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civil court > Family Court > Flashcards

Family Court Flashcards

1
Q

FCA 113 In which counties of NYS is the family court established?

A

The family court is established in each of the 62 counties of NYS

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2
Q

FCA 114 T/F The jurisdiction of the family court limits the jurisdiction of the supreme court as set forth in the NYS constitution

A

False

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3
Q

FCA 115 T/F The family court has exclusive original jurisdiction over abuse and neglect proceedings

A

True

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4
Q

FCA 115 Does the family court have any powers in habeas corpus proceedings?

A

Yes

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5
Q

FCA 115 T/F The family court does not have exclusive original jurisdiction over juvenile delinquency proceedings

A

False

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6
Q

FCA 152 T/F FC judge may dispense with formality of placing a minor under oath.

A

True

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7
Q

FCA 1530-a When may a FC warrant of arrest be executed?

A

Any day of week,any hour of day or night. 24/7

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8
Q

FCA 154-b A counterclaim in a proceeding requesting an OP, must be filed at least ___ days before hearing for the counterclaim to be heard on the hearing date.

A

5

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9
Q

FCA 154-d If a LCC issues an OP returnable in FC, the matter must be returnable the next day that FC is in session (but in no event more than __ calendar days after the issuance of the order).

A

4

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10
Q

FCA 155 If an adult is arrested under FC act and court is not in session, adult must be taken to ____.

A

The most accessible magistrate to be arraigned.

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11
Q

FCA 158 Protective custody of material witness under 16 cannot extend more than ___ day without renewal

A

14

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12
Q

FCA 158 The maximum period (including extensions) of custody of a material witness under 16 is ___ days

A

42

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13
Q

FCA 171 T/F A FC order may be enforced only in county where order was made.

A

False may be enforced or modified in FC in any county where party affected by order resides or is found.

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14
Q

FCA 174 T/F FC of one county must dismiss proceeding if venue is wrong.

A

False, FC SHALL transfer a proceeding laying venue in a wrong county to the FC in any county where the proceeding might have been originated.

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15
Q

FCA 175 Violation of probation proceeding may be heard in county where order was made or ___.

A

county where violation occurs

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16
Q

FCA 117 In which counties is a child abuse part established?

A

in every county of NYS

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17
Q

FCA 115 T/F The FC has exclusive original jurisdiction over family offenses.

A

False FC has concurrent jurisdiction with the criminal court over all family offenses as defined in Article 8

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18
Q

FCA 117 Designated felony parts are established in which counties?

A

in the 5 NYC counties

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19
Q

FCA 119 T/F A “duly authorized agency” may be a foreign corporation that has a place of business in NYS

A

False, “duly authorized association, agency, society or institution” means:
1. an incorporated (NYS) society for the prevention of cruelty to children, or
2. any institution supported or controlled by NYS or subdivision, or
3. any public welfare official of NYS, or
4. an association, agency,, society, or institution empowered to care for children WHICH:
a. is incorporated by NYS law, and
b. has a place of business or home in NYS and
c. is approved, visited, inspected and supervised by
NYS department of social services, or consents to
approval, visitation, inspection, and supervision of the
department

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20
Q

FCA 119 An “infant” or “minor” is a person who has not attained the age of ___.

A

18

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21
Q

FCA 152 A Family Court judge may:

  1. administer oaths, and
  2. take acknowledgments, and
  3. designate an official to administer oaths and take acknowledgments, and
  4. ____________________________
A

dispense wit the formality of placing a minor under oath

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22
Q

FCA 153-c A person requesting a TOP is entitled to file petition on the same day, and a hearing on the request shall be held the same day or ____

A

next day the court is in session

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23
Q

FCA 154-a In every FC proceeding a copy of the petition must be served on respondent at time of service of process or, if that is not practicable, at the ______ of respondent.

A

first court appeatance

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24
Q

FCA 166 T/F Famlly court records are open to the public

A

False Shall not be open to public inspection. However, court may permit inspection of any papers or records. Any authorized agency, association, society or institution to which a child is committed may cause an inspection of record of investigation and may in discretion of court obtain a copy

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25
Q

Which os the following choices is not correct? A “duly authorized association, agency, society or institution” means:

a. an incorporated (NYS) society for the prevention of cruelty to children, jor
b. any institution supported or controlled by NYS or subdivision, or
c. any public welfare official
d. an association, agency, society, or institution empowered to care for children which 1) is incorporated by NYS law, 2) has place of business or home in NYS, and 3) is approved, visited, inspected and supervised by NYS department of social services, jor consents to approval, visitation, inspection, and supervision of the department

A

C (FCA 119) any public welfare official OF NYS

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26
Q

Which of the following four powers are correct? A Family Court judge may:

  1. administer oaths, and
  2. take acknowledgments, and
  3. designate an official to administer oaths and take acknowledgments, and
  4. dispense with the formality of placing a minor under oath.
    a. All are correct
    b. Only 1, 2, & 3 are correct
    c. only 1, 3 & 4 are correct
    d. Only 1, 2 & 4 are correct
A

A (FCA 151)

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27
Q

Which of the following is false? A FC judge:

a. may issue a warrant of arrest
b. may administer oaths & take acknowledgments
c. may issue a subpoena
d. may not fix or accept bail

A

D (FCA 153) A family court judge MAY fix or accept bail

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28
Q

Which of the following is correct?

a. A FC judge may not issue a subpoena
b. A FC may send process outside the state in paternity proceedings
c. A FC warrant of arrest may not be executed on legal holidays
d. A FC judge may not take acknowledgments and administer oaths

A

B (FCA 154) A FC MAY send process outside the state in paternity proceedings

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29
Q

If a person seeks a TOP as part of any proceeding in the FC, the person must be allowed to file the petition the same day the person appears in FC, and the hearing must be held:

a. same day
b. same day or next day
c. same day or next day court is in session
d. within 3 days of filing the petition

A

C (FCA 153-C) same day next day court is in session

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30
Q

FC can send process outside the state in ___ and ___ proceedings.

a. family offense and JD
b. support and JD
c. Paternity and PINS
d. support and paternity

A

D (FCA 154) support and paternity

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31
Q

In a proceeding requesting an OP, a counterclaim must be served not less than ___ days before hearing if the counterclaim is to be heard on the date of the hearing
a. 1 day b. 3 days c. 5 days d. 4 days

A

C (FCA 154-B) 5 days

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32
Q

Choose the best answer. A lawful order of the FC of Kings county may be enforced in any other county:

a. in New York City
b. adjoining the county of issuanced
c. where respondent resides
d. where respondent resides or is found

A

D (FCA 171) where respondent resides or is found

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33
Q

Which os the following 2 statements are true?

  1. FC records shall not be open to indiscriminate public inspection
  2. The court may in any case permit inspection of any papers or records.
    a. 1 only is true
    b. 2 only is true
    c. both 1 & 2 are true
    d. neither 1 nor 2 are true
A

C (FCA 166) shall not be open to indiscriminate public inspection. However, the court may in any case permit inspection of any papers or records

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34
Q

Which of the following 3 statements are correct?
1. cash bail may be accepted by a desk officer at any tine within NYC
2. cash bail may never be accepted by a desk officer
3. cash bail may only be accepted by a desk officer if outside NYC
a 1 only is correct
b. 2 only is correct
c. 3 only is correct
d. neither 1 nor 2 nor 3 are correct

A

D (FCA 155-A) Cash bail may be accepted by a desk officer or his superiors from any person arrested on a warrant from the FC: 1) in NYC, for an arrest between 2:00pm and 8:00am, and 2) outside NYC, for an arrest between 11:00am and 8:00am

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35
Q

The definition of a “duly authorized agency” includes an association, agency, society, or institution empowered to care for children which:

  1. is incorporated by NYS law, and
  2. has place of business or home outside NYS, and
  3. is approved, visited, inspected and supervised by state department of social services, or consents to approval, visitation, inspection, and supervision of the department.
    a. only 1 & 3 are correct
    b. only 1 &2 are correct
    c. only 2 & 3 are correct
    c. 1, 2 & 3 are all correct
A

A (FCA 119) 2. is incorrect, has place of business or home IN NYS

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36
Q

In proceeding to establish paternity or establish, modify or enforce support, court may send process outside NYS in same manner and same force and effect as process sent as per CPLR 302 (Long Arm Stature), and FCA 5B (UIFSA: Uniform Interstate Family Support Act), even if person is not a NYS resident or domiciliary, if: 1. the child was conceived in NYS, or

  1. child resides in NYS as result of actions of person to be served, or
  2. person has resided with child in NYS, or
  3. person filed with putative father registry (maintained by Department of Social Services)
    a. only 1, 2 & 4 are correct
    b. only 1, 3 & 4 are correct
    c. only 2, 3 & 4 are scorrect
    d. 1, 2, 3, & 4 are all correct
A

D (FCA 154-D) All are correct

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37
Q

A LCC may on an ex parte basis issue a TOP pending a hearing in FC upon an affidavit that:

  1. FC is in session
  2. a family offense has been committed
  3. a family offense petition has been filed or will be filed in FC next day FC is in session
  4. shows good cause
    a. only 1, 2 & 4 are correct
    b. only 1, 3 & 4 are correct
    c. only 2, 3 & 4 are correct
    d. 1, 2, 3 & 4 are all correct
A

C (FCA 154-D) #1 FC is NOT in session

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38
Q

A petitioner, upon appearing in a LCC for the issuance of a TOP in a family offense matter, shall be advised by the court that:
1. petitioner may continue the proceeding in the LCC (upon filing an accusatory instrument), or
2. petitioner may continue the proceeding in FC, or
3. petitioner may not continue the proceeding in both the LCC and FC
a. only 1 & 3 are correct
b. only 1 & 2 are correct
c. only 2 & 3 are correct
d, 1, 2 & 3 are all correct

A

B (FCA -D) #3 petitioner MAY continue the proceeding in both the LCC & FC

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39
Q

The FC act applies:

a. in all criminal court proceedings
b. in all civil and criminal judicial proceedings
c. in every county in NYS
d. only in counties with cities with a population greater than one milion

A

C (FCA 112) FC act applies in every county in NYS

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40
Q

Which of the following is false?

a. A minor shall mean a person who has not attained the age of 18
b. A child abuse part is established in every FC
c. An infant shall mean a person who has not attained the age of 18
d. A designated felony part is established only in counties outside the city of New York

A

D (FCA 117) A designated felony part is established only in counties WITHIN the city of New York

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41
Q

Which of the following is not correct? The family court has exclusive original jurisdiction over the following proceedings:

a. abuse
b. support
c. paternity
d. habeas corpus

A

D (FCA 115) The family court has “other jurisdiction” in habeas corpus proceedings

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42
Q

FCA 212 Generally, rules of FC are statewide and are prepared by ____

A

pare prepared by the administrative board of the judicial conference

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43
Q

FCA 214 The ____ establishes statewide forms (such as petitions, summons, warrants, subpoenas, undertakings, and other order authorized under the FCA)

A

The state administrator establishes statewide forms

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44
Q

FCA 231 A child within court’s jurisdiction who appears to be mentally retarded may be ordered by court to be examined as provided in _____

A

examined as provided in MENTAL HYGIENE LAW

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45
Q

FCA 248 if legal representation is not available to a minor, the FC must appoint one in the following proceedings: Articles (6 articles)

A

Articles 3, 7, 10, 10-a, 10-b, 10-c

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46
Q

FCA 248 T/F? Respondent is NOT permitted to waive right to be represented by counsel in proceeding to continue placement of a JD or PINS (FCA 756, 353.3) or to continue commitment to custody of commissioner of mental health or mental retardation and developmental disabilities (FCA 322.2)

A

True

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47
Q

FCA 217 The court shall file or direct the filing of a FC order within ___ days of the decision of the court, OR within ___ days of settlement of the order on notice.

