FCA 10 Flashcards
(42 cards)
“Abused child” means a child less than ______________ YEARS of age whose parent or other person responsible for their care:
1.Inflicts or allows to be inflicted serious physical injury (other than accidental)
2. Creates or allows to be created a risk of physical injury (other than accidental)
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)
“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:
- 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 - In providing the child with proper supervision or guardianship
Or a child who has been abandoned by his parents or other person legally responsible for his care
EIGHTEEN (18) YEARS
“Aggravated circumstances” means where a child has been:
- Severely or repeatedly abused
- Found to be an abused child within _____________ after the return home
following placement in foster care - At risk for abuse or neglect from the parent who 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 ______________ OLD OR YOUNGER
FIVE (5) YEARS…..SIX (6) MONTHS ……… FIVE (5) DAYS
“Permanency hearing” means a hearing for the purpose of reviewing the ___________ status of the child and the permanency plan developed by the social services district
foster care
1013- The family court has _________ jurisdiction over proceedings under this article alleging abuse or neglect of a child. The family court maintains jurisdiction even though the criminal court may be exercising jurisdiction over the acts alleged
exclusive original
1013- In determining jurisdiction, it is the age of the child at the time____________ that controls. The child need not be in the custody of the respondent if the court otherwise has jurisdiction over the matter.
the proceedings are initiated (not when the acts occurred)
1014- If the family court determines the process of the family court is inappropriate or insufficient, it may transfer the proceedings to the _______________ and refer the matter to the district attorney
criminal court
1014 - In any hearing under this section, the family court may grant the ______________ testimonial immunity in any subsequent criminal court proceeding
respondent
1014- There may be concurrent proceedings occurring in both Family Court and ____________
Criminal Court
1015- Proceedings under this article may be originated in the county in which the child or the person having custody of the child resides or is domiciled at the time of________________ . Residence shall include a shelter for the homeless.
the filing of the petition
1015- lf another proceeding under this act directs the filing of an abuse or neglect petition, the venue of the article under which the (ORIGINAL OR ARTICLE 10?) proceeding is brought shall apply
ORIGINAL
1016- The court (SHALL/MAY) appoint an ____________ to represent a child who has been allegedly abused or neglected upon the earliest occurrence of the court receiving notice of the emergency removal of a child, an application for an order of removal or the filing of a petition alleging abuse or neglect.
Such appointment will continue until the expiration of any court orders or procedures.
SHALL…. “attorney for the child”
1017- In any proceeding where the court determines that a child must be removed from his or her home, the court shall direct the local commissioner of social services to locate any non-respondent parent of the child and any relatives of the child, including all of the child’s grandparents, all relatives or suitable persons identified by any respondent parent or any non-respondent parent and any relative identified by a child over the age of _______ as a relative who plays or has played a significant positive role in his or her life to inform them of the proceedings and the opportunity to become foster parents or to seek custody and care of the child
five………
1017 - (NEW)
5. (a) 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, the social services official or authorized agency
charged with custody or care of the child shall report 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
(b) When a child whose legal custody was transferred to the
commissioner of a local social services district resides in a qualified residential treatment program, and where such child’s initial placement or change in placement in such program commenced on or after September twenty-ninth, two thousand twenty-one, upon receipt of notice OF CHANGE OF PLACEMENT and motion of the local social services district, the court shall schedule a court review to make an assessment and determination of such placement. Notwithstanding any other provision of law to the contrary, such court review shall occur no later than ____________ from the date the placement of the child in the qualified residential treatment program commenced.
sixty days
1021- A peace officer acting pursuant to his special duties or a police officer or an agent of a duly authorized agency, association, society or institution may temporarily remove a child from his residence with the written consent of his or her __________________ if the child is suspected of being an abused or neglected child
parent or person responsible for his or her care
1021 - The officer or agent 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 ___________ and the right to be represented by counsel
1028
1021 - 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 ___________ after the petition is filed
THREE (3) COURT DAYS……….. the next court day
1022- The family court (MUST/MAY?) enter an order directing the temporary removal of a child before the filing of a petition if:
- A parent or other person was absent or if present refused to consent to the
temporary removal
AND
- The child appears to suffer from the abuse or neglect of the parent and the
immediate removal is necessary to avoid imminent danger to the child’s life or health
AND
- There isn’t enough time file a petition and hold a preliminary hearing
MAY
1022 - When a child protective agency applies to the court for such an immediate removal, the court shall calendar the matter ________ and continue the matter until a decision is made by the court
that day
1022 - At the conclusion of the hearing where it is determined that a child should be removed,The court shall set a date certain for _________________
an initial permanency hearing
1022 - 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 three court days of the
issuance of the order. The court shall hold a hearing pursuant to
section one thousand twenty-seven of this part no later than the __________ 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.
next court day
1022 - 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
TWENTY FOUR (24) HOURS
1022a - 1022a- At the time of the hearing the court shall advise the respondent of the allegations in the application and (SHALL/MAY?) appoint counsel for the respondent where the respondent is indigent
SHALL
