Article 7 Volume Three Flashcards by C P

744- Evidence in fact-finding hearings; required quantum.

Only evidence that is__________________ may be admitted at the fact finding hearing,
Any determination at the conclusion of the hearing must be based on ________________;
For this purpose, an ____________ confession made out of court by a respondent is not sufficient.

competent, material and relevant …….. proof beyond a reasonable doubt……… uncorroborated

It’s a fact, C MR BRD

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745- Evidence in dispositional hearings

Only evidence that is _____________ may be admitted at the dispositional hearing, and any adjudication at the conclusion of the hearing must be based on ___________________

material and relevant ……preponderance of the evidence

FUTURECLERK HINT: MR POE at the Dispo

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Sequence of hearings.

Upon completion of the fact-finding hearing the dispositional hearing (MAY/SHALL) commence immediately after the required findings are made.

MAY

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Time of fact-finding hearing.

If the respondent is in pre-dispositional placement, a fact-finding hearing shall commence not more than __________ after the filing of a petition under this article

three (3) days

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748- Adjournment of fact-finding hearing.

If the respondent is in pre-dispositional placement, the court may adjourn a fact finding hearing:

On its own motion or on motion of the petitioner for not more than ___________
On motion of the respondent or parent for _______________
Successive motions to adjourn a fact-finding hearing may be granted only under special circumstances.

THREE (3) DAYS…….A reasonable period of time

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749- Adjournment after fact-finding hearing or during dispositional hearing.

Upon or after a fact finding hearing, the court may upon its own motion or upon motion of a party to the proceeding, order that the proceeding be “adjourned in contemplation of dismissal”.
An ACOD shall be for a period not to exceed _____________

SIX (6) MONTHS.

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749- Adjournment after fact-finding hearing or during dispositional hearing.

As a condition of an ACOD, the court may also order completion of an alcohol awareness program and, in cases where the record indicates that _______ or ____________ was the basis of the petition, require an eligible person to complete an education reform program

cyberbullying or sexting

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749- Adjournment after fact-finding hearing or during dispositional hearing.

On its own motion, the court may adjourn the matter after the fact finding hearing but before the conclusion of the dispositional hearing when necessary.

Such general adjournment shall be for no more than ______________ when the respondent is in pre-dispositional placement, in which case not more than a total of ________ such adjournments may be granted in the absence of special circumstances

If not in pre-dispositional placement such adjournments may be for a reasonable time not to exceed ______________

TEN (10) DAYS…two…… TWO (2) MONTHS

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749- Adjournment after fact-finding hearing or during dispositional hearing.

On motion on behalf of the respondent or by his parent or other person legally responsible for his care, the court may adjourn the proceedings on conclusion of a fact finding hearing or during a dispositional hearing for ____________

a reasonable period of time.

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750- Probation reports

All reports prepared by the ____________ shall be deemed confidential and subject to disclosure.

probation service

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750- Probation reports

After completion of the fact finding hearing and prior to the dispositional hearing, the reports will be made available by the court for copying by the “attorney for the child” or the respondent if unrepresented

If all such reports are made available to the respondent or AFC, then they shall also be made available to counsel for ___________

the petitioner

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750- Probation reports

All such reports shall be submitted to the court at least _____________ prior to the commencement of the dispositional hearing

FIVE (5) COURT DAYS

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751- Order dismissing petition

If the allegations of the petition are not established, the court shall __________ the petition.

The court may also dismiss the petition in _____________

Dismiss……….. the interests of justice

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752- Findings

If the allegations of the petition are established, the court shall enter an order finding the respondent __________________

in need of supervision

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§ 754. Disposition on adjudication of a person in need of supervision.