A

within 20 days of the decision of the court, OR within 20 days of settlement of the order on notice

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48
Q

FCA 262 T/F? Petitioner and respondent in FCA 10 (child protective) proceeding are always entitled to free counsel if indigent.

A

False Only a respondent is so entitled (unless it is a proceeding under article 10, part 8 {visitation of minors in foster care}, in which case a petitioner is so entitled)

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49
Q

FCA 262 T/F? A petitioner and respondent, if indigent, are entitled to free counsel in an article 8 (family offenses) proceeding

A

True if indigent, both are entitled to free counsel in an article 8 (family offenses) proceeding

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50
Q

FCA 262 T/F? A petitioner, if indigent, is entitled to free counsel in an article 5 (paternity) proceeding

A

False Only a respondent is so entitled

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51
Q

FCA 262 T/F? Implementation of orders assigning counsel shall be as provided in article 18B of county Law

A

True

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52
Q

FCA 216-B T/F? Clerk of FC shall use discretion in giving out petition forms to persons requesting them.

A

False Clerk MUST give forms to all that request them

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53
Q

FCA 216-C T/F? Any person assisting in the preparation of a FC petition shall exclude irrational allegations presented by the petitioner.

A

False All allegations must be included

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54
Q

FCA 216-C (B) T/F?Generally, no clerk or probation officer may prevent any person who wishes to file a petition from having such petition filed with the court immediately

A

True

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55
Q

FCA 216-C (C) T/F? If there is a question regarding whether or not the FC has jurisdiction, the clerk shall not assist in the preparation of a petition

A

False Clerk MUST assist, even if there is a question regarding jurisdiction

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56
Q

FCA 217 FC orders must be filed where?

A

Fc orders must be filed with clerk of FC in county of court making order

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57
Q

Which of the following is not correct? If legal representation is not available to a minor, the FC must appoint one in the following proceedings:

a. Articles 1, 2, 3, 7, 10, 10-a, 10-b, 10-c
b. where revocation of adoption consent is opposed (115-b of domestic relations law)
c. proceeding under 358-a, 383-c, 384, 384-b of social services law
d. where minor is sought to be placed in protective custoday

A

A (FCA 249) This chould read “Articles 3, 7, 10, 10-a, 10-b, 10-c” (articles 1 & 2 are not included)

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58
Q

Which of the following two statements are correct? Generally, the clerk of the FC must not use discretion and common sense in giving out petition forms to persons requesting them:

  1. in family offense proceedings
  2. in support proceedings.
    a. only 1 is correct
    b. only 2 is correct
    c. both 1 & 2 are correct
    d. neither 1 nor 2 are correct
A

C (FCA 216-B) petition forms MUST be given out freely in family offense proceedings and support proceedings

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59
Q

Any court employee assisting a petitioner who is not represented by counsel must:

a. use discretion in listing the allegations of the petitioner
b. list only those allegations which do not charge a criminal offense
c. list all allegations, even if the person seems intoxicated
d. list only those allegations which can reasonably be verified

A

C (FCA 216-C) list all allegations, even if the person seems intoxicated (no matter what, list all)

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60
Q

Which of the following statements relating to FC orders is false?

a. To be effective, an order must be signed with the judge’s signature or initials
b. The original of a FC order is filed with the county court
c. A FC order shall be in writing
d. The court shall file or direct the filing of such order

A

B (FCA 217) The original of a FC order MUST be filed with clerk of the FC IN COUNTY WHERE FC MAKING SUCH ORDER IS LOCATED

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61
Q

Which of the following persons does NOT have the right to free counsel if unable to afford counsel?
a Respondent in an article 10 child protective proceeding
b. Petitioner or respondent (article 8 family offenses proceeding)
c. Parent of child seeking custody (384-a)
d. Petitioner in an article 5 paternity proceeding

A

D (FCA 262) Petitioner in an article 5 (paternity) proceeding

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62
Q

Which of the following does NOT have the right to free counsel if unable to afford counsel?

a. person liable to be punished for contempt
b. parent of child who opposes adoption
c. respondent in article 5 (paternity) relating to establishment of paternity
d. respondent in article 4 (support) relating to support

A

D (FCA 262) Respondent in article 4 proceeding relating to support

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63
Q

Where a FC judge does NOT specify the manner in which an order must be served, the order must be served as per the applicable provision of the :

a. CPL
b. SCPA
c. RPAPL
d. CPLR

A

D (FCA 217) CPLR

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64
Q

Who prepares the rules of court for the FC?
a. Chief Judge of the court of appeals
b. each appellate division
c. the State Administrator
dl administrative board of judicial conference

A

D (FCA 212) administrative board of judicial conference

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65
Q

The court must file or direct the filing of a FC order within ___ days of the court’s decision or ___ days of settlement of the order on notice.
a. 20, 20 b. 30, 30 c. 45, 45 d. 60, 60

A

A (FCA 217) within 20 days of the court’s decision or 20 days of settlement

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66
Q

Which of the following are entitled to free counsel if indigent:

  1. a respondent in a family offense proceeding
  2. a petitioner in an article 8 family offense proceeding
  3. a petitioner in an article 5 paternity
    a. 1 only
    b. 1 & 2 only
    c. 2 & 3 only
    d. 1, 2 & 3
A

B (FCA 262) A petitioner in an Article 5 proceeding (paternity) is not entitled to free counsel

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67
Q

If legal representation is not available to a minor, the FC must appoint one in the following proceedings:
1. Articles 3, 7, 10, 10-a
2 where revocation of adoption consent is opposed (115-b of domestic relations law)
3. proceeding under 358-a, 383-c, 384, 384-b of social services law
4. where minor is sought to be placed in protective custody (FCA 158)
a. 1 & 2 only
b. 1, 2, & 3 only
c. 1, 2, & 4 only
d. 1, 2, 3 & 4

A

D (FCA 249) All proceedings listed

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68
Q

FC forms, such as those for warrants, subpoenas, petitions, summonses, etc. are promulgated by:

a. the state administrator and used statewide
b. the Chief Judge of the court of appeals and used only in cities (population over one million)
c. each appellate division and used only in that district
d. the estate administrator and used statewide

A

A (FCA 214) The state administrator and used statewide

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69
Q

FCA 301.2 A ___ hearing means a hearing to determine whether the respondent committed the crime(s) alleged in the petition.

A

A FACT-FINDING hearing means a hearing…..

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70
Q

FCA 201.2 A ___ hearing means a hearing to determine whether the respondent requires supervision, treatment, or confinement.

A

A DISPOSITIONAL hearing means…..

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71
Q

FCA 201.2 A Designated Class “A” Felony Act (13, 14, 15) are: murder 1 & 2 degree, kidnaping 1 degree, arson 1 degree, and ___ (PL 130.91).

A

and sexually motivated felony (PL130.91)

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72
Q

FCA 301.2 _____ is the agency or authority responsible for presenting a JD petition. (In NYC the agency is the corporation counsel of Assistant DA)

A

Presentment Agency is the agency……

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73
Q

FCA 302.1 In determining the jurisdiction of the court the age of such person at the time that ___ is controlling

A

at the time that THE DELINQUENT ACT ALLEGEDLY OCCURRED is controlling

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74
Q

FCA 303.1 Generally, the provisions of the CPL (shall/shall not?) apply to proceedings under this article.

A

SHALL NOT (unless the applicability of such sections are specifically prescribed by the FCA).

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75
Q

FCA 304.2 T/F? The court may issue a temporary order of protection only after motion on notice to the alleged JD.

A

False The court may issue a temporary order of protection ex parte (without notice to the alleged JD)

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76
Q

FCA 311.4 At any time during the proceeding, the court may, upon motion of a respondent or its own motion and with the consent of the presentment agency substitute the JD petition by a ____ petition.

A

agency substitute the petition by a PERSON IN NEED OF SUPERVISION (PINS) petition

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77
Q

FCA 307.1 After issuance of an appearance ticket for a ___ (type of offense), the appearance time is within no later than 72 hours (excluding Sat., Sun., holidays) after issuance

A

for a DESIGNATED FELONY, the appearance time……

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78
Q

FCA 307.1 After issuance of an appearance ticket for ___ (type of offense), the appearance time is within no later than 14 days after issuance.

A

ticket for OTHER THAN A DESIGNATED FELONY the appearance time…..

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79
Q

FCA 310.1 Who can originate a JD proceeding?

A

Only a PRESENTMENT AGENCY can originate a JD proceeding.

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80
Q

FCA 312.1 JD summons and petition must be served at least ___ before the hearing.

A

must be served at least 24 HOURS before the hearing

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81
Q

FCA 320.2 If respondent is detained, initial appearance must be no later than 72 hrs after filing petition, or ___

A

after filing petition, or NEXT DAY COURT IS IN SESSION, WHICHEVER IS SOONER

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82
Q

FCA 320.2 If respondent is not detained, intial appearance must be not later than ___ after petition is filed.

A

not later than 10 DAYS after petition….

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83
Q

FCA 320.2 At the initial appearance the court (may/must?) appoint an attorney to represent the respondent if independent legal representation is not available to the respondent

A

the court MUST appoint an attorney….

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84
Q

FCA 342.2 At fact-finding hearing (JD) evidence must be:

A

evidence must be: Competent
Relevant
And
Material CRAM

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85
Q

FCA 342.2 Evidentiary standard at fact-finding hearing (JD) is ___.

A

fact-finding hearing (JD) is PROOF BEYOND A REASONABLE DOUBT

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86
Q

FCA 350.1 If respondent is detained and not been found to have committed a designated felony, dispositional hearing must be held not more than ___ days after entry of fact-finding order

A

not more than 10 DAYS after entry of fact-finding order

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87
Q

FCA 350.1 After a finding that respondent committed an act other than a designated felony, the dispositional hearing must be not later than ___ days after the fact-finding order.

A

not later tan 50 DAYS after the fact-finding order

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88
Q

FCA 350.3 Dispositional hearing (JD) evidence and evidentiary standard are:

A

evidence and evidentiary standard are: EVIDENCE (MATERIAL AND RELEVANT) AND EVIDENTIARY (PREPONDERANCE OF THE EVIDENCE)

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89
Q

FCA 353.1 JD conditional discharge maximum period is ___.

A

maximum period is 1 YEAR

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90
Q

FCA 353,2 JD maximum probation is ___,

A

max probation is 2 YEAR (CAN BE EXTENDED FOR 1 MORE YR).

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91
Q

FCA 353.3 Maximum period of placement for JD is : felony ___ and for a misdemeanor ___,

A

JD is: felony 18 MONTHS and for a misdemeanor 12 MONTHS

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92
Q

FCA 353,5 Restrictive placement (designated class A felony) shall be for a period of ___ years.

A

for a period of 5 YEARS (AND INITIALLY CONFINED IN A SECURE FACILITY FOR 12-18 MONTHS).

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93
Q

FCA 353.6 Maximum JD restitution is ___.

A

maximum JD restitution is $1,500

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94
Q

FCA 322.1 T/F? At any proceeding under this article, the court must issue an order that the respondent be examined (by 2 qualified psychiatric examiners) when it is of the opinion that there is probable cause to believe that he is an incapacitated person.

A

True

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95
Q

FCA 332.2 Generally, all pre-trial motions shall be filed within ___ days after initial appearance and before fact-finding hearing commences (or within 30 days of initial appearance of attorney for respondent).

A

all pre-trial motions shall be filed within 30 DAYS….

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96
Q

FCA341.1 T/F? The general public may be excluded (at the discretion of the judge) from any procceeding under this article.

A

True

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97
Q

FCA 343.1 Unless the court deems otherwise, generally witnesses more than ___ years of age testify under oath. Under ___ years of age testify without takin oath (unless court finds that child understands the oath).

A

witnesses more than 9 YEARS of age testify…Under 9 YEARS of age without taking oath…

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98
Q

FCA 355.3 A petition for extension of placement shall be filed at least ___ days prior to the expiration of the period of placement, except for good cause shown, but in no event after original placement expiration date.

