Article 7 Flashcards
For a person to be a PINS he must be found to need supervision or _______.
Treatment
FCA 712
The court on its own motion may substitute a ___ petition for a PINS petition.
Neglect petition.
FCA 716
A PINS proceeding is originated in the county where ___________.
acts allegedly occurred
FCA 717
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)
Friend
FCA 733
Service of PINS summons and petition must be at least __ before time stated for appearance
24 hours
FCA 737
At fact finding PINS hearing evidence must be: _________
Material, relevant and competent
FCA 744
The standard of proof required for a PINS determination is
Proof beyond a reasonable doubt
FCA 744
At a PINS dispositional hearing only evidence that is _______ may be admitted
Material and relevant
FCA 745
Petition to extend PINS placement shall be filed at least ___ days before expiration of placement
60
FCA 756
In a PINS proceeding a judge may order restitution of up to _______.
$1,000
FCA 758
A PINS male must be under the age of __. A PINS female must be under the age of __.
18…18
FCA 712
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
C. Both statements are correct
FCA 714
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
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
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
D. 72
FCA 729
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
D. Adjudication at end of Dispositional hearing must be based on proof beyond a reasonable doubt
FCA 745
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
C. 12 months….year
FCA 754
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
C. 18th….21st
FCA 756-a
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
C. 8
FCA 763
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. Under the age of 18
FCA 712
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
D. Supervision or treatment
FCA 712
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. Preponderance of the evidence
FCA 745
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
C. Material and relevant
FCA 745
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
D. None of the above
FCA 717
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
C. Summons and petition
FCA 737
