Article 3 Flashcards
A _____ hearing means a hearing to determine whether the respondent requires supervision, treatment, or confinement.
Dispositional
FCA 301.2
A designated class “A” Felony Act (13, 14, 15) are: murder 1 & 2 degree, kidnapping 1 degree, arson 1 degree, and ___________ (PL 130.91)
Sexually motivated felony
FCA 301.2
__________ is the agency or authority responsible for presenting a JD petition. (In NYC the agency is the corporation counsel or Assistant DA)
Presentment agency
FCA 301.2
In determining the jurisdiction of the court the age of such person at the time that _______ is controlling.
The delinquent act allegedly occurred
FCA 302.1
Generally, the provisions of the CPL (shall? Shall not?) apply to proceedings under this article
Shall not
FCA 303.1
T/F the court may issue a temporary order of protection only after motion on notice to the alleged JD.
False. The court may issue a TOP ex parte (without notice to the alleged JD)
FCA 304.2
At any time during the proceeding, the court may, upon motion of a respondent or its own motion and with the consent of the presentment agency substitute the JD petition by a ________ petition
Person in need of supervision (PINS)
FCA 311.4
After issuance of an appearance ticket for a ___________ (type of offense), the appearance time is within no later than 72 hours (excluding Sat., Sun. And holidays) after issuance
Designated felony
FCA 307
After issuance of an appearance ticket for _______ (type of offense), the appearance time is within no later than 14 days after issuance
Other than a designated felony
FCA 307
Who can originate a JD proceeding?
Presentment agency
FCA 310.1
JD summons and petition must be served at least _____ before the hearing.
24 hours
FCA 312.1
A ______ hearing means a hearing to determine whether the respondent committed the crime(s) alleged in the petition
Fact-finding
FCA 301.2
If respondent is detained, initial appearance must be no later than 72 hours after filing petition, or ____.
Next day court is in session, whichever is sooner
FCA 320.1
If respondent is not detained, initial appearance must not be later than ____ after petition is filed
10 days
FCA 320.2
At the initial appearance the court (may? / must?) appoint an attorney to represent the respondent if independent legal representation is not available to the respondent
Must
FCA 320.2
At fact-finding hearing (JD) evidence must be:
Competent, relevant & material (CRAM)
FCA 342.2
Evidentiary standard at fact-finding hearing (JD) is ______.
Proof beyond a reasonable doubt
FCA 342.2
If respondent is detained and not been found to have committed a designated felony, Dispositional hearing must be held not more than __ days after entry of fact-finding order.
10 days
FCA 350.1
After a finding that respondent committed an act other than a designated felony, the Dispositional hearing must be held no later than __ days after the fact-finding order
50 days
FCA 350.1
Dispositional hearing (JD) evidence and evidentiary standard are:
evidence (material and relevant) ; evidentiary standard (preponderance of the evidence)
FCA 350.3
JD conditional discharge maximum period is ______.
1 year
FCA 353.1
JD maximum probation is _____.
2 years ( can be extended by 1 year)
FCA 353.2
Maximum period of placement for JD is: felony ___ and for a misdemeanor ____.
18 months ; 12 months
FCA 353.2
Restrictive placement (designated class A felony) shall be a period of ___yrs.
5 years (and initially confined in a secure facility for 12-18 months)
FCA 353.5
Maximum JD restitution is ____.
$1,500
FCA 353.6
T/F At any proceeding under this article, the court must issue an order that the respondent be examined (by two qualified psychiatric examiners) when it is of the opinion that there is probable cause to believed that he is incapacitated person.
True
FCA 322.1
Generally, all pre-trial motions shall be filed within ____ days after initial appearance and before fact-finding hearing commences (or within 30 days of initial appearance of attorney for respondent)
30 days
FCA 332.2
T/F The general public may be excluded (at the discretion of the judge) from any proceeding under this article.
True
FCA 341.1
Unless the court deems otherwise, generally witnesses more than ____ years of age testify under oath. Under ____ years age testify without taking oath (unless court finds that child understands the oath)
9 year, 9 years
FCA 343.1
A petition for extension of placement shall be filed at least ___ days prior to the expiration of the period of placement, except for good cause shown, but in no event after original placement expiration date.