A

shall be filed at least 60 DAYS prior to the expiration….

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99
Q

FCA 355.5 After a child is placed with the commissioner of social services or office of children and family services for a period of ___ months or more, an initial permanency hearing must be held no later than ___ months after respondent entered foster care

A

family services for a period of 12 MONTHS or more,…must be held no later than 12 MONTHS after respondent entered foster care

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100
Q

FCA 355,5 At JD permanency hearing, court must consider and determine in its order, in the case of respondent sho has attained the age of ___, if reasonable efforts were made to determine services needed to assist respondent to make transition from foster cate to independent living

A

respondent who has attained the age of 14, if reasonable efforts were made…..

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101
Q

FCA 301.2 JD is a person over ___ and less than ___ years of age who committed an act that would be a crime is committed by an adult and is not criminally responsible because of infancy, or who is a defendant in an action removed from the CC, pursuant to CPL 725.

A

a person over 7 AND LESS THAN 16 YEARS

memorize complete definition

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102
Q

FCA 301,2 Designated Class A felonies are: murder 1 & 2 degree, arson 1 degree, and ___ and ___

A

and KIDNAPING 1 DEGREE, AND SEXUALLY MOTIVATED FELONY

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103
Q

FCA 302.2 Statute of Limitations for JD misdemeanors is 2 years or up to respondent’s ___ birthday, whichever occurs earlier.

A

up to respondents 18TH BIRTHDAY, whichever occurs earlier

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104
Q

FCA 302.2 S/L for JD designated felonies is 5 years or respondent’s ____ birthday, whichever occurs earlier.

A

or respondent’s 20TH BIRTHDAY

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105
Q

FCA 302.3 Venue is JD proceeding is ____

A

Venue in JD proceeding is COUNTY IN WHICH ACTS ALLEGEDLY OCCURRED

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106
Q

FCA 304.1 The detention of a child under ___ years of age in a secure facility shall not be directed under any provisions of the FCA

A

detention of a child under 10 YEARS o f age…….

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107
Q

FCA 306.1 Fingerprints of JD must be taken if 11 or older and charged with ____

A

11 or older and charged with A OR B FELONY (AND IF 13 OR OLDER, CHARGED WITH C, D, OR E FELONY)

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108
Q

FCA 306.2 Upon receipt of fingerprint report from DCJS,the receiving office or agency must give 2 copies to FC and 2 copies to ____

A

FC and 2 copies to PRESENTMENT AGENCY (WHO WILL GIVE 1 COPY TO RESPONDENT OR HIS ATTORNEY)

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109
Q

Which of the following is not correct? A juvenile delinquent is a person:

a. over 7 and less than 16
b. who committed an offense
c. not criminally responsible for such conduct by reason of infancy
d. who is the defendant in an action ordered removed from a criminal court to family court pursuant to CPL 725

A

B (FCA 301.2) The JD must have committed a crime (felony or misdemeanor) and not just any offense. Committing a violation does not qualify a person for JD status.

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110
Q

Which of the following offenses is not a Class “A” felony act ?

a. murder 1 & 2 degree b. kidnaping 1 degree
c. arson 1 degree d. reckless endagerment

A

D (FCA 301.2) The Designated Class”A” Felony Acts (13, 14, and 15) are: murder 1 & 2 degree, kidnaping 1 degree, arson 1 degree, and sexually motivated felony(PL 130.91)

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111
Q

A JD ___ be fingerprinted if he has committed an A or B felony and he is ___or older.
a. shall…11 b. may…11 c. shall…7 d.may…10

A

A (FCA 306.1) JD SHALL be fingerprinted if he …and he is 11 or older

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112
Q

At a JD dispositional hearing the evidentiary standard is:

a. preponderance of the evidence
b. proof beyond a reasonable doubt
c. reasonable evidence
d. fair and reasonable evidence

A

A (FCA 350.3) evidentiary standard is PREPONDERANCE OF THE EVIDENCE

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113
Q

A JD summons and petitions must be served at least ___ before the time stated for appearance.
a. 24 hours b. 1 day c. 72 hours d. 3 days

A

A (FCA 312.1) at least 24 HOURS before the time stated..

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114
Q

A JD may be of the age of :

a. 6 b. 17 c. 13 d. 18

A

C (FCA 301.2) Juvenile Delinquent (JD) means a person over & and less than 16 years of age, who, having committed an act that would constitute a crime if committed by and adult,

  1. is not criminally responsible for such conduct by reason of infancy, or
  2. is the defendant in an action ordered removed from a CC to FC pursuant to CPL 725.
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115
Q

Restitution in a JD proceeding in a maximum amount up to ___ can be ordered by the court.
a. $1,000 b. $3,000 c. $10,000 d. none of the above

A

D (FCA 353.6) Restitution in a JD proceeding in a maximum amount up to $1,500 can be ordered…

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116
Q

A motion to seal a JD file after a finding cannot be made until the respondent has reached his ___ birthday

A

C (FCA 375.2) …respondent has reached his 16th birthday.

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117
Q

Juvenile Delinquent means a person over 7 and less than 16 years of age, who, having committed an act that would constitute a crime if committed by an adult,

  1. is not criminally responsible for such conduct by reason of infancy, or
  2. is the defendant in an action ordered removed from a CC to the C pursuant to CPL 725
    a. 1 only is correct b. 2 only is correct
    c. both 1 & 2 are correct d. neither 1 nor 2 are correct
A

C (FCA 301.2) both 1 & 2 are correct

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118
Q

A permanency hearing is a hearing to:

  1. review faster care status of respondent’2. appropriateness of the permanency plan developed by the commissioner of social services or the office of children and family services.
    a. only statement 1 is correct
    b. only statement 2 is correct
    c. both statement 1 & 2 are incorrect
    d. both statement 1 & 2 are correct
A

D (FCA 301.2) Both statements are correct

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119
Q

A designated class “A” felony act includes:

a. murder 1 & 2 degree, arson 1 degree (13,14,15) and kidnaping 1 degree
b. murder 1 & 2 degree and arson 1 degree (13,14,15) only
c. murder 1 & 2 degree and kidnaping 1 degree only
d. arson 1 degree (13,14,15 and kidnaping 1 degree only

A

A (FCA 301.2) A designated class “A” felony act includes: murder 1 & 2 degree, arson 1 degree (13,14,15) and kidnaping 1 degree

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120
Q

Which is not correct? On application by presentment agency, court may issue a TOP against respondent:

a. on notice only
b. at any time after a juvenile is taken into custody
c. upon the issuance of an appearance ticket
d. upon filing of a petition

A

A (FCA 304.2) on notice only is incorrect

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121
Q

Which of the following choices in not correct?
The issuing person or agency shall forward a copy of the FC appearance ticket within 24 hours to:
a. complainant b. respondent c. respondent’s parent d. DCJS

A

D (FCA 307.1) DCJS does not have to receive a copy oif the TOP

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122
Q

Upon application by the presentment agency, the court may issue a TOP against a respondent:

  1. ex parte or on notice, or
  2. at any time after a juvenile is taken into custody, or
  3. upon the issuance of an appearance ticket, or
  4. upon filing of a petition.
    a. only statements, 1, 2 & 4 are correct
    b. only statement 2, 3 & 4 are correct
    c. only statements 1, 2 & 3 are correct
    d. statements 1, 2, 13 & 4 are all correct
A

D (FCA 304.2) All statement are correct

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123
Q

A JD petition must charge at least one crime and must contain which of the following?

  1. name of FC in which filed
  2. title of action
  3. fact that respondent is under 16 at the time of alleged acts
  4. signature of assigned FC judge
    a. only statements 1, 2, & 4 are correct.
    b. only statements 2, 3, & 4 are correct
    c. only statements 1, 2 & 3 are correct
    d. statements 1, 2, 3 & 4 are all correct
A

C (FCA 311.1) The petition does not include the signature of the judge. It contains the signature o the presentment attorney

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124
Q

Which of the following choices are correct?
At a JD fact-finding hearing:
1. Court SHALL permit parties to deliver opening addresses
2. Presentment agency MUST offer evidence
3. Respondent MAY offer evidence
4. Presentment agency MAY offer rebuttal evidence
a. Only statements 1 & 2 correct
b. Only statments 1, 2, & 3 are correct
c. Only statement 2, 3 & 4 are correct
d. All 4 statements are correct

A

D (FCA 342.1) All statement are correct

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125
Q

Court may not revoke an order of probation or conditional discharge unless:

  1. court finds that respondent violated condition
  2. respondent has had an opportunity to be heard
    a. 1 only b. 2 only c. both 1 & 2 d. neither 1 & 2
A

C (FCA 360.3) Both 1 & 2

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126
Q

Appeal to appropriate appellate division may be taken as of right by respondent from any order of disposition.
However, appeal to appropriate appellate division may be taken as of right by presentment agency only from:
1. an order dismissing a petition prior to the commencement of a fact-finding hearing
2. an order of disposition, but only on the ground that such order was invalid as a matter of law, and
3. an order suppressing evidence entered before commencement of fact-finding hearing.
a. only statement 1 is correct
b. only statements 1 & 2 are correct
c. only statement 2 is correct
d. statements 1, 2, & 3 are all correct

A

D (FCA 365.1) All statements are correct

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127
Q

Choose the best answer: A proceeding where the alleged charge is ____ must e commenced within the statute of limitations period or respondent’s 20th birthday, whichever occurs earlier

a. a misdemeanor
b. a misdemeanor or felony other than designated felony
c. a designated felony
d. felony or designated felony

A

C (FCA 302.2) …..alleged charge is A DESIGNATED FELONY must be commenced…..

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128
Q

JD proceedings shall be originated in:

a. the county where the JD lives
b. the county where the JD lives or is domiciled
c. the county or adjoining county where the alleged acts occurred
d. none of the above

A

D (FCA 302.3) JD proceedings shall be originated in THE COUNTY WHERE THE ACT(S) ALLEGEDLY OCCURRED

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129
Q

FCA 411 Family Court has exclusive original jurisdiction over a support or maintenance proceedings under Article 4 of the FCA, and Article __ of the FCA

A

…Article 4 of the FCA, and Article 5B of the FCA

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130
Q

FCA 413 Child support percentage of combined parental income for 1 child is __ %

A

…combined parental income for 1 child is 17%

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131
Q

FCA 413 Child support percentage of combined parental income for 2 children is __%

A

…combined parental income for 2 children is 25%

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132
Q

FCA 413 Child support percentage of combined parental income for 4 children is __%

A

…combined parental income for 4 children is 31%

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133
Q

FCA 413 Child support percentage of combined parental income for 3 children is __%

A

…combined parental income for 3 children is 29%

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134
Q

FCA 413 Child support percentage of combined parental income for 5 or more children is ___%

A

…combined parental income for 5 or more children is NO LESS THAN 35%

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135
Q

FCA 413 “self-support reserve” shall mean __% of the poverty income guidelines amount for a single person as reported by the federal department of health and human services

A

“self-support reserve” shall mean 135% of the poverty income…….

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136
Q

FCA 413 T/F? ON March 1 of each year, self-support reserve shall be revised to reflect annual updating of the poverty income guidelines as reported by federal department of health and human services for a single person household. Generally, FC court may not make an order of support that causes income to fall below self-support reserve

A

TRUE

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137
Q

FCA 413-A Parties eligible for adjustment of child support orders shall receive notice in writing (as specified in this section), including that an adjustment of child support order (cost of living adjustment) at the direction of the support collection unit shall not be made earlier than ___ months after issuance, last modification or adjustment of support order

A

…..support collection unit shall not be made earlier than 24 MONTHS after issuance,…..

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138
Q

FCA 415 T/T? Parents and stepparents of children under 21 who are recipients of public welfare and patients in a mental institution are not responsible or the support of such children

A

FALSE …patients in a mental institution ARE RESPONSIBLE for the suppport ….

