FCA ART 3 VOLUME 3

Question 1

FCA 312.2 Issuance of a warrant -

The court may issue a warrant for the respondent OR a person legally responsible for his care, after a petition has been filed when:

(1) a summons cannot be served; or

(2) such person has refused to obey a summons or family court appearance ticket; or

(3) the respondent or other person is likely to leave the jurisdiction; or

(4) a summons, in the court’s opinion, would be ineffectual; or

(5) a respondent has failed to appear.

Answer 1

FCA 312.2 Issuance of a warrant -
The court may issue a warrant for the respondent OR a person legally responsible for his care, after a petition has been filed when:
(1) a summons cannot be served; or
(2) such person has refused to obey a summons or family court appearance ticket; or
(3) the respondent or other person is likely to leave the jurisdiction; or
(4) a summons, in the court’s opinion, would be ineffectual; or
(5) a respondent has failed to appear.

Question 2

FCA 312.2 Issuance of a warrant -

Warrant reports - if the court issues a warrant based on the respondent’s failure to appear, the court MUST adjourn the case to a date certain within ________ for a report on the efforts to secure the respondent in court.

• EFFORTS (MUST/MAY) BE MADE TO HAVE THE WARRANT EXECUTED DURING THOSE ______________
• The court must issue WRITTEN findings of fact as to the efforts to secure the respondents appearance.
• IF THERE ARE NO EFFORTS TO SECURE THE RESPONDENT, THAT (CAN/CANNOT) AFFECT THE PRESENTMENT AGENCY’S CASE

Answer 2

THIRTY (30) DAYS……… MUST…..THIRTY (30) DAYS…. CAN

Question 3

FCA 312.2 Issuance of a warrant -

A juvenile who is arrested pursuant to a warrant issued under this section must forthwith and with all reasonable speed be taken directly to the _________ located in the county in which the warrant had been issued, or, when __________ Is not in session, to the most accessible magistrate, if any, designated by the appellate division of the supreme court in the applicable department.

• If a juvenile is brought before an accessible magistrate, the magistrate shall set a date for the juvenile to appear in the family court in the county in which the warrant had been issued, which shall be no later than __________ if the magistrate orders the juvenile to be DETAINED and within ________ if the magistrate orders the juvenile to be released.
• In determining whether the juvenile should be released, with or without conditions, or detained, the magistrate shall issue the findings.
• The magistrate shall transmit its order to the family court forthwith.

Answer 3

family court …the family court ….. the NEXT DAY the court is in session ………. TEN (10) COURT DAYS

Question 4

FCA PART 315.1 Motion to dismiss; defective petition-*

A motion to dismiss the petition as defective may be made by the respondent or the court itself on the grounds of:

• It does not conform to the requirements of the _____________
• The allegations demonstrate the court does not have ______________
• The statute defining the crime is ________________ or invalid

Answer 4

statute….jurisdiction………… unconstitutional

Question 5

FCA PART 315.2 Motion to dismiss in furtherance of justice-*

A motion to dismiss the petition in the furtherance of justice may be issued upon the motion of the presentment agency, the respondent or the court itself on a variety of different grounds. It must be in writing and filed any time after the filing of the petition.

• Notice of motion must be served on the opposing party not less than ___________ prior to the motion being heard, with answering affidavits filed within ___________ prior to the return date

Answer 5

EIGHT (8) DAYS……….. TWO (2) DAYS

8-2 Days - Same as a motion in the CPLR

Question 6

FCA PART 315.3- Adjournment in contemplation of dismissal

Except for __________ , at any time prior to the conclusion of the fact finding hearing the court may with the consent of the respondent order that the proceeding be “adjourned in contemplation of dismissal” for a period not to exceed ____________

• Such adjournment may specify conditions like the completion of an alcohol awareness program

Answer 6

designated felony acts…….. SIX (6) MONTHS

Question 7

FCA PART 315.3- Adjournment in contemplation of dismissal

An order adjourning a petition in contemplation of dismissal may be issued upon motion of the Presentment agency, the Court itself, or the Respondent.