Upon an adjudication of a PINS, the court shall enter an order of disposition:

Discharging the respondent with _________
_____________ judgment
Continuing the proceeding and “___________ “ the respondent unless the respondent is age ___________ or older, though a __________ old can be placed in special circumstances
Put the respondent on ________

a warning…….. Suspending ……… placing…….. Sixteen …… sixteen year……… probation

‘FUTURECLERK 2023: The Clerkening’ Hint- “They can sting them like a “WaSPP”

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§ 754. Disposition on adjudication of a person in need of supervision.

Also, the court may order an eligible person to complete an ___________ program as part of a disposition

education reform

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§ 754. Disposition on adjudication of a person in need of supervision.

(Bard) The court order must state the reasons for the disposition, and if the child is placed outside of their home, the order must also state whether reasonable efforts were made to prevent or eliminate the need for removal or to return home safely.

§ 754. Disposition on adjudication of a person in need of supervision.

The court shall include in a finding that in the case of a child who has attained the age of _____________ , the services needed if any to make the transition from foster care to independent living,

FOURTEEN (14)

§ 754. Disposition on adjudication of a person in need of supervision.

Reasonable efforts to return the child to the home or to prevent or eliminate the need for removing the child from the home shall not be required where:

The parent has subjected the child to aggravating circumstances
The parent has been convicted of _____________ or ____________ of another child of the parent
The parent was convicted of criminal solicitation for conspiring, soliciting or facilitating ____________ or _________ of the child or another child of the parent
The parent has been convicted of assault of a child less than __________ old resulting in serious physical injury to the child or another child of the parent
The parent was convicted in another jurisdiction of any of the above crimes
The parent’s ___________ to the child have been __________ terminated

murder or voluntary manslaughter ….murder or voluntary manslaughter …..Eleven (11) years…..rights….. involuntarily

§ 754. Disposition on adjudication of a person in need of supervision.

If the court determines that Reasonable efforts to return the child to the home or to prevent or eliminate the need for removing the child from the home are not needed, a permanency hearing shall be held within __________ of such finding

THIRTY (30) DAYS

§ 754. Disposition on adjudication of a person in need of supervision.

A permanency plan shall indicate whether and when the child:

Will be returned to the ________
Should be placed for __________
Should be referred for legal _____________
Should be placed permanently with a ____________ relative
Should be placed permanently in another planned living arrangement with a significant connection to an adult if the child is __________ or older

parent…..adoption…….. guardianship….. fit and willing (16) years

755- Suspended judgment.
The maximum term of any suspended judgment is _____________, but exceptional circumstances may allow for an additional period of _______________

The court may order attendance at and completion of an alcohol awareness program if alcohol was a contributing factor

ONE (1) YEAR…….. ONE (1) YEAR

Placement.

The court may:

place the child in__________ home; or
order the child be placed in the custody of a suitable relative or other suitable private person;
or
order the child be placed in the custody of a commissioner of ______________.

its own …… social services

Placement.

Where the child is placed with the commissioner of the local social services district:

the child may be placed by the social services district into a ___________; or
if the court finds that the respondent is a sexually exploited child, an available __________ safe house; or
the court may direct the commissioner to place the child with an authorized _________ or class of authorized ____________.

foster boarding home…….long-term agency…. agencies

756. Placement. Placement shall not be ordered in instances where the only finding made against the respondent is that they meet __________________________ unless the court finds placement is in the best interest of the respondent and that it would be contrary to the welfare of the respondent to continue in their own home.

the definition of a person in need of supervision

756. Placement. Unless the dispositional order provides otherwise, the court so directing, shall include one of the following alternatives to apply if the commissioner is unable to so place the child: - the commissioner shall apply to the court for an order to stay, modify, set aside, or vacate such directive; or - the commissioner shall return the child to the family court for a new dispositional hearing and order.

756. Placement. - A child may be placed by the Court for an initial period of no greater than__________ , and may extend the placement if necessary. - The court may also recommend restitution or require services for public good in conjunction with an order of placement.

