorney or district attorney, or on motion of the petitioner, the child or parent, in other words on just about anybody’s motion, the court may stay, set aside, modify or vacate any order issued under this article

Answer 1

1061- Staying, modifying, setting aside or vacating order

The court on its own motion or on motion of the corporation counsel, county attorney or district attorney, or on motion of the petitioner, the child or parent, in other words on just about anybody’s motion, the court may stay, set aside, modify or vacate any order issued under this article

Question 2

1062 -Motion to terminate placement

Any interested person acting on behalf of a child or the child’s parent or person responsible for their care may make a motion to the court for the __________________

The motion must:

• 1. Show that an application for the child’s return was made to the appropriate person
• 2. That the application was denied or not granted within _______ from the day the application was made
• 3. Be accompanied by a sworn affidavit stating the grounds for the motion

Answer 2

termination of placement………………THIRTY (30) DAYS

Question 3

1063- Service of motion; answer (1062 -Motion to terminate placement)

A copy of a motion under FCA 1062 -Motion to terminate placement shall promptly be served by ______ mail upon the agency having custody of the child and upon the “attorney for the child”, each of whose duty it is to file an answer to the motion within _______ of receipt

Answer 3

regular….. FIVE (5) DAYS

Question 4

1064- Examination of motion and answers; hearing (1062 -Motion to terminate placement)

The court shall examine the 1062 Motion to terminate placement and answers and ________________ or simply enter an order either granting or denying the motion

Answer 4

either hold a hearing

Question 5

1065-Orders on hearing (1062 -Motion to terminate placement)

• If the court determines after a hearing that continued placement is necessary, it shall deny the motion and determine a schedule for the return of the child, change the location where the child is placed or make other arrangements towards the child’s welfare and care
• If the court determines after a hearing that continued placement is not necessary, the court shall ___________ the child from the custody of the agency

Answer 5

discharge

Question 6

1065-Orders on hearing (1062 -Motion to terminate placement)

If a motion to the court for the termination of placement is denied, it may not be renewed for __________ , unless the prior order of denial indicates an earlier time

Answer 6

NINETY (90) DAYS

REMEMBER: RENEWAL - NINETY

Question 7

1067- Discontinuation of treatment by agency or institution

A child placed with an agency shall be returned to the court if the agency:

• 1. Discontinues or suspends its work
• 2. Is unwilling to continue to care for the child because support from the state has been discontinued
• 3. So fundamentally alters its program that the child can no longer benefit from it

Answer 7

1067- Discontinuation of treatment by agency or institution

A child placed with an agency shall be returned to the court if the agency:

• 1. Discontinues or suspends its work
• 2. Is unwilling to continue to care for the child because support from the state has been discontinued
• 3. So fundamentally alters its program that the child can no longer benefit from it

Question 8

1068- Action on return from agency or institution

If a person is returned to the court under FCA 1067 above, the court may make an order that might have been at the time of the order of ___________

Answer 8

placement

Question 9

1069- Rules of court.

The agency where the child is placed may arrange for the child’s care by another person or agency. Within _________ , the agency making such arrangement shall advise the court of the change and the reason.

Answer 9

ONE (1) WEEK

Question 10

1071- Failure to comply with terms and conditions of suspended judgment

If a motion is filed alleging a parent or other person responsible for the child’s care violated the terms and conditions of a suspended judgment, a hearing will be held at which time the order of suspended judgment may be revoked and the court may enter any order that may have been made at the time the judgment was _________

Answer 10

suspended

Question 11

1072- Failure to comply with terms and conditions of supervision

If a motion is filed alleging a violation of an order of supervision, a hearing may be held at which time, if it is determined that there was a willful violation, the court may:

• 1. Revoke the order of supervision or protection and enter any order that may have been made at the time the order of supervision or protection was made
• 2. Commit the parent or other person to jail for up to ________

