FCA ART 3 VOLUME 4

Question 1

340.1. Time of fact-finding hearing.*

The fact-finding hearing must commence within the time limitations set out in Sec. 340.1. The time for the hearing depends on whether the respondent is in detention or at liberty.

If the respondent is “in detention” and the highest count in the petition charges a CLASS A, B OR C FELONY, the fact finding hearing shall commence not more than ___________________ after the conclusion of the initial appearance

Answer 1

FOURTEEN (14) DAYS

Question 2

340.1. Time of fact-finding hearing.*

• The fact-finding hearing must commence within the time limitations set out in Sec. 340.1. The time for the hearing depends on whether the respondent is in detention or at liberty.
• If the respondent is “in detention” and the highest count in the petition charges less than a CLASS C FELONY,the fact finding hearing shall commence not more than ___________ after the conclusion of the initial appearance

Answer 2

THREE (3) DAYS

Question 3

340.1. Time of fact-finding hearing.*

The fact-finding hearing must commence within the time limitations set out in Sec. 340.1. The time for the hearing depends on whether the respondent is in detention or at liberty.

If the respondent is “not in detention”, the fact finding hearing shall commence not “ more than ___________ after the conclusion of the initial appearance

Answer 3

SIXTY (60) DAYS

Question 4

340.1. Time of fact-finding hearing.*

The fact finding hearing may be adjourned on the court’s own motion or on motion of the presentment agency for _________ if the respondent is in detention and for _________ if he is not in detention

On motion of the respondent, the adjournment shall be not more than ___________, and on the court’s own motion for not more than ________ FOR AN ACOD

Answer 4

THREE (3) DAYS………. THIRTY (30) DAYS…… THIRTY (30) DAYS….. SIX (6) MONTHS

Question 5

340.1. Time of fact-finding hearing.*

Successive motions to adjourn (beyond the time allowed for good cause stated above), SHALL NOT be granted absent a showing of __________

Answer 5

SPECIAL CIRCUMSTANCES.

Question 6

340.1. Time of fact-finding hearing.*

Warrant- period of time that the Respondent is absent from court due to a warrant is (INCLUDED/EXCUDED)

Answer 6

EXCLUDED`

Question 7

340.2. Presiding judge.*

The judge who presides over the commencement of the fact finding hearing shall continue to preside over it until its completion as well as all other subsequent proceedings unless unable due to illness, disability, vacation or other causes

Answer 7

340.2. Presiding judge.*

The judge who presides over the commencement of the fact finding hearing shall continue to preside over it until its completion as well as all other subsequent proceedings unless unable due to illness, disability, vacation or other causes

Question 8

341.1. Exclusion of the general public.*

The general public (MAY/MAY NOT) be excluded from any proceeding under this article

Answer 8

MAY

Question 9

341.2. Presence of respondent and his or her parent.*

• The respondent and his counsel (MAY/SHALL) be personally present at any hearing under this article and at the initial appearance
• Similarly in the CPL if the respondent conducts himself in so disorderly a manner he (MAY/SHALL) be removed after being warned and the behavior continues

Answer 9

SHALL….. MAY

Question 10

341.2. Presence of respondent and his or her parent.*

• The respondent’s parent or other person responsible for his care shall be personally present at any hearing under this article and at the initial appearance;
• the court (CAN/CANNOT) proceed without them following reasonable and substantial effort to notify

Answer 10

CAN

Question 11

342.1. The fact-finding hearing; order of procedure.*

The order of the fact finding hearing shall be as follows:

1. The court shall permit opening addresses with the presentment agency first
2. The presentment agency must offer evidence
3. The respondent may offer evidence
4. The court may permit rebuttal and surrebuttal evidence

• • (Rebuttal evidence is evidence submitted to contradict or nullify the evidence of the opposing party.
• • Surrebuttal evidence is evidence submitted by the opposed party to contradict or nullify the rebuttal evidence. i.e to rebut the rebuttal)

5. At the conclusion of the evidence the respondent shall have a right to deliver a summation followed by the presentment agency
6. The court must then consider the case and enter a finding

Answer 11

PaRa PuE RaE RaPa

Kick punch it’s all in the mind

Question 12

342.2- Evidence in fact-finding hearings; required quantum

Only evidence that is ____________ may be admitted and any determination that the respondent committed the act must be based upon PROOF BEYOND A REASONABLE DOUBT (the criminal standard)

Answer 12

COMPETENT, MATERIAL AND RELEVANT

FUTURECLERK HINT: “C MR BRD” (SEE MR. BiRD)

Question 13

342.2- Evidence in fact-finding hearings; required quantum

Only evidence that is COMPETENT, MATERIAL AND RELEVANT may be admitted and any determination that the respondent committed the act must be based upon _____________ (the criminal standard)

Answer 13

PROOF BEYOND A REASONABLE DOUBT

FUTURECLERK HINT: “C MR BRD” (SEE MR. BeRD)

Question 14

342.2- Evidence in fact-finding hearings; required quantum

An order of removal pursuant to CPL 725 constitutes______________ that they responded committed the acts enumerated in the order of removal.