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139
Q

FCA 439 Support magistrates have the power to (4)

A

Support magistrates have the power to:
1. Make a violation or order determination
2. Administer oaths
3. Issue subpoenas
4. Direct parties to engage in and permit disclosure
(MAID)

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140
Q

FCA 449 A child support order is effective from what date?

A

A child support order is effective from the date of tiling petition or, if child is in receipt of public assistance, date child became eligible for assistance, whichever is sooners

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141
Q

FCA 454 Willful failure to obey support order, maximum jail:

A

….maximum jail term is 6 MONTHS

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142
Q

FCA 454 T/F? When there is a failure to obey a support court order, the court may enter a money judgment.

A

FALSE ….the court MUST enter a money judgement

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143
Q

FCA 454 Where there is a failure to comply with a court order, court: (MUST OR MAY)

  1. SHALL/MAY enter a money judgment
  2. MUST/MAY make an income deduction order
  3. MUST/MAY require the respondent to post an undertaking
  4. MUST/MAY make an order of sequestration
  5. MUST/MAY suspend driving privileges
  6. MUST/MAY suspend professional or business licenses
  7. MUST/MAY suspend recreational licenses
A
  1. SHALL enter a money judgment
  2. MAY make an income deduction order
  3. MAY require the respondent to post an undertaking
  4. MAY make an order of sequestration
  5. MAY suspend driving privileges
  6. MAY suspend professional or business licenses
  7. MAY suspend recreational licenses
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144
Q

FCA 456 Probation in a support proceeding is how long?

A

Probation in a support proceeding is as long as the order of support, order of protection, or order of visitation applies to the person

145
Q

FCA 458 Generally, driving privileges and state professional occupational and business and recreational licenses may be suspended if support arrears are equivalent to ___ months, or for failure to comply with a summons, subpoena, or warrant relating to paternity or child support

A

….suspended if support arrears are equivalent to 4 MONTHS, or for failure….

146
Q

FCA 471 An undertaking in a support proceeding is for a maximum period of ____

A

….maximum period of 3 YEARS.

147
Q

FCA 413 “Self-support reserve” shall mean ___% of the poverty income guidelines amount for a single person as reported by the federal department of health and human services.

A

” Self-support reserve” shall mean 135% of the poverty income guidelines….

148
Q

FCA 418 A ___% or greater possibility of paternity creates rebuttable presumption of paternity.

A

A 95% or greater possibility…..

149
Q

FCA 424-A A sworn statement of net worth shall be filed with the clerk of the court on a date to be fixed by the court, no later than ___days after the return date of the petition

A

….no later than 10 DAYS after the return date of the petition

150
Q

FCA 429 jWhen respondent is not in NYS, cannot be found, or is hiding, so that process cannot be personally served, court may order ___ of respondent’s property, take possession of the property, or appoint a receiver

A

…court may order SEQUESTRATION of respondent’s property…..

151
Q

FCA 439 T/F? Support magistrates are empowered to hear, determine and grant any relief within powers of court in a proceeding under Article 4 (support), Articles 5 (Paternity), 5A (Special provisions relating to enforcement of support and establishment of paternity) and 5B (Uniform Interstate Family Support Act), among other sections

A

TRUE

152
Q

FCA 413 Parents are responsible for the support of their children up to the age of ___

A

…support their children up to the age of 21.

153
Q

FCA 413-A Unless court receives written objections to proposed support order within ___ days of mailing,the proposed adjusted support order becomes final

A

…proposed support order within 35 DAYS of mailing, the proposed adjusted support order becomes final

154
Q

FCA 421 Venue in a support proceeding is county where ____.

A

Venue in a support proceeding is COUNT WHERE ONE OF THE PARTIES RESIDES OR IS DOMICILED AT TIME OF TILING OF PETITION

155
Q

FCA 427 Support summons and petition must be served at least ___ days before the hearing

A

Support summons and petition must be served at least 8 DAYS before the hearing

156
Q

FCA 427 If default support order is enterRespondent is taken to ___.ed, respondent has ___ from date of entry to make motion for relief

A

…respondent has 1 YEAR from date of entry ……

157
Q

FCA 428 A certificate of warrant expires ___ days from date of issue

A

A certificate of warrant expires 90 DAYS from date of issue

158
Q

FCA 431 Warrant issued in Westchester, Respondent arrested in Albany. Respondent is taken to ___.

A

Respondent is taken to FC judge in county of arrest (Albany)

159
Q

FCA 435 T/F? Support hearings are conducted with a jury.

A

FALSE NO JURY

160
Q

FCA 439 Support magistrates cannot hear issues relating to :

A

Support magistrates cannot hear issues relating to commitment, contested paternity, custody, visitation, orders of protection, exclusive possession of home, and review of support collection unit’s denial of challenge by support obligor to notification that social services intends to notify department of motor vehicles that driving privileges are to be suspended (FCA 454, sub 5)

161
Q

FCA 439 Support magistrates shall be empowered to hear, determine and grant any relief within the powers of the court in any proceeding under:

A

…powers of the court in any proceeding under;

  1. Article 4 (Support)
  2. Articles 5 (Paternity, 5A (special provisions relating to enforcement of support and establishment of paternity), and 5B (UIFSA)
  3. Section 234 AND 235 of FCA (Compensation and liability for support and care in counties within and outside NYC)
  4. Objections raised pursuant to CPLR 5241 (income execution and support enforcement)
162
Q

Family Court has exclusive original jurisdiction over support or maintenance proceedings under

a. FCA 4, & FCA 5B b. FCA 6, & FCA 11
c. FCA 1, & FCA 4 d. FCA 15B

A

A (FCA 411) FCA 4 & FCA 5B

163
Q

Parents and stepparents of children under ___ who are recipients of public welfare and patients in a mental institution are responsible for the support of such children.
a. 13 b. 18 c. 16 d. 21

A

D (FCA 415) …..children under 21 who are recipients….

164
Q

Which of following statements relating to blood tests of DNA tests ordered under FCA 4 is false?

a. Blood genetic marker of DNA tests may be ordered on court’s own motion.
b. Blood genetic markers tests must be ordered upon motion of any party.
c. All DNA test results are admitted into evidence unless timely objection is made
d. Blood genetic marker tests must be ordered in every support proceeding.

A

D (FCA 418) Blood genetic marker tests shall be ordered upon motion WHEN PATERNITY IS CONTESTED

165
Q

Choose the best answer. Generally venue in a support proceeding is county where:

a. one of the parties resides or is domiciled.
b. the acts occurred
c. one of the parties is domiciled
d. none of the above

A

A (FCA 421) COUNTY WHERE ONE OF THE PARTIES RESIDES OR IS DOMICILED

166
Q

Which of the following may start a support proceeding?

  1. social services official and commissioner of health
  2. parent, guardian of child, next friend
  3. person appointed by the court
    a. 1 & 3 only b. 1 & 2 & 3 c. 2 & 3 only
    d. none of the above
A

B (FCA 422) ALL

167
Q

A summons issued under article four of the FCA must state that a temporary order or permanent order of support will be made on the return date of the summons, and that:

  1. failure of respondent to appear will result in entry of default order.
  2. respondent must furnish court proof of assets and income.
    a. 1 only b. 2 only c both 1 & 2
    d. neither 1 nor 2
A

C (FCA 426) BOTH 1 & 2

168
Q

Personal service of a support summons must be done at least ___ days before the time stated for appearance.

a. 8 days b. 72 hours c. 14 hours, if there is Sat & Sun
d. 3 days between the days of service

A

A (FCA 427) …AT LEAST 8 DAYS BEFORE THE TIME….

169
Q

Which of the following statements is false?

a. Certificate of warrant expires 90 days from issuance date
b. Court may issue a warrant when the summons can be served
c. Court may issue a warrant when the safety of the petitioner is endangered
d. Certificate of warrant may be renewed by clerk of the court

A

B (FCA 428) COURT MAY ISSUE A WARRANT WHEN THE SUMMONS CANNOT E SERVED

170
Q

(Outside NYC) A respondent taken into custody outside the county which issued the warrant, must be taken:

a. before the FC in county where he was taken into custody
b. before a FC judge in county where he was taken into custoday
c. either A or B
d. neither A nor B

A

B (FCA 431) must be taken: BEFORE A FC JUDGE IN COUNTY WHERE HE WAS TAKEN INTO CUSTODAY

171
Q

An order of child support under article four of the FCA is effective from which date?

a. date of support petition filing, or children were eligible for public assistance, if earlier
b. date of service of petition
c. date order was signed by judge
d. date of entry of order

A

A (FCA 449) effective from DATE OF SUPPORT PETITION FILING, OR CHILDREN WERE ELIGIBLE

172
Q

In an article 4 proceeding the court may issue a warrant:

  1. if the summons cannot be served
  2. if respondent has failed to obey the summons
  3. if the respondent is not likely to leave the jurisdiction
    a. 1 only b. 1 & 3 only c. 1 & 2 only d. 1,2 & 3
A

C (FCA 428) 3 should read, “IF THE RESPONDENT IS LIKELY TO LEAVE THE JURISDICTION”.

173
Q

The following types of income shall be included in determining the child support percentage:
1. workers’ compensation and disability benefits
2. unemployment insurance benefits
3. social security benefits, veterans benefits and pension and retirement benefits
4. fellowships, stipends and annuity payments
a, 1, 3 & 4only b. 2, 3 & 4 only c. 4 only d. 1,2,3 & 4

A

D (FCA 413) ALL

174
Q

Statements of net worth shall be accompanied by:

  1. current and representative paycheck stub
  2. state and federal income tax returns for the past 3 years
  3. copies of W-2’s and tax statements submitted with returns
  4. health insurance coverage information
    a. 1, 3 and 4 only b. 2, 3 & 4 only c. 4 only
    d. 1, 2, & 3 only
A

A (FCA 424-A) MOST RECENTLY FILED STATE AND FEDERAL INCOME TAX RETURN (NOT PAST 3 YEARS)

175
Q

Support magistrates are empowered to hear, determine and grant any relief within powers of the court under:
1. Article 4 (support)
2. Article 5 (paternity)
3 commitment (FCA 455)
a. 1, 2 & 3 b. 1 & 2 c. 1 & 3 only d. 2 & 3

A

B (FCA 439) Article 4 & 5 only

176
Q

Which of the following choices are correct? Where there is a failure to comply with a court order, the court may require the respondent to post an undertaking, may make an order of sequestration, may suspend driving, professional and recreational licenses and privileges, and:

  1. shall enter a money judgment
  2. may make an income deduction order
  3. may enter a money judgment
  4. must make an income deduction order
    a. 3 & 4 b. 1 & 2 only c. 1 & 4 only d. 2 & 3only
A

B (FCA 454) 1 & 2 ONLY

  1. SHALL ENTER A MONEY JUDGMENT
  2. MAY MAKE AN INCOME DEDUCTION ORDER
177
Q

Parents of a child are responsible for supporting the child until the child reaches the age of ___.

a. 14, & is not on welfare
b. 18 for both males & females
c. 21, only if still attending school
d. none of the above

A

D (FCA 413) …UNTIL THE CHILD REACHES THE AGE OF 21.

178
Q

Which of the following child support percentages is not correct?

a. 17% of combined parental income for one child
b. 25% of combined parental income for two children
c. 27% of combined parental income for three children
d. 31% of combined parental income for four children
e. no less than 35% of combined parental income for 5 or more children

A

C (FCA 413) FOR 3 CHILDREN THE CORRECT PERCENTAGE IS 29%

179
Q

FCA 516 T/F? Spouse support agreement or child support agreement or compromise is binding upon mother and child only when court approves such agreement

A

TRUE

180
Q

FCA 516-A An acknowledgement of paternity must be reduced to writing and filed with____.