60 days

756-a. Extension of placement The person with whom the child has been placed or the commissioner of social services may petition the court to extend such placement at least _________ prior to the expiration of the initial placement and at least ___________ prior to the expiration of the period of any additional placement, except for good cause shown, No petition shall be filed after the original expiration date.

fifteen (15) days …. thirty (30) days REMEMBER: The initial placement can only be for 60 days, so there is an abbreviated schedule. The subsequent placements of 6 months and 4 months are more in line with what we would expect.

756-a. Extension of placement Extension of placement - The court shall conduct a ________________ concerning the need for extension. - The child, the person with whom the child has been placed and the commissioner of social services shall be notified of such hearing and shall have the right to be heard - Only evidence that is ___________________ may be admitted and the determination must be based on a ____________________

permanency hearing ............ material and relevant ….... preponderance of the evidence FUTURECLERK HINT: MR POE (got a perm)

756-a. Extension of placement If the petition for Extension of placement is filed within __________ prior to the expiration of the period of placement, the court shall first determine at such permanency hearing whether good cause has been shown. - If good cause is not shown, the court shall dismiss the petition.

thirty (30) days

756-a. Extension of placement - At the conclusion of the first permanency hearing the court may, order ONE extension of the placement for not more than _______ - At the conclusion of the second permanency hearing, the court may order one extension of placement for not more than _____________ unless: - - The AFC at the request of the child, seeks an additional length of stay for the child in such program and it is in the best interest of the child; or - - The court finds that extenuating circumstances exist that necessitate the child being placed out of the home.

six months......... four months

756-a. Extension of placement If the court orders an extension of placement, - (Bard) **The court must determine that reasonable efforts are being made to ensure the child's safe and permanent placement, whether that is reunification with the parents or placement with another family through guardianship, adoption, or some other arrangement** If the court orders an extension of placement, the court must consider and determine: - that reasonable efforts were made to make it possible for the child to safely return home, or if the permanency plan for the child is adoption, guardianship or some other permanent living arrangement other than reunification with the parents, reasonable efforts are being made to make and finalize such alternate permanent placement including consideration of appropriate in-state and out-of-state placements;

756-a. Extension of placement If the court orders an extension of placement, the court must consider and determine: (Bard) **The court must determine that reasonable efforts are being made to ensure the child's safe and permanent placement, whether that is reunification with the parents or placement with another family through guardianship, adoption, or some other arrangement** - that reasonable efforts were made to make it possible for the child to safely return home, or if the permanency plan for the child is adoption, guardianship or some other permanent living arrangement other than reunification with the parents, reasonable efforts are being made to make and finalize such alternate permanent placement including consideration of appropriate in-state and out-of-state placements;

756-a. Extension of placement If the court orders an extension of placement, the court must consider and determine: (Bard) **For children who have attained the age of 14, the permanency plan must include services to help them transition to adulthood, and the plan must be developed with the child's input.** [If the court orders an extension of placement, the court must consider and determine: For children who have attained the age of fourteen (14), the permanency plan must include services needed to assist the child in transitioning to successful adulthood, and the plan must be developed in consultation with the child and, at the option of the child, with up to two additional members of the child's permanency planning team who are selected by the child unless there is good cause they would not work in the child’s interest]

756-a. Extension of placement If the court orders an extension of placement, the court must consider and determine: (Bard) **For children who have attained the age of 14, the permanency plan must include services to help them transition to adulthood, and the plan must be developed with the child's input.** For children who have attained the age of fourteen (14), the permanency plan must include services needed to assist the child in transitioning to successful adulthood, and the plan must be developed in consultation with the child and, at the option of the child, with up to two additional members of the child's permanency planning team who are selected by the child unless there is good cause they would not work in the child’s interest

756-a. Extension of placement If the court orders an extension of placement, the court must consider and determine: In the case of a child placed outside New York state, whether the out-of-state placement continues to be appropriate and in the best interests of the child;

