Article 3 Juvenile Delinquency Flashcards
FCA 301.2 1.
Select the least correct statement. A Juvenile Delinquent under Article 3 of the Family Court Act is a person:
(a) At least 12, and less than 18, who commits a Felony if committed by an adult.
(b) Over 16, and less than 17, or over 16 and less than 18 commencing 10/1/2019, who commits a Violation, if committed by an adult.
(c) Over 17, and less than 12, who commits one of several serious or aggravated felonies.
(d) Who is not criminally responsible by reason of infancy.
(d) FCA 301.2 1.
(Amended, 2022)
Statement (d) is missing another component, which is: “or, the defendant is in an action ordered removed from a Criminal Court to the Family Court pursuant to Article 725 of the Criminal Procedure Law.” Eff. 12/29/22, Ch. 38, L. 2022.
FCA 301.2 8.
Which of the following statements is correct?
(1) a “designated felony act” is essentially an act which, if done by an adult would be a crime.
(2) there are only a small limited number of offenses which can be deemed a designated felony act.
(a) both are true
(b) both are false
(c) only option 1 is correct
(d) only option 2 is correct
(c) FCA 301.2 8.
(Amended, 2022)
Statement 1 is correct. As to statement 2, numerous offenses are listed for various age brackets of the offender, which are effective until 12/29/22, per Ch. 810, L. 2021 when they are replaced by a new and revised subdivision 8, per Ch. 38, L.2022.
FCA 301.2 12.
Which of the following may originate a juvenile delinquency proceeding:
(a) a police officer
(b) any peace officer
(c) a presentment agency
(d) the division of social service
(c) FCA 301.2 12.
The presentment agency means the authority which is responsible for presenting the juvenile delinquency petition.
FCA 302.1/2
In determining the jurisdiction of the court over an alleged juvenile delinquent, which of the following is the controlling time factor?
(a) at the time of arrest
(b) at the time of the initial appearance
(c) at the time of the fact finding hearing
(d) at the time the delinquent act allegedly was committed
(d) FCA 302.1/2
The controlling fact is the age of the juvenile on the date of the commission of the act. The fact that the respondent is a person under the age of 16 years at the time of the alleged act or acts must be contained in the petition.
FCA 302.3
When juvenile delinquency proceedings have been originated in the county in which the acts referred to in the petition occurred, which of the following is the best statement in describing the family court’s jurisdiction in transferring the proceedings?
(a) the court may order the proceedings to another county only upon the motion of the appropriate presentment agency.
(b) the court may order the proceedings transferred to another county upon the motion of the appropriate presentment agency or the respondent.
(c) the court must order the proceedings transferred to another county upon the motion of the appropriate presentment agency and the respondent.
(d) the court may order the proceedings transferred to another county upon the motion of the appropriate presentment agency or the respondent, only after fixing such conditions which the court deems equitable and appropriate.
(b) FCA 302.3
Juvenile delinquency proceedings must be commenced within the county in which the act referred to in the petition allegedly occurred. The motion for a transfer to another county must be made by the respondent or the presentment agency of the county where the proceedings originated. It is not necessary for both the respondent and the presentment agency to make the motion for transfer. The court may impose such conditions as it deems appropriate to ensure that the transfer does not subject the respondent to an unreasonable burden in making his defense only when the motion for transfer is made by the presentment agency.
FCA 302.3(4)
Except for designated felony act petitions, after entering a finding establishing the commission of a crime or crimes, the court may, in its discretion and for good cause shown:
(a) order that the proceedings be transferred to the county in which the respondent resides, forthwith.
(b) order that the proceedings be transferred to the county in which the respondent resides only if it grants either the respondent or the presentment agency an opportunity to approve or disapprove of the transfer.
(c) order that the proceedings be transferred to the county in which the respondent resides only after granting the presentment agency the opportunity to approve or disapprove of the transfer.
(d) not order the proceedings transferred to the county in which the respondent resides unless it grants the respondent and the presentment agency an opportunity to state on the record whether each approves or disapproves of such transfer and the reasons therefore.