A

…writing and filed with THE REGISTRAR OF THE DISTRICT IN WHIH THE BIRTH OCCURRED AND IN WHICH THE BIRTH CERTIFICATE HAS BEEN FILED

181
Q

FCA 517 A paternity proceeding cannot be started after the child reaches the age of 21 unless 1) paternity has been acknowledged by the father in writing, or 2)_______

A

2) BY FURNISHING SUPPORT

182
Q

FCA 527 Respondent taken into custody on a warrant issued by NYC FC must be taken before the court that issued the warrant (if arrested within NYC). If arrest outside NYC, must be taken before ___.

A

…must be taken before FAMILY COURT JUDGE IN THAT COUNTY

183
Q

FCA 542 if the court finds that the male party is not the father, it shall ___.

A

…it shall DISMISS THE PETITION

184
Q

FCA 543 Order of filiation must be transmitted by the clerk to ____ (or to NYC commissioner of health if it appears that child was born in NYC).

A

…by the clerk to THE STATE COMMISSIONER OF HEALTH…

185
Q

FCA 571 Any support order made pursuant to this section shall be effective as of ___.

A

…shall be effective as of THE DATE OF APPLICATION

186
Q

FCA 527 A respondent taken into custody in Albany county on a warrant issued in Westchester county must be taken to ____.

A

…taken to FC JUDGE IN ALBANY COUNTY

187
Q

FCA 531 T/F? Some paternity trials are by jury.

A

FALSE NOT BE JURY

188
Q

FCA 531 T/F? Mother and putative father are competent witnesses against each other in a paternity proceeding and both mother and husband, if married, may testify as to non-access.

A

TRUE

189
Q

FCA 532 T/F? Blood genetic marker tests and DNA tests can only be ordered on motion of one of the parties.

A

FALSE …DNA TESTS MUST BE ORDERED ON…

190
Q

FCA 541 F/T? If a paternity petition and neglect petition are filed and court dismisses the paternity petition, the court retains jurisdiction over the neglect petition.

A

TRUE

191
Q

FCA 542 The order of filiation must contain the ___ number of the declared father

A

…CONTAIN THE SOCIAL SECURITY NUMBER…

192
Q

FCA 548-A Failure to respond to a summons, warrant, or subpoena in a paternity proceeding can result in the suspension of what types of licenses and permits (5 types)

A
  1. driver’s license
  2. state professional licenses
  3. state occupational licenses
  4. state business licenses
  5. state recreational licenses
193
Q

FCA 511 The FC and ___ court have concurrent jurisdiction to establish paternity.

A

THE FC AND SURROGATE’S COURT HAVE CONCURRENT JURISDICTION…..

194
Q

FCA 516 An acknowledgment of paternity may be rescinded by either party within ___ days of signing by filing a petition

A

…EITHER PARTY WITHIN 60 DAYS OF SIGNING…

195
Q

FCA 517 T/F? Paternity proceedings may only be instituted up to child’s 21st birthday

A

FALSE PATERNITY PROCEEDINGS MAY ONLY BE INSTITUTED AFTER CHILD REACHES 21 IF PATERNITY HAS BEEN ACKNOWLEDGED IN WRITING OR BY SUPPORT

196
Q

FCA 521 Venue of a paternity proceeding is ___

A

…proceeding is COUNTY WHERE CHILD OR MOTHER OR PUTATIVE FATHER RESIDES OR IS FOUND

197
Q

FCA 524 A paternity summons must contain statement that:

A

that: UPON DEFAULT, DEFAULT ORDER OF FILIATION WILL BE ENTERED UPON PROOF OF RESPONDENT’S ACTUAL NOTICE OF PROCEEDING, AND MAY SUSPEND LICENSES

198
Q

FCA 524 T/F? Paternity summons is issued by attorney for petitioner prior to filing of a paternity petition

A

FALSE PATERNITY SUMMONS IS ISSUED BY THE COURT SUBSEQUENT TO THE FILING OF A PETITION

199
Q

FCA 525 A paternity summons and petition must by served ___ days before the time stated for appearance.

A

…must be served 8 DAYS before the time…

200
Q

An acknowledgment may be rescinded by either party within ___ days of signing by either of the parties signing the acknowledgment b;y filing a petition with the court to vacate the acknowledgment. After ___ days of execution of the acknowledgment, it can only be challenged on the basis of fraud, duress, or material mistake of fact.
a. 30,30 b. 60,30 c. 60,60 d. 30,60

A

C. FCA 516-A 60 DAYS, 60 DAYS

201
Q

Which of the following choices is not completely correct? A paternity proceeding may be originated by:

a. the mother (minor or not), alleged father (minor or not)
b. child, child”s guaradian
c. friend or other person standing in parental relation or being the next of kin of the child
d. authorized representative of incorporated society doing charitable/philanthropic work, or public welfare official in county where mother resides or child is found (if mother or child are likely to become public charges).

A

C. FCA 522 A FRIEND CANNOT INITIATE A PATERNITY PETITION.

202
Q

Which of the following two statements are correct?

  1. Respondent taken into custody on a warrant issued by NYC FC must be taken before the court that issue the warrant (if arrested within NYC). If arrested outside NYC, must be taken before FC judge in that county.
  2. Respondent taken into custody on a warrant NOT issued by NYC FC, must be taken before court that issued warrant (if arrested within that county). If arrested outside the county that issue the arrant, he must be taken before FC judge in county of arrest.
    a. only statement 1 is correct.
    b. only statement 2 is correct
    c. both statements are correct.
    d. both statements are not correct
A

C. FCA 527 BOTH STATEMENT ARE CORRECT

203
Q

Service of a paternity proceeding summons and petition must be made at least ___ days prior to the time ___.

a. 3, to answer
b. 8, to interpose a counterclaim
c. 20, support collection unit servcies a demand for support
d. 8, stated for appearance

A

D. FCA 525 ..MADE AT LEAST 8 DAYS PRIOR TO THE TIME STATED FOR APPEARANCE

204
Q

Which of the following statements relating to paternity proceedings is false?

a. hearing is by the court without a jury
b. mother or alleged father shall be competent to testify
c. respondent shall be compelled to testify
d. if mother is married both she and her husband may testify to non access.

A

C. FCA 531 RESPONDENT SHALL NOT BE COMPELLED TO TESTIFY

205
Q

Which of the following is correct? If a neglect petition was filed in the paternity proceeding:

a. Neglect petition must be dismiised
b. neglect petition must be dismissed if paternity petition is dismissed
c. paternity petition must be dismissed if neglect petition is dismissed
d. court retains jurisdiction over neglect petition whether or not it dismisses paternity petition

A

D. FCA 541 COURT RETAINS JURISDICTION……

206
Q

Which of following statements is not correct? In a paternity proceeding the court may issue a warrant if:

a. the summons cannot be seerved
b. the respondent has failed to obey the summons
c. the safety of the petitioner is endangered
d. a respondent on bail or parole has appeared

A

D. FCA 526 …A RESPONDENT ON BAIL HAS NOT APPEARED

207
Q

Which of the following is false?

a. Paternity proceedings are originated by a verified petition
b. paternity proceedings may only be originated by the father
c. paternity proceeding may be originated by mother, whether a minor or not
d. paternity proceedings may be originated by the child’s guardian

A

B. FCA 522 PATERNITY PROCEEDINGS MALY BE ORIGINATED BY OTHER PERSONS AND AGENCIES

208
Q

Two NYS Courts that have concurrent original jurisdiction relating to establishment of paternity are FC and:

a. the civil court
b. the surrogate’s court
c. the criminal court
d. the district courts

A

B. FCA 511 …PATERNITY ARE FC ANDATHE SURROGATE’S COURT

209
Q

Which of the following is not correct? A paternity proceeding may be instituted:

a. during the pregnancy of the mother
b. during pregnancy of mother or at any time after the birth of the child.
c. any time if paternity has been acknowledged in writing
d. any time if paternity has been acknowledged by furnishing support

A

B. FCA 517 PATERNITY PROCEEDINGS MAY BE INSTITUTED DURING 1) THE PREGNANCY OF THE MOTHER, OR 2) AFTER THE BIRTH OF THE CHILD. A PATERNITY PROCEEDING CANNOT BE STARTED AFTER THE CHILD REACHES THE AGE OF 21 UNLESS 1) PATERNITY HAS BEEN ACKNOWLEDGED BY THE FATHER IN WRITING, OR 2) BY FURNISHING SUPPORT

210
Q

Which of the following is not correct? Paternity proceeding may be originated in county where:

a. child resides
b. mother is found
c. putative father is domiciled
d. putative father, or child, or mother resides or is found

A

C. FCA 521 PATERNITY PROCEEDINGS MAY BE ORIGINATED IN THE COUNTY WHERE THE MOTHER OR CHILD OR PUTATIVE FATHER RESIDES OR IS FOUND

211
Q

FCA 580-101 T/F? Child means individual over the age of majority alleged to be owed support

A

FALSE Child means individual UNDER the age of majority alleged to be owed support

212
Q

FCA 580-207 The party obtaining the order determining recognition of a specific support order (FCA 5B) shall file within ___ days of issuance of the order a certified copy of the order with each tribunal which has issued an earlier order of child support

A

….(FCA 5B) shall file within 30 DAYS of issuance…

213
Q

FCA 580-302 T/F? Minor parent may maintain a proceeding on behalf of or benefit of a minor child.

A

TRUE

214
Q

FCA 580-304 An initiating tribunal of NYS shall forward ___ copies of the petition to the responding tribunal or appropriate support enforcement agency

A

…NYS shall forward 3 COPIES of the petition…

215
Q

FCA A580-307 Among the duties which a support enforcement agency has is to send a copy of any written communication from a respondent or petitioner to the other side within ___ days of receipt (exclusive of Saturdays, Sundays, and legal holiday)

A

…other side within 10 DAYS of receipt

216
Q

FCA 580-314 T/F? Generally, a petitioner present in NYS to participate in a proceeding under article 5B cannot be served by civil process in another proceeding

A

TRUE

217
Q

FCA 580-311 T/F? A support or paternity petition under article 5B must be verified

A

TRUE

218
Q

FCA 580-501- T/F?An income-withholding order of another state may not be sent to the employer in NYS without first registering the order with the FC or filing a petition

A

FALSE …of another state MAY be sent to the employer in NYS…

219
Q

FC 580-604 T/F? In a proceeding for arrears, the statute of limitation under the laws of NYS or the issuing state, whichever is longer, applies

A

TRUE

220
Q

FCA 580-606 A hearing to contest the validity or enforcement of a registered order must be requested in writing within ___ days after service of notice of registration or order.

A

…requested in writing within 20 DAYS after service…

221
Q

Child means an individual over or under the age of ___ who is alleged to be owed support or who is the beneficiary of a support order directed to the parent.
a. majority b. 18 c. 21 d. 14

A

A (FCA 580-101) … the age of MAJORITY who is alleged…

222
Q

Which of the following four choices is false? The FC of NYS may exercise jurisdiction to establish a support order even if such a petition has been filed in another state only if.

a. the petition in NYS is filed before expiration of time for tiling a responsive pleading in the other state challenging the exercise of jurisdiction by the other state
b. the contesting party timely challenges the jurisdiction of the other state, and
c. if relevant, this state is the home state of the child.
d. the petition or comparable pleading in the other state is filed before expiration of time allowed in NYS for filing a responsive pleading challenging the exercise of jurisdiction by NYS

A

D (FCA 580-204) …FC of NYS MAY NOT exercise jurisdiction…

223
Q

Which one of the four choices is not correct?

a. 580-317 Tribunals in different states may exchange information regarding laws and other information regarding proceedings
b. 580-318 A NYS tribunal may not request foreign tribunals to assist in obtaining discovery and may not compel a person under its jurisdiction to respond to discovery orders of foreign tribunals
c. 580-319 A NYS tribunal or support enforcement agency shall disburse monies collected and shall furnish upon request a certified statement of amounts and dates of payments received to a party or tribunal of another state
d. 580-501 An income-withholding order of another state may be sent to the employer in NYS without first registering the order with the FC or filing a petition

A

B (FCA 580-318) This should read, “A NYS tribunal MAY request foreign….