{An order of removal pursuant to a direction authorized by sections 220.10 (the defendant plead to an offense), 310.85 Verdict of guilty where defendant not criminally responsible and 330.25 Removal after verdict where a defendant is a juvenile offender or Murder 2 of the CPL constitutes ____________ and a determination that the respondent did the act or acts specified therein in accordance with section 725.05 of the criminal procedure law.}

Answer 14

proof beyond a reasonable doubt

Question 15

343.1. Rules of evidence; testimony given by children.*

Any person may testify as a witness in a delinquency proceeding.

Every witness more than _________ may testify ONLY under oath unless the court orders otherwise

Answer 15

NINE (9) YEARS OLD
Hint:”Nein” in German means “NO”

Question 16

343.1. Rules of evidence; testimony given by children.*

Any person may testify as a witness in a delinquency proceeding

A witness under _________ may NOT testify under oath unless the court is satisfied he understands the nature of the oath

Answer 16

NINE (9) YEARS OLD
Hint:”Nein” in German means “NO”

Question 17

343.1. Rules of evidence; testimony given by children.*

All children may testify (sworn or unsworn) unless the court believes that the child does not possess the sufficient intelligence or capacity to justify the reception of the evidence.

A respondent (MAY/MAY NOT) be found delinquent based SOLELY on the unsworn testimony of a child.

Answer 17

MAY NOT

Question 18

343.1. Rules of evidence; testimony given by children.*

A child witness may give testimony provided such child is considered vulnerable pursuant to CPL 65.10(1), which states a child witness is a person ___________ old or less who will be called to testify in a proceeding concerning acts of sex offenses or incest

Answer 18

FOURTEEN (14) YEARS

Question 19

343.2. Rules of evidence; corroboration of accomplice testimony.*

A respondent (MAY/MAY NOT) be found delinquent SOLELY upon the testimony of an __________ that is not corroborated.

There (MAY/ MUST) be corroborating evidence which links the respondent to the crime.

Answer 19

MAY NOT…. accomplice…. MUST

Question 20

343.3 “Identification by means of previous recognition in absence of present identification.

Paragraph 1:

• Topic sentence: This paragraph defines the circumstances under which a witness may testify about an identification made in the absence of present identification.

Supporting points:

• The witness must have observed the person they are identifying at the time and place of the crime, or on some other occasion relevant to the case.
• The witness must have observed the person they are identifying on a subsequent occasion, under circumstances consistent with the rights of the accused.
  The witness must be unable to state, on the basis of present recollection, whether or not the person they are identifying is the person in question.
• It must be established that the person the witness is identifying is in fact the person who committed the crime.

Paragraph 2:

• Topic sentence: This paragraph states that, if the conditions in paragraph 1 are met, the witness may testify that the person they identified is the same person who committed the crime.
• Supporting points: The testimony of the witness, together with the evidence that the person they identified is in fact the person who committed the crime, constitutes evidence in chief.
• The term “blind or blinded procedure” refers to a method of identification in which the public servant administering the array is not told which person in the array is the suspect. This is done to prevent the witness from being influenced by the order of the array or by any other factors that might bias their identification.
• The failure of a public servant to follow a blind or blinded procedure may result in the preclusion of testimony regarding the identification procedure as evidence in chief. However, this does not mean that the evidence is inadmissible

Subtopic 1: Conditions for admissibility

• The witness must have observed the person they are identifying at the time and place of the crime, or on some other occasion relevant to the case.
• The witness must have observed the person they are identifying on a subsequent occasion, under circumstances consistent with the rights of the accused.
• The witness must be unable to state, on the basis of present recollection, whether or not the person they are identifying is the person in question.
• It must be established that the person the witness is identifying is in fact the person who committed the crime.

Subtopic 2: Admissible evidence

• The testimony of the witness, together with the evidence that the person they identified is in fact the person who committed the crime, constitutes evidence in chief.]

