Article 7 Volume One

Question 1

711. Purpose.
     The purpose of this article is to provide a due process of law for considering a claim that a person is in need of supervision and for devising an appropriate order of disposition for any person adjudged ___________________

Answer 1

in need of supervision.

Question 2

712- Definitions:

A “person in need of supervision” is:

• a person less than ____________ of age who
• does not attend _________ , or
• is incorrigible, ungovernable or habitually disobedient, and beyond the lawful ___________of a parent or other person responsible for their care, or other lawful authority, or
• who violates PL 230.00 (________ ), or
• who appears to be _______________ child, but only if the child consents to the filing of a petition under this article

Answer 2

EIGHTEEN (18) YEARS……….school……. control …… Prostitution…….. a sexually exploited

Question 3

712- Definitions:

“Pre-dispositional placement”. (DETENTION)
The temporary care and maintenance of children away from __________

Answer 3

their own homes

Question 4

712- Definitions:

“Fact-finding hearing”.
A hearing to determine whether the respondent did the acts alleged to show that he or she violated ________or is ungovernable or habitually ________ and beyond ___________ of his or her parents, guardian or legal custodian.

Answer 4

a law ……. disobedient………. the control

Question 5

712- Definitions:

Dispositional hearing-
A hearing to determine whether the respondent requires __________ or ___________

Answer 5

supervision or treatment

Compare this to Article 3 where the determination is Supervision, Treatment or Confinement (SuTreCon).
Here it is just SuTre!

Question 6

712- Definitions:

Aggravated circumstances-
These are serious circumstances generally involving a child who has been severely or repeatedly abused as defined in FCA 1012 (j)

Answer 6

712- Definitions:

Aggravated circumstances-
These are serious circumstances generally involving a child who has been severely or repeatedly abused as defined in FCA 1012 (j)

Question 7

712- Definitions:

Permanency Hearing-
A hearing held to review the __________ status of the respondent and a permanency plan to be put in place on behalf of the respondent

Answer 7

foster care

Question 8

712- Definitions:

“Diversion services”.

Services provided to children and families for the purpose of avoiding the need to ________ or direct the pre-dispositional ___________ of the child.

Answer 8

file a petition…….. placement

Question 9

712- Definitions:

Diversion services shall include:

• efforts to adjust cases __________a petition is filed, or by order of the court, after the petition is filed but before fact-finding is commenced; and
• preventive services provided in social services law to avert _________ of the child, including crisis intervention and respite services.
• (Bard) Diversion services may include an assessment for substance use disorder in cases where a person is seeking to file a petition alleging that a child has a substance use disorder or is in need of immediate detoxification or substance use disorder services.
• The designated lead agency (IS/IS NOT) required to pay for the assessment or services, except in cases where medical assistance for needy persons may be used to pay for all or any portion of the costs.

Answer 9

before ….. the placement ….. IS NOT

Question 10

712- Definitions:

“Substance use disorder”.
The misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the person’s physical and mental health or the welfare of others.

Answer 10

712- Definitions:

“Substance use disorder”.
The misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the person’s physical and mental health or the welfare of others.

Question 11

712- Definitions:

“Assessment for substance use disorder”.
Assessment by a provider that has been certified by the office of alcoholism and substance abuse services of a person less than _____________ of age where it is alleged that the youth is suffering from a substance use disorder which could make a youth a danger to himself or herself or others.

Answer 11

eighteen years

Question 12

712- Definitions:

“A substance use disorder which could make a youth a danger to himself or herself or others”.
A substance use disorder that is accompanied by the dependence on, or the repeated use or abuse of, drugs or alcohol to the point of intoxication such that the person is in need of immediate detoxification or other substance use disorder services.

Answer 12

712- Definitions:

“A substance use disorder which could make a youth a danger to himself or herself or others”.
A substance use disorder that is accompanied by the dependence on, or the repeated use or abuse of, drugs or alcohol to the point of intoxication such that the person is in need of immediate detoxification or other substance use disorder services.

Question 13

712- Definitions:

713 Jurisdiction
The family court has_____________ over any proceeding involving a person alleged to be a person in need of supervision

Answer 13

exclusive original jurisdiction

Question 14

712- Definitions:

714- Determination of age
The age of the respondent at the time________________ allegedly arose is controlling.
If the respondent is within the jurisdiction of the court and a petition is filed after the respondent’s ______________ BIRTHDAY then the court will dismiss the petition

Answer 14

the need for supervision……. EIGHTEENTH

Question 15

716- Substitution of petition
At any time the court can substitute a ________ petition for a petition to determine if a person is in need for supervision

Answer 15

neglect

Question 16

717- Venue

PINS proceedings are originated in the county in which the ___________ . This is the same for JD petitions and the method used in criminal proceedings as well.

The court may transfer the proceedings to another county on motion for good cause shown

Answer 16

act or acts allegedly occurred

Question 17

718 - Return of run away

A peace or police officer may return to a parent any child under the age of __________ who has run away from home.