• Upon issuing such order the reasons must be set forth on the record
• Upon issuing such an order, the court (MUST/MAY) release the respondent

Answer 7

MUST

Question 8

FCA PART 315.3- Adjournment in contemplation of dismissal

Adjournment in contemplation of dismissal

Upon motion by the presentment agency, or the court upon its own motion, the matter may be restored to the calendar.

• If after __________ , it is not restored to the calendar, the petition is deemed to be dismissed in the furtherance of justice

Answer 8

SIX (6) MONTHS

Question 9

FCA PART 315.3- Adjournment in contemplation of dismissal

(NEW) Where an order of fact-finding that includes solely a __________ committed by a juvenile ____________ OR ____________ there shall be a rebuttable presumption (i.e. this is going to happened unless there is a good argument not to) that the court shall

• adjourn the case ________________________, or
• refer the case to the probation service for________________, or
• ______________ the case.

Answer 9

Violation ……….. SIXTEEN (16) YEARS OF AGE OR SEVENTEEN (17) YEARS OF AGE,……….. in contemplation of dismissal………. adjustment……… dismiss

Question 10

320.1* The initial appearance; definition*

The initial appearance is when the respondent first appears before the court after a petition has been filed and is similar to an __________ in the criminal court

Answer 10

arraignment

Question 11

320.2 The initial appearance; timing; adjournment and appointment of counsel*

• If the respondent is detained the initial appearance shall be held no later than __________ after the petition is filed or the next day the court is in session whichever is sooner
• If the respondent is not detained, the initial appearance shall be held as soon as practicable and within _________ of the petition being filed
• The ____________ shall notify all counsel of the initial appearance date

Answer 11

SEVENTY TWO (72) HOURS……… TEN (10) DAYS ……… clerk of the court

Question 12

320.2 The initial appearance; timing; adjournment and appointment of counsel*

At the initial appearance the court (MUST/MAY) appoint a “attorney for the child” if no other attorney has appeared

Answer 12

MUST

Question 13

320.2 The initial appearance; timing; adjournment and appointment of counsel*

The initial appearance may be adjourned for no longer than __________ or until the next court day whichever is sooner for counsel to appear

Answer 13

SEVENTY-TWO (72) HOURS

Question 14

320.2 The initial appearance; timing; adjournment and appointment of counsel*

The respondent (MUST/MAY) enter an admission or denial and if he refuses the court must enter a denial on his behalf (Sec. 321.1).

Answer 14

MUST

Question 15

320.3* Notice of Rights*-

The court (MUST/MAY) inform the respondent of certain rights including the right to “remain silent” and the “right to counsel”

Answer 15

MUST

Question 16

320.4 The initial appearance; procedures

At the initial appearance the court must inform the respondent of the charges contained in the petition and the presentment agency must provide a copy of the petition to him or his counsel.

At the initial appearance it will be determined:

1. Whether_____________ is necessary
2. Whether the case should be referred to the ____________ for possible adjustment
3. If the child is detained, the adjourn date for the ________________ if it has not occurred yet
4. The date of the _________________ and any such other issues

Answer 16

detention……. probation service………. probable cause hearing……….. fact finding hearing

Question 17

320.5- The initial appearance; release or detention*

• At the initial appearance the court may release the respondent or direct his detention
• If released, there may be terms and conditions of release which is to be provided to the respondent

Answer 17

320.5- The initial appearance; release or detention*
At the initial appearance the court may release the respondent or direct his detention
If released, there may be terms and conditions of release which is to be provided to the respondent

Question 18

320.5- The initial appearance; release or detention*

To direct detention of the respondent the court must find that:

• ___________________ to detention would not be appropriate,
• there is a substantial probability the respondent will ________________ in court on the return date or
• that there is a serious risk that before the return date he may commit an act considered a ___________ if committed by an adult

The court shall use a “detention risk assessment instrument” prior to directing detention and must state the reasons for directing detention particularly when the youth was assessed as a “low” or “medium” risk.

