SSL 358 - A

Question 1

358-a DEPENDENT CHILDREN IN FOSTER CARE

(1) Initiation of proceeding
If a social services official determines that a child is likely to remain in foster care for more than _________ consecutive days pursuant to 384 or 384-a of social services law, the social services official shall initiate a proceeding for guardianship of the child.

Answer 1

30

Question 2

358-a DEPENDENT CHILDREN IN FOSTER CARE

(2) Contents of petition

1. Whether parent(s) or guardian executed the instrument because of inability to provide care.
2. A notice that if a child is in foster care for ________ of the most recent _________ months, the agency may be required to file a petition to terminate parental rights.
3. Names and addresses of persons required to be given notice.
4. Efforts made not to remove the child and to return the child safely home.
5. Request for temporary order transferring care and custody of child to social services official.
6. Statement that all requirements 384-a have been satisfied, including efforts to locate relative(s) and whether any relative expressed interest in becoming a foster parent of the child, or seeks custody of child.

Answer 2

15.. 22

Question 3

358-a DEPENDENT CHILDREN IN FOSTER CARE

Social services officials shall file supplemental information with the clerk of the court not later than _________ days prior to the proceeding hearing date.

Answer 3

10

Question 4

358-a DEPENDENT CHILDREN IN FOSTER CARE

Continuing jurisdiction of the court terminates when the child is ________ from placement and all orders regarding supervision, protection or services have expired.

Answer 4

discharged

Question 5

358-a DEPENDENT CHILDREN IN FOSTER CARE

Upon approving an instrument (petition) under this section, the court shall schedule a permanency hearing pursuant to FCA 10- A for a date not more than ________ months after the placement of the child into foster care.

Answer 5

8

Question 6

358-a DEPENDENT CHILDREN IN FOSTER CARE

Foster parent/parents in whose home child resides may make a motion to court to _________________

Answer 6

free the child for adoption.

Question 7

358-a DEPENDENT CHILDREN IN FOSTER CARE

Court may transfer custody and guardianship or care and custody of the child to ___________

Answer 7

social services official.

Question 8

358-a DEPENDENT CHILDREN IN FOSTER CARE

Reasonable efforts to prevent need from removing a child from its home need not be made if:

1. parent has subjected child to aggravating circumstances
2. parent was convicted of voluntarily attempting or soliciting or facilitating or guilty of actual murder in the first degree or manslaughter in the first degree and victim was another child of the parent, (or any other of the listed crimes).
3. parental rights of the parent to a sibling of the child have been involuntarily terminated.
   If the court determines that reasonable efforts are not required because of one of the above grounds, a permanency hearing shall be held within __________ days of the finding.

Answer 8

30

Question 9

358-a DEPENDENT CHILDREN IN FOSTER CARE

If the court grants the petition and transfers custody and guardianship to the local social services official, AND THE CHILD HAS ATTAINED THE AGE OF _______ , the court shall determine in its order the services and assistance needed to assist the child in learning independent living skills.

Answer 9

14

Question 10

358-a DEPENDENT CHILDREN IN FOSTER CARE

Service by publication shall be as per CPLR 316. However, a _____________ publication of the summons or other process with notice in ONE newspaper is sufficient.

Answer 10

SINGLE

Question 11

358-a DEPENDENT CHILDREN IN FOSTER CARE

Court shall appoint an ___________ to represent the child.

Answer 11

attorney

Question 12

358-a DEPENDENT CHILDREN IN FOSTER CARE

The following orders are deemed an order of disposition and appealable:

1. order _________ a petition filed by a social services official.
2. order granting or denying petition or motion filed by parent(s) or guardian for return of child

• Order may authorize __________
• • Social services officials have a duty to inquire regarding the suitability of a person exercising visitation rights.
• Placement shall be with ________________ , unless such placement is contrary to the child’s best interests.

Answer 12

Denying……. visitation……….. siblings

Question 13

358-a DEPENDENT CHILDREN IN FOSTER CARE

(Bard) Social services officials must report any foster care placement changes to the court and the attorneys for the parties, including the attorney for the child, within one business day.
For children placed in qualified residential treatment programs, the court must hold a review hearing within 60 days of the placement.