Answer 11

SIX (6) MONTHS

Question 12

1073- Effect of running away from place of placement

• If a child runs away from a place of placement, the court may after hearing revoke the order of placement and enter any order that may have been made at the time the order of ________ was made.
• The child may be present at such hearing and the court shall appoint an “attorney for the child”

Answer 12

placement

Question 13

1074-Release from responsibility under order of placement

An agency or place where a child is placed may petition the court for leave to return the child to the court and be released from responsibility from further placement

Answer 13

1074-Release from responsibility under order of placement

An agency or place where a child is placed may petition the court for leave to return the child to the court and be released from responsibility from further placement

Question 14

1075- Special duties of attorney for the child.

In addition to other duties and responsibilities, an “______________ “ shall upon receipt of a report of further abuse or neglect, take appropriate action including applying to the court for appropriate relief

Answer 14

attorney for the child

Question 15

1081- Visitation rights

A non-custodial parent, grandparent, or sibling/half-sibling shall have visitation rights with a child remanded or placed in the care of a social services official. They have the right to petition the court for enforcement of any family court orders granting them such visitation

Answer 15

1081- Visitation rights

A non-custodial parent, grandparent, or sibling/half-sibling shall have visitation rights with a child remanded or placed in the care of a social services official. They have the right to petition the court for enforcement of any family court orders granting them such visitation

Question 16

1082- Approval, modification or denial of visitation rights

Upon receipt of such a petition as described in FCA 1081 above, the local department of social services shall make inquiry with the ____________ of child abuse and maltreatment to determine whether or not the petitioner has ever been the subject of any such report

Answer 16

state central register

Question 17

1082- Approval, modification or denial of visitation rights

If the local department of social services or the child’s attorney opposes a petition for visitation rights, the attorney shall serve and file an answer and the court will set a date for a hearing on the petition and notify the parties involved.

Answer 17

1082- Approval, modification or denial of visitation rights

If the local department of social services or the child’s attorney opposes a petition, the attorney shall serve and file an answer and the court will set a date for a hearing on the petition and notify the parties involved.

Question 18

1082- Approval, modification or denial of visitation rights

Whenever a hearing is to be held within __________ of a dispositional hearing authorized under this article, the court may hear such petition as part of such dispositional hearing.

Answer 18

ten (10) court days

Question 19

1082- Approval, modification or denial of visitation rights

In any hearing under this section, the court shall approve the petition for visitation unless the court finds upon __________________ evidence that enforcement of visitation rights would endanger the child’s life or health

Answer 19

competent, relevant and material

Question 20

1082- Approval, modification or denial of visitation rights

If the parties do not agree on a schedule of visitation, _____________ will make a schedule necessary to facilitate visitation and to protect the best interests of the child.

Answer 20

the court

Question 21

1083- Duration of orders affecting visitation rights

Generally any orders made granting, denying or modifying visitation rights shall _________________ for the length of time the child remains in such care, unless later modified by the court

Answer 21

remain in effect

Question 22

1084–Out-of-wedlock children; paternity

No visitation right shall be enforceable under this part concerning a person claiming to be the parent of an __________ without an adjudication or acknowledgment of paternity

Answer 22

out-of-wedlock child

Question 23

1085- Visitation and custody rights
unenforceable; murder of parent, custodian, guardian, or child

No visitation or custody order shall be enforceable upon a person who has been convicted of murder 1or 2 (in this state or another) of a parent, legal custodian, legal guardian, sibling, half sibling, or step sibling of the child unless:

• 1. Such child is of suitable age and ___________ to the visitation or custody
• 2. If not of suitable age, then the custodian or legal guardian consents
• 3. The person who has been convicted of murder can prove by a preponderance of evidence that:
• • That they or another family member was a victim of ______________ by the individual whom was subsequently murdered
• • The domestic violence was causally related to the commission of the murder
• 4. The court finds that such visitation or custody is in the best interests of the child

Answer 23

consents……… domestic violence