224
Q

Which of the following four statements is not correct?

a. 580-601 On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information.
b. 580-601 A petition seeking other remedies may be filed at same time as request for registration or at a later timej
c. 580-603 A registered order issued in another state is not enforceable in the same manner and is not subject to the same procedures as an order issued by a tribunal of NYS.
d. 580-604 Law of issuing state governs nature, extent, amount, payments duration and other obligations of support in a proceeding for arrearages, the S/L under NYS or the issuing state, whichever is longer, applies.

A

C (FCA 580-603) This should read, “A registered order issued in another state IS enforceable …….

225
Q

An initiating tribunal of NYS shall forward ___ copies of the petition to the responding tribunal or appropriate support enforcement agency.
a. 2 b. 3 c. 4 d. 6

A

B (FCA 5B, 580-304) An initiating tribunal of NYS shall forward 3 COPIES of the petition….

226
Q

Among the duties which a support enforcement agency has is to send a copy of any written communication from a respondent or respondent’s or respondent’s attorney to the other side within ____

a. 5 days of receipt (exclusive of Saturdays, Sundays, and legal holidays).
b. 10 days of recepit (exclusive of Saturdays, Sundays, and legal holidays)
c. a business days of receipt
d. 20 days

A

B (FCA 5B, 580-307) ….to the other side within 10 DAYS OF RECEIPT (EXCLUSIVE OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS)

227
Q

A support order or income-withholding order of another state may be registered in NYS by sending the following to the appropriate tribunal in NYS

a. 2 copies, including 1 certified, of all orders to be registered.
b. 3 copies, including 1 certified, of all orders to be registered
c. 2 copies of all orders to be registered
d. 3 copies of all orders to be registered

A

A (FCA 5B, 580-602) …tribunal in NYS 2 XOIES, INCLUDING 1 CERTIFIED, OF ALL ORDERS TO BE REGISTERED

228
Q

A hearing to contest the validity or enforcement of a registered order must be requested in writing within ___ days after service of ___.

a. 20…notice of registration of the order
b. 30…copy of order
d. 60…exemplified copy of order

A

D (FCA 5B, 580-606) WITHIN 20 DAYS after service of NOTICE OF REGISTRATION OF THE ORDER

229
Q

In support and paternity proceedings, the FC in NYS may exercise personal jurisdiction over a non-resident if

  1. the individual is personally served with a summons and petition in NYS
  2. the individual consents (either by personal appearance or by filing a petition)
  3. the individual resided in NYS with the child
  4. the individual asserted parentage in the putative father registry of NYS
    a. 1,2, & 4 only b. 1,2 & 3 only c. 2,3 & 4 only
    d. 1, 2, 3 & 4
A

D (FCA 5B, 580-201 ALL

230
Q

Generally, FC of NYS has continuing exclusive original jurisdiction over child support order it has issued:

  1. as long as it remains the residence of obligor, or the individual obligee, or the child, okr
  2. until all individual parties file with court consents for a tribunal of another state to modify the order and assume continuing exclusive jurisdiction.
    a. only 1 is correct
    b. only 2 is correct
    c. both 1 & 2 are correct
    d. neither 1 nor 2 are correct
A

C (FCA 5B, 580-205) BOTH 1 & 2 ARE CORRECT

231
Q

Support enforcement agency means public official or agency authorized to seek
1. enforcement of orders of support or laws relating to the duty of support
2. establishment or modification of child support
3. determination of parentage or to locate obligors or their assets.
a. 1 & 2 only
b. 1 & 3 only
c 2 & 3 only
d, 1, 2 & 3

A

D (FCA 5B, 580-101) ALL 3

232
Q

The party obtaining the order determining recognition of a specific support order shall file within 30 days of issuance of the order a ___ with each tribunal which issued an earlier order of child support.

a. copy of the order
b. verified copy of the order
c. certified copy of the order
d. transcript of judgment

A

C (FCA 5B, 580-207) CERTIFIED COPY OF THE ORDER

233
Q

FCA 616 T/F? Service by publication shall be made as per CPLR 316, except that only a single publication of summons or other process in only one newspaper shall be sufficient

A

TRUE

234
Q

FCA 622 Fact-finding determination must be based on (what standard of evidence?)

A

Fact-finding determination must be based on CLEAR AND CONVINCING PROOF

235
Q

FCA 623 Evidence at dispositional hearing must be (competent?/relevant?/material?)

A

Evidence at dispositional hearing must be RELEVANT AND MATERIAL. (The evidence does NOT have to be competent)

236
Q

FCA 651 T/F? Generally, FC has jurisdiction to determine habeas corpus proceedings and to determine the custody and visitation of minors

A

TRUE

237
Q

FCA 661 The FC has like jurisdiction authority as is now conferred on the ___ and ___ courts as concerns the guardianship of the person of a minor.

A

…conferred on the COUNTY and SURROGATE’S courts…

238
Q

FCA 664 If court conducts an in camera interview (“not in the courtroom”) of an infant in a custody proceeding, a ___ record must be made.

A

…custody proceeding, a STENOGRAPHIC record must be made

239
Q

FCA 671 The court may in certain cases issue a warrant (and clerk can issue a ____ which expires ___ days from date of issue but can be renewed from time to time by the clerk).

A

…and clerk can issue a CERTIFICATE OF WARRANT which expires 90 days…

240
Q

FCA 611 Section ___ of the social servcies law provides for the appointment of a guardian of a child based upon permanent neglect.

A

FCA 611 Section 384-b of the social services law…

241
Q

FCA 614 A permanently neglected child is under the age of ___

A

A permanently neglected child is under the age of 18

242
Q

FCA 617 A summons in a proceeding to terminate parental rights must be served ___ days before the time stated for appearance

A

….must be served 20 DAYS before the tme state for appearance.

243
Q

FCA 624 Evidence at fact-finding hearing to terminate parental rights must be ___

A

…parental rights must be MATERIAL, RELEVANT AND COMPETENT

244
Q

FCA 633 Maximum period of suspended judgment (termination of parental rights) is

A

…(termination of parental rights) is 1 YEAR AND CAN BE EXTENDED FOR ANOTHER YEAR IF EXCEPTIONAL CIRCUMSTANCES

245
Q

FCA 641 FC and ___ court have concurrent jurisdiction over adoption proceedings.

A

FC and SURROGATE’S COURT have concurrent jurisdiction ….

246
Q

Fact-finding determination at a fact-finding hearing (Permanent termination of parental rights by reason of permanent neglect) shall be based on ___ (standard of proof)

a. preponderance of the evidence
b. clear and convincing proof
c. proof beyond a reasonable doubt
d. none of the above

A

B (FCA 622) …shall be based on CLEAR AND CONVINCING PROOF

247
Q

Summons and petition under FCA 6 must be made at least 20 days before time stated for appearance and must, in or outside NYS, or in a foreign country e made in accordance with ___.

a. FCA Section 611c
b. Rules of the Chief Judge, Section 205
c. Civil Practice Law and Rules (CPLR) Article 3
d. Surrogates Court Procedures Act (SCPA) with respect to the service of a citation.

A

D (FC 617) …made in accordance with SURROGATES COURT PROCEDURES ACT (SCPA) WITH RESPECT TO THE SERVICE OF A CITATION

248
Q

Proceedings to terminate parental rights due to permanent neglect are initiated pursuant to:
a. CPLR 4
B. CPL 30
C. Article 384-b of the Social Services Law
d. The Surrogates Court Procedures Act

A

C (FCA 611) …pursuant to ARTICLE 384-b OF THE SOCIAL SERVICES LAW

249
Q

Which of the following statements relating to article 6 proceeding of the FCA is correct?

a. Court shall not order sustituted service of summons and petition
b. Court may not order service by publication
c. Personal service shall be as per CPLR
d. Service may be made in a foreign country

A

D (FCA 617) SERVICE MAY BE MADE IN A FOREIGN COUNTRY

250
Q

Which of the following relating to a hearing to terminate parental rights due to permanent neglect is correct?

a. at fact-finding evidence must only be material and relevant
b. at dispositional hearing evidence must be material, relevant, and competent
c. court may never dispense with dispositional hearing
d. evidence of parental contact after filing of proceeding is inadmissible at fact-finding hearing

A

D (FCA 624) EVIDENCE OF PARENTAL CONTACT AFER FILING OF PROCEEDING IS INADMISSIBLE AT FACT-FINDING HEARING

251
Q

Which of the following is not a valid disposition under a proceeding to terminate the parental rights due to permanent neglect of child?
a dismissal of the petition
b. suspending jdgment
c. committing guardianship & custody of child
d. probation

A

D (FCA 631) PROBATION is not a valid dispositional order

252
Q

With respect to guardianship of the person of a minor, the FC has like jurisdiction as the:

a. County courts and surrogate’s courts.
b. County courts and District Courts
c. Surrogate’s courts and district courts
d. Appellate Division

A

A (FCA 661) COUNTY COURTS AND SURROGATE’S COURTS

253
Q

A certificate of warrant issued under article 6 of the FCA expires ___ days from date of issue and ___

a. 30…may be renewed from time to time by the clerk of court
b. 90…may only be renewed by the assigned judge
c. 120…may not be renewed without a further court order
d. none of the above

A

D (FCA 671 )NONE OF THE ABOVE…expires 90 DAYS from date of issue and MAY BE RENEWED FROM TIME TO TIME BY THE CLERK OF COURT

254
Q

Which two courts have original concurrent jurisdiction over adoption proceedings?

a. FC and surrogate’s court
b. FC and district courts.
c. FC and court of claims
d. FC and county court

A

A (FCA 641) FAMILY COURT AND SURROGATE’S COURT have original…..

255
Q

Which of the following is not correct?
Petition under article 6 of the FCA (Termination of parental rights due to permanent neglect) must allege that:
a. child is under 18 years if age
b. child is presently under care of authorized agency
c. agency has not made efforts to encourage parental relationship
d. parent has willfully for more than 1 year not maintained contact with child, or for 15 of most recent 22 months

A

C (FCA 614) This should read, “AGENCY HAS MADE EFFORTS TO ENCOURAGE PARENTAL RELATIONSHIP

256
Q

FCA 712 A PINS male must be under the age of ___. A PINS female must be under the age of ___.

A

…under the age of 18and female must be under 18

257
Q

FCA 712 For a person to be a PINS he must be found to need supervision or ___.

A

… supervision or TREATMENT

258
Q

FCA 716 The court on its own motion may substitute a ___ petition for a PINS petition.

A

…substitute a NEGLECT PETITION for a PINS petition

259
Q

FCA 717 A PINS proceeding is originated in the county where ___.

A

. county where ACTS ALLEGEDLY OCCURRED

260
Q

FCA 733 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

a FRIEND cannot originate a PINS proceeding

261
Q

FCA 737 Service of pins summons and petition must ve at least ___ before time stated for appearance

A

…at least 24 HOURS before time stated for appearance.

262
Q

FCA 744 At fact finding PINS hearing evidence must be ___.

A

..must be: CRAM: COMPETENT, RELEVANT, AND MATERIAL

263
Q

FCA 744 The standard of proof required for a PINS determination is:

A

……determination is PROOOF BEYOND A REASONABLE DOUBT

264
Q

FCA 745 At a PINS dispositional hearing only evidence that is ___ may be admitted.

A

…evidence that is RAM RELEVANT AND MATERIAL may be admitted

265
Q

FCA 756 Petition to extend PINS placement shall be filed at least ___ days before expiration of placement.

