Article 3 Juvenile Delinquency Flashcards

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1
Q

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.

A

(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.

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2
Q

 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

A

(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.

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3
Q

 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

A

(c) FCA 301.2 12.
The presentment agency means the authority which is responsible for presenting the juvenile delinquency petition.

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4
Q

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

A

(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.

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5
Q

 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.

A

(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.

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6
Q

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.

A

(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.

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7
Q

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

(a) FCA 303.1 & 303.2
Statement number one is correct per the Family Court Act and the applicable sections.

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8
Q

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.

A

(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.

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9
Q

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

A

(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.

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10
Q

 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

(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.

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11
Q

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

A

(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.

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12
Q

 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.

A

(b) FCA 307.1 2. 
72 hours excluding Saturdays, Sundays and public holidays.

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13
Q

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

A

(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.

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14
Q

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

A

(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.

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15
Q

 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.

A

(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.

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16
Q

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

A

(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.

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17
Q

 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

A

(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.

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18
Q

 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

A

(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.

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19
Q

 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.

A

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.

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20
Q

 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

A

(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.

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21
Q

  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.

A

(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.

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22
Q

 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

A

(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.

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23
Q

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.

A

Answer (c) FCA 322.2
The correct number of days is “at least five days.” “Business days” are not stipulated.

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24
Q

 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.

A

Answer (b) FCA 322.2 
Both statements are correct.

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25
Q

 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?

A

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.

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26
Q

 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

A

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.

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27
Q

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

(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.

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28
Q

   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.

A

(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

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29
Q

FCA 340.1
Select the best statement or statements regarding the time of the fact finding hearing:
(1)     if the respondent is detained, the hearing shall commence not more than 15 days after the conclusion of the initial appearance if the highest count in the petition is a class A, B or C felony.
(2)     if the respondent is detained, the hearing shall commence no more than 3 days after the initial appearance if the highest count in the petition is less than a C felony.
(3)     if the respondent is not detained, the fact finding hearing shall commence not more than 60 days after the initial appearance.
(a)     1 only
(b)     2 only
(c)     1 & 2 only
(d)     2 & 3

A

(d) FCA 340.1
2 & 3

If a respondent is in detention and is charged with an A, B or C felony, the fact finding hearing must commence not more than 14 days after the initial appearance.

30
Q

 FCA 342.1
Which of the following is least correct as to the order of procedure at the fact finding hearing?
(a)     presentment agency must offer evidence in support of the petition.
(b)     respondent must offer evidence in his defense.
(c)     respondent may deliver a summation.
(d)     presentment agency may deliver a summation.

A

(b) FCA 342.1
This section is a close kin of 260.30 CPL, order of a jury trial. The respondent does not have to offer evidence or proof in his defense. The presentment agency has the burden of proof.

HINT: PUDA DAPA
Evidence of proof: People mUst
Defendant mAy
Conclusion: Defendant mAy
People mAy

31
Q

  FCA 343.1 2.
A witness in a juvenile delinquency fact finding hearing, who is under 9 years of age:
(a)     may only testify under oath.
(b)     may not testify under oath.
(c)     may testify under oath only if the court is satisfied that the witness understands the nature of the oath.
(d)     may testify without an oath only if the presentment agency and the representative of the respondent concede.

A

(c) FCA 343.1 2
The rules of evidence as to a witness in a juvenile fact finding hearing allow a child less than 9 years of age to testify under oath only if the court is satisfied that the child understands the nature of the oath.

32
Q

  FCA 310.1 & 254-a
A proceeding to adjudicate a person a juvenile delinquent is originated by a presentment agency.

A

(T) FCA 310.1 & 254-a
Only a presentment agency may originate a juvenile delinquency proceeding. Presentment agencies are: the county attorney, the district attorney of a county, corporation counsel in the city of N.Y. and the district attorney in any county in the city of N.Y.

33
Q

 FCA 320.5
At the initial appearance of the respondent, the court may release the respondent or direct his or her detention.

A

(T) FCA 320.5
The important determination by the court at the initial appearance is the release or detention of the respondent.

The court in its discretion may release the respondent upon such terms and conditions as the court deems appropriate. The court may order detention only upon a finding that there exists substantial probability that the respondent will not appear in court on the return date or that there is a serious risk that the respondent may commit a crime if not detained.

34
Q

FCA 320.5 3. (b) & (c)
At the initial appearance any finding directing detention by the court based on the substantial probability that the respondent (he or she) will not appear in court on the return date, the court may consider, where applicable as a condition of release, electronic monitoring of the respondent.

