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LT Test > FCA > Flashcards

FCA Flashcards

1
Q

Article 1
1. When can a FC Warrant of Arrest be executed?

  1. Must you inform the subject of reason and show them the warrant?
  2. Must you knock before entering residence? Any Exceptions?
  3. May you enter a third party’s residence without a search warrant?

*5. T or F: FC Warrants of Arrest are good statewide?

  1. When can a FC summons, petition, or OOP be served?
A
  1. Any Day or Time
  2. If he asks and you have it (Unless fight, flight, etc)
  3. Yes, No (E x3 does not apply)
  4. Yes
  5. True
  6. Any Day and any time
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2
Q

Article 1
**1. Who can serve a FC Summons, Petition or OOP?

**2. Can you charge a fee?

**3. Proof of service shall be subscribed by ________ and affirmed to be true under penalties of perjury and shall state that a)______ were served, b) date, time and ______, c) ______ of service, and the d)_____ and _______ of person served.

**4. Do you also need the signature of the person served?

A
  1. Any Police or Peace Officer
  2. No
  3. The officer
    a)papers
    b)address/place
    c)manner
    d)name and brief physical description
  4. No***
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3
Q

Article 1
1. Who can request a temporary OOP from Family Court?

  1. If they show up when FC is open when can they file a request?
  2. When will the hearing on that request be held?
  3. Where does FC have jurisdiction?
  4. FC has jurisdiction over the process or violation of an OOP outside of NYS if the act occurs _______ AND the applicant ______ or _______.

*6. If an adult is arrested on a FC WOA and FC is not is session he is to be brought before ______ court in county of _____ or county of _______.

A
  1. Any Person
  2. Same day - without delay
  3. Same day or next day FC is open
  4. Statewide
  5. Inside NYS, resides in NYS, has substantial contacts in NYS
  6. LCC, arrest or where warrant is returnable
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4
Q

Article 1
***1. Can arrestee be released on bail if arrested on FC WOA?

*****2. When can bail be set for a FC Warrant of Arrest? Bail Amount?

**3. _______ may take cash bail for appearance at court ________ (when?).

A
  1. Yes, if bail is set on the warrant
  2. If arrest is made between 11am and 8pm next day. Amount of bail is on the FC Warrant
  3. DO, next morning
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5
Q

Article 1
*1. Presentation of a copy of any OOP/FC Warrant to any Police/Peace Officer gives them authority to ______.

  1. Can an OOP authorize a protected party to terminate a lease/rental agreement?
  2. Can an OOP be issued protecting a Family Pet?
  3. Must an OOP have an expiration date?
  4. If FC is closed ____ court may amend a FC OOP or issue a Temporary OOP returnable to _____ court. A Temp. OOP or Amended OOP is good for max of _____.
A
  1. arrest the violator and bring them to court
  2. Yes
  3. Yes
  4. Yes
  5. Criminal, either, 4 Days
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6
Q

Article 1
*****1. An order of FC may be enforced OR MODIFIED in County of _______ or any county where ________.

A
  1. issuance, affected party resides or is found
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7
Q

Article 1
**1. FC may place in protective custody a person _____ years old who is a _____. This order of protective custody cannot exceed _______.

**2. However, the order can be renewed a maximum of ______ time(s) for an additional ________ days. The total period a protective custody order cant exceed is _____ days.

A
  1. LT 16, material witness, 14 days
  2. 2 times, 14 days, *42 Days
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8
Q

Article 1
**1. ______ SHALL issue copies of OOP to ______ and ______ office, or ____/_____/____ PD in _______.

**2. ______ MAY issue copies of OOP to any other ______ or ______ having jurisdiction of ______, ______ and ______ of protected person.

***3. ______ MAY file a copy of the OOP with any _____ or _____ having jurisdiction.

A
  1. Clerk of the Court, petitioner/respondent/anyone affected, Sheriff’s Office, Town/village/city, county petitioner resides.
  2. Clerk of the Court, PD or Sheriffs Office, residence, work, and school
  3. The petitioner, PD, Sheriff’s Office
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9
Q

Article 1, 175

*****1. A Westchester County Probation Order from Family Court is violated in Suffolk county. Where can the case be handled?

A
  1. In either county. (A violation of a FC Probation Order can be heard in County of Issuance or Where Violated)
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10
Q

Article 3
**1. FC has exclusive original jurisdiction over any proceeding involving _______, _______, or ________ (_____ Court can take jurisdiction according to constitution)

  1. Can a JD be ordered to perform maintenance services?

**3. Would an 18 year old who committed a crime when 13 still be brought to FC as a JD?

**4. Do CPL statute of limitations apply for JD proceedings?

**5. Which FC has jurisdiction over a JD proceeding?

**6. A JD facility must be certified by _____ as a juvenile facility.

**7. No JD shall be detained in any prison/jail/lockup/or other place by adults without approval of the _______.

A
  1. Juvenile Delinquent, PINS, Abused/Neglected, Supreme Court
  2. Yes (Ex. Probation repair of cemetery plots)
  3. Yes, because the age of the defendant at the time of the crime is what is controlling
  4. Yes, but also no later that the defendant’s 18th birthday or before their 21st birthday if designated felony act
  5. County where the offense occurred (but the location can be transferred to another county if good cause is shown upon a motion from the respondent or other agency)
  6. Office for Children and Family Services
  7. Office for Children and Family Services
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11
Q

Article 3
***1. A child ____ years old SHALL NOT be detained in a secure detention facility.

  1. Detention Facility upon receiving a child shall immediately notify _____ or ______ that ______.
  2. May a civilian take a person LT 16 into custody? Under what circumstances? Must they inform the child of the reason for arrest?

***4. Upon arrest the civilian must take the child to _____, if cant then _____ and if cant the ______ Without Delay.

***5. If PO arrests person LT 16 1st step is to _________. Then release the child into _______ custody or forthwith take child to ________ or ________ (or _______ if questioning) or take child to facility certified by ________.

A
  1. LT 10 years old
  2. Parent/guardian/person with whom child resides, he is being placed in a detention facility
  3. Yes,
    Same as civilian arrest of an adult (Felony in fact in NYS, Misdemeanor in presence in county of commission).
    Yes, unless immediate flight from commission of a crime
  4. Child’s home, family court, police/peace officer
  5. Notify Parent/guardian/person with whom the child resides of custody

Parent/guardian/person resides with, FC/Stationhouse, facility designated by Chief Administrator of the Courts as suitable, office of children and family services

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12
Q

*1. What should be done if arrested 15 year old lives with Sister, who is present, and made multiple attempts to contact parent/guardians?

*2. If JD arrested, and questioning is not necessary, what are the three possible dispositions in order of preference?

**2a. What about for civilians?

A
  1. Can release to sister
  2. A)Release to Parents with FC Appearance Ticket
    B)Take to Family Court
    C) If FC not in session take to Juvenile Facility for Detention

2a. Civilians must without delay: Take the Juv. home, to family court or to a police/peace officer

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13
Q

Who approves the facility??

  1. Juvenile interrogation?
  2. PINS Detention?
  3. JD Detention?
  4. JO/AO/YO Detention?
A
  1. Chief Administrator of Courts
  2. Office for Children and Family Services
  3. Office for Children and Family Services
  4. Office for Children and Family Services
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14
Q

Article 3
1.If arrest is for a designated felony and questioning is not needed and court is in session bring the child to _________.

A
  1. Family Court
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15
Q

Article 3
1. If questioning child (at location designated by Chief Administrator of the Courts) he and _____ must be read Miranda.

1a. Must the interrogation be videotaped?

  1. Where do you bring a child sex crime victim?

**3. Which JD’s get fingerprinted? When can palm/photos be taken? What about JO’s or AO’s?

***4. Forward JD fingerprints to _______. Can you keep a copy? What about photos and palmprints?

A
  1. his parents/guardian

1a. Yes. if JO or AO (CPL60.45(3))

  1. to a safe house
  2. 11/12 = A or B Felony, 13/14/15 = Any Felony, whenever you can fingerprint. Same as adults.
  3. DCJS, No, Yes but keep confidential and separate from adults
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16
Q

Article 3 Points to Remember

** 1.What is the least serious felony that a JD can be fingerprinted for?

**2. What is the youngest age you can fingerprint for a class B felony?

**3. What is the youngest age that can be fingerprinted, palm printed, or photographed.

A
  1. E Felony (Prior Test Question)
  2. Age 11
  3. Age 11
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17
Q

Article 3
***1. A FC appearance ticket directs the juvenile to respond to ________.

***2, Return date is ______ for felony, and ______ for a designated felony

***3. If juvenile fails to appear the probation service may make efforts for up until _____ days but then must refer the matter to an appropriate presentment agency.

**4. A copy of the FC Appearance ticket must also be forwarded to the complainant, respondent, respondent’s parents, and appropriate probation service within _____.

A
  1. Designated Probation Service
  2. NMT 14 days = Felony

NMT 72 hours = Designated Felony (excluding Saturdays, Sundays, and Holidays after issuance)

  1. 7 days
  2. 24 hours
18
Q

Article 3
1. A petition originating a JD proceeding is a WRITTEN accusation by an AUTHORIZED PRESENTMENT AGENCY. It shall charge at least _____ crime(s) and must contain name of ____ court its filed in, title of _______, fact that respondent is ______ at time of alleged acts, separate accusation for each crime, precise crime charged, statement crime was committed in designated ________, date/time crime was committed, plain and concise statement of accusation, name/names of other _______, statement respondent requires supervision, treatment, or confinement, and signature of ________.

**2. What evidence can be admitted during a dispositional hearing? Hearsay?

**3. Adjudication decision is based on ___________.

**4. Must a JD Petition state that the child is beyond parental control?

A
  1. One
    Family Court
    action
    under 16 years old
    county
    FC or Criminal Court
    presentment attorney
  2. Material and Relevant Evidence, Yes
  3. Preponderance of Evidence

**A Dispositional Hearing is not the same as a JD Fact Finding Hearing(Trial) where evidence would need to be Relevant, Material, and COMPETANT(no Hearsay) and decision is based on Beyond a Reasonable Doubt

  1. No
19
Q

Article 3
1. Can court order an OOP against a JD? How long will it stay in effect?

**2. Upon order of termination of JD proceeding in favor of the respondent the _____ shall notify _____, director of appropriate _____ and heads of appropriate probation and ______ department or other LE agency that records shall be __________ = shall be made available to the _______ or his designated agent.

  1. Where do police keep JD records? Can they be available to the public?

**4. Who can order the records be opened? Who can see them? Also, _______ can see them if JD is convicted of a crime, unless ______.

A
  1. Yes. Shall not exceed period of time specified by order of disposition or oder adjouring a proceeding in contemplation of dismissal
  2. Clerk of the Court,
    counsel for child,
    presentment agency,
    police,
    sealed,
    respondent
  3. Separate from Adult records
    No
  4. FC in County where petition was adjudicated
    The respondent or his parent/guardian,
    Judge of the court he was convicted in,
    record has been sealed.
20
Q

Article 3
1. What is the purpose of a JD fact finding hearing?

  1. What is the purpose of a PINS dispositional hearing?
  2. When DCJS receives JD prints they search their files for JD ________ and JD ________. The results are then sent to the Police Agency who sent the prints, and upon receiving it the Police send _____ copies to ______.
A
  1. To determine if the JD committed the acts (Beyond Reasonable Doubt + Relevant, Material and Competent Evidence)
  2. Determine if they need supervision or treatment
  3. Adjudications, proceedings, 2, Family Court
21
Q

Article 3

** 1.A proceeding to adjudicate a person a JD is originated by the filing of a _______. The only person who can file that an thereby originate a JD proceeding is ________.

*2. A JD proceeding is originated in the county where the act complained of in the petition took place. Upon a motion by _____ or _____ it may be moved to another county.

A
  1. Petition. Presentment Agency
  2. the JD or the presentment agency
22
Q
  1. Regarding a PINS proceeding, no person may be detained in custody more than _____, or the next day court is in session, without a hearing.
A
  1. More than 72 hours
23
Q

Article 3 Designated Felonies
FCA 301.2 sub 8

  1. Section ***i, ii, and iii
  2. Section iv and v

***3. Section vi

A

1.13 -17 years old
**i = Murder 1/2, Kidnapping 1, and Arson 1 “MAK” (AKA Designated Class A Felonies)

ii = “CRAAM KAR” CSA 1, Rape 1, Assault 1, Agg. SA 1, Manslaughter 1, Kidnapping 2, Arson 2, Robbery 1

iii = Attempted Murder 1/2, or Attempted Kidnapping 1

  1. 14-17 yrs old
    iv = “BS Rob” Burg 1/2 sub2 (ABIKE), Loaded gun at School, Robbery 2 sub 2 (PI or Display)

v = Assault 2 or Robbery 2 if prior for these or i, ii, or iii

**3. 12-17yrs old
vi = Any Felony if convicted for two other felonies in Family Court

24
Q

Article 3 Designated Felonies
FCA 301.2 sub 8

***1. What are the Class A Designated Felonies and who can commit them?

***2. A person 12 -17 years old, arrested for a felony, and who in the past was found to be a JD for a crime on two separate occasions is a Designated Felony Offender?

*3. Is Burglary 2 of a Dwelling a designated felony?

A
  1. Murder 2, Kidnapping 1, and Arson1. Age 13-17
  2. Only if the two prior crimes were felonies
  3. No. Only ABIKE.
25
Q

Article 4
***1. Family Court may order DMV to suspend driving privileges based upon _________.

A
  1. Support (Failure to pay child support)
26
Q

Article 7
***1. “A person in need of supervision” is a person ______ yrs old who:
2. Does not ______, who is ____, _____, or _____ and beyond the ______ of a parent/guardian, or
3. Violates __________, or
4. Violates __________, or
5. Who appears to be a ____________.

A
  1. LT 18 years old (Male or Female)
  2. attend school, incorrigible, ungovernable, habitually disobedient, lawful control
  3. PL 221.05 UPM??
  4. PL 230.00 Prostitution
  5. Sexually Exploited Child
27
Q

Article 7
1. A _____ may return to a _____/______ any child ______ years old who they reasonably conclude has run away from home without ________.

***2. May reasonably conclude a child has run away if child refuses to give _______ or reason to doubt ________.

  1. Detention of PINS (alleged or adjudicated) shall be at facility authorized by _________.
A
  1. Police/Peace Officer, Parent/Guardian, LT 18 years old, just cause
  2. Their name or name and address of parent/guardian, name and address of parent/guardian is factual
  3. Officer of children and family services
28
Q

Article 7
1. Can a child be detained in a prison, jail, etc. , used for adults convicted of a crime or under arrest?

  1. The proceeding to adjudicate “PINS” is started by filing a ______ alleging _______ and respondent requires__________.

**3. Who can Originate a PINS proceeding? ________, ________, or any person who has __________, or any agents of a duly authorized agency, or a ________ substituting PINS for a JD Petition.

A
  1. No, unless get approval from Office of Children and Family Services
  2. Petition, the respondent is a PINS, supervision or treatment
  3. Police/Peace Officer, Parent/Guardian, has suffered injury or Witnessed an act as a result of alleged activity of a PINS, Presentment Agency
29
Q

Article 7

**1. Where can a PINS Petition be filed?

*2. Can the proceeding be transferred elsewhere? Who can request?

*3. Must a PINS Petition state that the child “needs confinement”?

A
  1. In the county the alleged acts occurred
  2. Can be moved to another County for good cause. On motion by the respondent, their parents, or the court itself.
  3. No
30
Q

Article 8
*1. FC and Criminal Courts have ______ jurisdiction over _______ offenses committed between _________.

  1. If discon is committed in a private residence is it still a valid family offense?

*3. Concurrent Jurisdiction = _______________.

  1. EVERY PO or DA investigating a family offense shall advise the victim ______ and give ______ notice of _______. Such notice shall be available in English and ______, and if necessary be delivered _____.

*5. Members of the same family/household in defined as _______, _______, _______, _______, or _______ (Must they have had sex? Must they live together?)

A
  1. concurrent, “CHARMS DIALS SACTS”, family
  2. yes
  3. one or BOTH courts have jurisdiction(criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section)
  4. of the availability of shelter/emergency services, written notice, legal rights/remedies available. Spanish, orally
  5. related by consanguinity or affinity, legally married, formerly married, child in common, intimate relationship (No, No)
31
Q

Article 8

**1. Does concurrent jurisdiction exist for ALL Family Offenses?

  1. Is it true that family offenses can only occur between spouses, parent/child, or members of the same household?
A
  1. No, if respondent is LT 16 and a JD then only FC
  2. Yes
32
Q

What are the family offenses?

A

“CHARMS DIALS SACTS”

Coercion 2nd sub 1, 2, or 3
Harassment 1st or 2nd
Reckless Endangerment
Menacing 2nd or 3rd
Stalking

Discon
ID Theft
Assault 2nd or 3rd
Larceny 3rd or 4th
Sex Abuse 2nd sub 1 or 3

Strangulation/Obstruction
Any Attempted Assault (Includes 1st Degree)
Criminal Mischief
Touching - Forcible
Sexual Misconduct

33
Q

Article 8
**1. At ANY TIME prior to ______ the court MAY with consent of _______ order that any matter by prosecuted in _____ court if the interests of justice so require.

  1. The court may issue a warrant to bring the respondent before the court. May the petitioner serve the warrant?
  2. However the ________ may issue a _______ to the petitioner stating that a warrant has been issued.
  3. Presentation of that certificate to any ______ authorizes him to _______.

**5. A CERTIFICATE OF WARRANT expires after _________ from date of issue but may be renewed by ______.

A
  1. a finding on a petition, petitioner, criminal
  2. No, unless the court grants such permission upon application of the petitioner
  3. clerk of the court, certificate
  4. Police/Peace Officer, arrest the respondent and bring then to court
  5. **90 Days, clerk of the court
34
Q

Article 8

**1. An OOP is generally valid for a period not in excess of ______. However, if aggregating circumstances/conduct involved ______ then can be valid for a period not in excess of _____.

  1. A family offense which occurs after the issuance of an OOP shall be deemed a new _____, for which a new petition may be filed in Family or Criminal Court.
A
  1. 2 years. Violation of a valid OOP, 5 years
  2. Offense
35
Q

Article 10

**1. What is an “Abused Child”?

**2. What is a “Neglected Child”?

A
  1. Child LT 18, who’s parent/guardian allows or inflicts injury upon the child
  2. Child LT 18, whose physical, mental, or emotional condition has been impaired, or in imminent danger of being impaired, due to a parent/guardian failing to exercise the minimum degree of care
36
Q

Article 10

**1. A ______, ______, or _____ may, if appropriate, take a child into protective custody without order or consent of the parent/guardian if:

  1. Reasonable cause to believe _______ to child’s __________ and __________, and there is not enough time to _______
  2. The person removing the child will immediately bring them to a place approved by _______. (Unless the person removing the child is a physician and child is going to ______.
  3. Every effort must be made to inform the parent/guardian of _______. Also give them ______ notice of removal details.
A
  1. Police Officer, Physician, or Designated employee of City/County Department of Social Services.
  2. Imminent danger to child’s life or health, apply for an order
  3. Local Dept. of Social Services. (Hospital)
  4. Facility child is brought to. Written.
37
Q

Article 10

*1. Notice of the removal shall be ______served to _____/_____, and if they are not present then ________ and ________ within _______ after removal of child.

  1. Who can originate child removal proceedings?
A
  1. personally, parent/guardian, affixed to the door and mailed, 24 hours
  2. Child protective agency, or person at Court’s direction
38
Q

Article 10

  1. Can a Police Officer seek a court order for removal of a child?
A
  1. No. They can remove child in an emergency, but cannot originate a removal proceeding.
39
Q

Misc

  1. What are Family Court Judges called?
  2. At a FC hearing can a Judge dispense with the formality of placing a minor under oath between testimony?

**3. Which of the following procedures may be originated by a Police Officer: A) Juvenile Delinquency, B) PINS, C) Family Offense, or D) Child Protective

  1. Is Family Court a civil proceeding?
A
  1. Magistrates
  2. Yes
  3. B) PINS and, C) Family Offense
  4. Yes
40
Q

Who can originate??

  1. Juvenile Delinquency
  2. PINS
  3. Family Offense
  4. Child Protective?
A
  1. Only a Presentment Agency by Filing a Petition

2.Police/Peace Officer, Parent/Guardian, has suffered injury or Witnessed an act as a result of alleged activity of a PINS, or a Presentment Agency

  1. Family Member, Agency, Court, or Police/Peace Officer
  2. Child protective agency, or person at Court’s direction (*So can be PO if Court so Directs)

A PO may always be able to INITIATE (Ex. JD Proceeding is initiated with an arrest) but not Originate. Be careful of these words on test day!

LT Test (12 decks)

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