Article 10 Flashcards
Aggravated circumstances can mean where a child is severely or repeatedly abused within _____ years after retuning home from foster care.
5 years
FCA 1012
Aggravated circumstances can mean where parent has abandoned child under __ days old with intent that child be cared for in an appropriate manner.
5
FCA 1012
T/F? There may be concurrent proceedings in FC and criminal court
True
FCA 1014
Court shall appoint attorney for child on earliest of following (a) emergency removal of child, (b) application for emergency removal of a child prior to filing of a petition, or (c) _____________.
Filing of petition alleging abuse or neglect
FCA 1016
In a proceeding where the court will remove a child from the home, the court shall direct social services to notify any non-responding parent and suitable relatives of the pendency of the proceeding and the opportunity of becoming foster parents or seeking custody of the child. Such relatives include those identified by a child over the age of _____ as being significant in the child’s life.
5
FCA 1017
When a peace officer acting pursuant to special duties, police officer, or agent of authorized agency, association or institution may temporarily remove neglected child without court order and with consent, petition must be filed within __ court days of removal and hearing shall be held no later than the next court day after petition is filed.
3
FCA 1021
A peace officer, acting pursuant to his special duties, or a policer officer, law enforcement official, agent of duly authorized society, physician or a designated employee of a city or county department of social services may remove a child without a court order when there is ____________.
Imminent danger to the child’s life or health.
FCA 1024
After emergency removal of child from home without a court order, if child is not returned to parents, a petition must be filed the next court day after removal (court may order an extension of up to 3 court days these after removal of child) and the hearing shall be held no later than __________ after the petition is filed.
the next court day
FCA 1026
Parent person responsible, or counsel may make application for return of child temporarily removed. Hearing shall be held within _________ of application and shall not be adjourned
3 court days
FCA 1028
FC, upon application of any person who may originate in article 10 proceeding, may issue a TOP before or after the filing of a petition. If TOP is granted before filing of petition and then petition is not filed within ____ days, the order shall be vacated.
10 days
FCA 1029
An abuse or neglect proceeding maybe originated by 1) a child protective agency, or 2) __________
a person on the court’s direction
FCA 1032
Summons and petition (abuse case only) must be served within ___ court days of issuance. If they cannot be served within that time, such facts must be reported to the within ___ court days of issuance
2 court days; 3 court days
FCA 1036
Service of a summons and petition (abuse and neglect) shall be made by delivery of a true copy to the person summoned at least ____ before the time stated for appearance
24 hours
FCA 1036
Service of an abuse petition upon a non-domiciliary or non-resident is required (outside NYS), service must be made within _____ if issuance.
10 days of issuance
FCA 1036
Warrant shall be marked on its face “Child Abuse Case,” and warrant must be served within ___ court days of issuance. If not served, it must be reported to court within ___ court days of issuance.
2 court days; 3 court days
FCA 1037(a)
Prior to or upon fact-finding, court upon motion of respondent and consent of petitioner, order an ACD for a period not to exceed ____ (court may extend upon agreement of all parties.)
1 year
FCA 1039
A finding of severe or repeated abuse shall be based on ___________________.
clear and convincing evidence
FCA 1052
T/F? Placement may be continued up to child’s 18th birthday without consent, but may be extended with consent up to child’s 21st birthday
True
FCA 1055
T/F? Order of protection shall run concurrently with and expire with order of disposition or extension thereof
True
FCA 1056
Failure to comply with the terms and conditions of supervision, penalty for willful failure to comply with terms of supervision or OP, and making any order court could have made a time of supervision order, or up to _______ jail.
6 months in
FCA 1072
An abused to neglected “child” must be by definition under the age of __.
18
FCA 1012
The venue of a child abuse proceeding is the county ____________.
where child or person having custody of child resides or is domiciled at tie of filing petition.
FCA 1015
T/F? Respondent must be provided free counsel if indigent
True
FCA 1022-a
T/F? Court may on its own motion substitute neglect petition for an abuse petition.
True
FCA 1031
A child abuse summons be served within ___ days of issuance.
2
FCA 1036
Child abuse summons and petition must be served at least ___ before the time stated for appearance.
24 hours
FCA 1036
An Article 10 ACD is for a maximum period of ____.
1 year
FCA 1039
Suspended judgment is for an initial period of a maximum of _____
1 year, and can be extended up to 1 more year
FCA 1053
Supervision proceeding can be for initial period of up to 1 year and can be extended ___.
extended for additional period of up to 1 year
FCA 1057
Willful failure to comply with Article 10 order can punished by jail up to ______.
