Article 7 Persons In Need of Supervision Flashcards
FCA 712 (a)
A person in need of supervision (PINS) is:
(a) a male less than 18 years of age and a female less than 16 years of age
(b) a person less than 16 years of age
(c) a person less than 18 years of age
(d) a male less than 16 years of age and a female less than 18 years of age.
(c) FCA 712 (a)
A person less than 18 years of age.
A full definition of a PINS is contained in subdivision (a)
FCA 716
On its own motion the court may substitute which petition for a person in need of supervision petition?
(a) juvenile delinquency
(b) youthful offender
(c) child neglect
(d) abused child
(c) FCA 716
The court in determining the act or acts of the respondent which would qualify him or her as a person in need of supervision, may take into account the failure of the parent or person legally responsible for the care of the respondent. The lack of parental care may be the underlying problem which led to the behavior upon which the PINS petition is based. In which case the court may substitute a neglect petition for the PINS petition.
FCA 717
The venue of a PINS proceeding shall be:
(a) in the county of the respondent’s domicile.
(b) in the county where the alleged act or acts occurred.
(c) in the county selected by the presentment agency.
(d) in the county selected by the court for the convenience of witnesses.
(b) FCA 717
Venue is vested in the county where the alleged act or acts occur or occurred. However, the court has discretion with respect to transferring the case. On the motion of the respondent, his parent or other person legally responsible for his care or the court on its own motion, for good cause shown, may transfer the proceedings to another county.
FCA 718
Which of the following statements is incorrect?
(1) A police officer may return any child under 18 who has run away from home without just cause…
(2) … as well as a child who gives such officer reason to doubt the truthfulness of such child’s identity…
(3) … except a child who simply appears to have run away…
(4) … to a parent or other person legally responsible for such child.
(a) four
(b) two
(c) three
(d) one
(c) FCA 718
Appearing to have run away without just cause justifies the police officer (or peace officer acting pursuant to his or her special duties) to return such child as in statement 4.
FCA 723 (b)
It shall be the duty of a private person after taking into custody a person in need of supervision, to take:
(1) the person to his home.
(2) the person before a family court judge.
(3) the person to a peace officer.
(4) the person to a police officer.
(a) 1 only
(b) 1 & 2 only
(c) 1, 2 & 3 only
(d) 1, 2, 3 & 4
(d) FCA 723 (b)
Any of the 4 alternative destinations are correct. However, the transporting of the child by the private person must be done without unnecessary delay.
FCA 728 (a)
If a child in custody is brought before a family court judge prior to the filing of a petition, the judge shall hold a hearing to determine whether the court has jurisdiction. At the commencement of the hearing the court shall advise the child:
(1) of his right to remain silent.
(2) of his right to counsel of his own choosing.
(3) of his right to have an attorney assigned.
(4) that he may send for his parent or person legally responsible for his care.
(a) 1 & 2 only
(b) 1 & 3 only
(c) 4 only
(d) 1, 2, 3, & 4
(d) FCA 728 (a)
As in the case of a juvenile delinquent, the miranda-like advisory shall be given to the respondent by the court. The court must also allow the child reasonable time to send for his parent or person responsible for his care. The court must also allow an adjournment for this purpose. See FCA 741 (a).
FCA 732(b)
When a respondent is alleged to appear to be a sexually exploited child, as defined in SSL Sec. 447-a, subd. 1, paragraph (a), (b) or (c):
(1) The child may be in need of supervision.
(2) A proceeding to adjudicate the child to be in need of supervision may be originated by the filing of a petition.
(3) The child need not consent to the filing of any such petition.
(a) All statements are correct
(b) All statements are incorrect
(c) One statement is incorrect
(d) More than one statement is incorrect
(c) FCA 732(b)
The one incorrect statement is number 3. The child concerned MUST consent to the filing of the petition in this scenario.
FCA 732 (a) (ii)
A proceeding to adjudicate a person to be in need of supervision is originated by filing a petition alleging that the respondent was under eighteen years of age:
(a) at the time the petition was filed
(b) at the time a warrant was issued
(c) at the time of the specified acts
(d) at the time of the initial appearance in family court.
