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Family Court Act > Article 7 > Flashcards

Article 7 Flashcards

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1
Q

For a person to be a PINS he must be found to need supervision or _______.

A

Treatment

FCA 712

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2
Q

The court on its own motion may substitute a ___ petition for a PINS petition.

A

Neglect petition.

FCA 716

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3
Q

A PINS proceeding is originated in the county where ___________.

A

acts allegedly occurred

FCA 717

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4
Q

Which of the following cannot originate a PINS proceeding? Police officer, peace officer (pursuant to special duties), victim of PINS, witness, friend, duly authorized agency, presentment agency (substitute PINS for JD)

A

Friend

FCA 733

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5
Q

Service of PINS summons and petition must be at least __ before time stated for appearance

A

24 hours

FCA 737

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6
Q

At fact finding PINS hearing evidence must be: _________

A

Material, relevant and competent

FCA 744

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7
Q

The standard of proof required for a PINS determination is

A

Proof beyond a reasonable doubt

FCA 744

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8
Q

At a PINS dispositional hearing only evidence that is _______ may be admitted

A

Material and relevant

FCA 745

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9
Q

Petition to extend PINS placement shall be filed at least ___ days before expiration of placement

A

60

FCA 756

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10
Q

In a PINS proceeding a judge may order restitution of up to _______.

A

$1,000

FCA 758

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11
Q

A PINS male must be under the age of __. A PINS female must be under the age of __.

A

18…18

FCA 712

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12
Q

Which of the following 2 statements are correct?
1) in determining jurisdiction, age of respondent at the time the need for supervision allegedly arose is controlling.
2) proceeding initiated after respondent’s 18th birthday shall be dismissed
A. Statement 1 is correct
B. Statement 2 is correct
C. Both statements are correct
D. Both statements are not correct

A

C. Both statements are correct

FCA 714

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13
Q

Which of the following four statements is not correct?
A. A PINS shall not be detained in any prison, jail, lockup or any adult facility
B. A PINS shall not be detained in a secure detention facility
C. Detention in a city with population of 1 million or more shall be in a foster care facility
D. If a youth is 15 or older, court shall not order detention unless the court determines and states in its order the special circumstances which exist to warrant such dentition

A

D. If a youth is 15 or older, court shall not order detention unless the court determines and states in its order the special circumstances which exist to warrant such dentition

FCA 720

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14
Q 
No person may be detained for more than \_\_ hours or the next day the court is in session, whichever is sooner, without a hearing (FCA 728) before a judge to determine if court has jurisdiction 
A. 12
B. 24
C. 48
D. 72
A

D. 72

FCA 729

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15
Q

Which of the following statements is false?
A. At fact finding hearing only material, relevant and competent evidence may be admitted
B. Determination must be based on proof beyond a reasonable doubt
C. At Dispositional hearing only material and relevant evidence may be admitted
D. Adjudication at end of Dispositional hearing must be based on proof beyond a reasonable doubt

A

D. Adjudication at end of Dispositional hearing must be based on proof beyond a reasonable doubt

FCA 745

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16
Q 
Placement may be for a period of 12 months and court can extend for an additional year
A. 6 months....6 months
B. 9 months....6 months
C. 12 months....year
D. None of the above
A

C. 12 months….year

FCA 754

17
Q 
Petition to extend placement shall be filed at least 60 days before expiration of period of placement. Court can extend placement for up to 1 year. Pending a final determination on the petition to extend placement, court may temporarily extend placement for s period not exceeding 45 days (30 + 15). Successive extensions of placement may be granted but not beyond respondent's \_\_\_ birthday without respondent's consent, but in no event past respondent's \_\_ birthday. 
A. 14th....18th
B. 16th....18th
C. 18....21st
D. None of the above
A

C. 18th….21st

FCA 756-a

18
Q 
Notice of motion (including the court's own motion) for a new hearing (FCA 761) or to stay, modify, set aside or vacate an order (FCA 762) must be served at least \_\_\_ days before return date of motion. Answer must be served at least 2 days before return date of motion
A. 3 
B. 7
C. 8
D. 12
A

C. 8

FCA 763

19
Q 
The age requirement for a PINS is
A. Under the age of 18
B. Under the age of 16
C. Male under 16, female under 16
D. Male under 16, female under 18
A

A. Under the age of 18

FCA 712

20
Q 
Choose the best answer: For a person to be found to be a PINS, he must be found to need:
A. Supervision or confinement 
B. Treatment or confinement
C. Confinement 
D. Supervision or treatment
A

D. Supervision or treatment

FCA 712

21
Q 
At a PINS Dispositional hearing the standard of proof is 
A. Preponderance of the evidence 
B. Beyond a reasonable doubt
C. Hearsay evidence
D. None of the above
A

A. Preponderance of the evidence

FCA 745

22
Q 
Choose the best answer: At a PINS Dispositional hearing evidence must be:
A. Material
B. Relevant and competent
C. Material and relevant
D. Material and competent
A

C. Material and relevant

FCA 745

23
Q 
A PINS proceeding is originated 
A. In county where the parents of PINS reside
B. In county where victim resides
C. In county where PINS resides
D. None of the above
A

D. None of the above

FCA 717

24
Q 
A PINS \_\_\_\_\_\_\_\_ must be served at least 24 hours before the time stated for appearance. 
A. Warrant
B. Desk appearance
C. Summons and petition
D. None of the above
A

C. Summons and petition

FCA 737

25
Q

Which of the following choice lists at least one party who cannot originate a PINS proceeding?
A. Witness, duly authorized agency, police officer
B. Presentment agency(wishing to substitute a PINS for JD petition)
C. Parent, friend
D. Peace officer acting pursuant to special duties

A

C. Parent, friend

FCA 733

26
Q 
On its own motion the court may substitute a \_\_\_\_\_ petition under article ten for a petition to determine whether a person is in need of supervision
A. Juvenile delinquency 
B. Neglect
C. PINS 
D. Child abuse
A

B. Neglect

FCA 716

27
Q

The court must issue a warrant in an FCA Article 7 proceeding if
1) summons cannot be served or respondent or other person has refused to obey summons
2) the respondent or other person is likely to leave the jurisdiction
3) a summons, in the court’s opinion, would be ineffectual
4) a respondent on bail or parole has failed to appear
A. 1, 2, 3 and 4
B. 1, 2 and 3
C. 3
D. None of them.

A

D. None of them.

FCA 738 (it should read the court MAY)

28
Q 
PINS police record shall be kept in filed separate and apart from the arrest of adults and shall be withheld from public inspection. For good cause shown, and upon a written court order, they shall be open for inspection to:
     1) parent
     2) guardian
     3) next friend
     4) attorney of PINS
A. 1, 2, 3 or 4
B. 1, 2 and 4
C. 3 only
D. None of them
A

A. 1, 2, 3 and 4

FCA 784

Family Court Act (21 decks)

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