Electronic monitoring and the use of a short term safe house are options for the court

Answer 18

alternatives………not appear……. crime

Question 19

320.5- The initial appearance; release or detention*

• The presentment agency (MUST/MAY) introduce the prior delinquency findings of the respondent if any and if fingerprinted, then the records of such may also be introduced.
• At the conclusion of the proceeding the fingerprint records are returned to the presentment agency and not made part of the court record

Answer 19

MAY

Question 20

320.5- The initial appearance; release or detention*

The court shall also state in any order directing detention

1. Whether continuation in the respondent’s home would not be in the best interests of the respondent
2. In consideration of the protection of the community whether efforts were made to prevent the removal of the respondent from his home

Answer 20

The court shall also state in any order directing detention
1. Whether continuation in the respondents home would not be in the best interests of the respondent
2. In consideration of the protection of the community whether efforts were made to prevent the removal of the respondent from his home

Question 21

(NEW) 320.6. The initial appearance; referral to the probation service.

At the initial appearance or at any subsequent appearance, the court may refer a case to the probation service for adjustment services

The probation service shall consider the views of the __________ and the impact of the alleged act or acts of juvenile delinquency upon the complainant and upon the community in determining whether adjustment under this section would be suitable.

Answer 21

complainant

Question 22

The initial appearance; referral to the probation service

In the case of a ___________ , the consent of _____________ shall be required to refer a case to the probation service for adjustment services.

A. the presentment agency
B. the judge
c. the complainant
d. the respondent

Answer 22

designated felony petition……….. A. the presentment agency

Question 23

320.5- The initial appearance; release or detention*

Where an order of fact-finding that includes solely a violation committed by a juvenile __________ OR ____________ , there shall be a rebuttable presumption that

• the court shall refer the case to the probation service for adjustment services, or
• dismiss the case, or
• adjourn the case in contemplation of dismissal.

Answer 23

SIXTEEN (16) YEARS OF AGE OR SEVENTEEN (17) YEARS OF AGE

Question 24

321.1- Entry of an admission or a denial * -

The respondent (MUST/MAY) admit or deny each charge and upon remaining mute the court will enter a denial upon the respondent’s behalf

Answer 24

MUST

Question 25

321.2- Admissions to part of a petition; admissions concerning other petitions*

• The respondent may as a matter of right enter an admission to all charges, however with the consent of the court and the presentment agency may enter an admission to a _________________________.
• If it charges more than one crime then again with the consent of the court and consent of the presentment agency they may enter a plea to part of the petition, which constitutes a disposition to the ________

Answer 25

lesser included crime……entire petition

Question 26

321.3 Acceptance of an admission*-

Before accepting an admission the court shall advise the respondent of his rights to a fact finding hearing and must establish that:

1. He committed the acts, which he enters an admission to
2. He is waiving his right to a fact finding hearing
3. He is aware of the possible dispositions

Answer 26

321.3 Acceptance of an admission*- Before accepting an admission the court shall advise the respondent of his rights to a fact finding hearing and must establish that:
1. He committed the acts, which he enters an admission of
2. He is waiving his right to a fact finding hearing
3. He is aware of the possible dispositions

Question 27

321.4 Withdrawal of an admission or denial*

A respondent who has entered a __________ may at any time withdraw the denial at any time before the conclusion of the __________ and enter an admission to the entire petition

At any time before a __________ , the court may permit the respondent to withdraw his __________ restoring the case to its original status needing a fact finding hearing

Answer 27

denial …. fact finding hearing……admission….. dispositional finding

Question 28

322.1 Incapacitated person; examination reports

If the court is of the opinion that the respondent may be an incapacitated person, then the court must issue an order that he be examined.

• (NEW) Such exam may be conducted on an outpatient basis if the respondent is NOT in custody.
• If the respondent is in custody at the time the court issues an order of examination, the examination may be conducted at the place where the respondent is being held in custody so long as no reasonable alternative outpatient setting is available.

