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fca - future clerk 2023: the clerkening > Article 7 Volume Two > Flashcards

Article 7 Volume Two Flashcards

1
Q

728- Discharge, release or pre-dispositional placement by judge after hearing and before filing of petition in custody cases.

If a child in custody is brought before a family court judge before a petition is filed, the judge shall hold a hearing to determine whether the court has ___________ over the child

A

jurisdiction

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2
Q

728- Discharge, release or pre-dispositional placement by judge after hearing and before filing of petition in custody cases.

The judge shall advise the child of their rights, including the right to _________ , the right to ___________ , etc. etc.

A

remain silent…… COUNSEL

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3
Q

728- Discharge, release or pre-dispositional placement by judge after hearing and before filing of petition in custody cases.

The judge must also allow the child__________________to send for his or her parents or other person or persons legally responsible for his or her care, and for counsel, and adjourn the hearing for that purpose.

A

a reasonable time

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4
Q

728- Discharge, release or pre-dispositional placement by judge after hearing and before filing of petition in custody cases.

After the hearing, the judge shall order the release of the child if there is no ________ over the child

A

jurisdiction

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5
Q

728- Discharge, release or pre-dispositional placement by judge after hearing and before filing of petition in custody cases.

The Judge may also issue an order of release for the child on the condition that the parents return the child to the lead agency for _______

A

diversion services

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6
Q

728- Discharge, release or pre-dispositional placement by judge after hearing and before filing of petition in custody cases.

If is determined a pre-dispositional placement order should issue, the order must state that:

  1. There would be no benefit to continuing _________
  2. Whether continuation in the child’s _________ would be contrary to the best interests of the child
  3. Whether ___________ were made to prevent the removal of the child from his home or return safely to the home if already removed
  4. Whether the _________ of the detention takes into account the setting of the community where the child________ with parents or obtains __________ , and the location of the detention facility to there
A

diversion services……home………. reasonable efforts……… setting ……. lives……. education

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7
Q

733- The following persons may originate a PINS petition:

  1. A peace or police ______
  2. The ___________ or other person legally responsible for his care
  3. Any person who has suffered ____________ as a result of the child or a witness to such activity
  4. The recognized ________ of any duly authorized agency, association or society
  5. The ___________ that consented to substitute a PINS for a JD petition
A

officer……..parent ……..injury …… agents ……… presentment agency

OPIAP

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8
Q

735- Preliminary procedure

Each county shall provide _________ designed to provide an immediate response to families in crisis, to identify alternatives to detention, and to divert a youth from being the subject of a family court petition

A

diversion services

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9
Q

735- Preliminary procedure

The designated lead agency shall:

  1. Confer with any person seeking to file a petition, the youth who may become the respondent, his or her family or other interested persons before any _________ may be filed; and
  2. Diligently attempt to prevent the ___________ , or if a petition is filed, to prevent the placement of the youth in foster care; and
  3. Assess whether the youth would benefit from residential ________ services up to ____________ ; and
  4. (NEW) assess whether the youth is a ___________________and, if so, whether such youth should be referred to a safe house
  5. Determine whether _____________ to placement are appropriate; and
  6. Determine whether an assessment of the youth by certified provider for a “________________ “ is necessary , when the petitioner alleges that the person is suffering from such disorder and could be a danger to himself or others
A

petition…….. filing of a petition …respite …. twenty-one (21) days……….. exually exploited child …..alternatives…….substance use disorder

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10
Q

735- Preliminary procedure

Any person or agency who is seeking to file a petition and does not have documentation from the lead agency of diversion attempts made, shall be referred by_______________ to the designated lead agency to schedule and hold at least _____________ to determine whether the youth should receive ____________

A

the clerk of the court………. one conference ……… diversion services

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11
Q

735- Preliminary procedure

Diversion services shall include documented diligent attempts to engage the youth and his or her family in appropriately targeted community based services, including but not limited to a residential respite program up to _____________, family crisis counseling, alternative dispute resolution programs, or an educational program.

They must schedule and hold at least _________ conference with the youth and his or her family concerning alternatives to filing a petition.

A

twenty-one days,…….. one (1)

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12
Q

735- Preliminary procedure

When the entity seeking to file a petition is a _______OR________ or where the parent or other potential petitioner indicates that the proposed petition will include truancy and/or conduct in school as an allegation, the lead agency shall review the steps taken by the school district to improve the youth’s attendance

A

school district, or local educational agency

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13
Q

735- Preliminary procedure

(NEW) Where the school district or local educational agency is not the potential petitioner, the designated lead agency shall contact such district or agency to resolve the truancy or school behavioral problems of the youth in order to obviate the need to file a petition or, at minimum, to remediate the education-related allegations of the proposed petition.

