By the Numbers volume 1 Flashcards by C P

119 An “infant” or “minor” means a person who has not attained the age of ___________

Eighteen (18)

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154 - For orders of protection and violations of orders of protection, service upon a non-resident or non-domiciliary of a petition and summons shall be made at least _____________ before the return date

TWENTY(20) DAYS

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154-b. Order of protection; answer and counter-claims; confidentiality of address.
In every proceeding under articles 4, 5, 6 and 8 of this act in which an order of protection is requested, the respondent may file with the court an answer to the petition and a counterclaim. A counter-claim shall be heard in the same manner as a petition and may be heard on the return date of the petition, provided that the counterclaim is served on the petitioner no later than _______ prior to the return date and said counter-claim and proof of service is filed with the court. The petitioner may file and serve a reply to the counterclaim. A denial of the allegations of the counterclaim shall be presumed if the petitioner does not file and serve a reply.

five days

Hint: “Talk to the hand” (five finger response for five days) - not to be confused with a single, middle finger response

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154 -D A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court.

The criminal court must then make the matter returnable in the family court on the next day they are in session, but in no event more than _____________

FOUR (4) CALENDAR DAYS

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154 -D A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court.

Any temporary order of protection issued shall also expire not more than ______________ after its issuance

FOUR (4) CALENDAR DAYS

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155-a A desk officer in charge at a police station, county jail or police headquarters, or any of his or her superior officers may take cash bail for a person’s appearance before the appropriate court the next morning from any person arrested on a family court warrant. There is a special rule for when this can occur:

Between XX:XX YY through the night to XX:XX YY the next morning,

or 2. ln NYC between XX:XX YY through the night to XX:XX YY the next morning

The amount of bail set is the amount fixed in the warrant and if an arrest occurs outside of the above hours the respondent would be brought ____________ to answer the warrant

11:00:00 AM…. 8:00 AM…………. 2:00PM ……. 8:00 AM………. directly to the family court

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158 - No order of protective custody may extend for a period of more than __________. For good cause shown the court may renew the order for additional periods of ________ , but the total period cannot exceed _______________ .

FOURTEEN (14) DAYS….. FOURTEEN (14) DAYS…….. FORTY-TWO (42) DAYS

HINT: Remember it this way 14 + 14 + 14 = 42 days maximum protective custody

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NEW NEW NEW 162 Use of restraints on children in courtrooms

§ 162-a. Use of restraints on children in courtrooms. (a) Use of Restraints. Except as otherwise provided in subdivision (b) of this section, restraints on children under the age of ________ , including, but not limited to, handcuffs, chains, shackles, irons or straitjackets, are prohibited in the courtroom.

(b) Exception. Permissible physical restraint consisting of handcuffs or foot cuffs that shall not be joined to each other may be used in the courtroom during a proceeding before the court only if the court determines on the record, after providing the child with an opportunity to be heard, why such restraint is the least restrictive alternative necessary to prevent:

(1) physical injury to the child or another person by the child;

(2) physically disruptive courtroom behavior by the child, as Evidenced by a recent history of behavior that presented a substantial risk of physical harm to the child or another person, where such behavior indicates a substantial likelihood of current physically disruptive courtroom behavior by the child; or

(3) flight from the courtroom by the child, as evidenced by a recent history of absconding from the court.

twenty-one

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244 An agreement between OCA and the legal aid society may be terminated upon notice ________ prior to termination

No designation of a panel of attorneys to act as attorneys for children shall be for more than ________ however successive designations may be made

SIXTY(60) DAYS……….. ONE(1) YEAR

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249 - In any proceeding under article ten-B of this act (Former Foster Care Youth Re-entry Proceedings), the family court shall appoint an attorney to represent a youth, under the age of _________, who is the subject of the proceeding, if independent legal representation is not available to such youth

A. 21
B. 20
C. 19
D. 18
C. 17
E. 18

A. 21

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* NB Expires September 1, 2023 252A The probation department is entitled to a fee for conducting an investigation in an amount of not less than ___________ nor more than _____________ from the parties based on their ability to pay. Such fee may be apportioned between the parties or even waived. This is unusual as Family Court proceedings are generally cost free.

FIFTY (50) DOLLARS………… FIVE HUNDRED (500) DOLLARS

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Aggravated circumstances:

or where a child has subsequently been found to be an abused child within ____________ after return home following placement in foster care as a result of being found to be a neglected child provided that the respondent or respondents in each of the foregoing proceedings was the same;

FIVE (5) YEARS

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Aggravated circumstances:

or where the court finds by clear and convincing evidence that the parent of a child in foster care has refused and has failed completely, over a period of at least __________ from the date of removal, to engage in services necessary to eliminate the risk of abuse or neglect if returned to the parent, and has failed to secure services on his or her own or otherwise adequately prepare for the return home and, after being informed by the court that such an admission could eliminate the requirement that the local department of social services provide reunification services to the parent, the parent has stated in court under oath that he or she intends to continue to refuse such necessary services and is unwilling to secure such services independently or otherwise prepare for the child’s return home; provided, however, that if the court finds that adequate justification exists for the failure to engage in or secure such services, including but not limited to a lack of child care, a lack of transportation, and an inability to attend services that conflict with the parent’s work schedule, such failure shall not constitute an aggravated circumstance;

SIX (6) MONTHS

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Aggravated circumstances:

or where a court has determined a CHILD ___________ was abandoned by a parent with an intent to wholly abandon such child and with the intent that the child be safe from physical injury and cared for in an appropriate manner

FIVE (5) DAYS OLD OR YOUNGER

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FCA 302.1 – JURISDICTION

With respect to a person over __________ and __________ , whenever a crime and a violation arise out of the same transaction or occurrence, a charge alleging both offenses shall be made returnable before the court having jurisdiction over the ________

Nothing herein provided shall be construed to prevent a court, having jurisdiction over a violation relating to a criminal act from lawfully entering a fact finding order where such order is not based upon the count or counts of the petition alleging such criminal act.
(MAYBE? BARD THINKS IT MEANS THIS: In other words, even if a court is hearing a case about a violation related to a criminal act, it can still issue an order that is not related to the criminal act, as long as the order is allowed under section 345.1 of the law. For example, a court could issue an order requiring a person to attend drug treatment, even if the person is not being charged with a drug crime.”

AIXTEEN (16) AND LESS THAN EIGHTEEN (18) YEARS OF AGE……….. CRIME.

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FCA 302.1 – JURISDICTION

Where a proceeding had been commenced in the youth part of a superior court for an act alleged to have been committed prior a person’s ____________ and then had been removed to family court, the ___________ shall exercise jurisdiction under this article, even if the respondent may be over the age of _________ prior to the proceeding having commenced in the family court.

EIGHTEENTH (18) BIRTHDAY…… family court …….. EIGHTEEN (18)

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FCA 302.2 - STATUTE OF LIMITATIONS

Basic Juvenile Delinquency proceeding

CPL 30.10 SOL or 18th birthday, whichever is earlier

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FCA 302.2 - STATUTE OF LIMITATIONS
Designated felony or is an act allegedly committed when the respondent was aged sixteen (16) years or older

CPL 30.10 SOL or 20th birthday, whichever is earlier

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FCA 302.2 - STATUTE OF LIMITATIONS

When a proceeding had been commenced in the youth part of a superior court for an act alleged to have been committed prior to his or her eighteenth (18) birthday and then had been removed to family court, a proceeding commenced for an act allegedly committed when the respondent was aged sixteen (16) years or older

CPL 30.10 SOL or 20th birthday, whichever is earlier

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FCA 302.3 VENUE

Any motion for removal of the proceeding to another county made by the respondent must be made within ____________

thirty (30) days of the initial appearance.

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FCA 302.3 VENUE
Any motion for removal of the proceeding to another county by the presentment agency must be made within _______________

Thirty (30) days of the origination of the action

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FCA 304.1 - DETENTION (KNOW THIS)

(NEW) The detention of a child under ____________ in a secure detention facility SHALL NOT be directed, unless such child is at least ____________ and is considered a juvenile delinquent

THIRTEEN (13) YEARS OF AGE……… TEN (10) YEARS OLD

(This new statute implies, as the old statute stated explicitly, that there shall be no secure detention of a child under TEN (10) YEARS OF AGE)

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FCA 305.1 - CUSTODY BY A PRIVATE PERSON

Before taking such a child under the AGE OF _______________ Into custody, a private person must inform the child of the cause thereof and require him to submit, except when he is taken into custody on pursuit immediately after the commission of a crime.

SIXTEEN (16)

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FCA 306.2. FINGERPRINTING – DUTIES OF DCJS*

Fingerprints Must be forwarded immediately to DCJS who will search its records for information concerning an adjudication or pending matter involving the person arrested. DCJS will promptly transmit its report and findings regarding the arrested person to the forwarding officer or agency.

UPON receipt of a report from DCJS, the recipient officer shall send __________ to the family court in which the proceeding is pending and __________ to the presentment agency (family court’s version of the DA).

The Presentment agency shall then provide a copy to counsel for the __________

TWO (2) COPIES ………. TWO (2) COPIES……… respondent.

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FCA 307.1 APPEARANCE TICKET.* If the respondent is alleged to have committed a designated felony act, the return date of the appearance ticket must be no more than ___________ after the issuance of the appearance ticket, excluding ________ . In all other situations the return date must be within____________ after issuance.

SEVENTY-TWO (72) HOURS....... Saturdays, Sundays and public holidays.......... FOURTEEN (14) DAYS

FCA 307.1 APPEARANCE TICKET.* A copy of the family court appearance ticket shall be forwarded by the issuing person or agency to the complainant, respondent, respondent's parent/PLR, and appropriate probation service within ___________ after its issuance.

TWENTY-FOUR (24) HOURS

FCA 307.2 - FAILURE TO APPEAR If the probation service has not secured the child’s attendance within ___________ the case MUST be referred to the Presentment Agency.

SEVEN (7) DAYS

FCA 307.3 PRE-PETITION DETENTION If a child is brought to a detention facility BEFORE a petition has been filed, the following procedures apply: (1) Detention Facility (MUST/MAY) release the child if: (a) the events occasioning the taking into custody do not appear to involve allegations that the child committed a delinquent act. (2) If the child has not been released under sub. (1) above, and it appears the child did commit a delinquent act, then the Detention Facility MAY release the child WHEN __________ (3) When practicable, in all other situations, if the child is so released, an ____________ must be issued. (3) If the child is NOT RELEASED, he/she (MUST/MAY) be brought before the Family Court and if the Family Court is not in session, the youth shall be brought to the most accessible magistrate, if any, designated by the appellate division of the supreme court in the applicable department. However, if a magistrate is not available, such youth shall be brought before such family court within __________ hours or _____________ , whichever is SOONER.

MUST....PRACTICABLE.......... APPEARANCE TICKET.......... MUST......... SEVENTY-TWO (72)........... the next day court is in session

307.4- PRE-PETITION HEARING* Such hearing will be held within __________ of the time the detention began or the next day the court is in session whichever is sooner

SEVENTY-TWO (72) HOURS

307.4- PRE-PETITION HEARING* Within ______________ of the conclusion of this "hearing following detention", a petition shall be filed and a probable cause hearing may be held if the respondent denies the charges (FCA 325.1). If the petition is not filed within the __________ the child shall be released ... (This is similar to CPL 170.70 Or 180.80)

FOUR (4) DAYS …......... FOUR (4) DAYS

FCA 308.1 Adjustment of cases* Efforts at adjustment pursuant to rules of court under this section may not extend for a period of more than ___________ without leave of the court which may extend the period for an additional ____________

THREE (3) MONTHS ….......... TWO (2) MONTHS

FCA 308.1 Adjustment of cases* If the case is not adjusted by the probation service, they must notify the Presentment Agency WITHIN _____________ , or ______________ , whichever occurs SOONER.

FORTY-EIGHT (48) HOURS.....the next court day

FCA 308.1 Adjustment of cases* If a __________ OR ___________ YEAR OLD RESPONDENT is found to have only committed a violation, it (MAY/SHALL) be referred to probation for adjustment unless good cause shown

SIXTEEN (16)............ SEVENTEEN (17)..... MAY

FCA 310.1 PRESENTMENT AGENCY If the appropriate agency does not originate a proceeding within __________ of receipt of notice from the probation service that a case was not adjusted, it shall notify in writing the _____________ of that fact.

THIRTY (30) DAYS …..... COMPLAINANT

FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS When an order of removal pursuant CPL 725 is filed with the clerk of the court: All minutes of any hearing inquiry or trial held in this action, the minutes of any grand jury proceeding and the minutes of any plea accepted and entered shall be transferred to the family court within _________________

THIRTY (30) DAYS.

FCA PART 311.3 - PETITION; FACT FINDING HEARING The court shall conduct a single or consolidated hearing when ____________ respondents are charged in separate petitions with the same crime, however a motion for separate hearing may be granted for good cause shown

TWO (2) OR MORE

FCA 311.3. PETITION; FACT-FINDING HEARINGS. When ____________ respondents are charged in separate petitions with the same crime or crimes the court shall conduct a single or consolidated fact-finding hearing. Upon motion and good cause shown, they (MAY/SHALL) be held separate If such petitions, in addition to charging the same crime or crimes against the different respondents, charge other crimes not common to all, the court may still conduct a single fact-finding hearing for the crime or crimes common to all.

TWO (2) OR MORE........ MAY

FCA PART 311.6 - JOINDER, SEVERANCE AND CONSOLIDATION* _________ acts are joinable and can be included in separate counts in same petition when: - Based on same act or criminal_____________ - Different transactions, but proof in one is _______________ to proving the other at fact Finding hearing, - Defined by same statutes and are same or similar ______________

TWO (2)............ material..........in law

FCA PART 311.6 - JOINDER, SEVERANCE AND CONSOLIDATION* When _________ or more petitions against the same respondent charge different crimes of a kind that are joinable in a single petition the court may, upon application of either the presentment agency or respondent order that such petitions be consolidated and treated as a single petition for trial purposes. If the respondent requests consolidation with respect to crimes which are of a kind that are joinable in a single petition by reason of being based upon the same act or criminal transaction, the court (MUST/MAY) order such consolidation unless good cause to the contrary be shown.