Answer 20

Paragraph 1:
Topic sentence: This paragraph defines the circumstances under which a witness may testify about an identification made in the absence of present identification.
Supporting points:
The witness must have observed the person they are identifying at the time and place of the crime, or on some other occasion relevant to the case.
The witness must have observed the person they are identifying on a subsequent occasion, under circumstances consistent with the rights of the accused.
The witness must be unable to state, on the basis of present recollection, whether or not the person they are identifying is the person in question.
It must be established that the person the witness is identifying is in fact the person who committed the crime.

Paragraph 2:

Topic sentence: This paragraph states that, if the conditions in paragraph 1 are met, the witness may testify that the person they identified is the same person who committed the crime.

Supporting points:
The testimony of the witness, together with the evidence that the person they identified is in fact the person who committed the crime, constitutes evidence in chief.

The term “blind or blinded procedure” refers to a method of identification in which the public servant administering the array is not told which person in the array is the suspect. This is done to prevent the witness from being influenced by the order of the array or by any other factors that might bias their identification.

The failure of a public servant to follow a blind or blinded procedure may result in the preclusion of testimony regarding the identification procedure as evidence in chief. However, this does not mean that the evidence is inadmissible

Subtopic 1: Conditions for admissibility

The witness must have observed the person they are identifying at the time and place of the crime, or on some other occasion relevant to the case.
The witness must have observed the person they are identifying on a subsequent occasion, under circumstances consistent with the rights of the accused.
The witness must be unable to state, on the basis of present recollection, whether or not the person they are identifying is the person in question.
It must be established that the person the witness is identifying is in fact the person who committed the crime.

Subtopic 2: Admissible evidence

The testimony of the witness, together with the evidence that the person they identified is in fact the person who committed the crime, constitutes evidence in chief.]

Question 21

§ 343.4. Rules of evidence; identification by means of previous recognition, in addition to present identification.

[BARD:

• In a juvenile delinquency proceeding, a witness who testifies that they saw the person who is accused of the crime either at the time of the crime or on another occasion related to the case, and
• The witness can identify the person as the person who committed the crime based on their current memory, and
• The witness saw the person again on a later occasion, or saw a lineup of people that included the person, and was able to identify the person as the person who committed the crime,
• Then the witness can testify about their previous identification of the person and that the person they saw on the later occasion or in the lineup is the same person who committed the crime:
• Such testimony and such pictorial, photographic, electronic, filmed or video recorded reproduction constitutes evidence in chief

Answer 21

[BARD:
In a juvenile delinquency proceeding, a witness who testifies that they saw the person who is accused of the crime either at the time of the crime or on another occasion related to the case, and
The witness can identify the person as the person who committed the crime based on their current memory, and
The witness saw the person again on a later occasion, or saw a lineup of people that included the person, and was able to identify the person as the person who committed the crime,
Then the witness can testify about their previous identification of the person and that the person they saw on the later occasion or in the lineup is the same person who committed the crime.
Such testimony and such pictorial, photographic, electronic, filmed or video recorded reproduction constitutes evidence in chief

Question 22

§ 343.5. Rules of evidence; impeachment of own witness by proof of prior contradictory statement.

[Bard
Paragraph 1

• When a witness called by a party gives testimony that tends to disprove the position of the party, the party may introduce evidence that the witness has previously made a contradictory statement.
• • The contradictory statement can be either a written statement signed by the witness or an oral statement under oath.
• • The contradictory statement can be introduced for the purpose of impeaching the credibility of the witness.

Paragraph 2

• Evidence of a prior contradictory statement is only admissible for the purpose of impeaching the credibility of the witness.
• • Evidence of a prior contradictory statement cannot be used as evidence in chief.

Paragraph 3

• When a witness has made a prior contradictory statement, but the witness’s testimony does not tend to disprove the position of the party who called the witness, evidence of the prior contradictory statement is not admissible.
• • The party who called the witness cannot use the prior contradictory statement to refresh the witness’s recollection in a manner that discloses its contents to the court.]

Answer 22

[Bard
Paragraph 1
When a witness called by a party gives testimony that tends to disprove the position of the party, the party may introduce evidence that the witness has previously made a contradictory statement.

The contradictory statement can be either a written statement signed by the witness or an oral statement under oath.
The contradictory statement can be introduced for the purpose of impeaching the credibility of the witness.

Paragraph 2
Evidence of a prior contradictory statement is only admissible for the purpose of impeaching the credibility of the witness.
Evidence of a prior contradictory statement cannot be used as evidence in chief.