A

(T) FCA 320.5 3 (b) & (c)
The same holds true when the court finds that there is a serious risk that the respondent (he or she) may, before the return, commit an act which, if committed by an adult, would constitute a crime.

35
Q

 FCA 322.2
When a respondent is found by the court to be incapacitated, the respondent, the counsel for the respondent, the presentment agency and the commissioner of mental health or developmental disabilities, as appropriate, shall be notified.

A

(T) FCA 322.2
The respondent, the counsel for the respondent, the presentment agency and the commissioner of mental health or developmental disabilities, as appropriate, shall be notified.

36
Q

  FCA 325.2
Only non-hearsay evidence shall be admissible at the probable cause hearing to demonstrate reasonable cause to believe that the respondent committed a crime.

A

(T) FCA 325.2 3.
Reports of experts or technicians in professional and scientific fields are the exception to the admissibility of non-hearsay evidence.

37
Q

 FCA 325.2 4.
The probable cause hearing should be completed in one day.

A

(T) FCA 325.2 4.
This section is more definite than that. The hearing should be completed at one session. In the interest of justice, however, it may be adjourned by the court, but no such adjournment may be for more than one court day.

38
Q

FCA 330.1
If the respondent is detained, the court may direct the filing of the bill of particulars on an expedited basis.

A

(F) FCA 330.1
In the case of a detained respondent, the court shall direct expediting the filing of the bill of particulars. The filing must be done prior to commencement of the fact finding hearing.

39
Q

 FCA 344.2 4.
A child may not be found to be delinquent based on commission of any crime solely upon evidence of a commission or admission made without additional proof that the crime charged has been committed.

A

(T) FCA 344.2 4.

40
Q

  FCA 330.1 5.
A bill of particulars can be obtained only by court order.

A

(F) FCA 330.1 5.
A bill of particulars may be obtained by request or demand. It may also be obtained by formal order. Upon the presentment agency’s failure or refusal to comply with the respondent’s request for a bill, a court ordered bill of particulars may be obtained on the motion of the respondent.

41
Q

  FCA 330 1.(a)
A bill of particulars is a tool of, and a method of discovery.

A

(F) FCA 330.1 1.(a)
A bill of particulars specifies items of factual information not recited in the petition and which pertain to the offense charged. It is an amplification of the petition.

42
Q

 FCA 332.1
A respondent may move to dismiss the petition or any count thereof on the ground that the proceeding is barred by FCA 303.2 which applies article 40 of the CPL-double jeopardy.

A

(T) FCA 332.1
Here the respondent is moving for dismissal under double jeopardy, FCA 303.2.

43
Q

    FCA 340.2
The judge who presides at the fact finding hearing shall also preside at the dispositional hearing.

A

(T) FCA 340.2
The judge presiding at the fact finding hearing or who accepts an admission, shall preside at any subsequent hearing including the dispositional hearing.

44
Q

 FCA 342.2 2.
The standard of proof in a fact finding hearing is proof beyond a reasonable doubt.

A

(T) FCA 342.2 2.
Any determination at the conclusion of the fact finding hearing that the respondent committed an act or acts which if committed by an adult would be a crime, must be based on proof beyond a reasonable doubt.

45
Q

  FCA 340.2,3(a)&(c)
The rules of the Family Court shall provide for the assignment of the Juvenile Delinquency Proceedings to another judge of the court because it is not practicable for the appropriate judge to preside.

A

(T) FCA 340.2,3(a)&(c)
Subdivision 3(a) indicates when the appropriate judge cannot preside by reason of illness, disability, vacation or no longer being a judge of the court IN THAT COUNTY.

46
Q

FCA 350.1 1.,2.
If the respondent is detained and has not been found to have committed a designated felony act, the dispositional hearing shall commence:
(a)     not more than 50 days after entry of the order by the court establishing the commission of the crime.
(b)     not more than 10 days after the completion of the fact finding hearing.
(c)     not more than 50 days after the completion of the fact finding hearing.
(d)     not more than 10 days after entry of the order by the court establishing the commission of the crime.

A

d) FCA 350.1 2.
The key to this answer is the time from the entry of the order establishing the commission of the crime which may come upon or after the completion of the fact finding hearing. The court has 20 days to file or direct the filing of its order (FCA 217.3).

47
Q

  FCA 350.1 3.
The court may adjourn the dispositional hearing:
(a)     on its own motion for not more than 30 days.
(b)     on the motion of the presentment agency for good cause shown for not more than 10 days.
(c)     on the motion of the respondent for not more than 10 days.
(d)     the court shall state on the record the reason for any adjournment made by the respondent only.