TWO (2).... Must

FCA PART 311.6 - JOINDER, SEVERANCE AND CONSOLIDATION* In any case where _________ or more crimes or groups of crimes charged in a petition are based upon different criminal transactions, and where their joinability rests solely upon the fact that such crimes, or as the case may be at least one offense of each group, are the same or similar in law, the court, in the interest of justice and for good cause shown, may upon application of either the respondent or the presentment agency order that any one of such crimes or groups of crimes be tried separately from the other or others, or that ____________ or more thereof be tried together but separately from _________ or more others thereof.

TWO (2) …........ TWO (2) …..... TWO (2) BARD EXPLANATION: It states that if a person is charged with two or more crimes that are based on different criminal transactions, and if the only reason that the crimes can be tried together is because they are the same or similar in law, then the court can order that the crimes be tried separately. This can be done at the request of either the respondent or the presentment agency}

FCA PART 312.1 Issuance and service of summons* Service of the summons and petition shall be made by delivery to the person summoned at least____________ before the time stated for appearance. If personal service cannot be made the court may make an order for service in any manner

TWENTY-FOUR (24) HOURS

FCA 312.2 Issuance of a warrant - Warrant reports - if the court issues a warrant based on the respondent’s failure to appear, the court MUST adjourn the case to a date certain within ________ for a report on the efforts to secure the respondent in court. EFFORTS (MUST/MAY) BE MADE TO HAVE THE WARRANT EXECUTED DURING THOSE ______________ The court must issue WRITTEN findings of fact as to the efforts to secure the respondents appearance. IF THERE ARE NO EFFORTS TO SECURE THE RESPONDENT, THAT (CAN/CANNOT) AFFECT THE PRESENTMENT AGENCY’S CASE

THIRTY (30) DAYS......... MUST.....THIRTY (30) DAYS.... CAN

FCA 312.2 Issuance of a warrant - A juvenile who is arrested pursuant to a warrant issued under this section must forthwith and with all reasonable speed be taken directly to the _________ located in the county in which the warrant had been issued, or, when __________ Is not in session, to the most accessible magistrate, if any, designated by the appellate division of the supreme court in the applicable department. If a juvenile is brought before an accessible magistrate, the magistrate shall set a date for the juvenile to appear in the family court in the county in which the warrant had been issued, which shall be no later than __________ if the magistrate orders the juvenile to be DETAINED and within ________ if the magistrate orders the juvenile to be released. In determining whether the juvenile should be released, with or without conditions, or detained, the magistrate shall issue the findings. The magistrate shall transmit its order to the family court forthwith.

family court …the family court ..... the NEXT DAY the court is in session …....... TEN (10) COURT DAYS

FCA PART 315.2 Motion to dismiss in furtherance of justice-* A motion to dismiss the petition in the furtherance of justice may be issued upon the motion of the presentment agency, the respondent or the court itself on a variety of different grounds. It must be in writing and filed any time after the filing of the petition. Notice of motion must be served on the opposing party not less than ___________ prior to the motion being heard, with answering affidavits filed within ___________ prior to the return date

EIGHT (8) DAYS........... TWO (2) DAYS 8-2 Days - Same as a motion in the CPLR

FCA PART 315.3- Adjournment in contemplation of dismissal Except for __________ , at any time prior to the conclusion of the fact finding hearing the court may with the consent of the respondent order that the proceeding be "adjourned in contemplation of dismissal" for a period not to exceed ____________ Such adjournment may specify conditions like the completion of an alcohol awareness program

designated felony acts........ SIX (6) MONTHS

FCA PART 315.3- Adjournment in contemplation of dismissal Upon motion by the presentment agency,or the court upon its own motion, the matter may be restored to the calendar. If after __________ , it is not restored to the calendar, the petition is deemed to be dismissed in the furtherance of justice

SIX (6) MONTHS

FCA PART 315.3- Adjournment in contemplation of dismissal (NEW) Where an order of fact-finding that includes solely a __________ committed by a juvenile ____________ OR ____________ there shall be a rebuttable presumption (i.e. this is going to happened unless there is a good argument not to) that the court shall adjourn the case in contemplation of dismissal, or refer the case to the probation service for adjustment, or dismiss the case.

Violation …........ SIXTEEN (16) YEARS OF AGE OR SEVENTEEN (17) YEARS OF AGE,

320.2 The initial appearance; timing; adjournment and appointment of counsel* If the respondent is detained the initial appearance shall be held no later than __________ after the petition is filed or the next day the court is in session whichever is sooner If the respondent is not detained, the initial appearance shall be held as soon as practicable and within _________ of the petition being filed The ____________ shall notify all counsel of the initial appearance date

SEVENTY TWO (72) HOURS......... TEN (10) DAYS …...... clerk of the court

320.2 The initial appearance; timing; adjournment and appointment of counsel* The initial appearance may be adjourned for no longer than __________ or until the next court day whichever is sooner for counsel to appear

SEVENTY-TWO (72) HOURS

320.5- The initial appearance; release or detention* Where an order of fact-finding that includes solely a violation committed by a juvenile __________ OR ____________ , there shall be a rebuttable presumption that -the court shall refer the case to the probation service for adjustment services, or -dismiss the case, or -adjourn the case in contemplation of dismissal.

SIXTEEN (16) YEARS OF AGE OR SEVENTEEN (17) YEARS OF AGE

322.1 Incapacitated person; examination reports ________ qualified psychiatric examiners shall be ordered for this purpose to determine if he or she may be diagnosed as a person with mental illness or an intellectual or developmental disability.

TWO (2)

322.1 Incapacitated person; examination reports Proceedings will be adjourned until the examination report has been filed with the court, which shall occur within ________ of the entry of the order. Upon a showing of special circumstances and a finding that a longer period is necessary to complete the examination and report, the court may extend the time for filing the examination report.

TEN (10) DAYS

§ 322.2. Proceedings to determine capacity. 1. Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person. The respondent, the counsel for the respondent, the presentment agency and the commissioner of mental health or the commissioner of developmental disabilities, as appropriate, shall be notified of such hearing at least ____________ prior to the hearing.

FIVE (5) DAYS

§ 322.2. Proceedings to determine capacity. Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person If after hearing, probable cause is found that the respondent committed a misdemeanor, then they will be committed to the custody of the commissioner not to exceed ____________ (NEW) Unless the court specifies that such commitment shall be in a residential facility, such commissioner having custody may arrange for treatment in an appropriate facility or program, including an outpatient program (KNOW THIS) The court shall dismiss the petition on the issuance of the order of commitment and such dismissal shall constitute a bar to further prosecution of the charge or charges contained in the petition.

NINETY (90) DAYS.

ONE (1) YEAR

SIXTY (60) DAYS

ONE (1) YEAR.

EIGHTEENTH (18) BIRTHDAY …........... SIXTEEN (16) YEARS OF AGE …........ TWENTY-FIRST (21) BIRTHDAY...... EIGHTEENTH (18) BIRTHDAY …........... SIXTEEN (16) YEARS OF AGE …........ TWENTY-FIRST (21) BIRTHDAY.

§ 322.2. Proceedings to determine capacity. Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person (c) If the court finds that there is probable cause to believe that the respondent has committed a designated felony act, the court shall require that treatment be provided in a residential facility within the appropriate office of the department of mental hygiene or in an outpatient facility if the commissioner having custody of the child petitions the court and such court approves. (d) The commissioner shall review the condition of the respondent within __________ after the respondent is committed to the custody of the commissioner. He or she shall make a second review within ________ after the respondent is committed to his or her custody. Thereafter, he or she shall review the condition of the respondent every ____________ . The respondent and the counsel for the respondent, shall be notified of any such review and afforded an opportunity to be heard. The commissioner having custody shall apply to the court for an order dismissing the petition whenever they determine that there is a substantial probability that the respondent will continue to be incapacitated for the foreseeable future. At the time of such application the commissioner must give written notice of the application to the respondent, the presentment agency and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such application, the court may on its own motion conduct a hearing to determine whether there is substantial probability that the respondent will continue to be incapacitated for the foreseeable future, and it must conduct such hearing if demanded by the respondent or the mental hygiene legal service within __________ from the date that notice of the application was given to them. The respondent may apply to the court for an order of dismissal on the same ground.

FORTY-FIVE (45) DAYS.... NINETY (90) DAYS........ NINETY (90) DAYS......... TEN (10) DAYS

§ 322.2. Proceedings to determine capacity. 7. If the commissioner having custody of a child committed to a residential facility due to probable cause to believe that the child committed a felony determines at any time that such child may be more appropriately treated in a non-residential facility or on an outpatient basis, he or she may arrange for such treatment. If the commissioner having custody of a child committed to a residential facility due to probable cause to believe that the child has committed a designated felony act determines at any time that such child may be more appropriately treated in a non-residential facility or on an outpatient basis, he or she may petition the family court for a hearing. If the court finds after a hearing that treatment in a non-residential facility or on an outpatient basis would be more appropriate for such child, the court shall modify its order of commitment to direct the commissioner to transfer the child to a non residential facility or arrange outpatient treatment. Application for a hearing to determine whether any child committed to a residential facility under subdivisions four or five of this section may be more appropriately treated in a non-residential facility or on an outpatient basis may be made by the respondent. 8.If the commissioner however feels the respondent is not incapacitated, he shall petition the court for a hearing. The respondent and the presentment agency shall be notified of a scheduled hearing within ____________ If the court finds after hearing the respondent is no longer incapacitated, he shall be returned to the family court for further proceedings A. 24 hours B. 48 hours C. 72 hours D. 3 days E. 5 days

A. 24 hours

325.1. The probable-cause hearing; time.* A probable cause hearing shall be scheduled if at the initial appearance the respondent denies the charges and it is determined he will be detained for more than __________ pending a fact finding hearing

THREE (3) DAYS

325.1. The probable-cause hearing; time.* *** The probable cause hearing shall be held within ________ following the initial appearance or within __________ following the filing of the petition whichever occurs sooner ***

THREE (3) DAYS......... FOUR (4) DAYS

325.2. The probable-cause hearing; order of proceeding.* The hearing should be completed in one session however if adjourned it may be for _____________

only ONE (1) COURT DAY

§ 330.1. Bill of particulars. Such refusal FOR A BILL OF PARTICULARS shall be made in a writing, which shall set forth the grounds of such belief as fully as possible, consistent with the reason for the refusal. Within __________ of the request or as soon thereafter as practicable, the refusal shall be served upon the respondent and a copy shall be filed with the court.

fifteen days

340.1. Time of fact-finding hearing.* The fact-finding hearing must commence within the time limitations set out in Sec. 340.1. The time for the hearing depends on whether the respondent is in detention or at liberty. If the respondent is "in detention" and the highest count in the petition charges a CLASS A, B OR C FELONY, the fact finding hearing shall commence not more than ___________________ after the conclusion of the initial appearance

FOURTEEN (14) DAYS

340.1. Time of fact-finding hearing.* The fact-finding hearing must commence within the time limitations set out in Sec. 340.1. The time for the hearing depends on whether the respondent is in detention or at liberty. If the respondent is "in detention" and the highest count in the petition charges less than a CLASS C FELONY,the fact finding hearing shall commence not more than ___________ after the conclusion of the initial appearance

THREE (3) DAYS

340.1. Time of fact-finding hearing.* The fact-finding hearing must commence within the time limitations set out in Sec. 340.1. The time for the hearing depends on whether the respondent is in detention or at liberty. If the respondent is "not in detention", the fact finding hearing shall commence not " more than ___________ after the conclusion of the initial appearance

SIXTY (60) DAYS

340.1. Time of fact-finding hearing.* The fact finding hearing may be adjourned on the court's own motion or on motion of the presentment agency for _________ if the respondent is in detention and for _________ if he is not in detention On motion of the respondent, the adjournment shall be not more than ___________, and on the court's own motion for not more than ________ FOR AN ACOD

THREE (3) DAYS.......... THIRTY (30) DAYS...... THIRTY (30) DAYS..... SIX (6) MONTHS

343.1. Rules of evidence; testimony given by children.* Any person may testify as a witness in a delinquency proceeding. Every witness more than _________ may testify ONLY under oath unless the court orders otherwise

NINE (9) YEARS OLD Hint:"Nein" in German means "NO"

343.1. Rules of evidence; testimony given by children.* Any person may testify as a witness in a delinquency proceeding A witness under _________ may NOT testify under oath unless the court is satisfied he understands the nature of the oath

NINE (9) YEARS OLD Hint:"Nein" in German means "NO"

347.1- Required testing of the respondent in certain proceedings- In any proceeding where the respondent is found to have committed a Sexual Felony Offense for which the act of oral, anal or general sexual intercourse, the court must upon request of the _____ order the respondent to submit to HIV related testing. Test results shall not be disclosed to the court, but shall be communicated to the ____________ AND ___________ Any such request made by the victim must be in writing and made within ___________ after the filing of the fact finding order

Victim …. respondent and the victim........ TEN (10) DAYS

350.1. Time of dispositional hearing. If the respondent is detained and has NOT been found to have committed a designated felony act, the dispositional hearing shall commence not more than ___________ after the entry of the fact finding order

TEN (10) DAYS

350.1. Time of dispositional hearing. In all cases which includes detained upon a designated felony act or not detained at all, the dispositional hearing shall commence not more than __________ from the entry of the fact finding order

FIFTY (50) DAYS

350.1. Time of dispositional hearing. The court may adjourn the dispositional hearing on its own motion or on motion of the presentment agency for up to _________ or on motion of the respondent for up to ___________

TEN (10) DAYS........ THIRTY (30) DAYS

350.2- Order of removal* The date of the filing of an order of removal from criminal court (CPL 725) shall be considered the __________ of the proceeding in family court. The clerk of the court (yes, you!) shall calendar an appearance to be held within ________ of the date of the order, at such appearance a dispositional hearing will be scheduled

date of filing …..... SEVEN (7) DAYS

350.3 Dispositional hearings; evidence and required quantum of proof - appearance of presentment agency The victim has the right to make a statement with regard to any matter relevant to the question of disposition. If the victim chooses to make a statement, they shall notify the court at least ____________ prior to the date of the dispositional hearing. The court shall notify the respondent at least __________ prior to the dispositional hearing of the victim's intent to make a statement. The victim shall not be made aware of the final disposition of the case.