Paragraph 3
When a witness has made a prior contradictory statement, but the witness’s testimony does not tend to disprove the position of the party who called the witness, evidence of the prior contradictory statement is not admissible.

The party who called the witness cannot use the prior contradictory statement to refresh the witness’s recollection in a manner that discloses its contents to the court.]

Question 23

§ 344.1. Rules of evidence; proof of previous conviction or delinquency finding.

• If a witness in a juvenile delinquency proceeding is asked if they have been convicted of a crime and they answer no or in a way that is unclear, the other party can prove that they have been convicted.
• If a respondent in a juvenile delinquency proceeding tries to show that they have good character by calling a witness, the presentment agency can prove any previous findings of delinquency that would contradict the witness’ testimony.

Answer 23

Paragraph 1
Introduction: If a witness in a juvenile delinquency proceeding is asked if they have been convicted of a crime and they answer no or in a way that is unclear, the other party can prove that they have been convicted.

Body: This is also true if the witness is asked if they have ever been convicted of any crime and they answer no or in a way that is unclear.

Conclusion: The other party can prove that the witness has been convicted of a crime even if the witness denies it.

Paragraph 2
Introduction: If a respondent in a juvenile delinquency proceeding tries to show that they have good character by calling a witness, the presentment agency can prove any previous findings of delinquency that would contradict the witness’ testimony.

Body: The presentment agency can prove any previous findings of delinquency that would contradict the witness’ testimony.

Conclusion: The presentment agency can use this evidence to show that the respondent does not have good character.

Question 24

§ 344.2. Rules of evidence; statements of respondent; corroboration.

[BARD
1. A juvenile’s _______________ cannot be used as evidence in a delinquency proceeding if it was obtained ___________.

2. A confession is considered involuntary if it was obtained through:

• • Physical force or threats of physical force
• • Improper conduct or undue pressure that impaired the juvenile’s ability to make a choice about whether to confess
• • A promise or statement of fact that created a substantial risk that the juvenile would falsely incriminate himself
• • A violation of the juvenile’s constitutional rights
• • A violation of section 305.2 of the law, which details a peace officer or police officer detaining a juvenile without a warrant

3. If a juvenile is interrogated by a public servant at a facility specified in section 305.2, the entire interrogation must be recorded.

• The recording must be clear and identify the people involved.
• A copy of the recording must be made available to the juvenile and his lawyer.

4. A juvenile cannot be found delinquent based solely on his confession. There must also be other evidence that the crime was committed.]

Answer 24

confession…………. involuntarily

Question 25

§ 344.3. Rules of evidence; psychiatric testimony in certain cases.

Psychiatric Testimony - Sec. 344.3, this section permits the psychiatrist or licensed psychologist to make certain statements whenever testifying in connection with the respondent’s defense of mental disease or defect.

[BARD
When a psychiatrist or licensed psychologist testifies at a fact-finding hearing concerning a respondent’s mental condition at the time of a crime, they must be permitted to:

• State the nature of the examination
• Provide a diagnosis of the respondent’s mental condition
• Offer an opinion on the extent to which the respondent’s capacity to know or appreciate the nature and consequences of their conduct, or its wrongfulness, was impaired as a result of mental disease or defect
• The psychiatrist or psychologist must also be permitted to clarify their diagnosis and opinion, and may be cross-examined on any matter bearing on their competency, credibility, or the validity of their diagnosis or opinion.]

Answer 25

[BARD
When a psychiatrist or licensed psychologist testifies at a fact-finding hearing concerning a respondent’s mental condition at the time of a crime, they must be permitted to:
-State the nature of the examination
-Provide a diagnosis of the respondent’s mental condition
-Offer an opinion on the extent to which the respondent’s capacity to know or appreciate the nature and consequences of their conduct, or its wrongfulness, was impaired as a result of mental disease or defect
The psychiatrist or psychologist must also be permitted to clarify their diagnosis and opinion, and may be cross-examined on any matter bearing on their competency, credibility, or the validity of their diagnosis or opinion.]

Question 26

344.4. Rules of evidence; admissibility of evidence of victim’s sexual conduct in sex offense cases.

Victim’s Sexual Conduct in Sex Offense Cases - Sec. 344.4, evidence of the victim’s sexual conduct is generally ____________

The FCA states five circumstances under which the evidence may be admitted.