(c) FCA 732(a) (ii)
Upon originating a proceeding to adjudicate a person in need of supervision, the allegations in the petition must meet the requirements of FCA 712(b) at the time of the act or acts specified in the petition. The petition must also allege that the petitioner has complied with FCA § 735, the preliminary procedure offering diversion services.
FCA 735 (a), (b)
With respect to the preliminary procedure diversion services, which of the following may be designated the lead agency?
(1) Probation Service
(2) County Attorney
(3) Social Service
(4) State Department of Youth
(a) 1 only
(b) 2 & 4 only
(c) 3 & 4 only
(d) 1 & 3 only
(d) FCA 735(a), (b)
The designated lead agency, either probation service or social service shall diligently attempt to adjust the case to prevent the filing of a petition or after the petition is filed to prevent the placement of the youth into foster care.
FCA 735 (c)
Which of the following statements is incorrect with respect to a person or agency seeking to file a petition that does not have the required documentation attached thereto:
(a) such person or agency shall be referred by the clerk of the court to the designated lead agency.
(b) the lead agency shall schedule and hold at least one conference in order to determine the factual circumstances.
(c) the clerk of the court may then accept the petition for filing.
(d) the clerk of the court shall not accept any petition that does not have the required documents attached.
(c) FCA 735(c)
Statement (c) is incorrect.
See subdivision (g) regarding required documentation. See also FCA Section 216-c regarding the preparation of petitions.
FCA 736
A summons when issued by the court together with the petition and served upon the respondent, his parent or other person responsible for his care shall be signed by:
(1) the court
(2) the clerk of the court
(3) the deputy clerk of the court
(4) the presentment agency
(a) 1 only
(b) 2 & 3 only
(c) 1, 2 & 3 only
(d) 1, 2, 3 & 4
(c) FCA 736
A summons issued by the court shall be signed by the court or the clerk or the deputy clerk of the court.
If the proceedings were originated by an agency or person other than the parent or person responsible for the respondent’s care and who has not signed the petition, the petition shall be served on such person or person responsible for the respondent’s care.
FCA 737 (a)
Service of a summons and petition shall be made within what time before the time stated for appearance?
(a) 24 hours
(b) 48 hours
(c) 72 hours
(d) 5 days
(a) FCA 737 (a)
Service of the summons and petition shall be made at least 24 hours before the time to appear before the court.
If requested by a parent, or other person legally responsible for the respondent’s care or by one acting on behalf of the respondent, the court shall not proceed with the hearing or proceeding earlier than 3 days after the service of the summons and petition.
FCA 738
Of the following choices, which is correct regarding a warrant issued under FCA article 7?
(a) a warrant shall expire at the end of 6 months unless extended by the court, for not more than an additional 6 months.
(b) a warrant shall expire at the end of 6 months unless extended by the court for an additional 90 days.
(c) a warrant shall expire at the end of 90 days unless extended by the court for an additional 90 days.
(d) a warrant shall expire at the end of 90 days and may be extended by the court for any reasonable additional period.
a) FCA 738
The warrant is issued by the court for an initial period of 6 months from the date of issuance. An extension of an additional 6 month period may be granted on the application of the petitioner for good cause shown.
FCA 742(b)
True or False: Regarding a petition filed in a diversion proceeding, the court shall review any termination of services at the initial appearance of the respondent.
Answer (T) FCA 742(b)
So stated in revised subdivision (b).
FCA 744/745
Of the statements below which is correct as to the standard of proof at the fact finding hearing and the dispositional hearing?
(a) the fact finding hearing standard of proof: beyond a reasonable doubt, the dispositional hearing: by a preponderance of the evidence.
(b) the fact finding hearing standard of proof: beyond a reasonable doubt, the dispositional hearing: beyond a reasonable doubt.
(c) the fact finding hearing standard of proof: by a preponderance of the evidence, the dispositional hearing: by a preponderance of the evidence.
(d) the fact finding hearing standard of proof: by a preponderance of the evidence the dispositional hearing: beyond a reasonable doubt.