TEN (10) DAYS........... SEVEN (7) DAYS

351.1 - PROBATION REPORTS (a) Probation Investigation - must include prior conduct of the respondent, the family situation, any previous psychological and psychiatric reports, school adjustment, previous social assistance provided by voluntary or public agencies and the response by the juvenile of such assistance. Additionally, the investigation must include a “victim impact statement” where such information might be relevant to the court. All reports and assessments shall be made available for inspection and copying by the presentment agency as well as the respondent at least ____________ prior to the commencement of the dispositional hearing

FIVE (5) COURT DAYS

353.1 Conditional discharge. The court may conditionally discharge the respondent for a period not to exceed: ____________ Upon issuance of the conditional discharge, the respondent will be released without probation supervision but subject to certain conditions A. Six months B. One year C. Two Years D. Three years

B. One year

353.1 Conditional discharge. The court can modify or enlarge the conditions at any time, and just like in the CPL, the respondent need not be present if such modification is a ______________of conditions, otherwise they must be present The respondent must be given a written copy of the conditions at the time a conditional discharge is ordered or modified, provided, however, that whenever the respondent has not been personally present at the time of a modification, the court shall notify the respondent in writing within __________ after such modification, specifying the nature of the elimination or relaxation of any condition and the effective date thereof.

relaxation ..... TWENTY (20) DAYS

353.2. Probation The court may order a period of probation, which shall not exceed __________ however the court may extend it if circumstances require for ____________

TWO (2) YEARS....... ONE (1) ADDITIONAL YEAR

353.2. Probation 3. When ordering a period of probation, the court may, as a condition of such order, further require that the respondent: (a) meet with a probation officer when directed to do so by that officer and permit the officer to visit the respondent at home or elsewhere; (b) permit the probation officer to obtain information from any person or agency from whom respondent is receiving or was directed to receive diagnosis, treatment or counseling; (c) permit the probation officer to obtain information from the respondent's school; (d) co-operate with the probation officer in seeking to obtain and in accepting employment, and supply records and reports of earnings to the officer when requested to do so; *(Know this) (e) obtain permission from the probation officer for any absence from respondent's residence in excess of__________ ; and (f) with the consent of the division for youth, spend a specified portion of the probation period, not exceeding___________ , in a non-secure facility provided by the division for youth pursuant to the executive law.

two (2) weeks........ ONE (1) YEAR

353.7 Placement in qualified residential treatment programs (NEW) When a child is in the care of the local social services district or the office of children and family services, and the district or office plans to place the child in a residential treatment program, they must tell the court, parties lawyers, and the child's lawyer within________ of the decision to change or the actual change, whichever is sooner. If the placement is anticipated on a future date, they must tell the court, parties’ lawyers, and the child's lawyer within __________ of the change. If the child was placed in a residential treatment program on or after September 29, 2021, the court must review the placement within _________ . The court will consider the child's needs, the appropriateness of the placement, and whether the placement is in the child's best interests. The court may approve or disapprove the placement.

one business day...one business day.... 60 days

353.7 Placement in qualified residential treatment programs (NEW) Court review - Within _______ of placing a respondent in a qualified residential treatment program, the court will review the placement. The court will consider the following: The assessment, determination, and documentation made by the qualified individual Whether the needs of the respondent can be met through placement in a foster family home Whether placement of the respondent in a qualified residential treatment program provides the most effective and appropriate level of care for the respondent in the least restrictive environment Whether that placement is consistent with the short-term and long-term goals for the respondent as specified in the respondent's permanency plan The court will approve or disapprove the placement

60 days

353.7 Placement in qualified residential treatment programs (NEW) The court may review the placement of a respondent in a qualified residential treatment program on its own motion, or the motion of any of the parties or the attorney for the respondent without a hearing but ONLY upon the consent of ___________ . In the event that the court conducts the court review requirement but does not conduct it in a hearing, the court shall issue a written order specifying any determinations made and provide such written order to the parties and the attorney for the respondent expeditiously, but no later than __________ Documentation of the court's determination pursuant to this section shall be recorded in the respondent's case record.

all parties …..... FIVE (5) DAYS.

353.7 Placement in qualified residential treatment programs (NEW) Nothing in this section shall prohibit the court's review of a placement in a qualified residential treatment program from occurring at the same time as another hearing scheduled for such respondent, including but not limited to the respondent's permanency hearing, provided such approval is completed within ____________ of the start of such placement.

SIXTY (60) DAYS

RETENTION OF FINGERPRINTS: 354.1 Adjudication of JD for Felony - Notification to DCJS of finding- In cases where the respondent was fingerprinted pursuant to 306.1, the court is required to notify DCJS of an adjudication that the respondent was found to have committed a felony (or when the respondent was only _____ years old, the notification must be sent only when the finding was for an A or B Felony).

TWELVE (12)

RETENTION OF FINGERPRINTS: 354.1 Adjudication for less than felony or dismissal - Notification to DCJS and heads of all police departments - Clerk of Court shall notify DCJS and the heads of all police department/law enforcement agencies having copies of the fingerprint records whenever the case has been dismissed against the child or the adjudication was for less then a felony (or less than a B Felony for a child _______ YEARS OLD of the arrest charge). DCJS shall destroy the records.

TWELVE (12)

RETENTION OF FINGERPRINTS: 354.1 If a person is fingerprinted under section 306.1 and is later adjudicated a juvenile delinquent for a felony, but was 12 years old at the time of the offense and the offense would constitute a class A or B felony, the person's fingerprints will be destroyed when they reach the age of ________ or have been discharged from placement under this act for at least ________ years and have no criminal convictions or pending criminal actions that ultimately terminate in a criminal conviction.

TWENTY-ONE (21)........ three

355.2 New hearing; staying, modifying or terminating an order - Motion procedures A motion for this relief above must be in writing. If the motion is denied, a motion requesting the same or similar relief cannot be filed for a period of _______ after such denial, unless the order of denial permits renewal at an earlier time.

Ninety (90) days

355.3- Extension of placement The commissioner of social services or the division for youth may petition the court for an extension of placement at least _______ prior to the expiration of the current period of placement. The court will hold a hearing and may extend such placement for a period not to exceed _______ . Temporary extensions may be made

SIXTY (60) DAYS.......... ONE (1) YEAR

355.3- Extension of placement *** ln the case of a respondent who has attained the age of _______ , the court must consider the services needed if any, to assist the child in making the transition from foster care to independent living***

Sixteen (16) Note this is similar to 355.5 PPH where the age is fourteen (14). They do this on purpose to drive you crazy. Hang in there, kitty.

355.4- Provisions for routine medical, dental and mental health services and treatment At the conclusion of the dispositional hearing where the respondent is placed, the court will seek the parent's consent for provisions to be made for routine medical, dental and mental health services and treatment Where the court places a youth with the division pursuant to this article and no medical consent has been obtained prior to an order of disposition, the placement order shall be deemed to grant consent for the division for youth to provide for routine medical, dental and mental health services and treatment to such youth so placed. At any time during placement or at an extension of placement hearing, a parent or legal guardian may make a motion objecting to such care. Such notice of motion shall be served on the youth, the presentment agency and the division not less than ______ prior to the return date of the motion. The persons on whom the notice of motion is served shall answer the motion not less than _________ before the return date.

SEVEN (7) DAYS......... TWO (2) DAYS

355.5- Permanency hearing The initial permanency hearing shall be held not less than ______ MONTHS after the respondent was placed with the commissioner of social services or with foster care ***A respondent is considered to have entered foster care ________ after being removed from his home*** Subsequent permanency hearings shall be held no later than every _________ MONTHS following the respondent's initial permanency hearing, but in no event past the respondent's _________ birthday; provided, however, that they shall be held in conjunction with an extension of placement hearing

TWELVE (12)...... SIXTY (60) DAYS....... TWELVE (12)....... twenty-first

355.5- Permanency hearing A petition for an initial or subsequent permanency hearing shall be filed by the office of children and family services or by the commissioner of social services no later than _________ prior to the end of the month in which the initial or subsequent permanency hearing must be held

SIXTY (60) DAYS

355.5- Permanency hearing At the permanency hearing the court will determine in its order 1. That reasonable efforts were made to return the respondent to his home or that reasonable efforts were made to have alternate placement 2. That if the respondent has reached the age of _________ (Eff. 4/4/16), the services needed, if any, to assist the respondent in the transition from foster care to successful adulthood

355.5- Permanency hearing The court (SHALL/MAY) consult with the respondent in an age-appropriate manner regarding the permanency plan. If the respondent is _______ years of age or older and 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, the court must ask the respondent about the desired permanency outcome.

SHALL... Sixteen (16)

(KNOW THIS) 375.1- Order upon termination of a delinquency action in favor of the respondent* Upon the termination of a delinquency proceeding against a respondent in favor of such respondent, unless the presentment agency or the court on its own motion with not less than ___________ notice to such respondent demonstrates that the interests of justice require otherwise then the records of such action or proceeding shall be sealed The clerk of the court shall immediately notify the "attorney for the child", counsel, presentment agency, heads of the probation department and law enforcement that the proceeding has terminated in favor of the respondent

EIGHT (8) DAYS

375.2- Motion to seal after a finding A motion can be made to seal the appropriate records in an action that has resulted in a finding of delinquency other than a finding that the respondent committed a designated felony act Such motion must be in writing upon _____________ notice to the presentment agency whose answering affidavits shall be served not less ____________ before motion is returnable

EIGHT (8) DAYS …....TWO (2) DAYS This is similar to 8-2-0 (time for a motion in CPLR)

375.2- Motion to seal after a finding ***Such a motion cannot be filed until the respondent's __________ BIRTHDAY****

EIGHTEENTH (18)

353.3- PLACEMENT When the respondent is placed with the office of children and family services, the court shall authorize the office to do one of the following: 1. Place the respondent in a __________ facility without further hearing at any time or from time to time in the first _______ of residency in the office of children and family service facilities. In the event that the office desires to transfer a respondent to a secure facility at any time after the first _________ of residency in office facilities, a hearing shall be held

secure.......... SIXTY(60) DAYS.......... SIXTY(60) DAYS..........

353.3- PLACEMENT When the respondent is placed with the office of children and family services, the court shall authorize the office to do one of the following: 2. Place the respondent in a ___________ secure facility. The respondent can be transferred to a secure facility if necessary but not until the passage of ____________ , unless he commits acts which are exceptionally dangerous

limited............ TWENTY (20) DAYS

353.3- PLACEMENT If the respondent committed a felony the initial period of placement shall not exceed __________

EIGHTEEN (18) MONTHS

353.3- PLACEMENT If the respondent committed a misdemeanor the initial period of placement shall not exceed _________

TWELVE (12) MONTHS

353.3- PLACEMENT The place in which or the person with whom the respondent has been placed under this section shall submit a report to the court, respondent's attorney of record, and presentment agency at the conclusion of the placement. Where the respondent is placed and the agency is not seeking an extension of placement, such report shall be submitted not later than __________ prior to the conclusion of placement Where the respondent is placed and the agency is seeking an extension of placement, and a permanency hearing, such report shall be submitted not later than _________ prior to the date upon which the permanency hearing must be held The report shall contain a plan for after release or conditional release as well as educational plans.

THIRTY (30) DAYS........ SIXTY (60) DAYS

353.3- PLACEMENT The placement can be extended for an additional_______ period.

one-year

353.3- PLACEMENT In its discretion, the court may recommend restitution or require services for the public good pursuant in conjunction with an order of placement. {If the court places a respondent with the office of children and family services pursuant to this section after finding that such child committed a felony, the court may, in its discretion, further order that such respondent shall be confined in a residential facility for a minimum period set by the order, not to exceed __________ .}

SIX (6) months

353.3- PLACEMENT A respondent CANNOT be placed in a ________________ FACILITY as a result of an order of placement with the commissioner of the local social services district under this section, however the court can order a respondent to be detained in a detention facility for up to __________ while they are being transferred to a placement authorized and ordered or, in a city of one million or more, for up to _________ while they are being transferred to a placement authorized and ordered

DETENTION ............... THIRTY (30) DAYS....... FIFTEEN (15) DAYS

§ 353.4. Transfer of certain juvenile delinquents* . If at the conclusion of the dispositional hearing, the court determines The juvenile has a mental illness or intellectual or developmental disability and will likely result in serious harm to the juvenile or others, the court may issue an order placing such respondent with the office of children and family services or, with the consent of the local commissioner, with a local commissioner of social services. If the juvenile meets the conditions for transfer, the court will order the juvenile to be transferred, within _________ , to the custody of the Commissioner of Mental Health or the Commissioner of Developmental Disabilities. The juvenile may be retained for up to _________

thirty days......... one year

§ 353.4. Transfer of certain juvenile delinquents* If at the conclusion of the dispositional hearing, the court determines The juvenile has a mental illness or intellectual or developmental disability and will likely result in serious harm to the juvenile or others, the court may issue an order placing such respondent with the office of children and family services or, with the consent of the local commissioner, with a local commissioner of social services. After ________ the juvenile will be transferred back to the Office of Children and Family Services or the local commissioner of social services Within _______ of such transfer back, application shall be made by the facility court to conduct a further dispositional hearing, except that the period of any further order of disposition shall take into account the period of placement already served.

one year......... thirty days

§ 353.4. Transfer of certain juvenile delinquents* If at the conclusion of the dispositional hearing, the court determines The juvenile has a mental illness or intellectual or developmental disability and will likely result in serious harm to the juvenile or others, the court may issue an order placing such respondent with the office of children and family services or, with the consent of the local commissioner, with a local commissioner of social services. Where the order of disposition is for a restrictive placement, the court may, as part of the order of disposition, direct the temporary transfer, within _________ , for a period of up to ________ of the respondent to the custody of the commissioner of mental health or of developmental disabilities

thirty days.......... one year

§ 353.4. Transfer of certain juvenile delinquents* At any time prior to the expiration of such period, if the facility determines that the child is no longer mentally ill or no longer in need of active treatment, facility shall make application to the family court for an order transferring the child back to the office of children and family services. Not more than ____________ before the expiration of such period, there shall be a hearing, at which time the court may: (i) extend the temporary transfer of the respondent for an additional period of up to ____ __________ ; or (ii) continue the restrictive placement of the respondent in the custody of the office of children and family services.

thirty days............. one year

§ 353.4. Transfer of certain juvenile delinquents* No order of disposition placing the respondent in shall be entered except upon clear and convincing evidence which shall include the testimony of ____ examining physicians

two

353.5. Designated felony acts; restrictive placement. Where the respondent is found to have committed a designated felony act, the order of disposition shall be made within _____________ of the conclusion of the dispositional hearing and shall include a finding based on a preponderance of the evidence whether the defendant is in need of restrictive placement

TWENTY (20) DAYS

353.5. Designated felony acts; restrictive placement. The court shall order restrictive placement in any case where the respondent inflicted serious injury during the commission of a designated felony act upon a person who is _________ years of age or more A. Sixty B. Sixty-two C. Sixty-three D. Sixty-four

B. Sixty-two

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED CLASS A FELONY ACT: When the order for restrictive placement is for a youth found to have committed a designated class A felony act, the respondent shall be placed for initial period of ________ The youth will be placed in a secure facility for at least ______ but not more than __________.