Evidence of a victim’s sexual conduct shall not be admissible in a juvenile delinquency proceeding for a crime or an attempt to commit a sex offense crime unless such evidence:

1. proves or tends to prove specific instances of the victim’s prior sexual conduct with the accused; or
2. proves or tends to prove that the victim has been convicted of a prostitution within three years prior to the sex offense which is the subject of the juvenile delinquency proceeding; or
3. rebuts evidence introduced by the presentment agency of the victim’s failure to engage in sexual intercourse, oral sexual conduct, anal sexual conduct or sexual contact during a given period of time; or
4. rebuts evidence introduced by the presentment agency which proves or tends to prove that the accused is the cause of pregnancy or disease of the victim, or the source of semen found in the victim; or
5. is determined by the court after an offer of proof by the accused, or such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination, to be relevant and admissible in the interests of justice.

Answer 26

INADMISSABLE.

Question 27

345.1. Orders.

If the allegations of the petition are established, the court shall enter a fact finding order and schedule a dispositional hearing

The fact finding order must specify the specific criminal acts committed and whether they are __________

Answer 27

DESIGNATED FELONY ACTS

Question 28

345.1. Orders.

If the allegations of the petition are not established, the court shall enter an order _________ the petition

Answer 28

dismissing

Question 29

(KNOW THIS) 346.1- ORDERS
**A fact finding hearing (IS/IS NOT) necessary if the petition before the court stemmed from an order of ________ from the criminal court **

Answer 29

IS NOT….. Removal

Question 30

347.1- Required testing of the respondent in certain proceedings-

In any proceeding where the respondent is found to have committed a Sexual Felony Offense for which the act of oral, anal or general sexual intercourse, the court must upon request of the _____ order the respondent to submit to HIV related testing.

Test results shall not be disclosed to the court, but shall be communicated to the ____________ AND ___________

Any such request made by the victim must be in writing and made within ___________ after the filing of the fact finding order

Answer 30

Victim …. respondent and the victim…….. TEN (10) DAYS

Question 31

350.1. Time of dispositional hearing.

If the respondent is detained and has NOT been found to have committed a designated felony act, the dispositional hearing shall commence not more than ___________ after the entry of the fact finding order

Answer 31

TEN (10) DAYS

Question 32

350.1. Time of dispositional hearing.

In all cases which includes detained upon a designated felony act or not detained at all, the dispositional hearing shall commence not more than __________ from the entry of the fact finding order

Answer 32

FIFTY (50) DAYS

Question 33

350.1. Time of dispositional hearing.

If the respondent has been found to have committed solely a __________ , the respondent SHALL NOT be detained pending disposition.

Answer 33

VIOLATION

Question 34

350.1. Time of dispositional hearing.

The court may adjourn the dispositional hearing on its own motion or on motion of the presentment agency for up to _________ or on motion of the respondent for up to ___________

Answer 34

TEN (10) DAYS…….. THIRTY (30) DAYS

Question 35

350.1. Time of dispositional hearing.

The court may not grant successive adjournments of the dispositional hearing. unless __________ exist.

Answer 35

special circumstances

Question 36

350.2- Order of removal*

The date of the filing of an order of removal from criminal court (CPL 725) shall be considered the __________ of the proceeding in family court.

The clerk of the court (yes, you!) shall calendar an appearance to be held within ________ of the date of the order, at such appearance a dispositional hearing will be scheduled

Answer 36

date of filing …….. SEVEN (7) DAYS

Question 37

350.3 Dispositional hearings; evidence and required quantum of proof - appearance of presentment agency

The presentment agency (SHALL/MAY) appear at the dispositional hearing

Answer 37

SHALL

Question 38

350.3 Dispositional hearings; evidence and required quantum of proof - appearance of presentment agency

Only evidence that is ____________ may be admitted during the dispositional hearing, and the adjudication at the conclusion of the hearing based on a PREPONDERANCE OF THE EVIDENCE

Answer 38

MATERIAL AND RELEVANT

REMEMBER: it’s “MR POE” (at the dispo)

Question 39

350.3 Dispositional hearings; evidence and required quantum of proof - appearance of presentment agency

Only evidence that is MATERIAL AND RELEVANT may be admitted during the dispositional hearing, and the adjudication at the conclusion of the hearing based on a _________________

Answer 39

PREPONDERANCE OF THE EVIDENCE

REMEMBER: it’s “MR POE” (at the dispo)

Question 40

350.3 Dispositional hearings; evidence and required quantum of proof - appearance of presentment agency

The victim has the right to make a statement with regard to any matter relevant to the question of disposition.