(a) FCA 744/745
The proof at the fact finding hearing and the dispositional hearing are identical to the standards of proof involving juvenile delinquency hearings. At the fact finding hearing the standard is beyond a reasonable doubt but at the dispositional hearing the standard changes to proof by a preponderance of the evidence. Only evidence that is competent, material and relevant may be admitted at the fact finding hearing while evidence that is material and relevant may be admitted at the dispositional hearing. Example: Non-competent evidence - hearsay.
FCA 746/747/748
Select the correct statements as to the fact finding hearing and the dispositional hearing:
(1) if the respondent is in pre-dispositional placement, the court, on its own motion, may adjourn the fact finding hearing not more than 3 days.
(2) upon the completion of the fact finding hearing, the dispositional hearing may commence immediately after the required findings are made.
(3) the fact finding hearing must commence not more than 5 days after the filing of the petition if the respondent is in detention.
(4) successive motions to adjourn the fact finding hearing shall not be granted.
(a) 1 only
(b) 1 & 2 only
(c) 3 & 4 only
(d) 1, 2, 3 & 4
(b) FCA 746/747/748
If the respondent is in pre-dispositional placement, the court on its own motion or on the motion of the petitioner may, for good cause shown, adjourn the fact finding hearing for not more than 3 days.
The dispositional hearing may commence, in the discretion of the court, immediately after the required findings of fact are made which of course indicate that the respondent has been found to have committed the act or acts charged in the petition.
The fact finding hearing must commence not more than 3 days after the filing of the petition if the respondent is in detention. The court has latitude in granting successive adjournments of the fact finding hearing but only in special circumstances.
FCA 749 (b)
The court on its own motion may adjourn the proceedings on conclusion of the fact finding hearing or during the dispositional hearing for a period of not more than:
(1) 2 weeks if the respondent is in pre-dispositional placement.
(2) 30 days if the respondent is not in pre-dispositional placement.
(3) a reasonable time if respondent is not in pre-dispositional placement, but total number of adjourned days may not exceed 2 months.
(4) 10 days if the respondent is in pre-dispositional placement.
(a) 1 only
(b) 1 & 2 only
(c) 3 only
(d) 3 & 4 only
(d) FCA 749 (b)
An adjournment by the court in the case of a respondent in pre-dispositional placement may not be for a period of more than 10 days but not more than a total of two such adjournments may be granted in the absence of special circumstances.
Where a respondent is not in pre-dispositional placement, the court may adjourn the proceedings for a reasonable time not to exceed 2 months.
FCA 754
Upon the adjudication after a fact finding hearing of a person in need of supervision, the court shall enter an order of disposition:
(1) discharging the respondent with a warning.
(2) suspend judgment.
(3) put respondent on probation.
(4) adjourn proceedings in contemplation of dismissal.
(a) 1 & 2 only
(b) 3 & 4 only
(c) 1, 2 & 3 only
(d) 1, 2, 3 & 4
(c) FCA 754.1 (c)
Under section 754 FCA an adjournment in contemplation of dismissal is not a disposition option. Nevertheless, the court MAY grant an adjournment in contemplation of dismissal at the dispositional hearing. Such an adjournment would not be a disposition but rather aid the court in its final disposition.
FCA 755 (b)
The maximum duration of a suspended judgment of a person in need of supervision is:
(a) 1 year
(b) 18 months
(c) 2 years
(d) 30 months
(a) FCA 755 (b)
The maximum duration of a suspended judgment is one year. If the court finds at the conclusion of the year that exceptional circumstances exist, it may require an additional year of the suspended judgment.
FCA 756 (b)
Placement of a person adjudicated a PINS may be in the child’s own home or in the custody of a suitable relative or other suitable private person or a commissioner of social services. Placement with social services may be for:
(a) an initial period of 12 months
(b) an initial period of up to 60 days
(c) a maximum period of 1 year
(d) a maximum period of 18 months
(b) FCA 756(b)
Such placement may be for an initial period of no greater than 60 days. The court may extend placement per section 756-a, recommend restitution or require services for the public good in conjunction with placement.