Answer 28

322.1 Incapacitated person; examination reports

If the court is of the opinion that the respondent may be an incapacitated person, then the court must issue an order that he be examined.
(NEW) Such exam may be conducted on an outpatient basis if the respondent is NOT in custody. If the respondent is in custody at the time the court issues an order of examination, the examination may be conducted at the place where the respondent is being held in custody so long as no reasonable alternative outpatient setting is available.

Question 29

322.1 Incapacitated person; examination reports

________ qualified psychiatric examiners shall be ordered for this purpose to determine if he or she may be diagnosed as a person with mental illness or an intellectual or developmental disability.

Answer 29

TWO (2)

Question 30

322.1 Incapacitated person; examination reports

Proceedings will be adjourned until the examination report has been filed with the court, which shall occur within ________ of the entry of the order.

Upon a showing of special circumstances and a finding that a longer period is necessary to complete the examination and report, the court may extend the time for filing the examination report.

Answer 30

TEN (10) DAYS

Question 31

322.1 Incapacitated person; examination reports

Each report shall state

• the examiner’s opinion as to whether the respondent is or is not an incapacitated person,
• the nature and extent of his examination and,
• if he finds the respondent is an incapacitated person, his diagnosis and prognosis and a detailed statement of the reasons for his opinion by making particular reference to those aspects of the proceedings wherein the respondent lacks capacity to understand or to assist in his own defense.

Answer 31

322.1 Incapacitated person; examination reports

{Each report shall state
the examiner’s opinion as to whether the respondent is or is not an incapacitated person,
the nature and extent of his examination and,
if he finds the respondent is an incapacitated person, his diagnosis and prognosis and a detailed statement of the reasons for his opinion by making particular reference to those aspects of the proceedings wherein the respondent lacks capacity to understand or to assist in his own defense.

Question 32

322.1 Incapacitated person; examination reports

__________ shall prescribe the form for the examination report.

Answer 32

The chief administrator of the courts

Question 33

§ 322.2. Proceedings to determine capacity.

1. Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person.

The respondent, the counsel for the respondent, the presentment agency and the commissioner of mental health or the commissioner of developmental disabilities, as appropriate, shall be notified of such hearing at least ____________ prior to the hearing.

Answer 33

FIVE (5) DAYS

Question 34

§ 322.2. Proceedings to determine capacity.

Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person.

If the court finds that the respondent is not an incapacitated person, it shall __________ the delinquency proceedings.

Answer 34

CONTINUE

Question 35

§ 322.2. Proceedings to determine capacity.

Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person

If the respondent is found to be incapacitated, a hearing will be scheduled to determine if there is __________ the defendant committed a crime

A. Clear and convincing evidence
B. Reasonable belief
C. Probable cause
D. Preponderance of the evidence

Answer 35

C. Probable cause

Question 36

§ 322.2. Proceedings to determine capacity.

Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person

If after hearing, probable cause is found that the respondent committed a misdemeanor, then they will be committed to the custody of the commissioner not to exceed ____________

(NEW) Unless the court specifies that such commitment shall be in a residential facility, such commissioner having custody may arrange for treatment in an appropriate facility or program, including an outpatient program

(KNOW THIS) The court shall____________ the petition on the issuance of the order of commitment and such dismissal shall constitute a bar to further prosecution of the charge or charges contained in the petition.

Answer 36

NINETY (90) DAYS….. dismiss

Question 37

§ 322.2. Proceedings to determine capacity.

Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person

5. (a) If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities for an initial period not to exceed _________ from the date of such order.

Answer 37

ONE (1) YEAR

Question 38

§ 322.2. Proceedings to determine capacity.

• Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person
• If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities
• • If needed, such commitment may be extended annually, by application, not more than _________ prior to expiration on forms that have been prescribed by the chief administrator of the courts.

Answer 38

SIXTY (60) DAYS

Question 39

§ 322.2. Proceedings to determine capacity.

• Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person
• If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities
• If needed, such commitment may be extended annually.
• • At that time, the commissioner must give written notice of the application to the respondent, the counsel representing the respondent and the mental hygiene legal service if the respondent is at a residential facility.
• • Upon receipt of such application, the court must conduct a hearing to determine the issue of capacity.
• • If, at the conclusion of a hearing conducted pursuant to this subdivision, the court finds that the respondent is no longer incapacitated, he or she shall be returned to the family court for further proceedings pursuant to this article.
• • If the court is satisfied that the respondent continues to be incapacitated, the court shall authorize continued custody of the respondent by the commissioner in a facility or program for a period not to exceed _______

Answer 39

ONE (1) YEAR.

Question 40

§ 322.2. Proceedings to determine capacity.

Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person

If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities

If needed, such commitment may be extended annually.

Such extensions shall not continue beyond a reasonable period of time necessary to determine whether the respondent will attain the capacity to proceed to a fact finding hearing in the foreseeable future but in no event shall continue beyond the respondent’s ___________ or, if the respondent was at least ____________ when the act was committed, beyond the respondent’s ___________

(b) If a respondent is in the custody of the commissioner upon their _________ BIRTHDAY, or if the respondent was at least __________ when the act resulting in their placement was committed, beyond the respondent’s ____________ the commissioner shall notify the clerk of the court that the respondent was in his custody on such date and the court shall dismiss the petition.

Answer 40

EIGHTEENTH (18) BIRTHDAY ………….. SIXTEEN (16) YEARS OF AGE ……….. TWENTY-FIRST (21) BIRTHDAY……

EIGHTEENTH (18) BIRTHDAY ………….. SIXTEEN (16) YEARS OF AGE ……….. TWENTY-FIRST (21) BIRTHDAY.

Question 41

§ 322.2. Proceedings to determine capacity.

Upon the receipt of examination reports, the court shall conduct a ___________ to determine whether the respondent is an incapacitated person

Answer 41

hearing

Question 42

§ 322.2. Proceedings to determine capacity.

Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person

• (c) If the court finds that there is probable cause to believe that the respondent has committed a designated felony act, the court shall require that treatment be provided in a ______________ within the appropriate office of the department of mental hygiene or in an outpatient facility if the commissioner having custody of the child petitions the court and such court approves.
• (d) The commissioner shall review the condition of the respondent within __________ after the respondent is committed to the custody of the commissioner.
• • He or she shall make a second review within ________ after the respondent is committed to his or her custody and every __________ thereafter.
• • The respondent and the counsel for the respondent, shall be notified of any such review and afforded an opportunity to be heard.
• The commissioner having custody shall apply to the court for an order ___________ whenever they determine that there is a substantial probability that the respondent will continue to be incapacitated for the foreseeable future.
• • At the time of such application the commissioner must give written notice of the application to the respondent, the presentment agency and the mental hygiene legal service if the respondent is at a residential facility.
• • Upon receipt of such application, the court may on its own motion conduct a hearing to determine whether there is substantial probability that the respondent will continue to be incapacitated for the foreseeable future, and it must conduct such hearing if demanded by the respondent or the mental hygiene legal service within __________ from the date that notice of the application was given to them.
• The respondent may apply to the court for an order of dismissal on the same ground.

Answer 42

residential facility……….. FORTY-FIVE (45) DAYS…. NINETY (90) DAYS…….. NINETY (90) DAYS….dismissing the petition ….. TEN (10) DAYS

Question 43

§ 322.2. Proceedings to determine capacity.

• Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person
• Any order pursuant to this section dismissing a petition shall not preclude an application for voluntary or involuntary care and treatment in a facility or program of the appropriate office of the department of mental hygiene.
• • Unless the respondent is admitted pursuant to such an application he or she shall be___________ .

Answer 43

released

Question 44

§ 322.2. Proceedings to determine capacity.

