SSL 358-A, 358-C, 384, 384-B, 384-C

Question 1

SSL 384B Section 3
Proceeding for guardianship and custody under this article shall generally be originated in FC where article 10 proceeding was last heard (or in the ______ court if child was placed in foster care by that court).

Answer 1

Surrogate’s court

Question 2

SSL 384B Section 3
Unless filed in surrogate’s court where child was placed in foster care, OR (if there was no such proceeding) in the family court where article 10 proceeding was last heard (and to judge who heard proceeding) an article 384-b proceeding shall be originated in county where: 1. either parent of the child or child resides at the time of filing of petition, or
2. _______________.

Answer 2

2. county in which authorized agency has an office.

Question 3

SSL 384B Section 3
Petition is commenced by service of a petition on notice served upon parent(s) and their attorneys and ___________.

Answer 3

Other persons as surrogate or judge prescribe.

Question 4

SSL 384B Section 3 T/F?
Order committing guardianship and custody of child shall be based on preponderance of evidence.

Answer 4

False.
Clear and convincing proof.

Question 5

SSL 384B Section 3 T/F?
Husband/wife and physician/patient confidential communications privilege shall not be a ground for excluding evidence.

Answer 5

True

Question 6

SSL 384B Section 3
Order resulting from proceeding shall be filed with the ______.

Answer 6

County clerk in the county where such order was issued a certified copy of order shall be filed in the office of the county clerk in county where order was granted.

Question 7

SSL 384-B
If child is _____ or over, court may consider wishes of child regarding guardianship and custody.

Answer 7

14

Question 8

SSL 384B Section 3
Unless there are compelling reasons, authorized agency having custody of child shall file proceeding to terminate parental rights where child was in foster care for ___ months of most recent ___ months.

Answer 8

15 months / 22 months

Question 9

SSL 384B Section 7
A “permanently neglected child” is a child who: 1. is in care of authorized agency, and
2. ____________________.

Answer 9

parent has failed for a period of one year (or 15 of the last 22 months), after child came under care of authorized agency, to maintain contact or plan for future of child.

Question 10

SSL 384B Section 10 T/F?
When court transfers custody and guardianship to commissioner, the attorney for the agency shall inform persons approved as child’s adoptive parents of such fact and advise persons of procedures necessary for adoption of child.

Answer 10

True.

Question 11

SSL 383-C-1 A child in foster care shall mean a child in care of an authorized agency pursuant to SSL 384-a, or articles ___, ___, or ___ of Family Court Act.

Answer 11

3, 7, 10

Question 12

SSL 383-C-1 “surrender” is s written instrument committing the guardianship of the person and the custody of a child under the age of ____ to an authorized agency.

Answer 12

18

Question 13

SSL 383-C-2 T/F?
An authorized agency shall not accept a surrender instrument conditioned upon adoption by a particular person, unless person is a certified or approved foster parent.

Answer 13

True

Question 14

SSL 383-C-2 A surrender agreement may provide for communication or contact between the child and the child’s parent(s) and siblings (siblings ____ or over must consent in writing for agreement to be enforceable).

Answer 14

14

Question 15

SSL 383-C-3 T/F?
A judicial surrender becomes final and irrevocable immediately upon its execution and acknowledgment.

Answer 15

True

Question 16

SSL 383-C-4 Any witness may, if so commissioned, MAY / MAY NOT serve as notary in an extra-judicial surrender.

Answer 16

MAY

Question 17

SSL 383-C-4 Within ____ days after execution of surrender, the authorized agency shall file an application for approval of the extra-judicial surrender in the court:

Answer 17

15

Question 18

SSL 383-C-4 T/F? A person who received notice of a hearing to approve an extra-judicial surrender may not challenge the validity of an approved surrender in any other proceeding.

Answer 18

True

Question 19

SSL 383-C-5 T/F? A judicial surrender instrument shall state that surrender becomes final and irrevocable immediately upon execution.

Answer 19

True

Question 20

SSL 383-C-5 Revocation of an extra-judicial surrender is effective if it is in writing and postmarked or received by the court named in the surrender within ____ days of the signing of the surrender.

Answer 20

45

Question 21

SSL 383-C-5 Surrender shall be recorded in the office of the ____ in the county where the surrender was executed or where principal office of such agency is located, in a book kept under seal and subject to inspection only as provided by SSL 372 sub 3 and 4.

Answer 21

County Clerk

Question 22

SSL 383-C-5 T/F?
Surrender, surrender instrument, and surrender paper shall refer exclusively to adoption of children in foster care.

Answer 22

True

Question 23

SSL 383-C-6 If Court disapproves the surrender, of If revocation of a non-judicial surrender is mailed and postmarked or delivered to court within ___ days of execution of surrender, surrender shall be deemed a nullity and child shall be returned to authorized agency.

Answer 23

45

Question 24

SSL-383-C-6 T/F?
If revocation of a non-judicial surrender is mailed and postmarked or delivered to court after 45 days of execution of surrender and child was not placed with adoptive parents, surrender shall be deemed a nullity and child shall be returned to authorized agency.

Answer 24

True

Question 25

SSL 383-C-6 T/F? A surrender for adoption executed by a parent, parent or guardian who is in foster care shall be executed only before a judge on the Family Court.

Answer 25

True

Question 26

SSL 383-C-6 Adoption proceeding in the case of an extra-judicial surrender shall be initiated more than ___ days after the surrender is executed.

Answer 26

45

Question 27

SSL 383-C-6b Persons having custody of child for more than ___ months have rights to intervene in any proceeding commenced to set aside a surrender. Intervention may be made anonymously or in the true name of such person.

Answer 27

12

Question 28

SSL 384-c 4 Notice shall be given at least ___ days prior to the date of the proceeding by delivering a copy of the petition and notice of petition.

Answer 28

20 Days

Question 29

SSL 384-c 6 T/F? Notice must state among other things that failure to appear may result without further notice in the transfer or commitment of the child’s adoption.

Answer 29

TRUE