FCA ART 1 & 2 Flashcards
112 The family court act applies in all __________ of the state of New York
counties
113 Establishment of court. The family court of the state of New York is established in each ______ of the state as part of the unified court system for the state
county
114 “Exclusive original jurisdiction” means the proceedings over which the family court is given such jurisdiction (MUST/MAY) be originated in the family court as described in this act.
- This however in no way limits or impairs the jurisdiction of the ________
MUST….. Supreme Court
115 The family court has exclusive original jurisdiction over:
1. Proceedings concerning juvenile delinquency (Article 3)
2. Support proceedings (Article 4)
3. Paternity proceedings and support for children out of wedlock (Article 5)
4. Termination of parental rights to guardianship and custody by reason of permanent neglect, or by reason of mental illness or intellectual disability (new), and severe and repeated child abuse, or the death of one or both parents where no guardian has been lawfully appointed, or by reason of abandonment of the child for a period of ____________ prior to the filing of the petition, where the child is under the jurisdiction of the family court
5. A person in need of supervision (Article 7)
6. Abuse and Neglect proceedings (Article 10)
SIX MONTHS
115 The family court has such other jurisdiction including but not limited to:
1. Habeas corpus proceedings
2. Support, maintenance and distribution of marital property and custody when referred to the family court from the supreme court
3. Conciliation proceedings
4. Proceedings concerning physically handicapped, or (NEW) developmentally disabled children
115 The family court has such other jurisdiction including but not limited to:
1. Habeas corpus proceedings
2. Support, maintenance and distribution of marital property and custody when referred to the family court from the supreme court
3. Conciliation proceedings
4. Proceedings concerning physically handicapped, or (NEW) developmentally disabled children
115 And lastly over additional matters as is provided by law such as:
1. Adoption and custody (Article 6)
2. UIFSA (Article 5B)
3. Foster care and custody (10A)
4. Former foster children (10B) and Destitute children (10C) (New)
5.Guardianship and custody
6. interstate compact on juveniles and placement of children
7. Uniform child custody jurisdiction and enforcement
And lastly over additional matters as is provided by law such as:
1. Adoption and custody (Article 6)
2. UIFSA (Article 5B)
3. Foster care and custody (10A)
4. Former foster children (10B) and Destitute children (10C) (New)
5.Guardianship and custody
6. interstate compact on juveniles and placement of children
7. Uniform child custody jurisdiction and enforcement
115 The family court and the criminal court have concurrent jurisdiction over family offenses (G SHESMADS SIC, etc.) but you already knew that
The family court and the criminal court have concurrent jurisdiction over family offenses (G SHESMADS SIC, etc.) but you already knew that
115 The family court has the power to suspend driving privileges, recreational licenses and permits of persons who are delinquent in child and/or spousal support obligations or persons who have failed to comply with summonses, subpoenas or warrants relating to child _____ OR __________
support or paternity
116 - The court when _________ shall place children with associations, agencies, societies and appointed guardians of the same ____________ or persuasion as that of the child
practicable……….. religious faith
117 There is established in a family court a “__________”. Such part shall be __________ from all other proceedings. Cases involving child abuse shall be transferred to such part unless there are matters pending in another part involving members of the same family or household. In that case the judge presiding over those matters can hear the child abuse allegations as well.
child abuse part……. held separate
117 There is hereby established in the family court in the city of NY at least one “___________ “. Outside the city of NY all proceedings involving such an allegation shall have a hearing preference over every other proceeding in the court with the sole exception of proceedings under article __________
designated felony act part… 10 (Abuse and Neglect).
117 The __________ of the courts may establish one or more separate support parts for the purpose of expediting support proceedings
chief administrator (YES, THE CHIEF ADMINISTRATOR!!!)
118 - The seal of the family court consists of the words “Family court of the state of NY” followed by the name of the county using the seal
118 - The seal of the family court consists of the words “Family court of the state of NY” followed by the name of the county using the seal
119 “A duly authorized association, agency, society or institution” means a society for the prevention of cruelty to children duly incorporated under the laws of this state or any institution supported or controlled by the state duly empowered to care for children which:
1. ls incorporated under the laws of this state or
2. Actually has its place of business or home within the state
3. ls approved, visited, inspected and supervised by the department of family assistance
119 “A duly authorized association, agency, society or institution” means a society for the prevention of cruelty to children duly incorporated under the laws of this state or any institution supported or controlled by the state duly empowered to care for children which:
1. ls incorporated under the laws of this state or
2. Actually has its place of business or home within the state
3. ls approved, visited, inspected and supervised by the department of family assistance
119 “A person legally responsible for the child’s care” includes the child’s ________, _________, or ___________ for the child’s care
custodian, guardian or any other person responsible
119 An “infant” or “minor” means a person who has not attained the age of ___________
Eighteen (18)
120 All expenses of the court including judicial and non-judicial salaries within the city of NY are a _____ charge and outside the city of NY are a ________.
Exception, take note: Salaries of __________ appointed to ___________ shall be a state charge payable out of funds appropriated to OCA.
City….. county charge…….. support magistrates…….. compel support
151- Judges of the family court are __________
Magistrates
152- Each family court judge may administer _______ and _________. They may also designate ________ of his court to do so as well
oaths and take acknowledgments ……… an official
152 - A judge (MAY/MAY NOT) dispense with placing a minor under oath prior to taking testimony
MAY
153- A family court can issue a subpoena or a warrant to secure or compel the attendance of a person and may also admit to, fix or accept bail or parole him pending completion of the hearing or proceeding. A family court can also issue a subpoena duces tecum (for books or records) in accordance with the CPLR.
153- A family court can issue a subpoena or a warrant to secure or compel the attendance of a person and may also admit to, fix or accept bail or parole him pending completion of the hearing or proceeding. A family court can also issue a subpoena duces tecum (for books or records) in accordance with the CPLR.
153A -
- A warrant of arrest may be executed on any day of the week, at any hour of the day or night.
- Unless encountering physical resistance, the officer making the arrest must inform the person that a warrant for his arrest has been issued.
- Upon request the officer must show him the warrant although the officer is not required to have the warrant in his possession.
- The officer may use physical force to affect the arrest as necessary.
- He may enter a premise after giving notice of his authority and purpose of entry, even by force if needed
153A - A warrant of arrest may be executed on any day of the week, at any hour of the day or night. Unless encountering physical resistance, the officer making the arrest must inform the person that a warrant for his arrest has been issued. Upon request the officer must show him the warrant although the officer is not required to have the warrant in his possession. The officer may use physical force to affect the arrest as necessary. He may enter a premise after giving notice of his authority and purpose of entry, even by force if needed
153A - A warrant of arrest may not be executed on a Sunday. T/F?
False. 153A - A warrant of arrest may be executed on any day of the week, at any hour of the day or night.
153A - Unless encountering ____________ the officer making the arrest must inform the person that a warrant for his arrest has been issued. Upon request the officer must show him the warrant although the officer is not required to have the warrant in his possession. The officer may use physical force to affect the arrest ___________ . He may enter a premise (BEFORE/AFTER) giving notice of his authority and purpose of entry, even by force if needed
physical resistance…. as necessary…. AFTER