FIVE (5) YEARS...... twelve (12) months.... eighteen(18) months

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED CLASS A FELONY ACT: During the first ___________ months of the youth's placement, no motion, hearing, or order may be made, held, or granted for a new hearing, staying, modifying, or terminating an order except for a motion to vacate the order may be made pursuant to CPL 440.10 "Motion to vacate judgment".

TWELVE (12)

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED CLASS A FELONY ACT: Residential placement After the 12-to 18-month period, the youth will be placed in a residential facility for __________

TWELVE (12) MONTHS

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED CLASS A FELONY ACT: Discharge The youth will not be discharged from the custody of the division for youth until at least __________ years after the initial placement. The youth may be discharged after ________ years if a motion under section 355.1 "New hearing; staying, modifying or terminating an order" is granted by the court.

THREE (3)...... THREE (3)

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED CLASS A FELONY ACT: Upon the expiration of the initial period of placement, or any extension thereof, the placement may be extended for an additional period not to exceed___________ , but no initial placement or extension of placement under this section may continue beyond the respondent's __________ BIRTHDAY, or, for an act that was committed when the respondent was SIXTEEN (16) YEARS of age or older, the respondent's _____________ .*

TWELVE (12) MONTHS.......... TWENTY-FIRST (21)........... TWENTY-THIRD (23) BIRTHDAY

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A: When the order for restrictive placement is for a youth found to have committed a designated felony act, other than a class A felony act, the respondent shall be placed for initial Period of __________

THREE (3) YEARS

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A: The respondent shall be placed in a secure facility for at least ________ but not more than ________ .

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

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A: The respondent may not be released from placement during the first ________ period for any motion, hearing or order pursuant to section 355.1 except for a motion to vacate the order made pursuant to CPL 440.10 "Motion to vacate judgment"

six (6) month

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A: After the period of SECURE PLACEMENT, the respondent shall be placed in a residential facility for a period set by the order, to be not less than ______ nor more than _________ months. After the expiration of the ________ to _______ MONTHS in a residential facility following secure placement, the respondent shall not be released from a residential facility without the written approval of the director of the division for youth or his designated deputy director.

SIX (6).... TWELVE (12).......... SIX (6)....... TWELVE (12)

353.5. Designated felony acts; restrictive placement. Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A: Upon the expiration of the initial period of placement, or any extension, the placement may be extended for an additional period not to exceed _________ No placement under this section may continue beyond the respondent's __________ birthday.

12 months.... TWENTY-FIRST (21) BIRTHDAY

353.5. Designated felony acts; restrictive placement. For designated class A and less than class A Designated felonies The division shall report in writing to the court not less than once every __________ during the placement on the status, adjustment and progress of the respondent.

6 months

353.5. Designated felony acts; restrictive placement. Home Visits For all designated felonies, no home visits shall be permitted during the period of secure confinement set by the court order or _________ , whichever is less, except for emergency visits for medical treatment or severe illness or death in the family.

one (1) year

353.5. Designated felony acts; restrictive placement. Home visits For all designated felonies, all home visits must be accompanied home visits: (A) while a youth is confined in a secure facility, whether such confinement is pursuant to a court order or otherwise; (B) while a youth is confined in a residential facility other than a secure facility within _________ after confinement in a secure facility; and (C) while a youth is confined in a residential facility other than a secure facility in excess of __________ after confinement in a secure facility unless __________ accompanied home visits have already occurred.

SIX (6) MONTHS.....SIX (6) MONTHS..... TWO (2)

418- GENETIC MARKER AND DNA TESTS If the DNA report indicates a ______________ probability of paternity, then a rebuttable presumption of paternity shall be established.

NINETY-FIVE PERCENT (95%)

424A- COMPULSORY FINANCIAL DISCLOSURE A sworn statement (FINANCIAL DISCLOSURE AFFIDAVIT) of net worth shall be filed with the clerk on a date to be fixed by the court but in no event later than _________ after the return date of the petition

TEN (10) DAYS

427-SERVICE Personal service of the summons and petition may be made by delivery to the person summoned at least __________ before the time stated for appearance or by delivery to a person of suitable age and discretion at the respondent's place of business or dwelling AND mailing to the last known address at least __________ before the time stated for appearance

EIGHT (8) DAYS …. EIGHT (8) DAYS

427-SERVICE Service can also be made by mail alone at least __________ before the time stated for appearance, regardless if attempted by the first two methods mentioned above. lf service is by mail alone, the court will only enter an order of default for support upon proof the respondent actually received the notice (certified mail and signed for)

EIGHT (8) DAYS

427-SERVICE The respondent has _________ from the entry of a default order to make a motion for relief from such order.

ONE (1) YEAR

428- WARRANTS ***A certificate of warrant expires ___________ from the date of issue but may be renewed from time to time by the clerk of the court***

NINETY (90) DAYS

412 - SPOUSAL SUPPORT: "income cap" shall mean up to and including ________________ of the payor's annual income; provided, however, beginning March first, two thousand twenty and every two years thereafter, the income cap amount shall increase by the sum of the average annual percentage changes in the consumer price index for all urban consumers for the prior two years multiplied by the then income cap and then rounded to the nearest one thousand dollars. The office of court administration shall determine and publish the income cap.

one hundred eighty-four thousand dollars

413- CHILD SUPPORT: The parents of a child under the age of __________ YEARS of age are chargeable with the support of such child, unless the children are “emancipated” earlier, in fair and reasonable sum as the court may determine. Parents cannot be ordered to pay child support beyond the child’s ________ birthday.

TWENTY ONE (21) …..... 21st

413- CHILD SUPPORT: What are the child support percentages?

413- CHILD SUPPORT: **The child support percentage shall mean**: 17% of the combined parental income for one child +8 25% of the combined parental income for two children +4 29% of the combined parental income for three children +2 31% of the combined parental income for four children +4 No less than 35% of the combined parental income for five or more children

413- CHILD SUPPORT: The "Self- support reserve" shall mean ______ of the poverty income guidelines for a single person. On MARCH 1, of each year the self-support reserve shall be revised to reflect the annual updating of poverty income guidelines:

135.00%

413- CHILD SUPPORT: Non-custodial parents income below the poverty income guidelines: Where the annual amount of the basic child support obligation would reduce the noncustodial parents income below the poverty income guidelines for a single person the basic child support obligation shall be __________ DOLLARS PER MONTH. For such a person, unpaid child support arrears in excess of ________ dollars shall not accrue

TWENTY-FIVE (25.00) … 500.00

413- CHILD SUPPORT: Available- Health Insurance Benefits are available when: The cost of the insurance is reasonable Reasonable in cost- if the cost does not exceed ______ of combined parent income

5.00%

413- CHILD SUPPORT: Health insurance benefits are considered "reasonably accessible" if the child lives within the area covered by the health plan, which should be within _______ minutes or ________ miles to the health services provided.

30... 30

413- CHILD SUPPORT: CASH MEDICAL SUPPORT - The court shall determine the party's obligation to provide health insurance benefits and to pay "cash medical support" which means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by a parent through an employer or organization, including such employers or organizations which are self insured, or through other available health insurance or health care coverage plans, and/or for other health care expenses not covered by insurance. This amount shall be no more than ____ of the gross income or the difference between the non custodial parents income and the Self Support Reserve, whichever is less

5.00%

§ 413-B. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS. 1.Notwithstanding any other law, a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of ____________ , when it shall appear to the satisfaction of the court that: - the person is developmentally disabled, - resides with the person seeking such support, and - is principally dependent on such person for maintenance.

twenty-six

§ 413-B. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS. In addition the court may consider whether the financial responsibility of caring for the individual has been unreasonably placed on one parent when determining the child support obligation. The duration of time the court may use when considering this factor shall be limited to the time period from when the child turned _________ until the individual turns ________ If a child support order ended at the age of ________ then such time period shall be from when the child turned _________ until the individual turns __________

Twenty-one (21) ….... twenty-six.... eighteen …....... eighteen (18) …....... twenty-six (26).

416- ELEMENTS OF SUPPORT; PROVISIONS FOR ACCIDENT, LIFE AND HEALTH INSURANCE BENEFITS. Health insurance benefits are considered "reasonably accessible" if the child lives within the area covered by the health plan, which should be within ______ minutes or ________ miles to the health services provided

30 …....... 30

433- HEARING. TELEPHONE OR VIDEO TESTIMONY The Family Court Uniform Rules have added a provision which sets out a procedure for telephonic hearings. Rule 205.44 The parties must submit an application to appear by telephone/video at least _________ before The party requesting to appear by telephone/video must submit all financial disclosure _______ of hearing

three (3) days......in advance

437 - PRESUMPTION OF SUFFICIENT MEANS. A respondent is presumed to be able to support his or her spouse and children under the age of ___________

TWENTY-ONE (21)

439 POWERS OF MAGISTRATES (MAY CHANGE 08/2023) Objections Specific written objections to a final order of a support magistrate may be filed by either party within __________ after receipt of the order in court or_________ after the mailing of the order. The party objecting must also serve a copy of their objections on their opposing party who shall have __________ to serve and file a written rebuttal to such objections

THIRTY (30) DAYS....... Five (35) DAYS....... THIRTEEN (13) DAYS

439 POWERS OF MAGISTRATES (MAY CHANGE 08/2023) Objections A judge must rule within _________ of the rebuttal being filed or the time to file a rebuttal expiring (time when it could have been filed) and shall do one of the following: 1. Remand one or more issues of fact to the support magistrate 2. Make with or without holding a hearing, his or her own findings 3. Deny the objections

FIFTEEN (15) DAYS ***Write it as a timeline: (30 or 35) - 13 -15***

The chief administrator of the courts shall promulgate rules for the selection, appointment and compensation of support magistrates (YES, IT IS THE CHIEF ADMINISTRATOR, SO THE CPLR SAYS) ***Support magistrates shall be attorneys admitted to practice law at least _________ , they shall be appointed for a term of __________ and may be reappointed for subsequent terms of ___________ **

three years... three years..... three years.... five years*

440 Order of support. If there is an acknowledgment of PARENTAGE (paternity), the court must ask the parties if it has been duly filed, and, if not, the clerk must file it within _________ days.

FIVE (5)

440 Order of support. All support orders must include _______ point bold type informing the respondent that willful failure to obey the order may after court hearing result in commitment to jail for a term not to exceed ________ for contempt of court and that they have a right to seek a modification of the child support order upon a showing of: 1. A substantial change in circumstances; or 2. _________ have passed since the order has been entered or last modified; or 3. There has been a change in either party's gross income by _________ or more since the order has been entered or last modified

Eight (8) ....... SIX (6) MONTHS......... Three years......15%

413 - ONE-TIME ADJUSTMENT OF CHILD SUPPORT ORDERS ISSUED PRIOR TO SEPTEMBER 15, 1989. A hearing on the adjustment of such order shall be granted upon the objection of either party. An order shall be adjusted if as of the date of the support collections review, the correct amount of child support would deviate by at least _______ from the child support ordered in the last permanent order

TEN (10) %

413 - ONE-TIME ADJUSTMENT OF CHILD SUPPORT ORDERS ISSUED PRIOR TO SEPTEMBER 15, 1989. Any party shall have ________ from the date of mailing to file written objections to an adjusted support order. The party filing the objection shall have the burden of proof by a preponderance of the evidence at a hearing which shall be scheduled

THIRTY-FIVE (35) DAYS

413 - ONE-TIME ADJUSTMENT OF CHILD SUPPORT ORDERS ISSUED PRIOR TO SEPTEMBER 15, 1989. lf the court receives no specific written objections to the support order within _______ of the mailing of the proposed order, the clerk of the court shall immediately issue the order without any further review and shall immediately transmit copies of the order of support to the parties and to the support collection unit

THIRTY-FIVE (35) DAYS

413 - ONE-TIME ADJUSTMENT OF CHILD SUPPORT ORDERS ISSUED PRIOR TO SEPTEMBER 15, 1989. A motion to vacate an order of support adjusted pursuant to this section may be made no later than _______ after an adjusted support order is executed by the court where no specific written objections to the proposed order have been timely received by the court.

