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
153A - Must an officer have a warrant in his possession to effectuate it?
No.
153-b Whenever the petitioner requests an order of protection, the summons and petition and the order of protection if issued may be served on any day of the week, at any hour of the day or night. This is usually done by a police officer or peace officer, who will then file with the court an affirmation, certificate or affidavit of service or attempted service if unable to serve successfully.
153-b Whenever the petitioner requests an order of protection, the summons and petition and the order of protection if issued may be served on any day of the week, at any hour of the day or night. This is usually done by a police officer or peace officer, who will then file with the court an affirmation, certificate or affidavit of service or attempted service if unable to serve successfully.
153 -B Transmission of facsimile or other electronic means may be used for expedited service of Orders of Protection and the accompanying papers. T/F?
TRUE
153-B Service of Temporary order of Protection or Order of Protection is usually done by a police officer or peace officer UNLESS the party requesting the order of protection requests to forego the above process by police or sheriff and state on the record (in court before the judge), that he/she will arrange for service of the summons, petition, and temporary order of protection (if issued); d) proof of service must be provided to the court (affirmation, certificate or affidavit of service)
153-B Service of Temporary order of Protection or Order of Protection is usually done by a police officer or peace officer UNLESS the party requesting the order of protection requests to forego the above process by police or sheriff and state on the record (in court before the judge), that he/she will arrange for service of the summons, petition, and temporary order of protection (if issued); d) proof of service must be provided to the court (affirmation, certificate or affidavit of service)
153-c
- Any person who appears at the family court requesting an order of protection is entitled to file a petition without delay _________________
- The hearing for the order of protection may occur that same day as well, but no later than ______________ the family court is open
on that same day. …….the next day
153-c Any person who appears at the family court requesting an order of protection is entitled to file a petition when?
A. The next day
B. The next day the family court is in session
C. Without delay on that same day
D. Without unnecessary delay
C. Without delay on that same day
153-c Any person who appears at the family court requesting an order of protection is entitled to file a petition without delay on that same day. The hearing for the order of protection may occur that same day as well, but no later than when?
A. The next day the family court is open
B. Without unnecessary delay
C. Without delay on that same day
D. The next day
A. The next day the family court is open
153-B family offense petitions. (DIRECT FROM CPLR) (b) As provided in this section, the _____________, with the approval of the administrative board of the courts, may promulgate rules to establish and implement a pilot program for the filing of petitions for temporary orders of protection by electronic means and for the issuance of such orders ex parte by audio-visual means in order to accommodate litigants for whom attendance at court to file for, and obtain, emergency relief would constitute an undue hardship or to accommodate litigants, for whom traveling to and appearing in the courthouse to obtain emergency relief, creates a risk of harm to such litigant.
chief administrator of the courts
154 The family court is a statewide court and can send process to _______ within the state with the same force and effect as in the originating county
any county
154 - The family court can even send process outside the state for proceedings to _________ or ____________ or __________.
establish paternity or to modify or enforce support
154 - The family court can also send process outside the state for service of an _______ or if a _______ is alleged under article 4,5,6,8 or 10 even though the person is not a resident of the state as long as:
1. The act or acts giving rise to the order of protection occurred in the state
2. The applicant for an order of protection resides or has contacts within the state
order of protection ….. violation
154 - For orders of protection and violations of orders of protection, service upon a non-resident or non-domiciliary of a petition and summons shall be made at least _____________ before the return date
TWENTY(20) DAYS
For orders of protection and violations of orders of protection, when service is effectuated on an out of state respondent, and the respondent defaults by failing to appear, the court on its own motion (sua sponte) or upon the application of any party, including the attorney for the child, may proceed to a hearing with respect to the issuance or enforcement of the Order of Protection
For orders of protection and violations of orders of protection, when service is effectuated on an out of state respondent, and the respondent defaults by failing to appear, the court on its own motion (sua sponte) or upon the application of any party, including the attorney for the child, may proceed to a hearing with respect to the issuance or enforcement of the Order of Protection
Section 154-a. Service of petition. In every proceeding in family court, a copy of the petition filed therein shall be served upon the respondent at the time of service of process or, if that is not practicable, at ______________________
the first court appearance by respondent.
