FCA 1 and 2 Flashcards
FCA 117 In which counties is a child abuse part established?
In every county of NYS
FCA 115 T/F? The FC has exclusive original jurisdiction over family
offenses.
False, concurrent jurisdiction with criminal court over family offenses
FCA 117 Designated felony parts are established in which counties?
In the 5 NYC counties
FCA 119 T/F? A “duly authorized agency” may be a foreign corporation
that has a place of business in NYS.
False, memorize definition
FCA 119 An “infant” or “minor” is a person who has not attained the age
of___________
18
FCA 152 T/F? FC judge may dispense with formality of placing a minor
under oath.
True, and may also administer oaths and take acknowledgments, and
may designate an official of his court to do so.
FCA 153-a When may a FC warrant of arrest be executed?
24/7 - any day of week, any hour of day or night
FCA 154-d If a Local Criminal Court issues an Order of protection
returnable in Family Court, the matter must be returnable the next day
that Family Court is in session (but in no event more than ______calendar
days after the issuance of the order).
4
FCA 158 Protective custody of material witness under 16 cannot extend
more than ___ days without renewal.
14 (max 42 days)
FCA 175 Violation of probation proceeding may be heard in county
where order was made or________
county where violation occurred
FCA 216-b T/F? Clerk of FC shall use discretion in giving out petition
forms to persons requesting them.
False, shall give petition forms to any person requesting them
FCA 216-c What must a clerk of the court or probation officer do if there
is a question regarding the family court’s jurisdiction over a matter?
a. prevent the person from filing the petition until jurisdiction is confirmed
b. refuse to file the petition and redirect the person to another court
c. prepare and file the petition, then refer it to the court for determination of all
issues, including the jurisdictional question
d. require the person to provide additional documentation before filing the petition
C
FCA 217 the court shall file or direct the filing of an order within___days of the decision of the court, OR within ___days of settlement of the order on notice.
a. 20…30 b. 20…20 c. 30…10 d. 5…10
B
FCA 249 T/F? In making an appointment of an attorney for a child
pursuant to this section, the court shall, to the extent practicable and
appropriate, appoint the same attorney who has previously represented
the child.
True
FCA 262 T/F? A petitioner and respondent, if indigent, are entitled to
free counsel in an article 8 proceeding.
True
FCA 262 T/F? A petitioner, if indigent, is entitled to free counsel in an
article 5 proceeding.
False. Only a respondent is so entitled
FCA 214 Family Court 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 1
million)
c. each appellate division and used only in that district
d. the estate administrator and used statewide
A
FCA 216-c 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
C
FCA 262 Which of the following persons does NOT have the right to free
counsel if unable to afford counsel?
a. respondent in an article 10 proceeding
b. petitioner or respondent (art 8 proceeding)
c. parent of child seeking custody
d. petitioner in an article 5 proceeding
D
FCA 249 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, 10-C
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
D