FORTY-FIVE (45) DAYS

413-A REVIEW AND COST OF LIVING ADJUSTMENT OF CHILD SUPPORT ORDERS A COLA (cost of living adjustment) shall be made by the support collection unit if the sum of the annual average changes of the CPI-U (consumer price index for urban consumers) is _________ OR GREATER

TEN PERCENT (10%)

413-A REVIEW AND COST OF LIVING ADJUSTMENT OF CHILD SUPPORT ORDERS Objections to a COLA must be made within ________ from the date of mailing of the adjusted order. The court shall conduct a hearing and make its determination no later than __________ from the date it receives the objection

THIRTY-FIVE (35) DAYS...... FORTY-FIVE (45) DAYS

413-A REVIEW AND COST OF LIVING ADJUSTMENT OF CHILD SUPPORT ORDERS (FROM SOS 111-n) Any cost of living adjustment resulting from a review shall be effective _______ following the date of the adjusted order, or _______ after the date of the order under review, whichever is later.

sixty (60) days..... twenty-four months

413-A REVIEW AND COST OF LIVING ADJUSTMENT OF CHILD SUPPORT ORDERS No order shall be adjusted or reviewed for a COLA earlier than ______ since its issuance or last adjustment or modification

TWENTY-FOUR (24) MONTHS

451- CONTINUING JURISDICTION A proceeding to modify an order of support shall be commenced by the filing of a petition, based on the following grounds: 1. A substantial change in circumstances **NEW NEW NEW* PROVISION Incarceration shall NOT be considered voluntary unemployment and shall not be a bar to finding a substantial change in circumstances provided such incarceration is not the result of non-payment of a child support order, or an offense against the custodial parent or child who is the subject of the order or judgment. 2. _____ have passed since the last order was made, modified or adjusted 3.There has been a change in either party's gross income by _____ or more. A reduction in income shall not be considered as a ground for modification unless it was involuntary and the party has made diligent attempts to secure employment, commensurate with his or her education, ability, and experience

Three (3) years.....15%

453- PETITION; VIOLATION OF COURT ORDER. *KNOW THIS* A summons will be issued upon the filing of such a violation petition. lt is served in the same manner as a first summons for support and will include language that a respondent's failure to appear in court can result in arrest and a finding of willful failure to comply with previous order can result in a commitment to jail for a term not to exceed _________ and that they have a right to counsel The court can issue a warrant directing the respondent be arrested and be brought before the court

SIX (6) MONTHS

454 - POWERS OF THE COURT ON VIOLATION OF A SUPPORT ORDER ln addition or in lieu of the above remedies the court may also: 1. Commit the respondent to jail for up to _______ 2. Require the respondent to participate in a rehabilitation program 3. Place the respondent on probation in accordance with the CPL

six months

454 - POWERS OF THE COURT ON VIOLATION OF A SUPPORT ORDER (SET TO EXPIRE 08/2023) support collection unit's denial of a challenge The support obligor may file objections to the denial within ______ of the mailing of the denial.

35 DAYS

454 - POWERS OF THE COURT ON VIOLATION OF A SUPPORT ORDER (SET TO EXPIRE 08/2023) support collection unit's denial of a challenge Within 10 DAYS of the obligor filing his objections, the support collection unit may file a rebuttal, and the court within _______ after the rebuttal is filed shall either: 1. Deny the objections and send it back to the support collection unit 2. Affirm the objections and direct that the DMV not be notified to suspend the obligors driving privileges

45 DAYS TIMELINE 35-10-45

458a, b and c- lf the respondent has accumulated arrears for a period of _______ or more, the court may order the suspension of driving privileges, state licenses, occupational licenses and recreational licenses This does not apply to respondents who are on_____ or ________ or whose income is below the ______ or as a result of the order will fall below the self support reserve

FOUR (4) MONTHS .... public assistance, SSI .... self support reserve

459- ADDITIONAL ARREARS. A party may amend an enforcement petition to include any additional arrears which may have accrued as long as written notice of the intent to amend is on _____ DAYS notice

EIGHT (8)

477- Undertaking for support and cash deposits Such undertaking shall be for a definite period not to exceed _________ and the amount of the principal of the undertaking shall not exceed _________ worth of payments according to the order of support

THREE (3) YEARS ….... THREE (3) YEARS

516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY). An acknowledgment may be rescinded by either signator's filing of a petition with the court to vacate the acknowledgment within the earlier of _______ of the date of the signing of the acknowledgment or the date of a proceeding brought before the court, (such as support) involving the child in which the signator is a party

SIXTY (60) DAYS

516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY). Where a signatory to an acknowledgment of parentage is not yet eighteen at the time of signing, the signatory may seek to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment anytime: - up to __________ after the signatory's attaining the age of ________ or - _________ after the date on which the respondent is required to answer a petition (including, but not limited to, a petition to establish a support order) relating to the child whichever is _________; - the signatory must have been advised at such proceeding of their right to file a petition to vacate the acknowledgment within sixty days of the date of such proceeding.

sixty days …........ eighteen years....... sixty days ........... earlier

517- Time for instituting proceedings. Proceedings to establish paternity may be instituted during the pregnancy or after the birth of the child, but only until the child reaches _________ unless the father acknowledges paternity or furnishes support

TWENTY ONE (21) YEARS

525. Service of summons. Personal service of the summons and petition shall be made by delivery to the person summoned at least ________ before the time stated for appearance, or by delivery to a person of _______________ at the actual place of business or dwelling AND by mailing a copy to the person served at their last known address at least _________ before the time stated for appearance

suitable age and discretion.............. EIGHT (8) DAYS ….. EIGHT (8) DAYS

525. Service of summons. Regardless if either method above is used, service may be made by mail alone at least ______ before the time stated for appearance however a default order of filiation may only be made upon proof of mail being certified and signed for by the respondent The respondent shall have the right to make a motion for relief from such default order within ________ from the date such order was entered

EIGHT (8) DAYS..... one year

532- Genetic marker and DNA tests; The court on its own motion or on the motion of any party when paternity is contested, shall order the mother, the child and the alleged father to submit to one or more genetic marker or DNA tests. No test shall be ordered however upon a written finding that it is not in the best interests of the child. If the report indicates a ____________ probability of paternity, then a rebuttable presumption of paternity shall be established

NINETY-FIVE PERCENT (95%)

545- Order of support by parents. In a proceeding in which the court has made an order of filiation,the court shall direct the parents to provide support for the child for general purposes and education until the child is of the age of _______

twenty one

580-102 Definitions. *Home State- means the state where the child lived with a parent or person acting as a parent for at least ___________ immediately preceding the time of filing of the petition, or the state where a child less than ___________ old has been living since birth

SIX (6) CONSECUTIVE MONTHS........... six months

580-207 Determination of controlling child support order *Within _____________ after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of the order with each tribunal that issued or registered an earlier order of child support

THIRTY (30) DAYS

580-304 Duties of initiating tribunal *Upon the filing of a petition, an initiating tribunal of this state shall forward __________ of the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency

THREE (3) COPIES TRI = 3

580-307 Duties of support enforcement agency *A support enforcement agency of this state shall upon request provide services to a petitioner including: 1. Take steps to enable an appropriate tribunal to obtain jurisdiction over the respondent 2. Request the tribunal to set a date, place and time for a hearing 3. Obtain all relevant information as to income and property of the parties *4. Within ___________ exclusive of Saturdays, Sundays and legal holidays notify petitioner of notice received from any tribunal *5. Within ___________ exclusive of Saturdays, Sundays and legal holidays send a copy of any communication from respondent to the petitioner 6. Notify petitioner if jurisdiction of respondent cannot be obtained

TEN (10) DAYS...... TEN (10) DAYS

580-602 Procedure to register order for enforcement A support order or income withholding order from another state is registered here by sending the following documents to the tribunal here: 1. A letter of transmittal sent here requesting registration and enforcement *2. ____________ including __________ certified of all orders to be registered 3. A sworn statement by the party seeking registration 4. The name, address and social security number of the obligor 5. The name and address of the obligors employer 6. A description and location of obligor’s property not exempt from execution 7. The name and address of the obligee and where payments are to be Sent

TWO (2) COPIES......... ONE (1)

580-605 Notice of registration of order *The registering tribunal when registering an out of state order shall notify the non registering party by sending a copy of the order and a notice stating: 1. That a registered order has the same effect as an order issued here *2. That a hearing to contest the validity must be requested within ____________ 3. That failure to contest the validity will result in confirmation of the order 4. The amount of any alleged arrears

TWENTY (20) DAYS

580-606 Procedure to contest validity or enforcement of registered support order *A non registering party seeking to contest the validity of a registered order in this state, shall request a hearing within ____________ after notice of the registration. The registering tribunal will notify the parties of the date, time and place for a hearing on the matter

TWENTY (20) DAYS

580-614 Notice to issuing tribunal of modification Within ____________ after the issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal who had continuing, exclusive jurisdiction over the earlier order. Failure to file does not affect the validity of the order

THIRTY (30) DAYS

580-707 Contest of registered Convention support order *A party contesting a registered Convention support order shall file a contest not later than _____________ after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than ______________ after notice of the registration

THIRTY(30)DAYS......... SIXTY(60)DAYS

580-802 Conditions of rendition Before making a demand that the governor of another state surrender a individual criminally liable for failure to pay support, the governor of this state may require a prosecutor of this state to demonstrate that at least ________ ago the obligee initiated proceedings for support or that the proceedings would be of no avail

Sixty (60) days

580-902 thru 903 Severability - Effective date This section became effective _________

01/01/16

614. Originating proceeding for the commitment of the guardianship and custody of a permanently neglected child. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT) A proceeding for the commitment of the guardianship and custody of a child on the ground of permanent neglect is originated by a petition alleging that: 1. The child is under ____________ OF AGE 2. The child is in the care of an authorized agency 3. The authorized agency has made diligent efforts to encourage and strengthen the parental relationship 4. the parent or custodian, notwithstanding the agency's efforts, has failed for a period of either at least _______ or __________ out of the most recent ___________ MONTHS following the date such child came into the care of an authorized agency substantially and continuously or repeatedly to maintain contact with or plan for the future of the child, although physically and financially able to do so. 5. The best interests of the child require the child be committed to an authorized agency or to a foster parent

EIGHTEEN (18) YEARS ….. ONE (1) YEAR....... FIFTEEN (15)..... TWENTY-TWO (22)

§ 617. Service of summons. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT) Service of the summons and petition shall be made to the person summoned at least _________ before the time stated therein for appearance. If after reasonable effort personal service is not made, substituted service or service by publication may be ordered by the judge

TWENTY (20) DAYS

§ 617. Service of summons. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT) Service by publication is in accordance with CPLR 316 however that _________ publication of the summons in ________ newspaper shall be sufficient The whole petition (SHALL/SHALL NOT) be published. The respondent will be given the petition at the first court appearance The notice to be published with the summons shall state: 1. The date, time, place and purpose of the proceeding 2. That upon failure to appear all of his or her parental rights of the child may be terminated 3.That his or her failure to appear shall constitute a denial of his or her interest in the child, which may result in the transfer or commitment of the child's care

A single ….. only one .. SHALL NOT

§ 631. Disposition on adjudication of permanent neglect- (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT) At the conclusion of the dispositional hearing, the court shall enter an order of disposition: 1. _________ the petition, or 2. __________ judgment, or 3. Committing the guardianship and custody of the child, however that such an order may not be entered after the child's __________ unless the child consents An order of disposition shall be made solely on the basis of the best interests of the child

Dismissing......... Suspending …....EIGHTEENTH BIRTHDAY

§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT) The maximum duration of a suspended judgment is __________ unless the court finds exceptional circumstances warrant an additional period of ___________

ONE (1) YEAR.... ONE (1) YEAR

§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT) Not later than __________ prior to the expiration of the suspended judgment the court will review the suspended judgment Not later than ____________ prior to the expiration of a suspended judgment, the petitioner shall file a report with the family court and all parties including the respondent, regarding the respondent's compliance with the terms of the suspended judgment

THIRTY (30) DAYS....... SIXTY (60) DAYS

§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT) If, prior to the expiration of the period of the suspended judgment, a motion or order to show cause is filed that alleges a violation of the terms and conditions of the suspended judgment, or that seeks to extend the period of the suspended judgment for an additional period of up to ________ then the period of the suspended judgment is _________ until entry of the order that disposes of the motion or order to show cause.

one year...... tolled

§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT) Upon finding that the respondent has violated the terms and conditions of the order of suspended judgment, the court may enter an order revoking the order of suspended judgment and terminating the parental rights of the respondent or where such extension is in the best interests of the child, extend the period of suspended judgment for an additional period of up to _________ if no prior extension has been granted

one year

{§ 633. Suspended judgment. (PERMANENT TERMINATION OF PARENTAL CUSTODY BY NEGLECT) If an order of suspended judgment has been satisfied or extended, but the child remains in foster care, a permanency hearing must be held within ___________ of the last permanency hearing. If guardianship and custody of the child have been transferred to the authorized agency upon an order revoking the order of suspended judgment, a permanency hearing must be held immediately or, at most, within _________ of the court's order, whether written or on the record, which ever is earlier.

six months........ sixty days

§ 635. Petition to restore parental rights. (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS) A petition to modify a disposition in order to restore parental rights may be filed when the following conditions are met: 1. The order committing guardianship and custody of the child had been issued _______ OR MORE YEARS PRIOR to this application to modify AND 2. An order committing the guardianship and custody of the child was based upon an adjudication upon the grounds that -the child was abandoned for ______ or -the parents suffer from mental illness or intellectual disability (still known as retardation in case law) and unable to care for the child or -the child is a permanently neglected child AND 3. There was consent to the prior petition for the guardianship and custody of the child AND 4. The child is __________ YEARS OLD OR OLDER, remains under the jurisdiction of the family court, has not been adopted, does not have a permanency goal of adoption and consents to the relief requested in the petition.

TWO(2)..... 6 months........ FOURTEEN(14)

§ 636. Originating a proceeding to restore parental rights; service and venue. - (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS) A summons may be issued and shall be served in accordance of FCA 617, here it is again: Service of the summons and petition shall be made to the person summoned at least ___________ before the time stated therein for appearance. If after reasonable effort personal service is not made, substituted service or service by publication may be ordered by the judge Service by publication is in accordance with CPLR 316 however that __________ publication of the summons in __________ newspaper shall be sufficient In no event shall the whole ___________ be published.