60 days
FCA 355.3
After a child is placed with the commissioner of social services or office of children and family services for a period of ___ months or more, an initial permanency hearing must be held no later than ___ months after respondent entered foster care.
12, 12
355.5
At a JD permanency hearing, court must consider and determine in its order, in the case of respondent who has attained the age of ____, if reasonable efforts were made to determine services needed to assist respondent to make transition from foster care to dependent living.
16
FCA 355.5
JD is person over __ and less than __ years of age who committed an act that would be a crime if committed by an adult and is not criminally responsible because of infancy, or who is a defendant in an action removed from the CC, pursuant to CPL 725
7, 16
FCA 301.2
Designated Class A felonies are: murder 1 & 2 degree, arson 1 degree, and ____ and ____.
kidnapping and sexually motivated felony
FCA 301.2
S/L for JD misdemeanors is 2 yrs. or up to respondent’s __ birthday, whichever occurs earlier.
18th
FCA 302.2
S/L for JD designated felonies is 5 years or respondent’s ___birthday, whichever occurs earlier
20th
FCA 302.2
Venue in JD proceeding is _____.
county in which acts allegedly occurred
FCA 302.3
The detention of a child under __ years of age in a secure facility shall not be directed under any provisions of the FCA
10
FCA 304.1
Fingerprints of JD must be taken if 11 or older and charged with _____.
A or B felony. (and if 13 or older, charged with C,D,E felony)
Upon receipt of fingerprint report from DCJS, the receiving office of agency must give 2 copies to FC and 2 copies to _____.
presentment agency (who will give one copy to respondent or his attorney)
FCA 306.2
Which of the following is not correct? A juvenile delinquent is a person:
A. over 7 and less than 16
B. who committed an offense
C. not criminally responsible for such conduct by reason of infancy
D. who is the defendant in an action ordered removed from a criminal court to a family court pursuant to CPL 725
B. who committed offense
FCA 301.2
Which of the following offenses is not a Class A felony act? A. murder 1 & 2 degree B. kidnapping 1 degree C. arson 1 degree D. reckless endangerment
D. reckless endangerment
FCA 301.2
A JD \_\_\_ be fingerprinted if he has committed an A or B felony and he is \_\_\_ or older. A. shall...11 B. may...11 C. shall...7 D. may ...10
A. shall…11
FCA 306.1
At a JD dispositional hearing the evidentiary standard is: A. preponderance of the evidence B. proof beyond a reasonable doubt C. reasonable evidence D. fair and reasonable evidence
A. preponderance of the evidence
FCA 350.3
A JD summons and petitions must be served at least \_\_\_\_ before the time started for appearance. A. 24 hours B. 1 day C. 72 hours D. 3 days
a. 24 hours
FCA 312.1
A JD may be of the age of: A. 6 B. 17 C. 13 D. 18
C. 13
FCA 301.2
Restitution in a JD proceeding in a maximum amount up to \_\_\_\_ can be ordered by the court. A. $1,000 B. $3,000 C. $10,000 D. None of the above
D. none of the above
FCA 353.6
correct answer is $1,500
A motion to seal a JD file after a finding cannot be made until the respondent has reached his \_\_\_birthday. A. 10th B. 14th C. 16th D. 18th
C. 16th
FCA 375.2
JD means a person over 7 and less than 16 years of age, who, having committed an act that would constitute a crime if committed by an adult,
1. is not criminally responsible for such conduct by reason
of infancy, or
2. is the defendant in an action ordered removed from a
CC to the FC pursuant to CPL 725
A. 1 only is correct
B. 2 only is correct
C. both 1 and 2 are correct
D. neither 1 nor 2 are correct
C. both 1 and 2 are correct
FCA 301.2
A permanency hearing is hearing to:
1. review foster care status of respondent
2. appropriateness of the permanency plan developed by
the commissioner of social services or the offices of
children and family services
A. Only statement 1 is correct
