By the Numbers volume 2

Question 1

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

Answer 1

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

Question 2

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.

Answer 2

eighteen years

Question 3

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

Answer 3

the need for supervision……. EIGHTEENTH

Question 4

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.

Answer 4

EIGHTEEN (18)

Question 5

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.

Answer 5

sixteen (16) years

Question 6

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

Answer 6

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

Question 7

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.

Answer 7

twenty-one days,…….. one (1)

Question 8

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

Answer 8

TWENTY-FOUR (24) HOURS……. three days

Question 9

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

Answer 9

SIX (6) MONTHS………. SIX (6) MONTHS

Question 10

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

Answer 10

THREE (3) DAYS…… THREE(3)DAYS

Question 11

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

Answer 11

three (3) days

Question 12

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.

Answer 12

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

Question 13

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 _____________

Answer 13

SIX (6) MONTHS.

Question 14

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 ______________

Answer 14

TEN (10) DAYS…two…… TWO (2) MONTHS

Question 15

750- Probation reports

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

Answer 15

FIVE (5) COURT DAYS

Question 16

§ 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 ________

Answer 16

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

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

Question 17

§ 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,

Answer 17

FOURTEEN (14)

Question 18

§ 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

Answer 18

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

Question 19

§ 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

Answer 19

THIRTY (30) DAYS

Question 20

§ 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

Answer 20

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

Question 21

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

Answer 21

ONE (1) YEAR…….. ONE (1) YEAR

Question 22

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.

Answer 22

60 days

Question 23

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.

Answer 23

fifteen (15) days …. thirty (30) days

Question 24

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.

Answer 24

thirty (30) days

Question 25

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.

Answer 25

One ……… six months……… four months

Question 26

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

Answer 26

16

Question 27

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.

Answer 27

Eighteenth ……… twenty-first

Question 28

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.

Answer 28

one business day …….. one business day

Question 29

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.

Answer 29

Sixty (60)days

Question 30

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.

Answer 30

Sixty (60) days

Question 31

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 ______________

Answer 31

five (5) days.

Question 32

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.

Answer 32

Sixty (60) days

Question 33

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

Answer 33

ONE (1) YEAR………… alcohol

Remember: 1 + 1

Question 34

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.

Answer 34

TWELVE (12) ……….. EIGHTEEN (18)…….. $1000.00

Take note: UR 205.65 indicates up to $1500.00 restitution as part of an ACOD

Question 35

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.

Answer 35

six months

Question 36

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

Answer 36

six months,

Question 37

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

Answer 37

SEVEN (7) DAYS ………. TWO (2) DAYS

REMEMBER IT THIS WAY 7 - 2
JUST THINK, WHAT ARTICLE IS THIS? “SEVEN”

Question 38

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 _____________

Answer 38

FIVE (5) DAYS

Question 39

768- Successive petitions

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

Answer 39

NINETY (90) DAYS

HINT: RENEWAL = NINETY

Question 40

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 ___________

Answer 40

SIX (6) MONTHS

Question 41

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.

Answer 41

one million

Question 42

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

Answer 42

120 hours ……….. 144 hours

Question 43

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

Answer 43

TWO (2) MONTHS…….. SIXTY (60) DAYS.. Two

REMEMBER IT THIS WAY - 2 MOS/60D/60D or perhaps 2MOS/60D 2+6=8 (Article8)

Question 44

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

Answer 44

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

Question 45

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

Answer 45

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

Question 46

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

Answer 46

seven business days

Question 47

***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 $___________

Answer 47

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

Question 48

***841- Orders of disposition

At the conclusion of the dispositional hearing, the court may enter an order:***

2. Suspending judgment for up to ___________

Answer 48

SIX (6) MONTHS

Question 49

***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

Answer 49

ONE (1) YEAR

Question 50

***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 ___________

Answer 50

TWO (2) YEARS…….. FIVE (5) YEARS

Question 51

***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

Answer 51

$10,000.00

Question 52

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.

Answer 52

TWO (2) YEARS ………FIVE (5) YEARS

Question 53

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.

Answer 53

Second …….. CANNOT

Question 54

(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.