TWENTY (20) DAYS …... a single ….. only one ........petition

§ 637. Burden of proof, disposition and findings.- (MODIFICATION OF DISPOSITION: RESTORATION OF PARENTAL RIGHTS) The court may grant the petition, modify the previously issued order for termination of parental rights and transfer guardianship and custody of the child to the birth parents Or The court may dismiss the petition and the custody and guardianship of the child will continue with the agency or individual as directed in the order terminating parental rights Or The court may grant the petition conditionally for a designated period of up to ____________ , during which time the child will remain in the custody and guardianship of the local social services district or authorized agency while the child may visit with or be placed on a trial discharge to the birth parents. If this occurs the district or agency will supervise the parent or parents, develop a reunification plan and provide transitional services to the child and parent. They will then report to the parties, attorney for the child and the court not later than _________ prior to the expiration of the designated period. The court shall then schedule the proceeding to be heard before the expiration of the period to determine whether to ultimately grant the petition or not

SIX(6)MONTHS........ THIRTY(30)DAYS

§ 651. Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors.- (CUSTODY) Prior to issuing any temporary or permanent orders of custody or visitation, the court shall conduct reviews of the decisions and reports from registries for histories of Article 10 child abuse/neglect, warrants, orders of protection and the sex offender registry. Upon reviewing decisions and reports the court shall notify associated counsel, self-represented parties and attorneys for children and may issue temporary or permanent custody or visitation orders Prior to the issuance of any successive permanent or initial temporary order of custody or visitation, the court shall conduct the same checks unless they were done within _________ prior. Again, parties and counsel must be notified of the results

ninety (90) days

§ 651. Jurisdiction over habeas corpus proceedings and petitions for custody and visitation of minors.- (CUSTODY) The court can issue temporary emergency orders in certain circumstances in the event that it is not possible to timely review decisions and reports from registries as required After issuing a temporary emergency order of custody or visitation, within __________ of the issuance of such temporary emergency order, such checks shall be made. Should such ____________ period fall on a day when court is not in session, then the required reviews shall take place_________ the court is in session. Parties and counsel shall be notified

twenty-four hours …. twenty-four hours . the next day

661 Jurisdiction. (GUARDIANSHIP) For the purposes of appointing a guardian of the person under this act, the terms "infant" and "minor" will include a person who is less than ____________ years old and who consents to the appointment or continuation of a guardian after the age of _________

Twenty-one (21)........ Eighteen (18)

671- Issuance of warrant; certificate of warrant. The clerk of the court may issue to the petitioner or to the representative of an incorporated charitable or philanthropic society having a legitimate interest in the family a certificate stating that a warrant for the respondent has been issued by the court. A certificate of warrant expires ___________ from the date of issue but may be renewed from time to time by the clerk of the court.

ninety days

712- Definitions: A "person in need of supervision" is - a person less than ____________ of age who - does not attend _________ , or - is incorrigible, ungovernable or habitually disobedient, and beyond the lawful ___________of a parent or other person responsible for their care, or other lawful authority, or - who violates PL 230.00 (________ ), or - who appears to be _______________ child, but only if the child consents to the filing of a petition under this article

EIGHTEEN (18) YEARS..........school....... control ...... Prostitution........ a sexually exploited

712- Definitions: "Assessment for substance use disorder". Assessment by a provider that has been certified by the office of alcoholism and substance abuse services of a person less than _____________ of age where it is alleged that the youth is suffering from a substance use disorder which could make a youth a danger to himself or herself or others.

eighteen years

712- Definitions: 714- Determination of age The age of the respondent at the time________________ allegedly arose is controlling. If the respondent is within the jurisdiction of the court and a petition is filed after the respondent’s ______________ BIRTHDAY then the court will dismiss the petition

the need for supervision....... EIGHTEENTH

718 - Return of run away A peace or police officer may return to a parent any child under the age of __________ who has run away from home.

EIGHTEEN (18)

720. Pre-dispositional placement Where the youth is __________ of age or older, the court shall not order or direct pre-dispositional placement, unless the court determines and states in its order that special circumstances exist to warrant such placement.

sixteen (16) years

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

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

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.

twenty-one days,........ one (1)

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

TWENTY-FOUR (24) HOURS....... three days

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

SIX (6) MONTHS.......... SIX (6) MONTHS

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

THREE (3) DAYS...... THREE(3)DAYS

747. 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

748- Adjournment of fact-finding hearing. If the respondent is in pre-dispositional placement, the court may adjourn a fact finding hearing: 1. On its own motion or on motion of the petitioner for not more than ___________ 2. On motion of the respondent or parent for _______________ 3. Successive motions to adjourn a fact-finding hearing may be granted only under special circumstances.

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

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.

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

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

**§ 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: 1. Discharging the respondent with _________ 2. _____________ judgment 3. Continuing the proceeding and "___________ " the respondent unless the respondent is age ___________ or older, though a __________ old can be placed in special circumstances 4. Put the respondent on ________

a warning........ Suspending …...... placing........ Sixteen …... sixteen year......... probation 'FUTURECLERK 2023: The Clerkening' Hint- "They can sting them like a "WaSPP"

**§ 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: 1. The parent has subjected the child to aggravating circumstances 2. The parent has been convicted of _____________ or ____________ of another child of the parent 3. The parent was convicted of criminal solicitation for conspiring, soliciting or facilitating ____________ or _________ of the child or another child of the parent 4. 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 5. The parent was convicted in another jurisdiction of any of the above crimes 6. 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 as a result of the grounds above, 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: 1. Will be returned to the ________ 2. Should be placed for __________ 3. Should be referred for legal _____________ 4. Should be placed permanently with a ____________ relative 5. 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

756. Placement. A child to 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

756-a. Extension of placement If the petition 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.

One …...... six months......... four months

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 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-b. (Bard) Court review of placement in a qualified residential treatment program. The social services district shall report any anticipated placement of the respondent into a QRTP to the court and the attorneys for the parties/AFC no later than_________ following either the decision to place the respondent in the QRTP or the actual date the placement change occurred, whichever is sooner. Such notice shall indicate the date that the initial placement or change in placement is anticipated to occur or the date the placement change occurred, as applicable. If such notice lists an anticipated date for the placement change, there must be notification of the date the placement change occurred no later than ______________ following the placement change.

one business day …..... one business day

756-b. (Bard) Court review of placement in a qualified residential treatment program. If a respondent is placed in a qualified residential treatment program or there is a change in placement upon notice of placement or change in placement, the court must schedule an assessment of the placement The assessment will determine whether the placement is still necessary and appropriate. Such assessment shall occur not later than ____________ after the initial placement begins or there is a change of placement.

Sixty (60)days

756-b. (Bard) Court review of placement in a qualified residential treatment program. Within __________ of a respondent being placed in a qualified residential treatment program, the court will: Review the assessment and documentation made by a qualified individual and determine if the respondent's needs can be met in a foster family home or if a QRTP is the most effective, least restrictive and appropriate level of care consistent with Permanency Plan Goals.

Sixty (60) days

756-b. (Bard) Court review of placement in a qualified residential treatment program. Sua sponte or on the motion of any party/attorney, the court may review a QRTP placement by written records without a hearing if all parties agree. If the court does review the placement without a hearing, it must issue a written order stating its findings and provide the order to the parties within ______________

five (5) days.

756-b. (Bard) Court review of placement in a qualified residential treatment program. The court can review a placement in a qualified residential treatment program at the same time as another hearing for the respondent, as long as the review is completed within __________ of the start of placement.

Sixty (60) days

757- Probation. The maximum period of probation shall not exceed _____________ , exceptional circumstances may require an additional ___________ of probation An __________ awareness program may also be ordered

ONE (1) YEAR............ alcohol Remember: 1 + 1

758-a Restitution. In cases involving CHILDREN over (NEW) ___________ and less than (NEW) ____________ , the court may recommend as a condition: -Restitution not to exceed $_____________ dollars, -to replace property or damage and/or -services for the public good in cases involving vandalism to grave sites and cemeteries,etc.

TWELVE (12) …........ EIGHTEEN (18)........ $1000.00 Take note: UR 205.65 indicates up to $1500.00 restitution as part of an ACOD

758-a Restitution. If the court recommends restitution or requires services for the public good with an order of placement, the placement must be made to an authorized agency that has adopted rules and regulations to ensure the child's safety and well-being and provide reports to the court not less frequently than every _____________ , unless the order provides otherwise. The court, upon receipt of the reports may, on its own motion or the motion of any party or the agency, hold a hearing to determine whether the placement should be altered or modified.

six months

758-a Restitution. If the court requires restitution or services for the public good as a condition of probation or suspended judgment, it must appoint an agency or person to supervise the restitution or services and they must report to the court not less frequently than every _____________ unless the order provides otherwise The court may also allow a school district to supervise the performance of services for the public good

six months,

763- Notice of motion. A notice of motion for a New hearing or Staying, modifying, setting aside or vacating an order shall be served upon the parties not less than _____________ prior to the return date of the motion. The answer shall be served not less _____________ before the return date

SEVEN (7) DAYS …....... TWO (2) DAYS REMEMBER IT THIS WAY 7 - 2 JUST THINK, WHAT ARTICLE IS THIS? "SEVEN"

765- Service of petition; answer. The agency upon whom a petition for termination of placement is filed has the duty to file an answer within _____________

FIVE (5) DAYS

768- Successive petitions If a petition for the termination of placement is denied it may not be renewed again for _______________ after the denial

NINETY (90) DAYS HINT: RENEWAL = NINETY

780- Failure to comply with order of protection. If the court finds that there is willful failure to obey an order of protection, the court may modify or revoke the order of protection or commit the person for a jail term not to exceed ___________

SIX (6) MONTHS

783-a Consolidation of records within a city having a population of one million or more In a city having a population of _____________ or more, an index of the records of the local probation service shall be made available to the family court.

one million

821a- Preliminary procedure In any case where the respondent is in custody, a hearing shall be held without unreasonable delay and in no event later than __________ after the arrest, or in the event of a Saturday, Sunday or legal Holiday _________ after the arrest, to determine upon material and relevant evidence whether sufficient cause exists to keep the respondent in custody

120 hours …........ 144 hours

823- Rules of court for preliminary procedure Efforts at adjustment may not extend for more than __________ , without leave of the court, who may extend the period for an additional __________. ___________successive extensions may be granted under this section

TWO (2) MONTHS........ SIXTY (60) DAYS.. Two REMEMBER IT THIS WAY - 2 MOS/60D/60D or perhaps 2MOS/60D 2+6=8 (Article8)

826- Service of summons - Service of the summons and petition shall be made by delivery of a true copy to the person served at least __________ before the time stated for appearance, - If requested by the respondent, the court shall not proceed earlier than __________ after such service. - If after reasonable effort to serve without success, the court may make an order providing for substituted service

TWENTY FOUR (24) HOURS....... THREE (3) DAYS

827- Issuance of warrant; certificate of warrant - The petitioner may not serve the warrant without permission of the court. - The clerk of the court may issue to the petitioner or a representative of an incorporated charitable or philanthropic society a "___________" indicating a warrant has been issued. - The presentation to a police officer or peace officer acting pursuant to his special duties of this certificate authorizes him to arrest the respondent to bring him before the court - ***A certificate of warrant expires ___________ from the date of issue but may be renewed from time to time by the clerk of the court***

certificate of warrant ….......NINETY (90) DAYS

828- Temporary order of protection; temporary orders for child support and spousal maintenance Temporary Order of Spousal Support (NEW) Where a temporary order of spousal support has not already been issued, the court may, in addition to the issuance of a temporary order of protection, issue an order directing the parties to appear within _____________ of the issuance of the order in the family court, for consideration of an order for temporary spousal support The same procedures applied to temporary orders of protection apply to final orders of protection as well

seven business days

***841- Orders of disposition At the conclusion of the dispositional hearing, the court may enter an order:*** 1. _________ the petition if the allegations are not established 2. Suspending judgment for up to ____________ 3. Placing the respondent on probation for a period not exceeding __________ AND requiring the respondent to participate in a batterer's education program 4. Order of Protection for up to _______________ or in the event of aggravating circumstances or in violation of a prior order of protection, up to __________ 5. Direct payment of restitution in an amount not to exceed $___________

Dismissing........SIX (6) MONTHS......... ONE (1) YEAR …...... TWO (2) YEARS.........FIVE (5) YEARS........ 10,000 DOLLARS

***841- Orders of disposition At the conclusion of the dispositional hearing, the court may enter an order:*** 2. Suspending judgment for up to ___________

SIX (6) MONTHS

***841- Orders of disposition At the conclusion of the dispositional hearing, the court may enter an order:*** 3. Placing the respondent on probation for a period not exceeding __________ AND requiring the respondent to participate in a batterer's education program

ONE (1) YEAR

***841- Orders of disposition At the conclusion of the dispositional hearing, the court may enter an order:*** 4. Order of Protection for up to __________ or in the event of aggravating circumstances or in violation of a prior order of protection, up to ___________

TWO (2) YEARS........ FIVE (5) YEARS

***841- Orders of disposition At the conclusion of the dispositional hearing, the court may enter an order:*** 5. Direct payment of restitution in an amount not to exceed ____________ DOLLARS

$10,000.00

842- Order of protection An order of protection shall set forth reasonable conditions of behavior to be observed for a period not to exceed _________ by the petitioner or respondent, or in the event of aggravating circumstances or in violation of a prior order of protection, up to ___________ The court may also, upon motion, extend the order of protection for a reasonable period of time upon a showing of good cause or consent of the parties.

TWO (2) YEARS …......FIVE (5) YEARS

842- Order of protection ***The court may also award custody of the child during the term of the order of protection to either parent or to an appropriate relative within the __________ degree*** The court (CAN/CANNOT) place or board out any child or to commit a child to an institution or agency pursuant to this section.

Second …..... CANNOT

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400 6. Notice. - The respondent has the right to a hearing before the court regarding any order to revoke, suspend, make ineligible for a firearms license or surrender or seize firearms, but the court may still issue such an order before a hearing. - Where the court has issued such an order prior to a hearing, it shall commence such hearing within __________________ of the date such order was issued.

14 DAYS FUTURECLERK HINT: FIREARMS = FOURTEEN

846- Petition; violation of court order The summons shall include on its face, printed or typewritten in a size equal to ___ pt. bold type, a notice warning the respondent that failure to appear may result in immediate arrest and a finding of willful failure to obey the order is contempt of court punishable by a sentence of up to ____________ jail

8 …..... Six months

846a – Powers on failure to obey order If the respondent is brought before the court for failure to obey any lawful order and after a hearing the court is satisfied that there has been willful failure the court may: 1. __________ or make a _________ order of protection 2. May order forfeiture of __________ 3. May order the respondent to pay reasonable and necessary _________ of the petitioner 4. May commit the respondent to jail for up to __________ 5. May order revocation of ________ and _________ of firearms

Modify..... new.... bail.... counsel fees.. SIX (6) MONTHS.... licenses and surrender

1012- Definitions: Abused child" means a child less than __________ of age whose parent or other person responsible for their care: - 1. inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or - 2. Creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, - 3. Commits or allows to be committed any sex offense or encourages the child to engage in any acts of prostitution or sex trafficking

EIGHTEEN (18) YEARS

1012- Definitions: "A neglected child" means a child less than ___________ of age whose physical, mental and emotional condition has been impaired or is imminent danger of becoming impaired as a result of the failure of the parent or person responsible for his care to exercise a minimum degree of care: - 1. In supplying the child with adequate food, clothing, shelter or education, or medical, dental, optometrical or surgical care, though financially able to do so or offered financial or other reasonable means to do so, or, in the case of an alleged failure of the respondent to provide education to the child, notwithstanding the efforts of the school district or local educational agency and child protective agency to ameliorate such alleged failure prior to the filing of the petition; or

EIGHTEEN (18) YEARS

1012- Definitions: "A neglected child" means a child less than ________ of age whose physical, mental and emotional condition has been impaired or is imminent danger of becoming impaired as a result of the failure of the parent or person responsible for his care to exercise a minimum degree of care: - 2. In providing the child with proper supervision or guardianship (in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or by any other acts of a similarly serious nature requiring the aid of the court; - However, if the respondent is voluntarily and regularly participating in a rehabilitative program, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he loses self-control of his actions shall not establish that the child is a neglected child in the absence of evidence establishing that the child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired) Or

EIGHTEEN (18) YEARS

1012- Definitions: "A neglected child" means a child less than __________ of age whose physical, mental and emotional condition has been impaired or is imminent danger of becoming impaired as a result of the failure of the parent or person responsible for his care to exercise a minimum degree of care: - 3. a child who has been ____________ by his parents or other person legally responsible for his care

EIGHTEEN (18) YEARS …...... abandoned

1012- Definitions: "Aggravated circumstances" means where a child has been: - 1. Severely or repeatedly abused - 2. Found to be an abused child by the same respondent within ____________ after the return home to said respondent following placement in foster care - 3. At risk for abuse or neglect from the parent who, without justification, has not taken any steps to engage in services necessary to eliminate such risk over a period of at least ____________ from the date of removal - 4. Intentionally abandoned a child ___________ OR YOUNGER with the intent that the child be safe from physical injury and cared for in an appropriate manner

FIVE (5) YEARS......... SIX (6) MONTHS........ FIVE (5) DAYS OLD

1017- Placement of children - b. The court may temporarily release the child directly to a non-respondent parent or temporarily place the child with a relative or suitable person during the pendency of the child protective proceeding. - The local commissioner of social services will also investigate the home of the relative or suitable person within _________ and if the home is unqualified, the local commissioner of social services will report this to the court and the parties, including the attorney for the child.

24 hours

1017- Placement of children c. the court may remand or place the child with the local commissioner of social services and then place the child with a relative or suitable person who is qualified to be a foster parent. The local commissioner of social services will also investigate the home of the relative or suitable person within __________ and if the home is unqualified, the local commissioner of social services will report this to the court and the parties, including the attorney for the child.

24 hours

1017- Placement of children - (NEW) In any case in which an order has been issued pursuant to this article remanding or placing a child in the custody of the local social services district, any anticipated change in placement to the court and the attorneys for the parties, including the attorney for the child, forthwith, but not later than ___________ following either the decision to change the placement or the actual date the placement change occurred, whichever is sooner. - Such notice shall indicate the date that the placement change is anticipated to occur or the date the placement change occurred, as applicable. Provided, however, if such notice lists an anticipated date for the placement change, the local social services district or authorized agency shall subsequently notify the court and attorneys for the parties, including the attorney for the child, of the date the placement change occurred; such notice shall occur no later than ____________ following the placement change.

one business day...... one business day

1017- Placement of children - When a child whose legal custody was transferred to the commissioner of a local social services district resides in a qualified residential treatment program, upon receipt of notice OF CHANGE OF PLACEMENT and motion of the local social services district, the court shall schedule a court review of such placement. - Such court review shall occur no later than___________ from the date the placement of the child in the QRTP

sixty days

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

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

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.

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

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

TWENTY FOUR (24) HOURS

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

1028

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

TWENTY FOUR (24) HOURS

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.

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

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

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

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.

the next court day

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.

FIVE (5)

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

THIRTY (30) DAYS

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 - 2. The local social services official having the care of the child - 3. Other persons having care of the child - 4. The parents or others caring for the siblings to be visited with - 5. Any non-respondent parent - 6. Such sibling himself or herself if _____________ or older - 7. Such sibling’s attorney

TEN (10) YEARS OLD

**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 ______________

THREE (3) COURT DAYS ….... the proceedings

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

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

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

TWENTY FOUR (24) HOURS

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.

TEN (10) DAYS

1034- Power to order investigations Where the court issues an order under this section, the child protective investigator within ____________ shall prepare a report to the court detailing his findings and actions taken

THREE (3) BUSINESS DAYS

1035- Issuance of summons; notice to certain interested persons and intervention Where a petition has been filed where a child has been removed, unless a warrant is issued, the court shall cause a copy of the petition and a summons to be issued _______________ the petition is filed, clearly marked on its face "Child Abuse Case" requiring the parent or other person responsible for the child's care to appear at the court within ______________ to answer the petition unless a shorter time for a hearing to occur is prescribed

the same day........... THREE (3) COURT DAYS

1035- Issuance of summons; notice to certain interested persons and intervention In a proceeding to determine abuse or neglect, the summons shall contain a statement informing the respondent that the proceeding itself or if the child is placed and remains in foster care for _________ of the most recent _______________ , may lead to the filing of a petition for the termination of the respondents parents parental rights

FIFTEEN (15) …...... TWENTY TWO (22) MONTHS

1035- Issuance of summons; notice to certain interested persons and intervention Where a petition has been filed where a child has not been removed, the court shall forthwith cause a copy of the petition and a summons to be issued, clearly marked on its face "Child Abuse Case" requiring the parent or other person responsible for the child's care to appear at the court within _____________ to answer the petition and may require the person summoned to produce the child at the time and place named

SEVEN (7) COURT DAYS

1035- Issuance of summons; notice to certain interested persons and intervention - CHILD REMOVED = APPEAR IN ________ COURT DAYS - CHILD NOT REMOVED = APPEAR IN ___________ COURT DAYS

Three (3)......... seven (7)

1035- Issuance of summons; notice to certain interested persons and intervention if the child is placed and remains in foster care for __________ of the most recent ____________ months, the agency may be required by law to file a petition for termination of the parental rights of the parent or parents and commitment of guardianship and custody of the child for the purposes of adoption, even if the parent or parents were not named as a respondent or as respondents in the child abuse or neglect proceeding.

Fifteen …........twenty-two

1036- Service of summons In cases involving _____________ the petition and summons shall be served within ____________ after their issuance. If they cannot be served within that time such facts must be reported to the court within __________ after their issuance, and the court shall thereafter issue a warrant unless process is sent without the state

abuse............. TWO (2) COURT DAYS...... THREE (3) COURT DAYS

1036- Service of summons Service of the summons and petition shall be made by delivery of a true copy to the person summoned at least ____________ before the time stated therein for appearance

TWENTY FOUR (24) HOURS

1036- Service of summons - In cases involving either abuse or neglect, the court may send process outside of the state in the same manner and with the same effect as process sent within the state to exercise personal jurisdiction of a person subject to the jurisdiction of the court In cases involving ______________ where service upon a non resident is required; such service shall be made within ___________ after its issuance

abuse ....................... TEN (10) DAYS

1037- Issuance of warrant and reports to court In cases involving abuse the warrant shall be clearly marked on the face thereof "Child Abuse Case". If a warrant is not executed within ___________ of its issuance, such fact shall be reported to the court within ____________ of its issuance

TWO (2) COURT DAYS.......... THREE (3) COURT DAYS

1039- Adjournment in contemplation of dismissal Such an ACOD is an adjournment of the proceedings for a period not to exceed ____________ . Upon the consent of the petitioner, respondent and child's attorney, the court may issue an order extending such period for a time agreeable by the parties

ONE(1)YEAR

1039- Adjournment in contemplation of dismissal If as a condition of such order the child and the respondent are to be under the supervision of the child protective agency, then such agency shall make progress reports to the court no later than __________ after the issuance of such order unless the court determines reports are not required

NINETY (90) DAYS

1039- Adjournment in contemplation of dismissal A proceeding to restore the matter to the calendar for failure of the respondent to observe the terms or conditions may take place. If the matter is restored a fact finding hearing shall take place within ___________ after such application

SIXTY(60)DAYS

1039b- Termination of reasonable efforts If the court determines that reasonable efforts are not required because of one of the grounds set forth above, a permanency hearing shall be held within _______________ of that finding to determine where to place the child

Thirty (30) days

1042- Effect of absence of parent or other person responsible for care Any order of disposition on default will be served upon the parent or other person who has_________ to move to vacate the order of disposition and schedule a rehearing. Such motion will be granted upon a meritorious defense to the petition, and may be denied upon a finding by the court that the parent or other person willfully failed to appear at the hearing

ONE (1) YEAR

1048- Adjournments If requested by the parent or other person responsible for the child's care, the court shall not proceed with the fact finding hearing earlier than_______________ after service of the summons and petition

THREE (3) DAYS

1052- Disposition on adjudication. If the court determines that reasonable efforts are not required because of one of the grounds set forth above, a permanency hearing shall be held within ______________ of that finding to determine where to place the child

THIRTY (30) DAYS

1052c- Duty to report investigations to locate non-respondent parents or relatives If the court makes a determination to place the child, the court shall immediately require the local social services district to report to the court the results of any investigation to locate any non-respondent parent or relatives of the child, including those which a child over the age of _________ identifies as relatives and whether they have expressed an interest in seeking custody of the child or becoming a foster parent

five

1053- Suspended judgment The maximum duration of any term or condition of a suspended judgment is __________ unless exceptional circumstances require an extension for an additional __________ .

ONE(1) YEAR ….... year SUSPENDED JUDGMENT = 1 YEAR + 1 YEAR extension

1053- Suspended judgment SUSPENDED JUDGMENT = _____________

NINETY (90) DAYS

1054- Release to non-respondent parent or legal custodian or guardian. The duration of any period of supervision and/or release under this section shall be for an initial period of no more than ___________ , and at the expiration of the period for good cause shown, the court may make successive extensions of such supervision of up to ____________ EACH.

ONE (1) YEAR.........ONE (1) YEAR

1054- Release to non-respondent parent or legal custodian or guardian. SUPERVISION and/or release =_____________

1 YEAR + 1 YEAR extensions

1054- Release to non-respondent parent or legal custodian or guardian. The court may direct a child protective agency to make progress reports to the court, the parties, and the child's attorney on the implementation of any order issued here by the court. Such report must be made within ___________ after issuance of the order and no later than ____________ prior to the expiration of the order

NINETY(90)DAYS …....... SIXTY(60)DAYS

1055- Placement The court shall state on the record its findings supporting the placement. The order of placement shall include, but not be limited to: - 1. A description of the visitation plan - 2. A direction that the respondent be notified of the planning conference and their right to attend - 3. A date certain for a permanency hearing which in no event will be more than EIGHT (8) MONTHS from the date of removal of the child - 4. A notice that if the child remains in foster care for __________ of the most recent ___________ MONTHS, the agency may be required by law to file a petition to terminate parental rights - 5. The court may provide the local services district with authority to finally discharge the child to the parent without hearing upon __________ notice to the court and the "attorney for the child"

FIFTEEN (15) …..... TWENTY-TWO (22) …..... TEN (10) DAYS

1055- Placement Upon placing a child under the age of ________ who has been abandoned with the local commissioner of social services, the court shall, where the parents do not appear after due notice, order that a diligent search commence to locate the child's non-appearing parent

ONE (1)

1055- Placement The court will also provide written notice to be served upon such parent which shall state: - 1. The local commissioner of social services shall initiate a proceeding to commit the guardianship and custody of the subject child within ___________ from the date the child was placed in the custody of such commissioner - 2. That there has been no visitation and communication between the parent and the child since the child was placed and if it continues that way for ____________ , the child will be considered an abandoned child - 3. That it is the legal responsibility of the local commissioner of social services to reunite and reconcile families - 4. The name, address and telephone number of the caseworker assigned to the child - 5. That it shall be the responsibility of the parent to visit and communicate with the child - Such notice shall be in both Spanish and English.

SIX (6) MONTHS......... SIX (6) MONTHS

1055- Placement - The court may order social service or other agency to institute proceedings to legally free the child for adoption - If the social services official or agency fails to institute a proceeding to legally free the child for adoption within __________ , the foster parents may institute the proceeding themselves, unless the agency has obtained a modification or extension of the order, or the court believes the foster parents would not be approved to adopt the child.