• If the commissioner having custody of a child committed to a residential facility due to probable cause to believe that the child committed a felony determines at any time that such child may be more appropriately treated in a non-residential facility or on an outpatient basis, he or she may arrange for such treatment.
• If the commissioner having custody of a child committed to a residential facility due to probable cause to believe that the child has committed a designated felony act determines at any time that such child may be more appropriately treated in a non-residential facility or on an outpatient basis, he or she may petition the family court for a hearing.
• If the court finds after a hearing that treatment in a non-residential facility or on an outpatient basis would be more appropriate for such child, the court shall modify its order of commitment to direct the commissioner to transfer the child to a non residential facility or arrange outpatient treatment.
• Application for a hearing to determine whether any child committed to a residential facility under subdivisions four or five of this section may be more appropriately treated in a non-residential facility or on an outpatient basis may be made by the respondent.

8.

• • If the commissioner however feels the respondent is not incapacitated, he shall petition the court for a hearing. The respondent and the presentment agency shall be notified of a scheduled hearing within ____________
• • If the court finds after hearing the respondent is no longer incapacitated, he shall be returned to the family court for further proceedings

A. 24 hours
B. 48 hours
C. 72 hours
D. 3 days
E. 5 days

Answer 44

A. 24 hours

Question 45

§ 322.2. Proceedings to determine capacity.

9. Time spent by the respondent in the custody of a commissioner of an office within the department of mental hygiene or in a local hospital or detention facility pending transfer to the custody of the commissioner after a finding of incapacity, shall be ________ and applied towards the period of placement specified in a dispositional order on the original petition.

Answer 45

credited

Question 46

325.1. The probable-cause hearing; time.*

A probable cause hearing shall be scheduled if at the initial appearance the respondent denies the charges and it is determined he will be detained for more than __________ pending a fact finding hearing

Answer 46

THREE (3) DAYS

Question 47

325.1. The probable-cause hearing; time.*

** The probable cause hearing shall be held within ________ following the initial appearance or within __________ following the filing of the petition whichever occurs sooner **

Answer 47

THREE (3) DAYS……… FOUR (4) DAYS

Question 48

325.1. The probable-cause hearing; time.*

• For good cause the probable-cause hearing may be adjourned for up to an additional ______________
• The respondent may waive the probable-cause hearing, and the fact that the respondent is not ready for a fact-finding hearing (SHALL/SHALL NOT) be deemed such a waiver.

Answer 48

THREE (3) COURT DAYS…..shall not

Question 49

325.2. The probable-cause hearing; order of proceeding.*

• The probable cause hearing is similar to a ____________ hearing in the criminal procedure law.
• Only _____________ evidence shall be admissible to demonstrate reasonable cause to believe that the respondent committed a crime

Answer 49

felony……non-hearsay

Question 50

325.2. The probable-cause hearing; order of proceeding.*

The order of the hearing is as follows:

1. The presentment agency must call witnesses and offer evidence
2. The respondent may as a matter of right testify on his own behalf
3. The respondent may call and examine witnesses

Answer 50

PuWE RaTaW

Question 51

325.2. The probable-cause hearing; order of proceeding.*

The probable-cause hearing should be completed in one session however if adjourned it may be for _____________

Answer 51

only ONE (1) COURT DAY

Question 52

325.3. The probable-cause hearing; determination*.

At the conclusion of the probable cause hearing the court shall determine whether it is reasonable to believe that

• a crime was committed AND
• whether it was the respondent who committed such crime
• • If the court finds that there is reasonable cause it shall further determine if continued detention is necessary
• • If the court does not find reasonable cause to believe a crime was committed and that the respondent committed it, the case shall be adjourned and the respondent released from detention
• • If the court or the presentment agency cannot hold the probable cause hearing in the specified time limits in FCA 325.1, the court may dismiss the petition or adjourn the hearing and release the respondent

Answer 52

(Unless the court finds that BOTH (1) and (2) listed above are true, the respondent must be released from detention. If the court finds that both (1) and (2) listed above exist, the court may continue to detain the respondent.)