B. Only statement 2 is correct
C. Both statements 1 and 2 are incorrect
D. Both statements 1 and 2 are correct
D. Both statements 1 and 2 are correct
FCA 301.2
A designated class A felony act includes:
A. murder 1 & 2 degree, arson 1 degree (13, 14, 15) and kidnapping 1 degree
B. murder 1 & 2 degree and arson 1 degree (13, 14, 15) only
C. murder 1 & 2 degree and kidnapping 1 degree only
D. arson 1 degree (13, 14, 15) and kidnapping 1 degree only
A. murder 1 & 2 degree, arson 1 degree (13, 14, 15) and kidnapping 1 degree
FCA 301.2
Which is not correct? On application by presentment agency, court may issue a TOP against respondent:
A. on notice only
B. at any time after a juvenile is taken into custody
C. upon the issuance of an appearance ticket
D. upon filing of a petition
A. on notice only
FCA 304.2
Which of the following choices is not correct? The issuing person or agency shall forward a copy of the FC appearance ticket within 24 hours to: A. complainant B. respondent C. respondent's parent D. DCJS
D. DCJS
FCA 307.1
Upon application by the presentment agency, the court may issue a TOP against a respondent:
1. ex parte or on notice, or
2. at any time after a juvenile is taken into custody, or
3. upon the issuance of an appearance ticket, or
4. upon filing of a petition
A. Only statements 1, 2 and 4 are correct.
B. Only statements 2, 3 and 4 are correct
C. Only statements 1, 2 and 3 are correct
D. Statements 1, 2, 3, and 4 are all correct
D. Statements 1, 2, 3 and 4 are all correct
FCA 304.2
A JD petition must charge at least one crime and must contain which of the following?
1. name of FC in which filed
2. title of action
3. fact that respondent is under 16 at time of alleged acts
4. signature of assigned FC judge
A. Only statements 1, 2 and 4 are correct
B. Only statements 2, 3 and 4 are correct
C. Only statements 1, 2 and 3 are correct
D. Statements 1, 2, 3 and 4 are all correct
C. Only statements 1, 2 and 3 are correct
FCA 311.1
Which of the following choices are correct? At a fact-finding hearing:
1. Court SHALL permit parties to deliver opening addresses
2. Presentment agency MUST offer evidence
3. Respondent MAY offer evidence
4. Presentment agency MAY offer rebuttal evidence
A. Only statements 1 and 2 correct
B. Only statements 1, 2 and 3 are correct
C. Only statements 2, 3, 4 are correct
D. All 4 statements are correct
D. All 4 statements are correct
FCA 342.1
Court may not revoke an order of probation or conditional discharge unless:
1. court finds that respondent violated condition
2. respondent has had an opportunity to be heard
A. 1 only
B. 2 only
C. both 1 and 2
D. neither 1 nor 2
C. both 1 and 2
FCA 360.3
Appeal to appropriate appellate division may be taken as of right by respondent from an order of disposition. However, appeal to appropriate appellate division may be taken as of right by presentment agency only from:
1. an order dismissing a petition prior to the commencement of a fact-finding hearing
2. an order of disposition, but only on the ground that such order was invalid as a matter of law
3. an order suppressing evidence entered before commencement of fact-finding hearing
A. only statement 1 is correct
B. only statements 1 and 2 are correct
C. only statement 2 is correct
D. Statements 1, 2 and 3 are all correct
D. Statements 1, 2 and 3 are all correct
FCA 365.1
Choose the best answer: A proceeding where the alleged charge is _________ must be commenced within the statute of limitations period or respondent’s 20th birthday, whichever occurs earlier
A. a misdemeanor
B. a misdemeanor or felony other than designated felony
C. a designated felony
D. felony or designated felony
C. a designated felony
FCA 302.2
JD proceedings shall be originated in:
A. the county where the JD lives
B. the county where the JD lives or is domiciled
C. the county or adjoining county where the alleged acts occurred
D. None of the above
D. none of the above
FCA 302.3