A

(b) FCA 350.1 3.
Both the court, on its own motion, or the presentment agency may adjourn the dispositional hearing for good cause shown for not more than 10 days. The court may adjourn the hearing on the motion of the respondent for not more than 30 days. The court shall state on the record the reason for any adjournment of the dispositional hearing no matter who made the application for the adjournment.

48
Q

  FCA 350.3
Select the correct statement or statements regarding the dispositional hearing:
(1)     only evidence that is material and relevant may be admitted.
(2)     an adjudication must be based on evidence beyond a reasonable doubt.
(3)     the presentment agency shall appear.
(4)     the probation service shall appear.
(a)     1 only
(b)     2 & 3 only
(c)     1 & 3 only
(d)     1, 2, 3 & 4

A

(c) FCA 350.3
Only evidence that is material (important) and relevant (pertinent and appropriate) may be admitted at the dispositional hearing. The standard of proof now changes from fact finding hearing standard of beyond a reasonable doubt to a civil procedure standard of proof by a preponderance of the evidence. At the dispositional hearing the presentment agency must appear while the probation service may appear as a witness with respect to the preparation of the probation report.

HINT: MR. POE @ THE DISPO

Material & Relevant. Preponderance Of Evidence at the Dispositional hearing

49
Q

  FCA 351.1 1.2.4.
Upon a determination that a respondent committed a designated felony act and prior to the dispositional hearing, the court:
(1)     shall order a probation investigation.
(2)     may order a probation investigation.
(3)     shall order a diagnostic assessment.
(4)     may order a diagnostic assessment.
(a)     1 only
(b)     1 & 3 only
(c)     3 & 4 only
(d)     2 & 4 only

A

(b) FCA 351.1 1.,2.,4
In any case prior to the dispositional hearing when it has been determined that the respondent committed a crime, the court SHALL order a probation investigation. If it has been determined that the respondent committed a designated felony act the court SHALL, in addition to the probation investigation, order a diagnostic assessment, which shall include psychological tests and psychiatric interviews.

50
Q

 FCA 353.1 3.
At the conclusion of the dispositional hearing the court enters a disposition of conditional discharge, the maximum period of which shall not exceed:
(a)     1 year
(b)     18 months
(c)     2 years
(d)     3 years

A

(a) FCA 353.1 3.
The maximum period for a conditional discharge shall not exceed one year with no provision for an extension. The respondent during the time of the conditional discharge period is not under the supervision of the probation service or any other agency.

51
Q

 FCA 353.2 6.
The maximum period of probation ordered by the court shall not exceed:
(a)     one year
(b)     18 months
(c)     two years
(d)     three years

A

(c) FCA 353.2 6.
Two years shall be the maximum period of probation. However, the court at the conclusion of the original two year period may require, after a hearing, an additional one year of probation because of the existence of exceptional circumstances.

52
Q

  353.5 5.(a)
At the conclusion of the dispositional hearing the court orders restrictive placement for a respondent who has committed a designated felony act other than a designated class A felony act, the order shall provide placement with the office of children and family services:
(a)     for an initial period of three years.
(b)     for an initial period of two years.
(c)     for a period not to exceed two years.
(d)     for a period not to exceed five years.

A

(a) FCA 353.5 5.(a)
The reference here is to the commission of a designated felony other than a class A designated felony for which a different period of placement is required. Placement shall be with the office of children and family services for an initial period of three years.

53
Q

 353.5 4.(a)
When the order of the court upon the conclusion of the dispositional hearing, is for restrictive placement in the case of a respondent found to have committed a designated class A felony act, the order shall provide that placement shall be with:
(a)     the department of correction for an initial period of 5 years.
(b)     the office of children and family services for a period not to exceed 3 years.
(c)     the department of correction for a maximum of 3 years.
(d)     the office of children and family services for an initial period of 5 years.

A

Answer (d) FCA 353.5 4.(a)
The office of children and family services serves as the restrictive placement agency for respondents who have committed serious crimes. In the case of a respondent having committed a designated class A felony act, the period of restrictive placement is five years.

54
Q

 FCA 353.6
Restitution in conjunction with a disposition of probation, conditional discharge or placement may be ordered when the respondent is over the age of:
(a)     10 years
(b)     12 years
(c)     14 years
(d)     16 years
(e) None of the above

A

Answer (a) FCA 353.6 1.
The court may order restitution, and or to perform services for the public good, taking into consideration the age and physical condition of the respondent. Restitution can include fair and reasonable costs of damage repair, property replacement or unreimbursed medical expenses not to exceed $1,500 payable in a lump sum or periodic payments.

