Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Family Court Act > Article 10 > Flashcards

Article 10 Flashcards

You may prefer our related Brainscape-certified flashcards:
SAT® Prep flashcards
1
Q

Aggravated circumstances can mean where a child is severely or repeatedly abused within _____ years after retuning home from foster care.

A

5 years

FCA 1012

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Aggravated circumstances can mean where parent has abandoned child under __ days old with intent that child be cared for in an appropriate manner.

A

5

FCA 1012

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

T/F? There may be concurrent proceedings in FC and criminal court

A

True

FCA 1014

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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) _____________.

A

Filing of petition alleging abuse or neglect

FCA 1016

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

FCA 1017

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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.

A

3

FCA 1021

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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 ____________.

A

Imminent danger to the child’s life or health.

FCA 1024

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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.

A

the next court day

FCA 1026

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

3 court days

FCA 1028

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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.

A

10 days

FCA 1029

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

An abuse or neglect proceeding maybe originated by 1) a child protective agency, or 2) __________

A

a person on the court’s direction

FCA 1032

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

2 court days; 3 court days

FCA 1036

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

24 hours

FCA 1036

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Service of an abuse petition upon a non-domiciliary or non-resident is required (outside NYS), service must be made within _____ if issuance.

A

10 days of issuance

FCA 1036

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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.

A

2 court days; 3 court days

FCA 1037(a)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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.)

A

1 year

FCA 1039

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

A finding of severe or repeated abuse shall be based on ___________________.

A

clear and convincing evidence

FCA 1052

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

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

A

True

FCA 1055

19
Q

T/F? Order of protection shall run concurrently with and expire with order of disposition or extension thereof

A

True

FCA 1056

20
Q

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.

A

6 months in

FCA 1072

21
Q

An abused to neglected “child” must be by definition under the age of __.

A

18

FCA 1012

22
Q

The venue of a child abuse proceeding is the county ____________.

A

where child or person having custody of child resides or is domiciled at tie of filing petition.

FCA 1015

23
Q

T/F? Respondent must be provided free counsel if indigent

A

True

FCA 1022-a

24
Q

T/F? Court may on its own motion substitute neglect petition for an abuse petition.

A

True

FCA 1031

25
Q

A child abuse summons be served within ___ days of issuance.

A

2

FCA 1036

26
Q

Child abuse summons and petition must be served at least ___ before the time stated for appearance.

A

24 hours

FCA 1036

27
Q

An Article 10 ACD is for a maximum period of ____.

A

1 year

FCA 1039

28
Q

Suspended judgment is for an initial period of a maximum of _____

A

1 year, and can be extended up to 1 more year

FCA 1053

29
Q

Supervision proceeding can be for initial period of up to 1 year and can be extended ___.

A

extended for additional period of up to 1 year

FCA 1057

30
Q

Willful failure to comply with Article 10 order can punished by jail up to ______.

A

6 months

FCA 1055

31
Q

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

A

B. 1 and 2

FCA 1012

32
Q

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.

A

C. In determining jurisdiction of the court under this article, the age of child at time the acts occurred is controlling.

FCA 1013

33
Q 
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
A

5

FCA 1017

34
Q

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

A

B. General public may be excluded by the court.

FCA 1043

35
Q

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

A

D. placing child under supervision

FCA 1052

36
Q 
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

A 1, 2 & 3

FCA 1046

37
Q

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

A. both 1 and 2

FCA 1021

38
Q

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

A

B. 1 and 3

FCA 1033-b

39
Q

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

A 1, 2 and 3

FCA 1036

40
Q

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

A

B. 1, 2 and 3

FCA 1037

41
Q

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

A

B. FC and criminal court can have concurrent proceedings

FCA 1014

42
Q

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

A

C. county where child resided at time child abuse act occurred

FCA 1015

43
Q

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

A. child protective agency or a person on the court’s own decision

FCA 1032

Family Court Act (21 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions