Family Court Act

Question 1

With respect to a Family Court Warrant of Arrest, consider the following statements which may or may not be correct.

1. It may be executed at any hour of the day.
2. The executing officer must have it in his possession and must show it to the named subject if asked.
3. In order to execute such warrant a police officer may enter premises without giving notice if he reasonably believes the subject may escape if notice is given.

The choice below which most accurately describes the above statements is

A: #1, #2 and #3 are correct.
B: #1 is correct but #2 and #3 are not.
C: #2 and #3 are correct but #1 is not.
D: #1 and #3 are correct but #2 is not.

Answer 1

B: Must knock, etc., for a FAMILY COURT warrant.

Question 2

Which of the following statements is not correct according to the F.C.A.?

A: Judges of the Family Court are Magistrates.
B: At a Family Court hearing a judge may dispense with the formality of placing a minor under oath between taking his testimony.
C: A Family Court Warrant of Arrest may be executed on any day of the week and at any hour of the day, except that execution between 9:00 PM and 6:00 AM requires special endorsement.
D: There is no provision in the F.C.A. for a “no-knock” Family Court Warrant of Arrest.

Answer 2

C: No such restriction. See Sections 151 to 153 of F.C.A.

Question 3

John Q. Citizen can make arrests of persons under 16 with the same authority as arresting an adult for a crime under Article 140 C.P.L. Suppose George arrests Roger for a petit larceny. Roger is 15 years of age. Consider the following circumstances which may or may not eliminate the need for George to inform Roger of the cause of the arrest.

1. Roger fled.
2. Roger fought.
3. Roger was arrested during immediate flight from the commission of the crime.

A: #1, #2 and #3 eliminate the need
B: #2 and #3 eliminate the need
C: Only #3 eliminates the need
D: Only #2 eliminates the need

Answer 3

C: See 305.1. Notice the distinction between #1 and #3. Also, compare this with Article 140 C.P.L. where notice can be dispensed with when there is FIGHT, FLIGHT, or it is IMPRACTICAL.

Question 4

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

Question A:
Roger is to be treated as a J.O. rather than a J.D

A: TRUE
B: FALSE

Answer 4

B: He did a Burglary 2nd Degree without an aggravating factor. This makes him a J.D. rather than a J.O.

Question 5

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

Fingerprinting of Roger is required under the provisions of the Family Court Act.

A: TRUE
B: FALSE

Answer 5

A: Burglary 2nd Degree is a “C” Felony.
11 or 12 = A or B
13-14-15 = A thru E

Question 6

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

An IMMEDIATE notification is required by the Family Court Act to Roger’s parent or other person legally responsible for his care, or if unavailable, the person with whom Roger resides.

A: TRUE
B: FALSE

Answer 6

A: Every reasonable effort must be made to make the notification. This means one failed effort is NOT enough.

Question 7

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

Roger is NOT eligible to be released by way of a Family Court Appearance Ticket since he committed a DESIGNATED FELONY

A: TRUE
B: FALSE

Answer 7

B: This is NOT a DESIGNATED FELONY. If an AGGRAVATING FACTOR were present, then it would be. Furthermore, the fact that a child commits a DESIGNATED FELONY does not necessarily preclude him from receiving an Appearance Ticket. When a DESIGNATED FELONY is committed AND Family Court is in session, then the judge wants to see the kid right away unless questioning is necessary. If Family Court is NOT available and the arrest is for a designated felony, absent special circumstances, the kid can be released to parents, etc.

Question 8

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

Roger may be taken directly to Family Court by P.O. Mullins.

A: TRUE
B: FALSE

Answer 8

A: Family Court is in session.

Question 9

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

If P.O. Mullins determines that questioning of Roger is necessary,he may take him to a proper place and there question him for a reasonable period of time.

A: TRUE
B: FALSE

Answer 9

A: In which case he needn’t bring Roger directly to court. But remember MIRANDA.

Question 10

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

A “proper place” mentioned above could be a facility designated by the CHIEF ADMINISTRATOR of the Courts, or, with parents’ consent, etc., Roger’s residence.

A: TRUE
B: FALSE

Answer 10

A: TRUE

Question 11

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

Before questioning can take place as in (G) above, Roger must be given his Miranda warnings.

A: TRUE
B: FALSE

Answer 11

A: TRUE

Question 12

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

Re: Miranda warnings as above, if parents, etc., are present, they must be advised of Miranda rights.

A: TRUE
B: FALSE

Answer 12

A: TRUE

Question 13

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

Under no circumstances can Roger be questioned without his parents, etc., being present.

A: TRUE
B: FALSE

Answer 13

B: Technically, according to law, only IF PRESENT are they required to be given Miranda warnings. Court decisions have gone both ways. In the recent past the Court said the right to WAIVE is the child’s right. But do what your Department says re: Miranda and J.D.’s.

Question 14

P.O. Mullins arrests Roger, age 15, for a dwelling burglary. The arrest occurs at 1330 hours on a Monday afternoon. There is reason to believe that Roger is part of an organized group of teenage burglars who have been operating within the jurisdiction. As a matter of fact, P.O. Mullins is convinced that Roger was aided by 3 other persons who were not taken into custody. P.O. Mullins brings Roger into the station house where you are the Desk Officer.

Based on the above facts, answer the following statements as TRUE or FALSE.

The PREFERRED disposition re: Roger is to release him to his parents, etc., by way of an Appearance Ticket given to him and his parents.

A: TRUE
B: FALSE

Answer 14

A: It is the preferred way to go when a designated felony is not involved.

Question 15

A proceeding to adjudicate a person a J.D. is originated by the filing of a petition. Said petition may be filed

A: by any person injured by the J.D.’s conduct.
B: by the J.D.’s parent, etc.
C: only by a presentment agency.
D: by any police officer.

Answer 15

C: See 310.1.

Question 16

George, a retired police officer, observes Roger, a 15 year old youth, stealing hubcaps from a car. George shouts and the youth runs away. George catches the youth within 100 yards and takes him into custody.

Based on the provisions of the F.C.A., consider the following statements.

1. George must inform Roger of the reason for the arrest.
2. The arrest by George was legal.
3. George must deliver the child to a police officer or the Family Court.

The choice below which most accurately describes the above statements is:

A: #1, #2 and #3 are correct.
B: #1 and #3 are correct but #2 is not.
C: #2 is correct but #1 and #3 are not.
D: #2 and #3 are correct but #1 is not

Answer 16

C: Re: #3, George can take Roger to Roger’s home.

Question 17

When a child under 16 is taken into custody by a police officer, and the officer determines that questioning of the child is necessary, the officer should

A: give the child Miranda warnings at the first opportunity.
B: take the child to a place designated as suitable for the questioning of children and there question him for a reasonable period of time.
C: take the child to a place certified as a facility for the reception of children.
D: question the child only if he is alleged to have committed a designated felony act.

Answer 17

B: take the child to a place designated as suitable for the questioning of children and there question him for a reasonable period of time.

Question 18

If a child under 16 is arrested by police and charged with committing a designated felony act, and if questioning is not necessary, the officer should

A: take the child directly to Family Court in the county.
B: release the child upon properly distributed Appearance Tickets.
C: take the child to a place certified as a juvenile detention facility for the reception of children if Family Court is not in session.
D: if Family Court is not in session, release the child upon a properly distributed Family Court Appearance Ticket in the absence of special circumstances.

Answer 18

D: if Family Court is not in session, release the child upon a properly distributed Family Court Appearance Ticket in the absence of special circumstances.

Question 19

Under the provisions of Article 3 of the Family Court Act, fingerprinting of arrested J.D.’s is mandatory under certain circumstances. Which of the following arrested J.D.’s must be printed?

1. John, age 15, commits Coercion 2nd Degree.
2. Mary, age 11, commits Criminal Sexual Act 1st Degree.
3. Paul, age 12, commits Robbery 1st Degree.
4. Joan, age 15, commits Grand Larceny 1st Degree

A: #1, #2, #3 and #4
B: #2, #3 and #4 but not #1
C: #2 and #3 but not #1 and #4
D: #1, #2 and #3 but not #4

Answer 19

B: 11/12 = A or B; 13/14/15 = ANY FELONY. Coercion 2nd Degree is an A misdemeanor.

Question 20

An arrested J.D. can be released to his parents (sometimes) under the authority of a Family Court Appearance Ticket. If the J.D. is to be released and has committed a DESIGNATED FELONY, the return date (not counting Saturday, Sunday, Holidays) is not more than

A: one week from date of issuance.
B: 14 days from date of issuance.
C: 72 hours from date of issuance.
D: there is no return date for such a J.D.

Answer 20

C: Watch out for them giving you a specific calendar date.

Question 21

If a J.D. has been arrested for other than a DESIGNATED FELONY, the return date of the Appearance Ticket would be not more than

A: 30 days from date of issuance.
B: 14 days from date of issuance.
C: 7 days from date of issuance.
D: 3 days from date of issuance.

Answer 21

B: Watch out for them giving you a specific date.

Question 22

According to the provisions of the F.C.A., an 11 or 12 year old J.D. is not required to be fingerprinted for a crime unless the crime is at least a

 A: Class E Felony.
 B: Class D Felony.
 C: Class C Felony.
 D: Class B Felony.
 E: Class A Felony.

Answer 22

D: Class B Felony.

Question 23

When a fact-finding hearing (TRIAL) in a J.D. proceeding is conducted, the evidence must meet certain standards. Consider these standards re: the EVIDENCE.

1. It must be competent.
2. It must be relevant.
3. It must be material.
4. It must establish proof beyond a reasonable doubt before a child may be adjudged a J.D.

A: #1, #3, #3 and #4 are all legal standards of evidence according to the F.C.A.
B: #2 and #3 are standards but not #1 and #4
C: #1, #2 and #3 are standards but not #4
D: #2, #3 and #4 are standards but not #1

Answer 23

A: In a J.D. DISPOSITIONAL HEARING (sentencing), the evidence need not be competent and proof need only be a PREPONDERANCE.

Question 24

A PETITION to have someone declared a P.I.N.S. must contain all of the following, except

A: if a male, that he was under 16 at the time of the alleged acts.
B: if a female, that she was under 18 at the time of the alleged acts.
C: that the respondent is incorrigible, etc
D: that the respondent requires supervision or treatment.

Answer 24

A: Male or female L.T. 18.

Question 25

P.I.N.S. proceedings may be originated by

1. a police officer.
2. a parent of the respondent.
3. any person who has suffered an injury as a result of the respondent’s activity, or a witness to such activity.

A: #1, #2 or #3
B: #1 but not #2 or #3
C: #1 or #2 but not #3
D: #2 and #3 but not #1

Answer 25

A: And in addition, agents of duly authorized agency and, in some cases, the presentment agency

Question 26

Which of the following is not required to be alleged in a petition to have someone declared a P.I.N.S.?

A: That the respondent requires supervision, treatment or confinement
B: That the respondent is an habitual truant, etc.
C: If a female, that she was under 18 at the time of the specified act
D: If a male, that he was under 18 at the time of the specified act

Answer 26

A: (A) is wrong because of the word “CONFINEMENT.”

Question 27

The statement below which is least accurate according to the provisions of the Family Court Act is:

A: A child less than 16 who violates the provisions of Section 221.05 of the Penal Law (marihuana possession) shall be adjudicated a juvenile delinquent.
B: A “fact-finding” hearing in a J.D. proceeding is to determine whether the respondent did the acts complained of.
C: A dispositional hearing in the case of a Person In Need of Supervision is to determine whether the respondent needs supervision or treatment.
D: A “designated felony act” as defined in Article 3 of the Family Court Act can be committed by a person who is less than 14 years of age.

Answer 27

A: Such possession is NOT a crime, but it could cause a person to be P.I.N.S.

Question 28

According to the provisions of the Family Court Act, when a police officer takes a child under 16 into custody he must

A: advise him of his constitutional rights.
B: bring him to the Family Court if it is in session.
C: bring him to the police station house for detention until parents arrive.
D: immediately notify the child’s parent, other person legally responsible for his care, or the person with whom the child resides, that the child has been taken into custody.

Answer 28

D: immediately notify the child’s parent, other person legally responsible for his care, or the person with whom the child resides, that the child has been taken into custody.

Question 29

If a child under the age of 16 has been taken into custody and all “housekeeping” duties have been taken care of, the Family Court gives several options re: the dispositions of the child in custody. The Family Court Act states that, absent “special circumstances,” the child shall be

A: brought to the Family Court for necessary processing.
B: released to his parent or other person legally responsible for his care, upon a Family Court Appearance Ticket.
C: advised of his constitutional rights, and if questioning is necessary, requested to waive those rights.
D: released to parents if the crime charged is less than a felony, but held for Family Court if the crime charged is a felony.

Answer 29

B: released to his parent or other person legally responsible for his care, upon a Family Court Appearance Ticket.

Question 30

The statement below which is not correct re: fingerprinting procedures under Article 3 of the Family Court Act is:

A: When the D.C.J.S. receives prints of a J.D., they search their files for J.D. adjudications as well as pending J.D. proceedings.
B: The results of the D.C.J.S. file search, whether positive or negative, will be reported to the police agency which forwarded the prints.
C: The police agency which receives the report as in (B) shall transmit two copies thereof to the appropriate Family Court.
D: If the J.D. whose fingerprints were placed on file is adjudicated a J.D. for something less than a felony, his prints shall be returned to him or his parents.

Answer 30

D: If the J.D. whose fingerprints were placed on file is adjudicated a J.D. for something less than a felony, his prints shall be returned to him or his parents.