(d) FCA 302.3(4)
This section of the FCA is new. The prior section applied to cases heard outside of New York City but still excludes cases in which a finding is a designated felony act. The section provides for the court in its discretion to transfer a case to the county where the respondent resides after a finding has been entered that the respondent has committed a crime. Both the respondent and the presentment agency must be given an opportunity to approve or disapprove of the transfer.
FCA 303.1 & 303.2
1. The provisions of the Criminal Procedure Law shall not apply to juvenile delinquency proceedings unless the applicability of such provisions are specifically prescribed.
2. The double jeopardy provisions of the Criminal Procedure Law (Article 40) shall apply to juvenile delinquency proceedings.
(a) Both statements are correct.
(b) Both statements are incorrect.
(c) One statement is correct.
(a) FCA 303.1 & 303.2
Statement number one is correct per the Family Court Act and the applicable sections.
FCA 304.1(3)
True or False: The detention of a child under 13 years of age in a secure detention facility, shall not be directed under any provisions of Article 3.
(T) FCA 304.1(3)
(Amended, 2022)
Unless such child is at least 10 years old and is considered a Juvenile Delinquent pursuant to Section 301.2/1(a)(iii). Nor shall the detention of a child adjudicated solely for a “violation” added Eff. 12/29/22, Ch. 38, L.2022.
FCA 305.1
A private person may take a child under the age of sixteen into custody in cases in which he may arrest an adult for a crime under section 140.30 of the CPL, provided that after taking such child into custody, the private person must take the child without unnecessary delay:
(1) to the child’s home
(2) to a family court
(3) to the private person’s home
(4) to a police or peace officer
(a) 1 & 2 only
(b) 2 only
(c) 3 & 4 only
(d) 3 only
(e) 1, 2, & 4 only
(e) FCA 305.1
A private person may take a child under the age of sixteen into custody without a warrant (140.30 CPL). Before taking the child into custody, a private person must inform the child of the charge and require him to submit, except when he is taken into custody on pursuit immediately after the commission of the crime. The child must be taken to any of the selections in the question, except the home of the private person. Hence, answers 1,2, & 4 are correct.
FCA 306.1 1.(a),(b); 2.
Following the arrest of a child alleged to be a juvenile delinquent, which of the following statements is/are correct regarding the taking of fingerprints of such child?
(1) fingerprints shall be taken if the child is at least 12 years of age or older and the crime charged constitutes a class A or B felony.
(2) fingerprints shall be taken if the child is thirteen years of age or older and the crime charged constitutes a class C, D or E felony.
(3) only where the crime charged constitutes an A or B felony is it required that the photograph and palm prints of the arrested child be taken.
(a) 1 & 2 only
(b) 1 & 3 only
(c) 2 & 3 only
(d) 1, 2 & 3
(a) FCA 306.1 1.(a), (b);2.
1 & 2 are correct. Effective until 12/30/22 child is “at least 12” years of age per Ch. 810, L. 2021. Subdivision 2 of 306.1 tells us that whenever fingerprints are required as is the case in (1) and (2) of the answer, the photograph and palm prints of the arrested child may also be taken. NOTE: The fingerprints taken shall, without unnecessary delay, be sent to the division of criminal justice services. The appropriate officer or agency who took the prints shall not retain the prints or any copy thereof. However, photographs and palm prints shall be kept confidential and in the exclusive possession of such agency and kept separate and apart from the files of adults.
FCA 307.1 (1)
A family court appearance ticket is written notice directing a child and his or her parent or other person legally responsible for the child’s care to appear:
(1) at a designated probation service
(2) without security
(3) is issued and subscribed by a police officer or peace officer
(a) 1 only
(b) 1 & 2 only
(c) 2 & 3 only
(d) 1, 2 & 3
(d) FCA 307.1 (1)
The family court appearance ticket may also be issued by a probation service director or his designee or the administrator responsible for operating a detention facility or his designee. The appearance ticket specifies the return date in connection with the child’s alleged commission of the crime specified on the appearance ticket.