Note that after 12/29/22, the age of 10 is deleted

55
Q

FCA 355.1 1.
Upon a showing of a substantial change of circumstances, the court may on its own motion or on motion of the respondent or his parent or the person responsible for his care:
(1)     grant a new fact finding hearing.
(2)     set aside, modify, terminate or vacate any order issued in the course of a proceeding.
(3)     grant a new dispositional hearing.
(4)     the motion for relief pursuant to this section may be either oral in open court or in writing.
(a)     1 only
(b)     1 & 2 only
(c)     2 & 3 only
(d)     1, 2, 3 & 4
(e)     1, 2 & 3 only

A
  1. Answer (d) FCA 355.1
    The court may grant a new fact finding hearing or a new dispositional hearing on this motion.
56
Q

   FCA 355.3 (6)
Upon the conclusion of the dispositional hearing, the court orders the placement of the respondent in a nonrestrictive facility. The court may permit successive extensions of the placement. Beyond what age of the respondent can the placement not be continued?
(a)     16 years of age
(b)     18 years of age
(c)     age is set in the discretion of the court

A

(c) FCA 355.3 (6)
Successive extensions of placement may be granted by the court, but no placement may be made or continued beyond respondent’s 18th birthday without the child’s consent for acts committed before the respondent’s 16th birthday, and in no event past the child’s 21st birthday, except as provided in Sec. 353.5 subdivision 4.

57
Q

  FCA 355.3 1.
A petition to the court by the commissioner of social services, or the office of children and family services or the person with whom the respondent has been placed, to extend such placement shall be filed:
(a)     30 days prior to the expiration of the period of placement.
(b)     45 days prior to the expiration of the period of placement.
(c)     60 days prior to the expiration of the period of placement.
(d)     90 days prior to the expiration of the period of placement.

A

(c) FCA 355.3 1.
(Amended, 2022)
The limit for the filing of the petition to extend the placement of the respondent is 60 days and in no event shall the petition be filed after the original expiration date of the placement. The court shall conduct a hearing concerning the need for continuing the placement. If good cause is not shown the court shall dismiss the petition.

58
Q

    FCA 355.5
Where a respondent is placed with a commissioner of social service or office of children and family services after an initial permanency hearing for a period of 12 or fewer months and resides in a foster home or non-secure facility, the initial permanency hearing shall be held no later than what period of time after the respondent was placed with the commissioner of social services or office of children and family services?
(a)     6 months
(b)     90 days
(c)     12 months
(d)     18 months

A

(c) FCA 355.5
The initial permanency hearing shall be held no later than 12 months after the respondent who was placed with a commissioner of social services or office of children and family services entered foster care. Subsequent permanency hearings shall be held no later than every 12 months following the respondents initial 12 months of placement.

59
Q

FCA 360.2 1.,2.
Which of the following statements is least correct regarding a petition of violation of probation?
(a)     the petition must be verified.
(b)     the petition may apply to either a violation of probation or a conditional discharge.
(c)     the petition must be subscribed by the probation service or the appropriate presentment agency.
(d)     hearsay allegations may support the violation charged.

A

(d) FCA 360.2
The petition may be addressed to an order of probation or an order of conditional discharge. The petition must stipulate the condition or conditions of the order violated. Only non-hearsay allegations of the factual part of the petition or of any supporting depositions must establish, if true, every violation charged.

60
Q

 FCA 360.1
Which of the following is least correct with respect to post-dispositional procedures whereby the respondent is placed on probation?
(a)     such respondent shall remain under the legal jurisdiction of the court pending expiration or termination of the period of the probation order.
(b)     the probation service shall supervise the respondent during the period of such legal jurisdiction.
(c)     a search order may be issued if the court at any time has reasonable cause to believe the respondent has violated a condition of the order.
(d)     a police officer shall not assist in the execution of any search order.

A

(d) FCA 360.1
A police officer may, in fact, assist the probation officer as stated in subdivision 4.

61
Q

  FCA 375.1 2.
The termination of a delinquency proceeding against a respondent in favor of such respondent may be by:
(1)     a dismissal of the petition.
(2)     successful completion of an adjournment in contemplation of dismissal by the respondent.
(3)     a withdrawal of the petition.
(4)     a probation adjustment.
(a)     1 & 2 only
(b)     2 & 3 only
(c)     1, 3 & 4 only
(d)     1, 2, 3 & 4

A

(d) FCA 375.1 2.
All choices apply to the question in addition to a finding that a crime has not been proven beyond a reasonable doubt at the fact finding hearing, FCA 345.1 2. The termination of the proceeding brings with it an automatic sealing of the record.