756-a. Extension of placement If the court orders an extension of placement, the court must consider and determine: whether and when the child: - (A) will be returned to the parent; - (B) should be placed for ____________ with the social services official filing a petition for termination of parental rights; - (C) should be referred for legal ___________ ; - (D) should be placed permanently with a fit and willing _____________ ; or - (E) if the child is age ___________ or older, should be placed in another planned permanent living arrangement with a significant connection to an adult willing to be a permanency resource for the child

adoption ....guardianship......relative........ sixteen

756-a. Extension of placement (Bard) **The court must determine that the social services official is appropriately caring for the child and has made all reasonable efforts to find a safe and permanent home for the child before ordering an extension of placement.** If the court orders an extension of placement (1) it must also determine the social services official has documented to the court: (I) made intensive, ongoing, and unsuccessful efforts to find a safe and permanent home for the child with a relative, including through search technology and social media; and The social services district is taking steps to ensure that the child is receiving appropriate care and opportunities for development at the foster home or facility, including by following the reasonable and prudent parent standard and consulting with the child about their activities; and The social services district has documented to the court that it is not in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a relative, or placed with a legal guardian. (3) the court has made a determination explaining why, as of the date of the hearing, another planned living arrangement with a significant connection to an adult willing to be a permanency resource for the child is the best permanency plan for the child; and;

756-a. Extension of placement (Bard) If the court orders an extension of placement (1) it must also determine the social services official has documented to the court: (I) made intensive, ongoing, and unsuccessful efforts to find a safe and permanent home for the child with a relative, including through search technology and social media; and The social services district is taking steps to ensure that the child is receiving appropriate care and opportunities for development at the foster home or facility, including by following the reasonable and prudent parent standard and consulting with the child about their activities; and The social services district has documented to the court that it is not in the best interest of the child to return home, be referred for termination of parental rights and placed for adoption, placed with a relative, or placed with a legal guardian. (3) the court has made a determination explaining why, as of the date of the hearing, another planned living arrangement with a significant connection to an adult willing to be a permanency resource for the child is the best permanency plan for the child; and;

756-a. Extension of placement If the court orders an extension of placement, the court must consider and determine where the child will not be returned home, consideration of appropriate _______ and _____________ placements.

in-state ....out-of-state

756-a. Extension of placement (Bard) The court must consult with the respondent, aged ________ or older, about their desired permanency outcome if the requested permanency plan is placement in another planned permanent living arrangement with a significant connection to an adult willing to be a permanency resource for the respondent

756-a. Extension of placement The Court may __________ the placement pending final determination on motion by petitioner, respondent, or sua sponte

temporarily extend

756-a. Extension of placement no placement may be made or continued beyond the child's ____________ birthday without his or her consent and in no event past his or her __________ birthday.

Eighteenth …...... twenty-first

756-a. Extension of placement (Bard) When a child is placed in a QRTP, the social services district must submit evidence at the permanency hearing demonstrating that: - The child's needs cannot be met through placement in a foster family home. - The placement in a QRTP is the most effective and appropriate level of care for the child in the least restrictive environment. - The placement is consistent with the child's short-term and long-term goals. - Efforts have been made to prepare the child to return home, or to be placed with a fit and willing relative, legal guardian, adoptive parent, or in a foster family home.

756-a. Extension of placement (Bard) When a child is placed in a qualified residential treatment program, the social services district must submit evidence at the permanency hearing demonstrating that: The child's needs cannot be met through placement in a foster family home. The placement in a qualified residential treatment program is the most effective and appropriate level of care for the child in the least restrictive environment. The placement is consistent with the child's short-term and long-term goals. Efforts have been made to prepare the child to return home, or to be placed with a fit and willing relative, legal guardian, adoptive parent, or in a foster family home.

756-a. Extension of placement A youth who was formerly a PINS respondent may be placed back into foster care, a supervised setting, or a kinship/Fictive in placement if they file a motion pursuant to _________ of this act.

article 1091 (10-B)