Answer 17

EIGHTEEN (18)

Question 18

718 - Return of run away

A peace or police officer may conclude a child is considered a runaway if they refuse to give their ______and _______ or the name of an address of a parent or person legally responsible for them or the officer has reason to doubt the name and address given

Answer 18

name and address

Question 19

718 - Return of run away

If returning to the parents is unsafe or not possible then such peace or police officer may bring the child to a facility certified by the _________________ , who will then inform the parent

Answer 19

office of children and family services

Question 20

718 - Return of run away

A peace or police officer may also return a run away from the custody of the commissioner or authorized agency

Answer 20

718 - Return of run away

A peace or police officer may also return a run away from the custody of the commissioner or authorized agency

Question 21

720. Pre-dispositional placement

No child to whom the provisions apply shall be detained in any prison, jail, lockup, or other place used for adults or children convicted of crime or under arrest and charged with a crime.

Under this article, no child shall be _________ in a secure detention or non-secure facility

Answer 21

detained

Question 22

720. Pre-dispositional placement

Pre-dispositional placement of a person alleged to be or adjudicated as a person in need of supervision shall be authorized only in

• a _____________ program certified by the office of children and family services or
• a short-term __________ , or
• a certified or approved family ___________ pursuant to the social services law.

Answer 22

foster care……… safe house……….. boarding home

Question 23

720. Pre-dispositional placement

The setting (location) of the pre-dispositional placement (MAY/SHALL) take into account:

• The distance of the placement to where the person ________ with their parents or the person they will be discharge to; and
• Their current _________ setting and its distance to the placement

Answer 23

SHALL….. lives………educational

Question 24

720. Pre-dispositional placement

The court shall not order or direct pre-dispositional placement unless:

the court determines and states in its written order:

• (1) that there is no substantial likelihood that the youth and his or her family will continue to benefit from diversion services, including but not limited to, any available respite services; and
• (2) that all available alternatives to detention have been exhausted; and
• (3) that pre-dispositional placement of the respondent is in the best interest of the respondent; and
• (4) that it would be contrary to the welfare of the respondent to continue in their own home;
• or if the sole basis for the petition is that the respondent does not ___________ in accordance with the provisions of education law

Answer 24

attend school

Question 25

720. Pre-dispositional placement

Where the youth is __________ of age or older, the court shall not order or direct pre-dispositional placement, unless the court determines and states in its order that special circumstances exist to warrant such placement.

Answer 25

sixteen (16) years

Question 26

720. Pre-dispositional placement

If in addition to the provisions of this section, the respondent may be a ____________ , the court may direct the respondent to an available short-term safe house

Answer 26

Sexually exploited child

Question 27

723 Duties of private person before and after taking into custody.

Before taking into custody, a private person must inform the person of the cause and require them to submit.

After taking into custody, such private person must take the person without unnecessary delay:

Answer 27

Again, this is very similar to JD. Take them to the Ho, the PO or the Co.

• to his home, Or
• deliver to a peace or police officer or
• to a family court judge

Question 28

724- Duties of police officer or peace officer after taking into custody or on delivery by private person.

If a police or peace officer takes an alleged PINS into custody, they shall immediately notify the ______________ for their care

Answer 28

parent or PLR

Question 29

720. Pre-dispositional placement

If a police or peace officer takes an alleged PINS into custody, after making reasonable efforts at giving notice, an available option is that the officer shall:

1. Release the youth to the custody of his parents upon a written promise without security that they will produce the youth before a lead agency for ___________ at a designated time and place.

(In the absence of special circumstances, this option MUST be taken); or

Answer 29

diversion services

Question 30

724- Duties of police officer or peace officer after taking into custody or on delivery by private person.

If a police or peace officer takes an alleged PINS into custody, after making reasonable efforts at giving notice, an available option is that the officer shall:

2. Forthwith with all reasonable speed take the youth directly to the _________ in the county where the acts occurred unless it is first necessary to question the youth, in which case he will be taken to a facility for questioning designated by the chief administrator of the courts or to the youth’s home with the consent of the parents; or

Answer 30

designated lead agency

Question 31

724- Duties of police officer or peace officer after taking into custody or on delivery by private person.

If a police or peace officer takes an alleged PINS into custody, after making reasonable efforts at giving notice, an available option is that the officer shall:

3. Take a youth in need of crisis intervention or respite services to a runaway and homeless youth crisis services program or other approved respite or crisis program

Answer 31

724- Duties of police officer or peace officer after taking into custody or on delivery by private person.

If a police or peace officer takes an alleged PINS into custody, after making reasonable efforts at giving notice, the officer shall:

3. Take a youth in need of crisis intervention or respite services to a runaway and homeless youth crisis services program or other approved respite or crisis program

Question 32

724- Duties of police officer or peace officer after taking into custody or on delivery by private person.

If a police or peace officer takes an alleged PINS into custody, after making reasonable efforts at giving notice, an available option is that the officer shall:

4. If unable to exercise any other options, then take the youth directly to the ___________ in the county where the acts allegedly occurred

Answer 32

family court

Question 33

725- Summons or warrant on failure to appear.

The family court may issue a ____________ for a person who fails to produce a child pursuant to the written promise, requiring the person to bring the child to court at a specified time and place or may issue a ______________ for either or both of them, directing that they be brought to court

Answer 33

summons………….warrant