62
Q

 FCA 375.1 1.
On how many days notice to the respondent must the presentment agency move to preclude the sealing of records on the ground that the interest of justice will not be served by the sealing of the termination of the respondents petition?
(a)     8 days
(b)     12 days
(c)     15 days
(d)     30 days

A

(a) FCA 375.1 1.
Not less than eight days notice to the respondent is required by this written motion. The court, on its own motion, with eight days notice to the respondent, may also determine that the interest of justice require that the record not be sealed.

63
Q

  FCA 352.1
At the conclusion of the dispositional hearing, if the court finds that the respondent does not require confinement, treatment or supervision, it shall dismiss the petition.

A

(T) FCA 352.1 2.
At the conclusion of the dispositional hearing, if the court finds that the respondent does not require confinement, treatment or supervision, it shall dismiss the petition.

64
Q

 FCA 352.2(b)
At the conclusion of the dispositional hearing the court may order continued placement of the respondent in his or her home.

A

True
FCA 352.2(b)
At the conclusion of the dispositional hearing the court may order continued placement of the respondent in his or her home.

65
Q

 FCA 352.3(1)
Under an order of protection a respondent may be required to refrain from intentionally injuring or killing any companion animal owned or possessed by the petitioner.

A

(T) FCA 352.3(1)
The respondent may be required to refrain from intentionally injuring or killing any companion animal (a pet dog, cat, bird, reptile or even a goldfish) owned, possessed, leased or kept by the petitioner or minor child residing in the household.

66
Q

 FCA 352.3 2.
An order of protection issued by the court shall not exceed the period of time specified in any order of disposition.

A

(T) FCA 352.3 2.
An order of protection shall remain in effect for a period specified by the court and shall not exceed that period of time in any order of disposition or order adjourning a proceeding in contemplation of dismissal.

67
Q

 FCA 353.2 5.
A copy of the conditions of probation may not be filed with or become a part of the record of the juvenile delinquency case.

A

(F) FCA 353.2 5.
A copy of the conditions of probation must be filed and become part of the record of the case. The respondent must be given a copy of the conditions of probation at the time the probation supervision is ordered.

68
Q

  FCA 353.5 3.
The court may order restrictive placement in any case where the respondent committed a designated felony act in which the respondent inflicted serious physical injury upon a person who is 62 years of age or older.

A

(F) FCA 353.5 3.
The statement uses the term “may order restrictive placement”, but the section clearly states THE COURT SHALL order restrictive placement. There is an assumption here that any senior citizen who is less than 62 years of age is better equipped to defend against a juvenile 14 or 15 years of age who attacks him or her.

69
Q

 FCA 353.6
At the conclusion of the dispositional hearing involving a respondent over ten years of age, the court may recommend restitution in an amount not to exceed $500.00.

A

(F) FCA 353.6 1.
The section limits the amount of restitution to $1,500.00. The amount of the restitution is to represent a fair and reasonable cost to replace property or to repair damage caused by the respondent.

70
Q

(T) FCA 380.1
Delinquency proceedings from arrest through appeal are treated statutorily as sensitive and confidential and are not criminal in nature. This section also provides that a juvenile delinquent cannot be subsequently disqualified from holding public office, obtaining any license granted by public authority or pursuing or engaging in any lawful activity, occupation, calling or profession.

A

(T) FCA 380.1
Delinquency proceedings from arrest through appeal are treated statutorily as sensitive and confidential and are not criminal in nature. This section also provides that a juvenile delinquent cannot be subsequently disqualified from holding public office, obtaining any license granted by public authority or pursuing or engaging in any lawful activity, occupation, calling or profession.

71
Q

FCA 380.1(3)
Except where required by statute, no person shall be required to divulge information pertaining to the arrest of the respondent or any subsequent proceeding.

A

(T) FCA 380.1.(3)
This statement is true provided, however, that whenever a person adjudicated a juvenile delinquent has been placed with the office of children and family services, and is thereafter enrolled as a student in a public or private elementary or secondary school, the court that has adjudicated such juvenile shall provide notification of the adjudication to the designated educational official of the school in which the juvenile is enrolled as a student. The notification shall be used only for the purposes related to the execution of the students educational plan. Such notification shall be kept separate and apart from the juvenile’s school record and shall be accessible only by the designated educational official.

72
Q

  FCA 380.1(4)
Where a finding of Juvenile Delinquency has been entered, the record pertaining to such finding upon request, may be made available to the commissioner of mental health or the commissioner of developmental disabilities and as appropriate, the case review panel and the attorney general.

A

(F) FCA 380.1 (4)
The records SHALL be made available upon request to any of those listed in the question pursuant to §10.5 of the Mental Hygiene Law.