FCA 307.1 2.
If the crime alleged to have been committed by a child is a designated felony under FCA 301.2, the return date of the family court appearance ticket shall be:
(a) 72 hours including Saturdays, Sundays and public holidays.
(b) 72 hours excluding Saturdays, Sundays and public holidays.
(c) 7 days including Saturdays, Sundays and public holidays.
(d) 24 hours after the issuance of the appearance ticket.
(b) FCA 307.1 2.
72 hours excluding Saturdays, Sundays and public holidays.
FCA 308.1 9.
Efforts at adjustment in a juvenile delinquency case by the probation service may not extend for what period of time without leave of the court?
(a) 1 month
(b) 2 months
(c) 3 months
(d) 4 months
(c) FCA 308.1 9.
(Amended, 2022)
Every juvenile delinquency case must be referred to the county probation service for consideration as to whether the case should be adjusted. This process may not extend for a period of more than three months and a further two month period may be granted by the court. If the case is not adjusted, the probation service shall notify the presentment agency referring the matter for possible prosecution.
FCA 311.1
The petition in a juvenile delinquency proceeding must contain:
(1) name of the family court in which it is filed and the fact that the respondent is under sixteen years of age.
(2) a separate count addressed to each crime charged.
(3) a statement in each count that the crime charged was committed on or about a designated date or period of time.
(4) the fact that the respondent is a person under 15 years of age at the time of the alleged act(s).
(a) 1 & 2 only
(b) 2 & 3 only
(c) 1, 2 & 3 only
(d) 1, 2, 3 & 4
(c) FCA 311.1
The petition must also contain: the title of the action, the precise crime or crimes charged, a statement that crime charged was committed in a designated county, concise factual statement asserting facts supporting every element of the crime charged, name or names of other persons who are charged as co-respondents and a statement that the respondent requires supervision, treatment or confinement.
FCA 311.3
When two or more respondents are charged in separate petitions with the same crime or crimes the court shall conduct:
(a) a single fact finding hearing only.
(b) a consolidated fact finding hearing only.
(c) a single or a consolidated fact finding hearing.
(d) a joint fact finding hearing.
(c) FCA 311.3
Any respondent may be granted a discretionary fact finding hearing separate from the other respondents upon motion of the presentment agency or a respondent. Such a motion must be made within 30 days of the conclusion of the initial appearance and before the fact finding hearing. The court shall conduct either a single or consolidated fact finding hearing. The term joint fact finding hearing has no application at all.
FCA 311.5
Upon application of the presentment agency the court may order the amendment of a petition with respect to defects, errors or variances from the proof. A petition may not be amended for curing which of the following?
(1) matters of form, time, place, names of persons and the like.
(2) a failure to charge or state a crime.
(3) legal insufficiency of the factual allegations.
(4) a misjoinder of crimes.
(a) 1 only
(b) 2 only
(c) 3 & 4 only
(d) 2, 3 & 4 only
(d) FCA 311.5 2.
At any time before or during the fact finding hearing, the court may, upon the application of the presentment agency, with notice to the respondent for the opportunity to be heard, order the amendment. Variances from the proof which relate to matters of form, time, place and names of persons and the like, when such amendment does not tend to prejudice the respondent on the merits may be allowed.
FCA 312.1
Service of a summons and petition shall be made by delivery of a true copy thereof to the person summoned at least how many hours before the time stated in the summons for appearance?
(a) 72 hours
(b) 48 hours
(c) 36 hours
(d) 24 hours
(d) FCA 312.1
This section clearly states that the time in which the summons must be served before the initial appearance in the family court is at least 24 hours. If, after reasonable efforts, personal service cannot be made, the court may at any stage in the proceedings make an order providing for service in any manner the court directs. Such service is usually by substituted service under 308.4 CPLR.
FCA 312.2
The court may issue a warrant directing that the respondent personally be brought before the court when a petition has been filed and it appears that:
(1) a summons cannot be served.
(2) such person refused to obey the summons or family court appearance ticket.
(3) the respondent is likely to leave the jurisdiction.