A

….filed at least 60 DAYS before expiration of placement

266
Q

FCA 758 In a PINS proceeding a judge may order restitution of up to ___

A

…restitution of UP TO $1,000.00 (INFANTS MUST BE OVER 10 AND LESS THAN 16).

267
Q

Which of the following 2 statements are correct?

1) In determining jurisdiction, age of respondent at time the need for supervision allegedly arose is controlling
2) Proceeding initiated after respondent’s 18th birthday shall be dismiised
a. only statement 1 is correct
b. only statement 2 is correct
c. both statements are correct
d. both statements are not correct

A

C (FCA 714) BOTH STATEMENTS ARE CORRECT

268
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 detention.

A

D (FCA 720) This should read, “IF A YOUTH IS 16 OR OLDER, COURT SHALL NOT order detention……

269
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 (FCA 729) …detained for more than 72 HOURS or the next…

270
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 e 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 (FCA 745) …must be based on PREPONDERANCE OF THE EVIDENCE.

271
Q

Placement may be for a period of ___ months and court can extend for an additional ___.

a. 6 months…6 months b. 9 months…6 months
c. 12 months…year d. none of the above

A

C (FCA754) …12 MONTHS and court can extend for an ADDITIONAL YEAR

272
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 a 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. 18th…21st d. none of the above

A

C (FCA 456-A) …not beyond respondent’s 18TH BIRTHDAY without respondent’s consent, but in no event past respondent’s 21ST BIRTHDAY

273
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 (FCA 763) … at least 8 DAYS before return date of motion….

274
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 (FCA 712) …for a PINS is UNDER THE AGE OF 18

275
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 (FCA 712) …he must e found to need SUPERVISION OR TREATMENT

276
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 (FCA 745) …the standard of proof is PREPONDERANCE OF THE EVIDENCE

277
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 (FCA 745) … must be MATERIAL AND RELEVANT

278
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 (FCA 717) A PINS proceeding is originated in THE COUNTY WHERE THE ALLEGED ACTS OCCURRED

279
Q

A PINS ___ must be served at least 24 hours before the time stated for appearance.

a. warrant
b. desk appearance ticket
c. summons and petition
d. none of the above

A

C (FCA 737) A PINS SUMMONS AND PETITION must be served at least 24 hours…

280
Q

Which of the following choices lists at least one party who cannot originate a PINIS proceeding?

a. witness, duly authorized agency, police officer
b. presentment agency (wishing to substitute a PINS for JD petition), victim of PINS
c. parent, friend
d. peace officer acting pursuant to special duties

A

C (FCA 737) A FRIEND cannot originate a PINS proceeding

281
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 (FCA 738) …may substitute a NEGLECT PETITION under article 10…

282
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,& 4 b. 1,2,3 only c. 3 only d. neither 1,2,3, or 4

A

D (FCA 738) It should read, “The court MAY issue a warrant….

283
Q

PINS police records shall be kept in files 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
  2. attorney of PINS
    a. 1,2,3 & 4 b. 1,2 & 4 only c. ? d. neither 1,2,3,4
A

A (FCA 784) …they shall be open for inspection to: parent, guardian, next friend and attorney of PINS

284
Q

FCA 814 AND 814-a ____ shall issue reles regarding concurrent jurisdiction, and uniform forms

A

THE CHIEF ADMINISTRATOR OF THE COURTS shall issue….

285
Q

FCA 818 T/F? jVenue of a family offense proceeding is county where acts occurred, or county where family or household or any party resides. Residence shall include a residential program for victims of domestic violence, as defined in subdivision 459-a of the social services law, or a shelter for the homeless.

A

TRUE

286
Q

FCA 823 Probation service may attempt to adjust a case for 2 months. Judge may extend to 2 additional periods of ___ days each.

A

…Judge may extend for 2 additional periods of 60 DAYS each.

287
Q

FCA 826 A certificate of warrant issued by the clerk of the court in lieu of actual warrant expires ____ days from the date of issue and can be renewed from time to time y the clerk of the court.

A

….actual arrant expires 90 DAYS from the date of issue…

288
Q

FCA 834 Evidence at fact-finding hearing must be ____.

A

Evidence at fact-finding hearing must be MATERIAL, RELEVANT, AND COMPETENT

289
Q

FCA 834 Evidence at dispositional hearing must be ____.

A

Evidence at dispositional hearing must e MATERIAL AND RELEVANT

290
Q

FCA 822 Memorize parties who may originate a family offense proceeding.

A
  1. spouse, former spouse, parent, child, member of same family or household
  2. duly authorized agency, association, society, or institution
  3. peace officer (acting pursuant to special duties), or a police officer, and
  4. a person on court’s own motion
291
Q

FCA 826 Family offense summons and petition must be served at least ___ before time state for appearance.

A

… must be served at least 24 HOURS before time…

292
Q

FCA 832 Fact-finding hearing determination shall be based on ___

A

…shall be based on FAIR PREPONDERANCE OF THE EVIDENCE

293
Q

FCA 838 T/F? Petitioner, but not the respondent, is entitled to a non-witness friend to be present in the courtroom. However, if the court finds it undesirable, the court may exclude such person.

A

FALSE The petitioner AND respondent (if not represented by counsel) are entitled to ….

294
Q

FCA 841 Restitution in a family offense proceeding can be up to ___

A

…can be up to $10,000

295
Q

FCA 842 An OP (family offense) can be for a maximum of ___ years, if there are aggravating circumstances.

A

…maximum of 5 YEARS, if there are aggravating circumstances

296
Q

FCA 846-a Upon willful failure to obey a family offense court order maximum jail time is ___

A

…court order maximum jail time is 6 MONTHS

297
Q

FCA 812 The FC and criminal court have ___ jurisdiction over family offenses

A

…criminal court have CONCURRENT jurisdiction…

298
Q

FCA 812 T/F? To be considered members of the same family or household, persons who have a child in common must have lived together at some time.

A

FALSE DO NOT HAVE TO HAVE LIVED TOGETHER at some time

299
Q

FCA 813 T/F? If a petitioner has already stated a family offense proceeding, the petitioner needs FC approval to start a criminal action

A

FALSE ..the petitioner DOES NOT NEED FC approval…

300
Q

FCA 818 Venue of a family offense proceeding is ______

A

Venue of a family offense proceeding is COUNTY WHERE ACTS OCCURRED OR WHERE FAMILY OR HOUSEHOLD OR ANY PARTY RESIDES

301
Q

FCA 821 T/F? When the FC is not in session, an arrest or initial appearance of a respondent may be in CC,

A

TRUE

302
Q

FCA 821-a Which parties in a family offense proceeding have right to free counsel if indigent?

A

THE PETITIONER AND RESPONDENT in a family offense proceeding…..

303
Q

Which of the following four statements is not correct?

a. Prior to a finding, the FC may with consent of petitioner, and notice to the DA, transfer a case to the criminal court.
b. Any Order of protection in effect continues until the arraignment in criminal court
c. The petitioner needs FC approval to commence a criminal prosecution
d. The FC proceeding and criminal court proceeding can go on concurrently.

A

C (FCA 813) The petitioner does NOT need FC approval to commence a criminal prosecution.

304
Q

Which of the following 2 statements are correct?

  1. Venue of a family offense proceeding is county where acts occurred, or county where family or household or any party resides
  2. Residence shall include a residential program for victims of domestic violence, as defined in subdivision 459-a of the social services law, or a shelter for the homeless.
    a. only statement 1 is correct
    b. only statement 2 is correct
    c. both statements are not correct
    d. both statement are correct
A

D (FCA 818) BOTH STATEMENTS ARE CORRECT.

305
Q

Which of the following statements is not correct? A family offense proceeding is originated by filing petition which must contain:

a. an allegation that respondent committed a crime, and
b. relationship of alleged offender to petitioner, and
c. name of each child in house hold and relationship to petitioner and respondent, and
d. request for OP or court’s conciliation procedures.

A

A (FCA 821) This should read “an allegation that respondent committed ONE OF THE FAMILY OFFENSES (FCA 812)”

306
Q

Which of the following is not an “aggravating circumstance”?

a. physical injury to the respondent caused by the petitioner
b. use of a dangerous instrument by respondent against petitioner
c. a history of repeated violations of prior orders of protection
d. prior convictions of crimes against the petitioner by respondent

A

A (FCA 826) This should read “physical injury to the PETITIONER caused by the RESPONDENT

307
Q

Service of a family offense summons and petition must be made at least ___ before time stated for appearance.

a. 1 day
b. 72 hours
c. 3 days
d. none of the above

A

D (FCA 826) ….made at least 24 HOURS before time stated…

308
Q

Which of following conditions is not a justification for issuance of a family offense warrant?
a. the summons cannot be served
b. the respondent has failed to obey the summons
c respondent on bail or parole has failed to appear
d. the respondent is likely to leave the jurisdiction

A

C (FCA 827) “Respondent on bail or parole has failed to appear” is not one of the listed reasons

309
Q

At a family offense hearing, petitioner may have a friend or relative present under the following circumstances

a. in all cases
b. where court does not find it undersirable
c. where respondent consents
d. none of the above

A

B (FCA 838) WHERE COURT DOES NOT FIND IT UNDERSIRABLE

310
Q

Which of the following is not a valid family offense order of disposition?

a. suspending judgment (for up to 1 year)
b. order of protection
c. order for restitution of up to $10,000
d. placing respondent on probation for up to 1 year

A

A (FCA 841) suspended judgment up to 6 MONTHS (not 1 year)

311
Q

Family offenses include:

  1. Disorderly conduct
  2. Reckless endangerment
  3. Assault in the second degree, assault in the third degree, or an attempted assault
  4. Murder in the second degree
    a. 1,2,3, & 4 b. 1 & 2 c. 1,2,3 d. 2 & 3
A

C (FCA 812) 1. DISORDERLY CONDUCT

                   2. RECKLESS ENDANGERMENT
                  3. ASSAULT IN THE SECOND DEGREE......
312
Q

A family offense petition must contain:

  1. an allegation that respondent committed one of the family offenses (FCA 812)
  2. relationship of alleged offender to petitioner
  3. name of each child in household and relationship to petitioner and respondent.
  4. copy of notice (FCA 812:d rights of domestic violence victim)
    a. 1,2,3, & 4 b. 1 & 2 c. 1,2,& 3 d, 1 & 4
A

A (FCA 821) ALL FOUR

313
Q

Which of the following are not included in definition of MEMBER OF SAME HOUSEHOLD?

a. persons presently or formerly legally married to one another
b. persons related by affinity or consanguinity
c. persons who have a child in common
d. persons working in the same office

A

D (FCA 812) PERSONS WORKING IN THE SAME OFFICE ARE NOT MEMBERS OF THE SAME FAMILY OR HOUSEHOLD

314
Q

Which of the following statement relating to a family offense is not correct?

a. A family offense proceeding in FC is not a criminal proceeding
b. FC and criminal court have concurrent jurisdiction
c. A family offense proceeding is a civil proceeding
d. An arrest may not precede the commencement of a FC or criminal court proceeding

A

D (FCA 812) AN ARREST MAY PRECEDE THE COMMENCEMENT OF A FC OR CRIMINAL COURT PROCEEDING, BUT IS NOT A REQUIREMENT

315
Q

Which of the following statements is correct? The venue of a family offense proceeding is county:

  1. where acts occurred
  2. where any meme of the household resides
  3. where there is a shelter for homeless used by a member of the household
    a. 1,2,& 3 are all correct
    b. 2 only is corrrect
    c. 1 & 2 are correct
    d. 1 only is correct
A

A (FCA 818) ALL THREE ARE CORRECT

316
Q

Of the following, who cannot originate a family offense proceeding?

a. child, spouse, parent, member of the same family or household
b. any peasce officer
c. duly authorized association, institution, society or agency
d. any police office or a person on court’s own motion

A

B (FCA822) ANY PEACE OFFICER ACTING PURSUANT TO SPECIAL DUTIES

317
Q

FCA 1012 Aggravated circumstances can mean where a child is severely or repeatedly abused within ___ years after returning home from foster care

A

…repeatedly abused within 5 YEARS after returning home from foster care

318
Q

FCA 1012 Aggravated circumstances can mean where parent has abandoned child under ___ days old with intent that child be cared for in a n appropriate manner

A

…abandoned child under 5 DAYS OLD with intent ….