90 days

1055- Placement No placement may be made or continued beyond the child's ____________ without his or her consent and in no event past his or her _________________ BIRTHDAY

EIGHTEENTH (18TH) BIRTHDAY …......... TWENTY FIRST (21st)

1055- Placement - (New for 2022) If a child who is in the custody of the Commissioner of Social Services is about to be moved to a new placement, the social services official or authorized agency must notify the court and the attorneys for the parties, forthwith, but not later than one____________ following either the decision to change the placement or the actual date the placement change occurred, whichever is sooner. - Such notice shall indicate the date that the placement change is anticipated to occur or the date the placement change occurred, as applicable. - If the anticipated date of the placement change differs from the actual date, the social services district or authorized agency must notify the court and attorneys for the parties within ____________ of the actual date.

business day ............ one business day

1055- Placement When a child whose legal custody was transferred to the commissioner of a local social services district in accordance with this section resides in a qualified residential treatment program, upon receipt of notice initial placement or of change of placement, the court shall schedule a court review to make an assessment and determination no later than _________ from the date the placement of the child in the QRTP commenced (or changed)

sixty days

1055a- Substantial failure of a material condition of surrender; enforcement of a contact agreement - Any failure in the surrender of an adoption of a child, the agency shall notify the parent, the "attorney for the child" and the court within__________ of such failure. - The agency will then file a petition within ____________ for the court to review the failure in the surrender of an adoption of a child.

TWENTY (20) DAYS.......... THIRTY (30) DAYS

1055a- Substantial failure of a material condition of surrender; enforcement of a contact agreement If the agency does not file a petition, then the parent or "attorney for the child" may file within ___________ of the notice of the failure, but before the adoption of the child

SIXTY (60) DAYS

1055b- Custody or guardianship with a parent or parents, relatives or suitable persons pursuant to article six of this act or guardianship with relatives or suitable persons pursuant to article seventeen of the surrogate's court procedure act. The court shall hold age appropriate consultation with the child, if the youth has attained __________ of age, the court shall ascertain his or her preference for a guardian

FOURTEEN (14) YEARS

(NEW) 1055-c. Court review of placement in a qualified residential treatment program Within __________ of placement in a QRTP, the court must review such placement and determine if it is appropriate, and if deemed inappropriate, it will determine a schedule for the child's return and direct social services to make other arrangements.

sixty (60) days

(NEW) 1055-c. Court review of placement in a qualified residential treatment program Such review may be made without a hearing on consent of all parties, and written determination must follow within _________

five (5) days.

(NEW) 1055-c. Court review of placement in a qualified residential treatment program Such review hearing may be held in conjunction with any other hearing as long as it occurs within ___________ of placement.

sixty (60) days

1056- Order of protection. ***An order of protection entered may be for any period of time up to the child's _______________ ... this differs from most other time frames that an order of protection can remain in effect for***

EIGHTEENTH (18) BIRTHDAY

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents The court may release the child to the respondent or respondents for a period of up to __________ , which may be extended

one year

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents The duration of any period release (and/or supervision) shall be for an initial period of no more than __________ and the court may at the expiration of that period, upon a hearing and for good cause shown, make successive extensions of up to __________ EACH

ONE (1) YEAR …....... ONE (1) YEAR

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents SUPERVISION/Release = ____________

1 YEAR + 1 YEAR extensions

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents - The order of supervision must set forth the terms and conditions of the supervision, as well as the actions that the child protective agency, social services official, or duly authorized agency must take to exercise such supervision. - Such agency may be required to make progress reports to the court, the parties, and the child's attorney no later than _________ after issuance of the order.

NINETY (90) DAYS

1058-Expiration of orders. No later than ________ prior to the expiration of an order of disposition (FCA 1052) or period of an adjournment in contemplation of dismissal (FCA 1039), the child protective agency shall report to the court, the parties, including a non-respondent parent and the attorney for the child on the status and circumstances of the child and family and any actions taken or that need to be taken

SIXTY (60) DAYS

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

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

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

regular..... FIVE (5) DAYS

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

NINETY (90) DAYS REMEMBER: RENEWAL - NINETY

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.

ONE (1) WEEK

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 ________

SIX (6) MONTHS

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.

ten (10) court days

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.

EIGHTEEN (18)

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

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

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.

thirty (30) days

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 ___________

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

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.

eight (8) months........ JD or PINS

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 _______________

SIX (6) MONTHS.............. thirty days

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 - 2. The agency supervising the child - 3. The child's attorney - 4. Any pre-adoptive parent or relative providing care - 5. 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)

FOURTEEN (14) DAYS......... regular mail

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

TEN (10)........ FOURTEEN (14) DAYS

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

sixteen

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

Fourteen

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

one business day....... one business day

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.

sixty days

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.

sixteen

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.

one year

Fourteen …...... eighteen

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.

TEN (10)

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

ten

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

ten (10) and fourteen (14)

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

TEN (10) DAYS

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.

whenever necessary........ thirty days

1091. Motion to return to foster care placement. Definitions: "Former foster care youth" shall mean a youth: who has attained the age of _____________ but is under the age of ______________ and who had been discharged from a foster care setting on or after: - attaining the age of eighteen due to a failure to ____________ to continuation in foster care; - or attaining the age of sixteen but who is or is likely to be _____________ unless returned to foster care; and - (A) placed in foster care with a local social services district or authorized agency; or - (B) freed for ____________ but has not yet been adopted; or - (C) placed with the office of children and family services as a juvenile delinquent for a _____________ level of care

Eighteen........... twenty-one......... consent....homeless......adoption........non-secure

1091. Motion to return to foster care placement. If the former foster care youth was discharged on or after their ___________ the motion to return to foster care must be filed within __________ of their first final discharge after their _______ birthday.

18th birthday.......... 24 months........ 18th

1091. Motion to return to foster care placement. If the former foster care youth was discharged prior to their eighteenth birthday, the court shall not entertain a motion filed after their __________ birthday

twentieth

1091. Motion to return to foster care placement. A motion made pursuant to this article by the applicable official of the local social services district, authorized agency or the office of children and family services shall be made by order to show cause. - Such motion shall show by affidavit or other evidence that: - the former foster care youth has no reasonable alternative to foster care; - the former foster care youth consents to enrollment in and attendance at an appropriate educational or vocational program, unless inappropriate - re-entry into foster care is in the best interests of the youth; - the former foster care youth consents to the re-entry into foster care; and - In the case of a former foster youth discharged from foster care on or after attaining the age of ________ , the youth is or is likely to be homeless unless returned to foster care.

sixteen

1091. Motion to return to foster care placement. A motion made pursuant to this article by a former foster care youth shall be made by order to show cause on __________ notice to the applicable official of the local social services district, authorized agency or the office of children and family services. Such motion shall show by affidavit or other evidence that: - The required conditions are met and - the applicable official of the local social services district, authorized agency or the office of children and family services consents or refuses to consent to the re-entry

ten days

1091-a. Court review of placement in a qualified residential treatment program. Within _____________ of the placement into a QRTP or decision of placement, the court and the attorneys for the parties, including the attorney for the child must be notified, whichever is sooner.

one business day

091-a. 1091-a. Court review of placement in a qualified residential treatment program. If there is an anticipated date, another notification will be made within _____________ of when the placement actually happens

one business day

1091-a. Court review of placement in a qualified residential treatment program. The court must review such placement within _________ of commencement. A hearing will be held, but on consent of all parties, the hearing can be waived and the court will decide on papers. The court's decision approving or denying the placement must be issued within __________

sixty days......... five days.

1092- Destitute Children- Definitions "Destitute child" - (WORST DESTINY’S CHILD COVER BAND EVER) shall mean a child not subject to ___________ of this act, is without a parent or other person responsible for their care and is a state of suffering due to a lack of food, clothing, shelter or medical or surgical care

article 10

1092- Destitute Children- Definitions "Interested adult" shall mean a person or persons over the age of __________ , other than a parent or caretaker, who, at the relevant time resided with and had responsibility for the day-to-day care of a child alleged or adjudicated to be destitute.

eighteen

1093- Destitute Children - Originating proceedings. A commissioner of social services who accepts the care of custody of a child appearing to be a destitute child shall file a petition within ___________ of accepting the care and custody of such child

FOURTEEN(14) DAYS

1093- Destitute Children - Originating proceedings. The petition shall contain a notice in conspicuous print that if the child remains in foster care for ________ of the most recent ___________ ,the agency may be required to bring a petition to terminate parental rights

Fifteen...... Twenty-Two months

1093- Destitute Children - Originating proceedings. Service of the summons and petition shall be made by delivery of a copy thereof to the person summoned at least ___________ prior to the time stated for appearance

TWENTY FOUR (24) HOURS

1094. Destitute Children - Initial appearance and preliminary proceedings At the initial appearance, the court shall: **4.Set a date certain for the fact finding and disposition hearing,and if the child is temporarily placed,set a date certain for the initial permanency hearing which shall be no later than ___________ from the date the social services official accepted care of the child**

EIGHT(8)MONTHS

1094. Destitute Children - Initial appearance and preliminary proceedings At the initial appearance, the court shall: - Any parent or caretaker, or interested adult from whose care the child has been removed, or the child's attorney may request a hearing to determine whether the child who has been removed from his or her home should be returned, and whether services should be rendered to facilitate such return - Except for good cause shown, the hearing shall be held within ____________ of the request and shall not be adjourned - The court shall grant such an application unless it finds that the return of the child presents an imminent risk to the child's life or health

THREE(3) COURT DAYS

1095- Fact finding and disposition If the child has been placed in the care and custody of the commissioner of social services, the court shall include in its order - 1. A date certain for the permanency hearing - 2. Unless the parents are deceased, a description of the plan for the child to visit with the parents unless contrary to the child's best interests - 3. A direction that the child be placed with or visit and communicate with his or her siblings unless contrary to the child's best interests - 4. Unless the parents are deceased, a direction that they be notified of any planning conferences to be held, or their right to attend such conferences with counsel - 5. If the child is or will be _______________ or over at the permanency hearing, the services necessary to assist the child in learning independent living skills - 6. A notice that, if the child remains in foster care for fifteen of the most recent twenty-two months, the agency may be required by law to file a petition to terminate parental rights.

FOURTEEN(14)

1097. Court review of placement in a qualified residential treatment program Within _________ day of the placement into a QRTP or decision of placement, the court and the attorneys for the parties, including the attorney for the child must be notified, whichever is sooner.

one business

1097. Court review of placement in a qualified residential treatment program If there is an anticipated date, another notification will be made within ____________ of when the placement actually happens

one business day

1097. Court review of placement in a qualified residential treatment program The court must review such placement within __________ of commencement. A hearing will be held, but on consent of all parties, the hearing can be waived and the court will decide on papers. The court's decision approving or denying the placement must be issued within ____________

sixty days …......five days.

1097. Court review of placement in a qualified residential treatment program The QRTP review can happen on the same day as any other hearing as long as it is completed within ______________ of the start of placement.

sixty days

1112- Appealable orders. Pending determination on such appeal, such order shall be stayed where the effect of the order would be to _____________ the child where the court before which the appeal is pending finds such stay is necessary to avoid imminent risk to the child's life or health A preference under ____________ shall be afforded without the necessity for a ___________ . Thanks to the magic of copy and paste,I now bring you a repeat of that section from the FutureClerk 2023: THE CLERKENING notes: 5521- Preferences for appeal may be granted in the discretion of the court. A preference will also be given to orders or judgments stemming from the following: FCA articles -3 (JD), 6 (TERMINATION OF PARENTAL RIGHTS), 7 (PINS),10 and 10A (ABUSE and NEGLECT),and certain articles of the Social Services Law

Discharge …...... CPLR 5521 ….... motion

1112- Appealable orders. In any proceeding originating under Article 10 of this act where the family court issues an order which will result in the return of a child who was previously remanded or placed with someone other than the respondent, such order shall be stayed until ____________ the day after the day on which such order is issued, unless such stay is waived by written stipulation by all parties to the proceeding. It is always in the judge's discretion to stay an order returning a child to the custody of the respondent for a longer period of time

5:00:00 PM

1113- Time of appeal. An appeal must be taken no later than _________ from service upon the appellant of the order being appealed from or ______________ from the appellant receiving the order in court or _________________ from the mailing of the order to the appellant by the clerk of the court, whichever is earliest

THIRTY (30) DAYS …........... THIRTY (30) DAYS....... THIRTY FIVE (35) DAYS

1114 Effect of appeal; stay Any party or AFC to a child protective proceeding may apply to a justice of the appellate division for a stay of an order issued pursuant to_____________ of this chapter returning a child to the custody of a respondent. - The party applying for the stay shall notify the attorneys for all parties and AFC of the time and place of such application. - If requested by any party present, oral argument shall be had on the application, except for good cause stated upon the record. - The party applying for the stay shall state in the application the errors of fact or law allegedly committed by the family court. - A party applying to the court for the granting or continuation of such stay shall make every reasonable effort to obtain a complete transcript of the proceeding before the family court. - If a stay is granted, a schedule shall be set for an expedited appeal.

part two of article ten

1115- Notices of appeal The appellant shall file __________ of such notice together with proof of service, with the clerk of the family court, who shall then forthwith transmit __________ to the clerk of the appropriate appellate division

TWO (2) COPIES....... ONE(1) COPY

1119 Effective date The effective date of this act is ___________ . We need to know this why?

09/01/62

1120 Counsel for parties and children on appeal An attorney appointed shall be compensated and receive reimbursement of their expenses provided by section ___________________

35 of the judiciary law

1121- Special procedures Counsel for the appellant shall no later than ___________ after filing the notice of appeal, request preparation of the transcript of the proceeding being appealed from.

TEN (10) DAYS

1121- Special procedures Counsel assigned or appointed for poor persons shall no later than __________ after such appointment, request preparation of the transcript of the proceeding being appealed from

TEN (10) DAYS

1121- Special procedures Where a motion is granted for poor person relief, the appellant shall request the transcript of the proceeding being appealed from no later than ___________ of the order determining the motion

TEN (10) DAYS

1121- Special procedures The transcript shall be completed within __________ of the request of the appellant. Where it is not completed in that time, the court reporter or transcription service responsible shall notify the administrative judge of the judicial district.

THIRTY (30) DAYS

1121- Special procedures The appellant shall perfect the appeal within _____________ of the receipt of the transcript, although such period may be adjusted or extended by the appellate division

SIXTY (60) DAYS REMEMBER IT THIS WAY: 10 DAYS- 30 DAYS - 60 DAYS