(4) a summons, in the court’s opinion, would be ineffectual.
(5) a respondent has failed to appear.
(a) 1 & 2 only
(b) 1, 2 & 3 only
(c) 2 & 5 only
(d) 2, 3 & 5
(e) 1, 2, 3, 4 & 5
(e) FCA 312.2
The court may issue a warrant directing that the respondent personally or other person legally responsible for his or her care or, if such legally responsible person is not available, a person with whom he or she resides, be brought before the court when a petition has been filed when any of answer “e”, 1,2,3,4, or 5 is apparent. When a warrant is issued due to the respondent’s failure to appear for a scheduled court date, the court shall adjourn the matter to a date certain within 30 days for a report on the efforts made to secure the respondent’s appearance in court. Note that all warrants issued by the family court in any family court article dealing with the issuance of a warrant, the answer “e” to this question shall apply.
Note subdivision 3 regarding juvenile arrested pursuant to a warrant under Sec. 312/2.
FCA 315.1 3.
An order dismissing a petition as defective may be issued upon motion of the respondent or the court itself. Such motion shall be filed:
(a) within 10 days after the conclusion of the initial appearance and before the commencement of the fact finding hearing.
(b) within 30 days after the conclusion of the initial appearance and before the commencement of the fact finding hearing.
(c) at any time before the commencement of the dispositional hearing.
(d) within 30 days after the commencement of the fact finding hearing.
Answer (b) FCA 315.1/332.2
A petition or count thereof is defective when it does not conform to the requirements of section FCA 311.1 The petition may not be dismissed but instead be amended when the defect may be cured. A motion to dismiss under 315.1 must be made as provided for in section FCA 332.2 - within 30 days after the conclusion of the initial appearance and before the fact finding hearing.
FCA 315.3
An adjournment in contemplation of dismissal (ACD) may not exceed which period of time?
(a) 3 months
(b) 6 months
(c) 9 months
(d) 1 year
(b) FCA 315.3
An adjournment in contemplation of dismissal is an adjournment of the proceeding for a period of not to exceed six months, with a view to ultimate dismissal of the petition in furtherance of justice. Upon issuing such order, the court must release the respondent. The court may, as a condition of an ACD order, in cases where the record indicates that the consumption of alcohol may have been a contributing factor, require the respondent to attend and complete an alcohol awareness program.
FCA 320.2/320.3
Which of the following is least correct regarding the initial appearance of an alleged juvenile delinquent?
(a) if the respondent is detained the initial appearance shall be held no later than 72 hours after a petition is filed or the next day court is in session, whichever is sooner.
(b) the court may appoint an attorney to represent the respondent.
(c) the clerk of the court shall notify the presentment agency as to the date of the initial appearance.
(d) respondent shall be advised as to his or her right to remain silent and the right to be represented by counsel of his or her own choosing or by an attorney assigned by the court.
(b) FCA 320.2/320.3
At the initial appearance (a) (c) & (d) are required. As to answer (b), the court must appoint an attorney to represent the respondent. In addition, the respondent and his or her parent or person legally responsible for his or her care, shall be advised as to the right to remain silent and the right to be represented by counsel chosen by him or by an attorney assigned by the court.
FCA 320.4/321.1
Of the following statements, which correctly state the procedure at the initial appearance?
(1) the presentment agency must furnish a copy of the petition to the respondent and his or her counsel.
(2) the court shall determine whether detention is necessary.
(3) the court shall determine the date of the fact finding hearing.
(4) the respondent shall admit or deny each charge in the petition.
(a) 1 & 2 only
(b) 1 & 4 only
(c) 2 & 3 only
(d) 1, 2, 3 & 4
(d) FCA 320.4/321.1
All statements are correct. The initial appearance is an arraignment- like procedure as found in the courts of criminal jurisdiction. The court shall also determine whether the case should be referred to the probation service if the petition alleges the commission of a designated felony act and, if the child is detained, the date of the probable cause hearing, if not already held. It is also important to note that if the respondent refuses to admit or deny each charge or remains mute, the court must enter a denial in his behalf as to any charge neither admitted nor denied.
FCA 322.2
Upon receipt of an examination report ordered under section 322.1 regarding a possible incapacitated respondent, the court shall comply with each of the following steps except:
(a) Conduct a hearing to determine whether the respondent is incapacitated.
(b) Notify the respondent, his or her or counsel, the presentment agency and the Commissioner of Mental Health or Commissioner of Developmental Disabilities, as appropriate, of such hearing.
(c) Notify parties in statement (b) at least 7 business days prior to date of hearing and afford an opportunity to be heard.
(d) If it finds respondent is not an incapacitated person, continue the delinquency hearings.
(e) If it finds the respondent is an incapacitated person, schedule a hearing to determine whether there is probable cause to believe that the respondent committed crime.
Answer (c) FCA 322.2
The correct number of days is “at least five days.” “Business days” are not stipulated.
FCA 322.2
If the court finds that there is probable cause to believe that the respondent…
(1) committed a misdemeanor, the respondent shall be committed to the custody of the appropriate commissioner for a period not to exceed 90 days.
(2) committed a felony, it shall order the respondent committed to the custody of the Commissioner of Mental Health or the Office for People with Developmental Disabilities for an initial period not to exceed one year from the date of such order.
(a) Only statement 1 is correct.
(b) Both statements are correct.
(c) Only statement 2 is correct.
(d) Both statements are incorrect.
Answer (b) FCA 322.2
Both statements are correct.
FCA 322.2
The commissioner having custody of the respondent:
(a) May arrange for treatment in an appropriate facility or program, including an outpatient program, but for misdemeanors only.
(b) May arrange for treatment in an appropriate facility or program, including an outpatient program, but for felonies only.
(c) May not arrange as in options (a) or (b).
(d) May arrange as in option (a) and (b) for both misdemeanors and felonies, unless the court specifies that such commitment shall be in a residential facility.
Which is the most correct option?
Answer (d) FCA 322.2
May arrange for treatment in an appropriate facility or program, including an outpatient for both misdemeanors and felonies, unless the court specifies that such commitment shall be in a residential facility.
FCA 322.2
If the court finds that there is probable cause to believe that the respondent has committed a ________ ________ _______, the court shall require that treatment be provided in a _________ facility within the appropriate office of the Department of ________ ________ or in an _________ facility if the commissioner petitions the court and the court approves.
(a) specified criminal act; residential; Mental Hygiene; outpatient
(b) designated felony act; specialized; Social Services; in-patient
Answer (a) FCA 322.2
If the court finds that there is probable cause to believe that the respondent has committed a specified criminal act, the court shall require that treatment be provided in a residential facility within the appropriate office of the Department of Mental Hygiene or in an outpatient facility if the commissioner petitions the court and the court approves.
FCA 325.1
The probable cause hearing in a juvenile delinquency proceeding may be adjourned for good cause shown, for how many court days?
(a) 3 court days
(b) 4 court days
(c) 7 court days
(d) 10 court days
(a) FCA 325.1
If the respondent denies a charge at the initial appearance and the court determines that he shall be detained for more than three days pending a fact finding hearing, the probable cause hearing shall be held within three days of the initial appearance or within four days following the filing of the petition, which ever occurs sooner.
FCA 325.3
Please state the least correct answer. At the conclusion of the probable cause hearing the court shall:
(a) determine whether it is reasonable to believe that a crime was committed.
(b) determine whether it is reasonable to believe that the respondent committed such crime.
(c) adjourn the case if the court does not find that there is reasonable cause to believe that the respondent committed the crime charged.
(d) dismiss the case with prejudice if the court or the presentment agency cannot hold a probable cause hearing within 3 days following the initial appearance.
(d) FCA 325.3
Be careful — this question is looking for the least correct answer.
Answers “a” , “b” and “c” are correct and recite the section. The court may dismiss the petition without prejudice to the presentment agency thus affording it a second opportunity at a probable cause hearing. The court may also adjourn the hearing if it cannot be held pursuant to FCA 325.1