154-b. Order of protection; answer and counter-claims; confidentiality of address.
In every proceeding under articles 4, 5, 6 and 8 of this act in which an order of protection is requested, the respondent may file with the court an answer to the petition and a counterclaim. A counter-claim shall be heard in the same manner as a petition and may be heard on the return date of the petition, provided that the counterclaim is served on the petitioner no later than _______ prior to the return date and said counter-claim and proof of service is filed with the court. The petitioner may file and serve a reply to the counterclaim. A denial of the allegations of the counterclaim shall be presumed if the petitioner does not file and serve a reply.
five days
Hint: “Talk to the hand” (five finger response for five days) - not to be confused with a single, middle finger response
154b The court upon its own motion or upon motion of _________ can authorize the address of any party or child to remain confidential. Pending such a finding the address will be safeguarded and sealed
any party
154b lf a party resides in a program for victims of domestic violence, the address of such program (SHALL/SHALL NOT) be revealed
shall not
154b The court shall designate the clerk of the court or other disinterested person upon their consent as agent of process for the party with the confidential address, who will then forward such necessary documents to them
(d) In any case in which such confidentiality authorization is made, the party whose address is to remain confidential shall inform the clerk of the court or disinterested person designated by the court of any change in address for purposes of receipt of service of process or any papers.
154b The court shall designate the clerk of the court or other disinterested person upon their consent as agent of process for the party with the confidential address, who will then forward such necessary documents to them
(d) In any case in which such confidentiality authorization is made, the party whose address is to remain confidential shall inform the clerk of the court or disinterested person designated by the court of any change in address for purposes of receipt of service of process or any papers.
154-c All orders of protection shall plainly state _____________
the expiration date of such order
154 -c Any motion to vacate or modify any order of protection or temporary order of protection issued under this act shall be on notice to the __________ and the child’s attorney, if any. No order of protection may direct any party to observe conditions of behavior unless: (i) the party requesting the order of protection has served and filed a petition or counter-claim in accordance with article four, five, six or eight of this act .
non-moving party
154-d A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court provided that a sworn affidavit is submitted:
1. Alleging the family court is not in session
2. Alleging a family offense has been committed
3. Alleging a family offense petition has been filed or will be filed the next day the family court is in session
4. Showing good cause
154-d A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court provided that a sworn affidavit is submitted:
1. Alleging the family court is not in session
2. Alleging a family offense has been committed
3. Alleging a family offense petition has been filed or will be filed the next day the family court is in session
4. Showing good cause
154 -D A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court.
The petitioner shall be advised of the option to proceed in the _________ and (upon the filing of an accusatory instrument) in the criminal court at the same time or one or the other
family court
154 -D A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court.
The criminal court must then make the matter returnable in the family court on the next day they are in session, but in no event more than _____________
FOUR (4) CALENDAR DAYS
154 -D A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court.
Any temporary order of protection issued shall also expire not more than ______________ after its issuance
FOUR (4) CALENDAR DAYS
154 -D A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court.
The criminal court must also immediately forward to the family court in a manner designed to arrive prior to the return date there, ________________ AND _____________
a copy of the temporary order of protection and affidavit
154 -d The same general rules apply concerning temporary orders of protection issued by the criminal court apply to the modification of an order of protection except there has to be a showing that the current order of protection is _________________ for the purposes of protection.