A

735- Preliminary procedure

(NEW) Where the school district or local educational agency is not the potential petitioner, the designated lead agency shall contact such district or agency to resolve the truancy or school behavioral problems of the youth in order to obviate the need to file a petition or, at minimum, to remediate the education-related allegations of the proposed petition.

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14
Q

735- Preliminary procedure

Efforts to prevent the filing of a petition may extend until the designated lead agency determines that there is _____________ that the youth and his or her family will benefit from further attempts but may continue beyond the filing of a petition if it is believed it may prevent the youth from entering foster care.

A

no substantial likelihood

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15
Q

735- Preliminary procedure

The designated lead agency shall promptly give written notice to the ____________ of the success, or lack thereof, regarding the attempts at preventing the filing of a petition

A

potential petitioner

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16
Q

735- Preliminary procedure

A finding by the designated lead agency that the case has been successfully diverted shall constitute evidence that the underlying allegations in the petition have been _____________________

A

successfully resolved

17
Q

735- Preliminary procedure

No petition may be filed by the parent or PLR for the youth where diversion services have been terminated because of the failure of the parent or PLR for the youth to ________ OR _________

A

Consent to or actively participate.

18
Q

735- Preliminary procedure

The clerk of the court shall accept a petition for filing only if :

  • it has attached thereto a notice from the designated lead agency indicating that there is no bar to filing as there was active participation in diversion services; and
  • those services were terminated due to a determination of no substantial likelihood of __________________; and
  • (NEW) where the proposed petition contains allegations of ______________ and/or _____________ , whether or not the school district or local educational agency is the proposed petitioner, a notice from the designated lead agency regarding the diversion efforts undertaken and the grounds for concluding that the education-related allegations could not be resolved absent the filing of a petition
A

diversion success……..truancy…… school misbehavior

19
Q

735- Preliminary procedure

No statements may be admitted into evidence at a fact-finding hearing that have been made to the designated lead agency:

  • __________ to the filing of the petition; or
  • if the petition has been filed, prior to the time the respondent has been notified that diversion has or will be ___________ ; or
  • prior to the commencement of a ____________ hearing if attempts at diversion have not terminated previously; or
  • if the proceeding is transferred to a _______________, at any time prior to a conviction.
A

prior………. terminated………. fact-finding …….criminal court

20
Q

736- Issuance of summons.

On the filing of a petition the court may cause a summons to be issued requiring the respondent and his or her parent/PLR or with person whom he is domiciled to appear.

The summons will be signed by the ______ OR ________________________

A

court or by the clerk or deputy clerk of the court

21
Q

736- Issuance of summons.

A copy of the petition shall also be served on any parent/PLR of the respondent who was not involved in signing the petition.

Such petition shall include a notice that upon placement of a child in care of the department of social services, said parent may be named as a respondent in a ___________ proceeding.

Service of this notice and petition shall be made by ___________ by __________

A

first class mail by the clerk of the court

22
Q

736- Issuance of summons.

(NEW) (Bard) The court may notify and hear the _____________ or ____________ if it believes their assistance can resolve truancy or school misbehavior allegations.

A

school district or local educational agency

23
Q

737- Service of summons.

Service of the summons and petition shall be made at least ____________ before the time stated for appearance.

If upon request of the respondent, the court shall not proceed with a hearing earlier than ___________ after service

After reasonable effort, if personal service cannot be made, an order for substituted service can be issued

A

TWENTY-FOUR (24) HOURS……. three days

24
Q

738- Issuance of warrant for respondent or other person legally responsible for care

The court may issue a warrant directing the respondent or other person responsible for his care or with whom he is domiciled be brought before the court when a petition is filed and it appears that:

  1. The summons cannot be served
  2. The respondent or other person has refused to obey the summons
  3. The respondent or other person is likely to leave the jurisdiction
  4. A summons in the court’s opinion would be ineffectual
  5. A respondent on bail or parole has failed to appear
A

738- Issuance of warrant for respondent or other person legally responsible for care

The court may issue a warrant directing the respondent or other person responsible for his care or with whom he is domiciled be brought before the court when a petition is filed and it appears that:

  1. The summons cannot be served
  2. The respondent or other person has refused to obey the summons
  3. The respondent or other person is likely to leave the jurisdiction
  4. A summons in the court’s opinion would be ineffectual
  5. A respondent on bail or parole has failed to appear
25
Q

738- Issuance of warrant for respondent or other person legally responsible for care

A warrant issued under this section shall expire at the end of ____________ from the date of issuance, unless extended for an additional period of ____________ upon application by the petitioner for good cause shown

A

SIX (6) MONTHS………. SIX (6) MONTHS

ISSUED = SIX LETTERS = SIX MONTHS

26
Q

739 - Release, pre-dispositional placement or referral after filing of petition and prior to order of disposition.