319
Q

FCA 1014 TF? There may be concurrent proceedings in FC and criminal court

A

TRUE

320
Q

FCA 1016 Court shall appoint attorney for child on earliest of following (a) emergency removal of a child, or (b) application for emergency removal of a child prior to filing of a petition or (c)

A

…(c) FILING OF PETITION ALLEGING ABUSE OR NEGLECT

321
Q

FCA 1017 In a proceeding where the court will remove a child from the home, the court shall direct social services to notify any non-responding parent and suitable relatives of the pendency of the proceeding and the opportunity of becoming foster parents or seeking custody of the child. Such relatives include those identified by a child over the age of ___ as being significant in the child’s life.

A

…Such relatives include those identified by a child OVER THE AGE OF 5 as being significant in the child’s life

322
Q

FCA 1021 When a peace officer acting pursuant to special duties, police officer, or agent of authorized agency, association or institution may temporarily remove neglected child without court order and with consent petition must be fled within ___ court days of removal and hearing shall be held no later than the next court day after petition is filed.

A

…petition must be filed within 3 COURT DAYS of removal and hearing…..

323
Q

FCA 1024 A peace officer, acting pursuant to his special duties, or a police officer law enforcement official, agent of duly authorized society, physician or a designated employee of a city or county department of social services may remove a child WITHOUT a court order when there is ____.

A

…WITHOUT a court order when there is IMMINENT DANGER TO THE CHILD’S LIFE OR HEALTH.

324
Q

FCA 1026 After emergency removal of child from home without a court order, if child is not returned to parents, a petition must be filed the next court day after removal (court may order an extension of up to 3 court days after removal of child) and a hearing shall be held not later than ___ after the petition is filed

A

…and a hearing shall be held no later than THE NEXT COURT DAY

325
Q

FCA 1028 Parent, person responsible, or counsel may make application for return of child temporarily removed. Hearing shall be held within ___ of application and shall not be adjourned

A

…Hearing shall be held within 3 COURT DAYS of application and shall not be adjourned.

326
Q

FCA 1029 FC, upon application of any person who may originate an Article 10 proceeding, may issue a TOP before or after the filing of a petition. If TOP is granted before filing of petition and then petition is not filed within ___ days, the order shall be vacated

A

…then petition is not filed within 10 DAYS, the order shall be vacated.

327
Q

FCA 1032 An abuse or neglect proceeding may be originated by 1) a child protective agency, or 2)_____

A

…2) A PERSON ON THE COURT’S DIRECTION

328
Q

FCA 1036 The summons and petition (abuse case only) must be served within ___ court days of issuance. If they cannot be served within that time, such facts must be reported to the court within ___ court days of issuance.

A

…must be served within 2 COURT DAYS of issuance…reported to the court within 3 COURT DAYS of issuance.

329
Q

FCA 1036 Service of a summons and petition (abuse and neglect) shall be made be delivery of a true copy to the person summoned at least ___before the time stated for appearance.

A

…the person summoned at least 24 HOURS vefore the time stated for appearance

330
Q

FCA 1036 Service of an abuse petition upon a non-domiciliary or non-resident is required (outside NYS), service must be made within ___ of issuance.

A

…service must be made within 10 DAYS of issuance

331
Q

FCA 1037 (A) Warrants shall be marked on its face “Child Abuse Case” and warrant must be served within ___ court days of issuance. If not served, it must be reported to court within ___ court days of issuance.

A

….warrant must be served within 2 COURT DAYS OF ISSUANCE…must be reported to court within 3 COURT DAYS OF ISSUANCE.

332
Q

FCA 1029 Prior to or upon fact-finding, court upon motion of respondent and consent of petitioner, order an ACD for a period not to exceed ___ (court may extend upon agreement of all parties).

A

…for a period not to exceed 1 YEARK (court ma exten upon agreement of all parties).

333
Q

FCA 1052 A finding of severe or repeated abuse shall be based on ______

A

…shall be based on CLEAR AND CONVINCING EVIDENCE

334
Q

FCA 1055 T/F? Placement may be continued up to child’s 18th birthday without consent, but maybe extended with consent up to child’s 21st birthday.

A

TRUE

335
Q

FCA 1056 T/F? Order of protection shall run concurrently with and expire with order of disposition or extension thereof.

A

TRUE

336
Q

FCA 1072 Failure to comply with terms and conditions of supervision Penalty for willful failure to comply with terms of order of supervision includes revoking of supervision or OP, and making any order court could have made at time of supervision order, or up to ___ jail.

A

… supervision order, or up to 6 MONTHS jail

337
Q

FCA 1012 An abused or neglected “child” must be by definition under the age of ___.

A

…definition under the age of 18

338
Q

FCA 1015 The venue of a child abuse proceeding is the county ___

A

…proceeding is the county WHERE CHILD OR PERSON HAVING CUSTODY OF CHILD RESIDES OR IS DOMICILED AT TIME OF FILING PETITION.

339
Q

FCA 1022-A T/F? Respondent (Article 10) must be provided free counsel if indigent.

A

TRUE

340
Q

FCA 1031 T/F? Court may on its own motion substitute neglect petition for an abuse petition

A

TRUE

341
Q

FCA 1036 A child abuse summons must be served within ___ days of issuance.

A

…must be served within 2 DAYS of issuance

342
Q

FCA 1036 Child abuse summons and petition must be served at least ___ before the time stated for appearance.

A

…served at least 24 HOURS before the time stated for appearance

343
Q

FCA 1039 An Article 10 ACD is for a maximum period of ___

A

…a maximum period of 1 YEAR

344
Q

FCA 1053 Suspended judgment (Article 10) is for an initial period of a maximum of ___

A

…initial period of a maximum of 1 YEAR, AND CAN BE EXTENDED UP TO 1 MORE YEAR

345
Q

FCA 1057 Supervision (FCA 10) proceeding can be for initial period of up to 1 year and can be extended ____

A

….1 year and can be extended FOR ADDITIONAL PERIOD OF UP TO 1 YEAR EACH

346
Q

FCA 1055 Willful failure to comply with Article 10 order can be punished by jail up to ___

A

…can be punished by jail up to 6 MONTHS

347
Q

Aggravated circumstances means either:

  1. where a child is severely or repeatedly abused within 5 years after returning home from foster care, or
  2. parent has in certain circumstances failed to engage in services to prevent neglect or abuse, or
  3. parent has abandoned child under 1 year old with intent that child be cared for in an appropriate manner.
    a. 1 only b. 1 & 2 c. all 3 are correct d. 2 & 3
A

B (FCA 1012) #3 should read, “ 3. parent has abandoned child UNDER 5 DAYS OLD with intent that a child be cared for in an appropriate manner.”

348
Q

Which of the following statements is not correct?

a. FC has exclusive original jurisdiction over FCA 10 proceedings alleging abuse or neglect of child
b. kFC has jurisdiction even if CC has jurisdiction over acts alleged in petition or complaint
c. In determining jurisdiction of the court under this article, the age of child at time the acts occurred is controlling
d. A case cannot be brought after child is 18, even though acts may have occurred earlier.

A

C (FCA 1013) C should read, “c. In determining jurisdiction of the court under this article, the age of child at TIME THE PROCEEDINGS ARE INITIATED IS CONTROLLING”.

349
Q

In a proceeding where the court will remove a child from the home, the court shall direct social services to notify any non-responding parent and suitable relatives of the pendency of the proceeding and the opportunity of becoming foster parents or seeking custody of the child. Such relatives include those identified by a child over the age of ___ as being significant in the child’s life.
a. 5 b. 7 c. 10 d. 12

A

A (FCA 1017) …identified by a child OVER THE AGE OF 5 as being significant in the child’s life.

350
Q

Which of the following statements relating to abuse hearings is correct?

a. Evidence at fact-finding must be material and relevant
b. General public may be excluded by the court
c. Determination (fact-finding) must be based on proof beyond a reasonable doubt
d. Evidence at dispositional hearing must be material, relevant and competent

A

B (FCA 1043) GENERAL PUBLIC MAY BE EXCLUDED BY THE COURT

351
Q

Which of the following is a valid disposition of an abuse petition?

a. suspended judgment for initial period of 2 years
b. releasing child on its own recognizance
c. placing respondent in jail up to 1 year
d. placing child under supervision.

A

D (FCA 1052) PLACING CHILD UNDER SUPERVISION IS A VALID DISPOSITION

352
Q

Evidence at an Article 10 fact-finding hearing must be:

  1. material
  2. relevant
  3. competent
    a. 1 & 2 & 3 b. 1 & 3 c. 2 & 3 d. 1 & 2
A

A (FCA 1046) ALL THREE

353
Q

A peace officer acting pursuant to special duties, a police officer, or agent of authorized agency, association or institution may temporarily remove a neglected child if:

  1. written consent of guardian is obtained
  2. the child is suspected of being neglected or abused
    a. both 1 & 2 b. neither 1 or 2 c. 1 only d. 2 only
A

A (FCA 1021) BOTH 1 & 2

354
Q

At the initial appearance (FCA 10), the court shall:

  1. appoint a law guardian for the child
  2. appoint counsel for all respondents
  3. advise respondent of his right to a 1028 hearing (hearing for the return of the child).
    a. 1 & 2 & 3 b. 1 & 3 c. 2 & 3 d. 1 & 2
A

B (FCA 1033-B) 1 & 3 ONLY

355
Q

Which of following 3 statements relating to service of an FCA 10 summons and petition (abuse) are correct?

  1. The summons and petition must be served within2 court days of issuance
  2. If the summons and petition cannot be served within the specified time, such facts must be reported to the court within three court days of issuance
  3. Service of a summons and petition shall be made by delivery of a true copy to the person summoned at least 24 hours before the time stated for appearance:
    a. & 2 &3 b. 1 & 3 c. 2 & 3 d. 1 & 2
A

A (FCA 1036) ALL 3 ARE CORRECT

356
Q

As per FCA 1037, the court may issue a warrant in an FCA Article 10 proceeding if:

  1. the summons cannot be servied
  2. the summoned person has refused to obey the summons
  3. summons, in the court’s opinion, would be ineffectual
  4. respondent on bail or parole has failed to appear
    a. 1,2,3 & 4 b. 1,2, & 3 c. 1,2 & 4 d. 1,3,& 4
A

A (FCA1037) ALL 4 ARE CORRECT

357
Q

Which of the following statements relating to a child abuse proceeding is correct?

a. FC cannot transfer proceeding to criminal court
b. FC and criminal court can have concurrent proceedings
c. FC cannot grant respondent testimonial immunity
d. FC proceedings are criminal in nature.

A

B (FCA 1014) FC AND CRIINAL COURT CAN HAVE CONCURRENT PROCEEDINGS

358
Q

Which of the following is false? Venue of a proceeding under Article 10 of the FCA may be:

a. count where child resides at time petition is filed
b. county of residence of the person who has custody of the child
c. county where child resided at time child abuse act occurred
d. county of domicile of the person who has custody of the child

A

C (FCA 1015) NOT CORRECT

359
Q

Choose the best answer. Of the following, who can originate a child protective proceeding?

a. child protective agency or a person on the court’s own direction
b. child protective agency or a friend of the household
c. child protective agency or a witness
d. child protective agency or a relative of infant

A

A (FCA 1032 CHILD PROTECTIVE AGENCY OR A PERSON ON THE COURT’S OWN DIRECTION.

civil court (3 decks)

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