This is an exception to the general rule that modifications of orders of protection need to be on notice as stated in 154-c, for here it is ex parte
insufficient
154-e A valid order of protection or temporary order of protection issued by a court of competent jurisdiction in another state, (MAY/SHALL) be afforded full faith and credit and enforced as if issued by a court within the state
An order under this section is considered valid if:
- The issuing court had personal jurisdiction over the parties and the subject matter
- The person against whom the order is issued against had reasonable notice and an opportunity to be heard prior to its issuance
SHALL
155 - If an adult respondent is arrested under this act when the family court is not in session, he shall be taken to _______________ and arraigned
The magistrate thereafter may commit such respondent to the custody of the sheriff, admit to, fix or set bail, or parole him for a hearing before the Family Court
the most accessible magistrate
155 The protected party in whose favor the order of protection or temporary order of protection is issued, (MAY/MAY NOT) be held to violate an order issued in his or her favor, nor may such protected party be arrested for violating such order.
may not
155-a A desk officer in charge at a police station, county jail or police headquarters, or any of his or her superior officers may take cash bail for a person’s appearance before the appropriate court the next morning from any person arrested on a family court warrant. There is a special rule for when this can occur:
- Between XX:XX XX through the night to XX:XX XX the next morning,
or
- ln NYC between XX:XX XX through the night to XX:XX XX the next morning
The amount of bail set is the amount fixed in the warrant and if an arrest occurs outside of the above hours the respondent would be brought ____________ to answer the warrant
11:00:00 AM…. 8:00 AM…………. 2:00PM ……. 8:00 AM………. directly to the family court
156- The provisions in the judiciary law for civil and criminal contempts (DO/DO NOT) apply here in the family court act as well
DO
157 - lf there is any conflict in the application of any provision in this part with a provision for a proceeding elsewhere in the FCA, The article governing __________ in the FCA controls
that proceeding
158- The family court may place in protective custody a person under the age of _____ who is a material witness
A. 18
B. 17
C. 16
D. 15
C. 16
158 - No order of protective custody may extend for a period of more than __________. For good cause shown the court may renew the order for additional periods of ________ , but the total period cannot exceed _______________ .
FOURTEEN (14) DAYS….. FOURTEEN (14) DAYS…….. FORTY-TWO (42) DAYS
HINT: Remember it this way 14 + 14 + 14 = 42 days maximum protective custody
161 The days and hours the court is open shall be provided by ________
rule of court.
161 The rules of the court allow for a judge other than a family court judge to perform a family court judge’s functions in specified sections of the act
161 The rules of the court allow for a judge other than a family court judge to perform a family court judge’s functions in specified sections of the act
161 ln certain sections _______ is authorized to perform the functions of a family court judge
any magistrate
162- There (SHALL/MAY) be a waiting room for the care of children brought to the family court
SHALL
NEW NEW NEW 162 Use of restraints on children in courtrooms
§ 162-a. Use of restraints on children in courtrooms. (a) Use of Restraints. Except as provided below, restraints on children under the age of ________ , including, but not limited to, handcuffs, chains, shackles, irons or straitjackets, are prohibited in the courtroom.
(b) Exception. Permissible physical restraint consisting of handcuffs or foot cuffs that shall not be joined to each other may be used in the courtroom during a proceeding before the court only if the court determines on the record, after providing the child with an opportunity to be heard, why such restraint is the least restrictive alternative necessary to prevent:
(1) physical injury to the child or another person by the child;
(2) physically disruptive courtroom behavior by the child, as Evidenced by a recent history of behavior that presented a substantial risk of physical harm to the child or another person, where such behavior indicates a substantial likelihood of current physically disruptive courtroom behavior by the child; or
(3) flight from the courtroom by the child, as evidenced by a recent history of absconding from the court.
twenty-one
Fight, Flight, Physically Disruptive
Personally, I think it should be Phight, Phlight, Physically Disruptive
163- Proceedings, which involve children, shall be heard separately and apart from adult proceedings where ________
Practicable
164- CPLR rules apply here in the family court act regulating judicial notice, authentication and proof of records. T/F?
TRUE
165- lf no method of procedure is provided by this act, the rules of the administrative board of the judicial conference or the _____ will control
CPLR
166- Family court records are not open to indiscriminate public inspection, however the court in its discretion may permit inspection of any papers or records
166- Family court records are not open to indiscriminate public inspection, however the court in its discretion may permit inspection of any papers or records
166 - Any duly authorized agency, association, society or institution to which a child is committed (MAY/MAY NOT) cause an inspection of the record of investigation
MAY
167 - Unless a person makes an objection to the manner of service, the appearance in court by such person is conclusive proof that the summons was duly served
167 - Unless a person makes an objection to the manner of service, the appearance in court by such person is conclusive proof that the summons was duly served
168- When the family court issues an order of protection or temporary order of protection the clerk of the court shall issue a copy of such order to the petitioner and respondent or _____________
any other person affected by the order
168 The presentation of the copy of an order of protection or temporary order of protection, warrant or certificate of warrant to any peace officer or police officer shall constitute the authority to arrest the person charged with violating such order
The presentation of the copy of an order of protection or temporary order of protection, warrant or certificate of warrant to any peace officer or police officer shall constitute the authority to arrest the person charged with violating such order
168 - The clerk of the court shall file with the sheriff’s office or police department in the county where the (PETITIONER/RESPONDENT) resides a copy of the order of protection or temporary order of protection
PETITIONER
168 - Any order of protection or temporary order of protection shall clearly bear the language on the front page of the order as follows: “this order constitutes an order of protection” lt shall also contain the following notice:
“This order of protection will remain in effect even if the protected party has, or consents to have, contact or communication with the party against whom the order is issued. This order of protection can only be modified or terminated by the court. The protected party cannot be held to violate this order nor be arrested for violating this order.”
The absence of such language shall not affect the validity of such order
168 - Any order of protection or temporary order of protection shall clearly bear the language on the front page of the order as follows: “this order constitutes an order of protection” lt shall also contain the following notice:
“This order of protection will remain in effect even if the protected party has, or consents to have, contact or communication with the party against whom the order is issued. This order of protection can only be modified or terminated by the court. The protected party cannot be held to violate this order nor be arrested for violating this order.”
The absence of such language shall not affect the validity of such order
NEW NEW NEW § 169. Translation and interpretation of orders of protection.
The office of court administration shall ensure that a court order of protection and temporary order of protection issued by the court is translated in writing into the appropriate language for a party to a proceeding where the court has appointed an interpreter.
The office of court administration shall ensure that the standard language of the office of court administration order of protection and temporary order of protection forms shall be translated in writing in the languages most frequently used in the courts of each judicial department .
A copy of the written translation shall be given to each party in the proceeding, along with the original order or temporary order of protection issued in English.
A copy of this written translation shall also be included as part of the record of the proceeding.
The court shall read the essential terms and conditions of the order aloud on the record and direct the court appointed interpreter to interpret the same terms and conditions.
Such written translation or interpretation shall not affect the validity or enforceability of the order.
In every case a party to a proceeding shall be provided with an English copy of any court order of protection or temporary order of protection issued.
The authority provided herein shall be in addition to and shall not be deemed to diminish or reduce any rights of the parties under existing Law
NEW NEW NEW § 169. Translation and interpretation of orders of protection.
The office of court administration shall ensure that a court order of protection and temporary order of protection issued by the court is translated in writing into the appropriate language for a party to a proceeding where the court has appointed an interpreter.
The office of court administration shall ensure that the standard language of the office of court administration order of protection and temporary order of protection forms shall be translated in writing in the languages most frequently used in the courts of each judicial department .
A copy of the written translation shall be given to each party in the proceeding, along with the original order or temporary order of protection issued in English.
A copy of this written translation shall also be included as part of the record of the proceeding.
The court shall read the essential terms and conditions of the order aloud on the record and direct the court appointed interpreter to interpret the same terms and conditions.
Such written translation or interpretation shall not affect the validity or enforceability of the order.
In every case a party to a proceeding shall be provided with an English copy of any court order of protection or temporary order of protection issued.
The authority provided herein shall be in addition to and shall not be deemed to diminish or reduce any rights of the parties under existing Law
171 An order of the family court in any county may be enforced or modified in that county or in the family court in any county in which the party affected by the order __________OR _________
resides or is found
172 When a county other than the county in which an order was made is going to enforce or modify such order, the petition must have _________ OR _________ of the original order attached
an original or certified copy
773- lf a new County takes over a family court proceeding and does not transfer it back to the original court, then it will keep the case and have the original court send them ____________
the entire file
174- The family court can transfer a proceeding to any other county for good cause where the proceeding ______________
might have been originated
175- A violation of probation that occurs in a county other than the county in which the order of probation was made can be heard in ____________ OR _____________
that county or the county which made the order
176- When a person placed on probation lives in another county, or a person already on probation wants to move to another county in the state, the family court can transfer the proceedings for the supervision of probation to the new county where the probationer now or will reside
The new probation department will assume all the powers and duties of the original issuing probation department
176- When a person placed on probation lives in another county, or a person already on probation wants to move to another county in the state, the family court can transfer the proceedings for the supervision of probation to the new county where the probationer now or will reside
The new probation department will assume all the powers and duties of the original issuing probation department
247- Minors who are subject to family court proceedings or appeals should be represented by counsel of their choosing or by assigned counsel
247- Minors who are subject to family court proceedings or appeals should be represented by counsel of their choosing or by assigned counsel
242- “______________” refers to attorneys admitted to practice law in the state of NY and designated to represent minors
“Attorney for the child”
243- OCA may enter into an agreement with a _________ to provide attorneys to represent children for the family court or appeals from family court proceedings
The appellate division of the Supreme Court can designate a panel of attorneys or enter into an agreement with other qualified attorneys to serve as attorneys for children as necessary. lt may invite a bar association to make recommendations of qualified attorneys for this purpose
legal aid society
244 An agreement between OCA and the legal aid society may be terminated upon notice ________ prior to termination
No designation of a panel of attorneys to act as attorneys for children shall be for more than ________ however successive designations may be made
SIXTY(60) DAYS……….. ONE(1) YEAR
245- Attorneys for children shall be compensated and allowed expenses on a cost basis as part of the legal aid society, an appointed panel of attorneys, or individually as counsel
245- Attorneys for children shall be compensated and allowed expenses on a cost basis as part of the legal aid society, an appointed panel of attorneys or individually as counsel
245 - The ____________of the judicial conference may provide standards for the exercise of powers granted to _____________ under this part
A. Family Court
B. Support Magistrates
C. Appellate Division
D. Appellate Term
administrative board of the judicial conference……… C. Appellate Division
The costs of “attorneys for children” shall be payable by whom?
A. The County or City of New York
B. The State of New York
C. The Parents
D. The Moving Party
B. The State of New York
KNOW THIS 249
ln the following proceedings an “attorney for the child” MUST be appointed if no other counsel is representing the minor:
3, 7, 10s…
- Article 3 Juvenile Delinquency
- Article 7 Persons in need of supervision (PINS)
- Article 10 Child protective proceedings including 10A,10B and 10C and in other matters involving the revocation of an adoption consent, certain social service law proceedings or whenever a minor is to be placed in protective custody
in other matters involving the revocation of an adoption consent, certain social service law proceedings or whenever a minor is to be placed in protective custody
The respondent (IS/IS NOT) permitted to waive counsel in proceedings involving placement of a juvenile delinquent or person in need of supervision or continued commitment to the custody of commissioner of mental health or the commissioner of people with developmental disabilities
IS NOT PERMITTED
249 - In any proceeding under article ten-B of this act (Former Foster Care Youth Re-entry Proceedings), the family court shall appoint an attorney to represent a youth, under the age of _________, who is the subject of the proceeding, if independent legal representation is not available to such youth
A. 21
B. 20
C. 19
D. 18
C. 17
E. 18
A. 21
249 - Generally the court will try to appoint the same attorney who may have previously represented that child. lf a JD proceeding is begun as a result of a removal to the family court pursuant to CPL725, then the attorney who represented the child in criminal court shall be appointed as the “attorney for the child” in the family court
249 - Generally the court will try to appoint the same attorney who may have previously represented that child. lf a JD proceeding is begun as a result of a removal to the family court pursuant to CPL725, then the attorney who represented the child in criminal court shall be appointed as the “attorney for the child” in the family court
249A A minor in a JD, PINS or any proceeding where the minor is detained under the interstate compact for juveniles, is considered to lack the knowledge and maturity to waive the appointment of an attorney. After the “attorney for the child” is appointed, a hearing can be held to determine this further.
There needs to be ____________ (the highest civil quantum of proof):
- The minor understands the charges, what dispositions can occur and the possible defenses to these charges
- The minor possesses the maturity, knowledge and intelligence to conduct his own defense
- The waiver is in the best interest of the minor
clear and convincing evidence
249b- The __________________ shall promulgate rules for the workload standards of attorneys for children, including the number of children they can represent at any one time to ensure the children are receiving effective assistance of counsel within legal and ethical mandates. These attorneys will also receive initial and ongoing training
chief administrator of the courts
252A The probation department is entitled to a fee for conducting an investigation in an amount of not less than ___________ nor more than _____________ from the parties based on their ability to pay. Such fee may be apportioned between the parties or even waived. This is unusual as Family Court proceedings are generally cost free.
FIFTY (50) DOLLARS………… FIVE HUNDRED (500) DOLLARS
254- The __________ or corporation counsel in the city of NY may present a case in support of a petition if deemed necessary.
A. District attorney
B. County Attorney
B. County Attorney
254 - ln all cases involving abuse the corporation counsel of the city of NY or the appropriate __________ outside the city of NY shall be a necessary party to the proceeding
A. District attorney
B. County Attorney
A. District attorney
254a- The county attorney or the corporation counsel (in NYC) can enter into an agreement with the ___________ to present a case in support of a petition alleging a designated felony act had been committed.
Such agreement must meet the approval of the mayor within NYC or the respective County Executive outside the city
district attorney
255- Schools and other public organizations or officials (MAY/SHALL) cooperate with the needs of the family court.
SHALL
256- Any child placed or committed shall be subject to visits or inspections from state board of social welfare or ____________
department of social services
267- Certain proceedings in the family court allow for counsel to be appointed to those who cannot afford it. They have a right to such counsel and must be informed of such right and given an opportunity to have counsel appointed or have the matter adjourned to confer with counsel of their choice
267- Certain proceedings in the family court allow for counsel to be appointed to those who cannot afford it. They have a right to such counsel and must be informed of such right and given an opportunity to have counsel appointed or have the matter adjourned to confer with counsel of their choice
262 Article 18B of the county law provides for the implementation of the assignment of counsel
The following parties have a right to counsel:
- The respondent in a proceeding under article 10,10-A or 10-C,
- The petitioner in Visitation of minors in foster care (part B Art. 10]
- The petitioner AND respondent in Article 8 (Family offenses) - know this!
- The respondent in custody matters (part 3 Art. 6)
- The parent or person having legal custody of a child under Article 10,10A, 10B or 10C
- The parent of a child seeking custody or contesting right to custody
- A person the subject of a contempt proceeding
- The parent of a child who opposes an adoption of that child
- The respondent in a proceeding under Article 5 (paternity)
- Or any other proceeding where the court feels assignment of counsel is mandated by the constitution of NYS or the United States
262 Article 18B of the county law provides for the implementation of the assignment of counsel
The following parties have a right to counsel:
The respondent in a proceeding under article 10,10-A or 10-C,
The petitioner in Visitation of minors in foster care (part B Art. 10]
The petitioner AND respondent in Article 8 (Family offenses) - know this!
The respondent in custody matters (part 3 Art. 6)
The parent or person having legal custody of a child under Article 10,10A, 10B or 10C
The parent of a child seeking custody or contesting right to custody
A person the subject of a contempt proceeding
The parent of a child who opposes an adoption of that child
The respondent in a proceeding under Article 5 (paternity)
Or any other proceeding where the court feels assignment of counsel is mandated by the constitution of NYS or the United States
262 – Who is eligible for 18B assigned counsel in an FCA Article 8 Family Offense Proceeding?
A. The Petitioner only
B. The Respondent only
C. The Petitioner or the Respondent
D. The Petitioner and the Respondent
D. The Petitioner and the Respondent