After filing a petition the court in its discretion may release the respondent or direct his pre-dispositional placement.

If the respondent may be a sexually exploited child, the court may direct the respondent to a short term ____________ .

A

safe house

27
Q

739 - Release, pre-dispositional placement or referral after filing of petition and prior to order of disposition.

The court shall not direct ___________________ unless there is a substantial probability the respondent will _________ in court on the return date and all available alternatives to such placement have been __________

A

pre-dispositional placement………..not appear ……. exhausted

28
Q

739 - Release, pre-dispositional placement or referral after filing of petition and prior to order of disposition.

No pre-dispositional placement may last for more than _________ unless the court finds that such probable cause exists (under criminal standards applicable to a hearing on a felony complaint), or unless special circumstances exist warranting the extension for an additional ___________ , exclusive of Saturday, Sundays, and public holidays

A

THREE (3) DAYS…… THREE(3)DAYS

29
Q

739 - Release, pre-dispositional placement or referral after filing of petition and prior to order of disposition.

(Bard) The court must determine and state in an order of pre-dispositional placement whether it is in the respondent’s best interest to remain in their home or be placed, and if reasonable efforts were made to prevent or eliminate the need for removal or to safely return home if previously removed.

A

739 - Release, pre-dispositional placement or referral after filing of petition and prior to order of disposition.

(Bard) The court must determine and state in an order of pre-dispositional placement whether it is in the respondent’s best interest to remain in their home or be placed, and if reasonable efforts were made to prevent or eliminate the need for removal or to safely return home if previously removed.

30
Q

740 - Temporary order of protection.

Upon the filing of a petition under this article, the court may issue a temporary order of protection which may contain the standard provisions generally found in such an order

A temporary order of protection is not a finding of wrongdoing.

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

A

a warrant

31
Q

741- Notice of rights; general provision.

At the initial appearance or at the commencement of any hearing, the respondent and his parent shall be advised of the respondent’s right to ___________and ____________

A

remain silent and right to counsel

32
Q

741- Notice of rights; general provision.

If there is no appearance by a parent or other person responsible for the child’s care, the court shall appoint an “attorney for the child” and unless inappropriate, shall also appoint a ________________

A

guardian ad litem

33
Q

741- Notice of rights; general provision.

The general public (MAY/SHALL) be excluded from any hearing under this article

A

MAY

34
Q

741- Notice of rights; general provision.

(Bard) After reasonable and substantial effort at notification, the court can proceed with a hearing even if the respondent’s parent/PLR is absent, as long as the ______________ and _____________ are present

A

respondent and their attorney

35
Q

742- Diversion attempts.

Whenever a petition is filed, the ___________shall file a written report with the court indicating any previous actions it has taken

At the initial appearance the court will review any termination of diversion services or order the youth and the parent to participate in diversion services. The court may, at any time, order that additional diversion attempts be undertaken by the designated lead agency.

If the designated lead agency successfully resolves the case, it shall so notify the court, and the court shall __________ the petition

A

lead agency ……… dismiss

36
Q

741-a Notice and right to be heard

The foster parent or any pre-adoptive parent or relative providing care for the respondent shall be be notified by the social services official of any permanency hearing held and have a right to be heard.

They (ARE/ARE NOT) parties to the hearing based on their notification and right to be heard.

Their failure to appear shall not cause a delay of the permanency hearing nor __________ any orders issued

A

Are not…. Invalidate

37
Q

743- Acceptance of an admission.

Before accepting an admission, the court shall advise the respondent of his or her right to ____________

A

a fact-finding hearing.

38
Q

743- Acceptance of an admission.

Before accepting an admission, the court shall also ascertain through allocution of the respondent and his or her parent or person legally responsible for his or her care, if present, that the respondent:

  1. committed the ___________ to which an admission is being entered;
  2. is voluntarily waiving his or her right to a _________ hearing; and
  3. is aware of the possible specific __________ orders.

The provisions of this subdivision shall not be waived.

Upon acceptance of an admission, the court shall state the reasons for its determination and shall enter a fact-finding order and schedule a dispositional hearing

A

act or acts …… fact-finding…… dispositional

fca - future clerk 2023: the clerkening (46 decks)

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