If the victim chooses to make a statement, they shall notify the court at least ____________ prior to the date of the dispositional hearing.

The court shall notify the respondent at least __________ prior to the dispositional hearing of the victim’s intent to make a statement.

The victim shall not be made aware of the final disposition of the case.

Answer 40

TEN (10) DAYS……….. SEVEN (7) DAYS

Question 41

350.4- Order of procedure- DISPOSITIONAL HEARING

The order of the dispositional hearing shall be as follows:

1. The court with the consent of the parties may direct the probation service to summarize a report
2. The court may call witnesses who are available for cross examination
3. The presentment agency may call witnesses
4. The respondent may call witnesses
5. The court may permit rebuttal or surrebuttal evidence
6. The presentment agency may deliver a statement concerning dispositional
   alternatives
7. The respondent may deliver a similar statement
8. The court shall then permit rebuttal statements
9. The court shall then consider the case and enter a dispositional order

Answer 41

350.4- Order of procedure- DISPOSITIONAL HEARING

The order of the dispositional hearing shall be as follows:

1.The court with the consent of the parties may direct the probations service to
summarize a report
2.The court may call witnesses who are available for cross examination
3.The presentment agency may call witnesses
4.The respondent may call witnesses
5. The court may permit rebuttal or surrebuttal evidence
6. The presentment agency may deliver a statement concerning dispositional
alternatives
7. The respondent may deliver a similar statement
8. The court shall then permit rebuttal statements
9. The court shall then consider the case and enter a dispositional order

Question 42

351.1 - PROBATION REPORTS

Following a determination that a respondent committed a designated felony act and prior to the dispositional hearing, the judge shall order:
1. A probation investigation (AND SHALL ORDER/AND MAY ORDER)
2. A diagnostic assessment (psychological tests)

Answer 42

AND SHALL ORDER

Question 43

351.1 - PROBATION REPORTS

Following a determination that a respondent committed a crime OTHER THAN a designated felony, prior to the dispositional hearing, the judge shall order:

1. A probation investigation (AND SHALL ORDER/AND MAY ORDER)
2. a diagnostic assessment (psychological tests)

Answer 43

AND MAY ORDER

Question 44

351.1 - PROBATION REPORTS

Diagnostic Assessment - must include psychological tests and psychiatric interviews.

Answer 44

Diagnostic Assessment - must include psychological tests and psychiatric interviews.

Question 45

351.1 - PROBATION REPORTS

The court CANNOT issue an order of placement in the custody of a suitable relative, in his own home, with the commissioner of social services, or with the office of children and family services (OCFS) unless it has ordered a ________ prior to the dispositional hearing.

Answer 45

CANNOT…. probation investigation

Question 46

351.1 - PROBATION REPORTS

The court CANNOT issue an order of placement with the division for youth or the local commissioner for social services for the appropriate periods and care as provided by statute if it finds the respondent has a mental illness, intellectual or developmental disability which is likely to result in serious harm to himself and others unless a ____________ has been ordered.

Answer 46

…. diagnostic assessment

Question 47

351.1 - PROBATION REPORTS

(a) Probation Investigation - must include prior conduct of the respondent, the family situation, any previous psychological and psychiatric reports, school adjustment, previous social assistance provided by voluntary or public agencies and the response by the juvenile of such assistance.

• Additionally, the investigation must include a ______________ where such information might be relevant to the court.
• All reports and assessments shall be made available for inspection and copying by the presentment agency as well as the respondent at least ____________ prior to the commencement of the dispositional hearing

Answer 47

“victim impact statement” ………………. FIVE (5) COURT DAYS

Question 48

351.1 - PROBATION REPORTS

{All reports or memoranda prepared or obtained by the probation service for the purpose of a dispositional hearing shall be deemed ______________ furnished to the court and shall be subject to disclosure solely in accordance with this section or as otherwise provided for by law.}

Answer 48

confidential information

Question 49

351.1 - PROBATION REPORTS

• The probation services, which prepare the investigation reports, shall be responsible for the collection and transmission to the office of probation and correctional alternatives, of data on the number of _____________________ prepared.
• Such information shall be transmitted annually to the ___________ and included in the office’s biennial report.

Answer 49

victim impact statements ……… office of victim services

Question 50

If upon the conclusion of the dispositional hearing the court finds the respondent requires ____________, __________, or __________ the court shall enter a finding that such respondent is a juvenile delinquent and order the appropriate disposition

If no such finding is found the petition shall be ____________

Answer 50

supervision, treatment or confinement……… dismissed