6 months
FCA 1055
Aggravated circumstances means either:
1. where a child is severely or repeatedly abused within 5 years after returning home from foster care
2. parent has in certain circumstances failed to engage in services to prevent neglect or abuse
3. parent has abandoned child under 1 year old with intent that child be cared for in an appropriate manner
A. 1 only
B. 1 and 2
C. All 3 are correct
D. Only 2 and 3
B. 1 and 2
FCA 1012
Which of the following statements is not correct?
A. FC has exclusive original jurisdiction over FCA 10 proceedings alleging abuse or neglect of child.
B. FC has jurisdiction even if CC has jurisdiction over facts alleged in petition or complaint
C. In determining jurisdiction of the court under this article, the age of child at time the acts occurred is controlling.
D. A case cannot be brought after child is 18, even though acts may have occurred earlier.
C. In determining jurisdiction of the court under this article, the age of child at time the acts occurred is controlling.
FCA 1013
In a proceeding where the court will remove a child from the home, the court shall direct social services to notify any non-responding parent and suitable relatives of the pendency of the proceeding and the opportunity of becoming foster parents or seeking custody of the child. Such relatives include those identified by a child over the age of \_\_\_ as being significant in the child's life. A. 5 B. 7 C. 10 D. 12
5
FCA 1017
Which of the following statements relating to abuse hearings is correct?
A. Evidence at fact-finding must be material and relevant
B. General public may be excluded by the court.
C. Determination (fact-finding) must be based on proof beyond a reasonable doubt
D. Evidence at dispositional hearing must be material, relevant and competent
B. General public may be excluded by the court.
FCA 1043
Which of the following is a valid disposition of an abuse petition?
A. suspended judgment for initial period of 2 years
B. releasing child on its own recognizance
C. placing respondent in jail up to 1 year
D. placing child under supervision
D. placing child under supervision
FCA 1052
Evidence at an article 10 fact finding hearing must be: 1. material 2. relevant 3. competent A. 1, 2, 3 B. 1 and 3 C. 2 and 3 D. 1 and 2
A 1, 2 & 3
FCA 1046
A peace officer acting pursuant to special duties, a police officer, or agent authorized agency, association or institution may temporarily remove a neglected child if:
1. written consent of guardian is obtained
2. the child is suspected of being neglected or abused
A. both 1 and 2
B. neither 1 nor 2
C. 1 only
D. 2 only
A. both 1 and 2
FCA 1021
At the initial appearance, the court shall:
1. appoint a law guardian for the child
2. appoint counsel for all respondents
3. advise respondent of his right to a 1028 hearing (hearing for the return of the child)
A. 1, 2 and 3
B. 1 and 3
C. 2 and 3
D. 1 and 2
B. 1 and 3
FCA 1033-b
Which of the following 3 statements relating to service of an FCA 10 summons and petition (abuse) are correct?
1. The summons and petition must be served within 2 court days of issuance
2. If the summons and petition cannot be served within the specified time, such facts must be reported to the court within three court days of issuance
3. Service of a summons and petition shall be made by delivery of a true copy to the person summoned at least 24 hours before the time slated for appearance
A. 1, 2 and 3
B. 1 and 3
C. 2 and 3
D. 1 and 2
A 1, 2 and 3
FCA 1036
As per FCA 1037, the court may issue a warrant in an FCA article 10 proceeding if:
1. the summons cannot be served
2. the summoned person has refused to obey the summons
3. summons, in the court’s opinion, would be ineffectual
4. respondent on bail or parole has failed to appear
A. 1, 2, 3 and 4
B. 1, 2 and 3
C. 1, 2 and 4
D. 1, 3 and 4
B. 1, 2 and 3
FCA 1037
Which of the following statements relating to a child abuse proceeding is correct?
A. FC cannot transfer proceeding to criminal court
B. FC and criminal court can have concurrent proceedings
C. FC cannot grant respondent testimonial immunity
D. FC proceedings are criminal in nature
B. FC and criminal court can have concurrent proceedings
FCA 1014
Which of the following is false? VENUE of a proceeding under article 10 of the FCA may be:
A. county where child resides at time petition is filed
B. county of residence of the person who has custody of the child
C. county where child resided at time child abuse act occurred
D. county of domicile of the person who has custody of the child
C. county where child resided at time child abuse act occurred
FCA 1015
Choose the best answer. Of the following, who can originate a child protective proceeding?
A. child protective agency or a person on the court’s own decision
B. child protective agency or a friend of the household.
C. child protective agency or a witness
D. child protective agency or a relative of infant.
A. child protective agency or a person on the court’s own decision
FCA 1032
