Article 2 Flashcards
The ________ establishes statewide forms (such as petitions, summons, warrants, subpoenas, undertakings and other orders authorized under the FCA)
State administrator
FCA 214
A child within court’s jurisdiction who appears to be mentally retarded may be ordered by court to be examined as provided ______________.
Mental hygiene law
FCA 231
If legal representation is not available to a minor, the FC must appoint one in the following proceedings: Articles __, __, __, __, __, __.
3, 7, 10, 10-A, 10-B, 10-C
FCA 248
T/F respondent is not permitted to waive right to be represented by proceeding to continue placement of a JD or PINS (FCA 756, 353.3) or to continue commitment to custody of commissioner of mental health or mental retardation and developmental disabilities (FCA 322.2)
True
FCA 248
Generally, rules of FC are statewide and are prepared by ________.
The administrative board of the judicial conference
FCA 212
The court shall file or direct the filing of a FC order within __ days of the decision of the court,OR within __ days of settlement of the order on notice.
20, 20
FC 217
T/F petitioner and respondent in FCA 10 proceeding are always entitled to red counsel if indigent
False
Only respondent is entitled
FCA 262
T/F a petitioner and respondent, if indigent, are entitled to free counsel in an article 8 proceeding
True
FCA 262
T/F a petitioner, if indigent, is entitled to free counsel in an article 5 proceeding
False
Only a respondent is so entitled
FCA 262
T/f clerk of FC shall use discretion in giving out petition forms to persons requesting them
False
FCA 216-b
T/F implementation of orders assigning counsel shall be as provided in article 18b of county law
True
FCA 262
T/F any person assisting in the preparation of a FC petition shall exclude irrational allegations presented by the petitioner
False
All allegations must be included
FCA 216-c
T/F generally, no clerk or probation officer may prevent any person who wishes to file a petition from having such petition filed with the court immediately
True
FCA 216-c
T/F if there is a question regarding whether or not the FC has jurisdiction, the clerk shall not assist in the preparation of a petition
False
Clerk must assist
FCA 216-c
FC orders must be filed where?
With clerk of FC in county of court making order
Which of the following is not correct? If legal representation is not available to a minor, the FC must appoint one in the following proceedings:
A. Articles 1, 2, 7, 10, 10-A, 10-B, 10-C
B. Where revocation of adoption consent is opposed (115-b of domestic relations law)
C. Proceeding under 358-a, 383-c, 384, 384-b of social services law
D. Where minor is sought to be placed in protective custody (FCA 158)
A. Articles 1, 2, 3, 7, 10, 10-A, 10-B, 10-C
It should be articles 3, 7, 10, 10-A, 10-B, 10-C
FCA 249
Which of the following two statements are correct? Generally, the clerk of the FC must not use discretion and common sense in giving out petition forms to persons requesting the them: 1. In family offense proceedings 2. In support proceedings A. Only 1 is correct B. Only 2 is correct C. Both 1 and 2 are correct D. Neither 1 or 2 are correct
C. Both 1 and 2 are correct
FCA 216-b
Any court employee assisting a petitioner who is not represented by counsel must:
A. Use discretion in listing the allegations of the petitioner
B. List only those allegations which do not charge a criminal offense
C. List all allegations, even if the person seems intoxicated
D. List only those allegations which can reasonably be verified
C. List all allegations, even if the person seems intoxicated
FCA 216-C
Which of the following statements relating to FC orders a false?
A. To be effective, an order must be signed with the judge’s signature or initials
B. The original of a FC order is filed with the county court
C. A FC order shall be in writing
D. The court shall file or direct the filing of such order
B. The original of a FC order is filed with the county court
FCA 217
Which of the following persons does not have the right to free counsel if unable to afford counsel?
A. Respondent in an article 10 proceeding
B. Petitioner or respondent (article 8 proceeding)
C. Parent of child seeking custody
D. Petitioner in an article 5 proceeding
D. Petitioner in an article 5 proceeding
FCA 262
Which of the following does NOT have the right to free counsel if unable to afford counsel?
A. Person liable to be punished for contempt
B. Parent of child who opposes adoption
C. Respondent in article 5 proceeding relating to establishment of paternity
D. Respondent in article 4 proceeding relating to support
D. Respondent in article 4 proceeding relating to support
FCA 262
Where a FC judge does not specify the manner in which an order must be served, the order must be served as per the applicable provision of the: A. CPL B. SCPA C. RPAPL D. CPLR
CPLR
FCA 217
Who prepares the rules of court for the FC?
A. The Chief Judge of the court of appeals
B. Each appellate division
C. The state administrator
D. Administrative board of judicial conference
D. Administrative board of judicial conference
FCA 212
The court must file or direct the filing of a FC order within \_\_\_\_\_\_ days of the court's decision or \_\_\_\_ days of settlement of the order on notice A. 20, 20 B. 30, 30 C. 45, 45 D. 60, 60
A. 20, 20
FCA 217
Which of the following are entitled to free counsel if indigent?
1. A respondent in a family offense proceeding
2. A petitioner in an article 8 proceeding
3. A petitioner in an article 5 proceeding
A. 1 only
B. 1 and 2 only
C. 2 and 3
D. 1, 2 and 3
B. 1 and 2 only
FCA 262
FC forms, such as those for warrants, subpoenas, petitions, summonses, etc. are promulgated by:
A. The state administrator and used statewide
B. The Chief Judge of the court appeals and used only in cities (population over a million)
C. Each appellate division and used only in that district
D. The estate administrator and used statewide
A. The state administrator and used statewide
FCA 214