Answer 54

14 DAYS

FUTURECLERK HINT: FIREARMS = FOURTEEN

Question 55

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

Answer 55

8 …….. Six months

Question 56

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

Answer 56

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

Question 57

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

Answer 57

EIGHTEEN (18) YEARS

Question 58

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

Answer 58

EIGHTEEN (18) YEARS

Question 59

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

Answer 59

EIGHTEEN (18) YEARS

Question 60

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

Answer 60

EIGHTEEN (18) YEARS ……… abandoned

Question 61

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

Answer 61

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

Question 62

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.

Answer 62

24 hours

Question 63

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.

Answer 63

24 hours

Question 64

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.

Answer 64

one business day…… one business day

Question 65

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

Answer 65

sixty days

Question 66

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

Answer 66

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

Question 67

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.

Answer 67

three court days…….. the next court day

Question 68

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

Answer 68

TWENTY FOUR (24) HOURS

Question 69

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

Answer 69

1028

Question 70

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

Answer 70

TWENTY FOUR (24) HOURS

Question 71

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.

Answer 71

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

Question 72

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

Answer 72

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

Question 73

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.

Answer 73

the next court day

Question 74

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.

Answer 74

FIVE (5)

Question 75

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

Answer 75

THIRTY (30) DAYS

Question 76

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

Answer 76

TEN (10) YEARS OLD

Question 77

**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 ______________

Answer 77

THREE (3) COURT DAYS ……. the proceedings

Question 78

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

Answer 78

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

Question 79

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

Answer 79

TWENTY FOUR (24) HOURS

Question 80

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.

Answer 80

TEN (10) DAYS

Question 81

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

Answer 81

THREE (3) BUSINESS DAYS

Question 82

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

Answer 82

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

Question 83

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

Answer 83

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

Question 84

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

Answer 84

SEVEN (7) COURT DAYS

Question 85

1035- Issuance of summons; notice to certain interested persons and intervention

• CHILD REMOVED = APPEAR IN ________ COURT DAYS
• CHILD NOT REMOVED = APPEAR IN ___________ COURT DAYS

Answer 85

Three (3)……… seven (7)

Question 86

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.

Answer 86

Fifteen ………..twenty-two

Question 87

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

Answer 87

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

Question 88

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

Answer 88

TWENTY FOUR (24) HOURS

Question 89

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

Answer 89

abuse ………………….. TEN (10) DAYS

Question 90

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

Answer 90

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

Question 91

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

Answer 91

ONE(1)YEAR

Question 92

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

Answer 92

NINETY (90) DAYS

Question 93

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

Answer 93

SIXTY(60)DAYS

Question 94

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

Answer 94

Thirty (30) days

Question 95

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

Answer 95

ONE (1) YEAR

Question 96

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

Answer 96

THREE (3) DAYS

Question 97

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

Answer 97

THIRTY (30) DAYS

Question 98

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

Answer 98

five

Question 99

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 __________ .

Answer 99

ONE(1) YEAR ……. year

SUSPENDED JUDGMENT = 1 YEAR + 1 YEAR extension

Question 100

1053- Suspended judgment

SUSPENDED JUDGMENT = _____________

Answer 100

NINETY (90) DAYS

Question 101

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.

Answer 101

ONE (1) YEAR………ONE (1) YEAR

Question 102

1054- Release to non-respondent parent or legal custodian or guardian.

SUPERVISION and/or release =_____________

Answer 102

1 YEAR + 1 YEAR extensions

Question 103

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

Answer 103

NINETY(90)DAYS ………. SIXTY(60)DAYS

Question 104

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”

Answer 104

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

Question 105

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

Answer 105

ONE (1)

Question 106

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.

Answer 106

SIX (6) MONTHS……… SIX (6) MONTHS

Question 107

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.

Answer 107

90 days

Question 108

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

Answer 108

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

Question 109

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.

Answer 109

business day ………… one business day

Question 110

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)

Answer 110

sixty days

Question 111

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.

Answer 111

TWENTY (20) DAYS………. THIRTY (30) DAYS

Question 112

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

Answer 112

SIXTY (60) DAYS

Question 113

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

Answer 113

FOURTEEN (14) YEARS

Question 114

(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.

Answer 114

sixty (60) days

Question 115

(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 _________

Answer 115

five (5) days.

Question 116

(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.

Answer 116

sixty (60) days

Question 117

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

Answer 117

EIGHTEENTH (18) BIRTHDAY

Question 118

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

Answer 118

one year

Question 119

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

Answer 119

ONE (1) YEAR ………. ONE (1) YEAR

Question 120

1057 - Release of the child to the respondent or respondents; supervision of the respondent or respondents

SUPERVISION/Release = ____________

Answer 120

1 YEAR + 1 YEAR extensions

Question 121

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.

Answer 121

NINETY (90) DAYS

Question 122

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

Answer 122

SIXTY (60) DAYS

Question 123

1062 -Motion to terminate placement

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

The motion must:

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

Answer 123

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

Question 124

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

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

Answer 124

regular….. FIVE (5) DAYS

Question 125

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

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

Answer 125

NINETY (90) DAYS

REMEMBER: RENEWAL - NINETY

Question 126

1069- Rules of court.

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

Answer 126

ONE (1) WEEK

Question 127

1072- Failure to comply with terms and conditions of supervision

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

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

Answer 127

SIX (6) MONTHS

Question 128

1082- Approval, modification or denial of visitation rights

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

Answer 128

ten (10) court days

Question 129

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.

Answer 129

EIGHTEEN (18)

Question 130

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

Answer 130

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

Question 131

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.

Answer 131

thirty (30) days

Question 132

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 ___________

Answer 132

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

Question 133

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.

Answer 133

eight (8) months…….. JD or PINS

Question 134

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 _______________

Answer 134

SIX (6) MONTHS………….. thirty days

Question 135

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)

Answer 135

FOURTEEN (14) DAYS……… regular mail

Question 136

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

Answer 136

TEN (10)…….. FOURTEEN (14) DAYS

Question 137

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

Answer 137

sixteen

Question 138

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

Answer 138

Fourteen

Question 139

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

Answer 139

one business day……. one business day

Question 140

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.

Answer 140

sixty days

Question 141

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.

Answer 141

sixteen

Question 142

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.

Answer 142

one year

Question 143

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.

• The court shall hold age appropriate consultation with the child, however, if the youth has attained ____________ years of age, the court shall ascertain his or her preference for a suitable guardian or custodian.
• Where the youth is over the age of ___________ , he or she shall consent to the appointment of a suitable guardian or custodian.

Answer 143

Fourteen ……… eighteen

Question 144

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.

Answer 144

TEN (10)

Question 145

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

Answer 145

ten

Question 146

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

Answer 146

ten (10) and fourteen (14)

Question 147

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

Answer 147

TEN (10) DAYS

Question 148

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.

Answer 148

whenever necessary…….. thirty days

Question 149

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

Answer 149

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

Question 150

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.

Answer 150

18th birthday………. 24 months…….. 18th

Question 151

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

Answer 151

twentieth

Question 152

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.

Answer 152

sixteen

Question 153

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

Answer 153

ten days

Question 154

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.

Answer 154

one business day

Question 155

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

Answer 155

one business day

Question 156

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 __________

Answer 156

sixty days……… five days.

Question 157

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

Answer 157

article 10

Question 158

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.

Answer 158

eighteen

Question 159

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

Answer 159

FOURTEEN(14) DAYS

Question 160

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

Answer 160

Fifteen…… Twenty-Two months

Question 161

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

Answer 161

TWENTY FOUR (24) HOURS

Question 162

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

Answer 162

EIGHT(8)MONTHS

Question 163

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

Answer 163

THREE(3) COURT DAYS

Question 164

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.

Answer 164

FOURTEEN(14)

Question 165

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.

Answer 165

one business

Question 166

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

Answer 166

one business day

Question 167

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 ____________

Answer 167

sixty days ………five days.

Question 168

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.

Answer 168

sixty days

Question 169

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

Answer 169

Discharge ……… CPLR 5521 ……. motion

Question 170

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

Answer 170

5:00:00 PM

Question 171

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

Answer 171

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

Question 172

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.

Answer 172

part two of article ten

Question 173

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

Answer 173

TWO (2) COPIES……. ONE(1) COPY

Question 174

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

Answer 174

09/01/62

Question 175

1120 Counsel for parties and children on appeal

An attorney appointed shall be compensated and receive reimbursement of their expenses provided by section ___________________

Answer 175

35 of the judiciary law

Question 176

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.

Answer 176

TEN (10) DAYS

Question 177

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

Answer 177

TEN (10) DAYS

Question 178

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

Answer 178

TEN (10) DAYS

Question 179

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.

Answer 179

THIRTY (30) DAYS

Question 180

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

Answer 180

SIXTY (60) DAYS

REMEMBER IT THIS WAY: 10 DAYS- 30 DAYS - 60 DAYS