FCA Article 1

Question 1

FCA 113 In which counties of NYS is family court established?

Answer 1

FCA 113 The family court is established in each of the 62 counties of New York State.

Question 2

FCA 114 T/F? The jurisdiction of the family court limits the jurisdiction of the Supreme Court as set forth in the NYS constitution.

Answer 2

FCA 114 False. The jurisdiction of the family court does NOT limit or impair the jurisdiction of the Supreme Court as set forth in the NYS constitution.

Question 3

FCA 115 T/F? The family court has exclusive original jurisdiction over abuse and neglect proceedings.

Answer 3

FCA 115 True. The family court has exclusive original jurisdiction over abuse and neglect proceedings.

Question 4

FCA 115 Does the family court have any powers in habeas corpus proceedings?

Answer 4

FCA 115 Yes, the family court has powers in habeas corpus proceedings.

Question 5

FCA 115 T/F? The family court does NOT have exclusive original jurisdiction over juvenile delinquency proceedings.

Answer 5

FCA 115 False. The family court does have exclusive original jurisdiction over juvenile delinquency proceedings.

Question 6

FCA 152 T/F? FC judge may dispense with formality of placing a minor under oath.

Answer 6

FCA 152 True. FC judge may dispense with formality of placing a minor under oath.

Question 7

FCA 153-a When may a FC warrant of arrest be executed?

Answer 7

FCA 153-a A family court warrant may be executed any day of week, any hour of day or night.

Question 8

FCA 154-b A counterclaim in a proceeding requesting an OP, must be filed ___ days before hearing for the counterclaim to be heard on the hearing date.

Answer 8

FCA 154-b 5 Days

Question 9

FCA 154-d If a LCC issued an OP returnable in FC, the matter must be returnable the next day FC is in session (but in no event more than ___ calendar days after the issuance of the order).

Answer 9

FCA 154-d 4 calendar

Question 10

FCA 155 If an adult is arrested under FC act and court is not in session, adult must be taken to _____________________.

Answer 10

FCA 155 the most accessible magistrate to be arraigned.

Question 11

FCA 158 Protective custody of material witness under 16 cannot extend more than ____ days without renewal.

Answer 11

FCA 158 14 days

Question 12

FCA 158 The maximum period (including extensions) of custody of a material witness under 16 is ___ days.

Answer 12

FCA 158 42 days

Question 13

FCA 171 T/F? A FC order may be enforced only in county where order was made.

Answer 13

FCA 171 False. A family court order may be enforced or modified in FC in any county where party affected by order resides or is found.

Question 14

FCA 174 T/F? FC of one county must dismiss proceeding if venue is wrong.

Answer 14

FCA 174 False. The FC SHALL transfer a proceeding laying venue in a wrong county to the FC in any county where the proceeding might have been originated.

Question 15

FCA 175 Violation of probation proceeding may be heard in county where order was made or ______________.

Answer 15

FCA 175 county where violation occurs.

Question 16

FCA 117 In which counties is a child abuse part established?

Answer 16

FCA 117 In every county of NYS.

Question 17

FCA 115 T/F? The FC has exclusive original jurisdiction over family offenses.

Answer 17

FCA 115 False. The family court has concurrent jurisdiction with criminal court over all family offenses as defined in Article 8 of the Family Court Act.

Question 18

FCA 117 Designated felony parts are established in which counties?

Answer 18

FCA 117 In the 5 NYC counties.

Question 19

FCA 119 T/F? A “duly authorized agency” may be a foreign corporation that has a place of business in NYS.

Answer 19

FCA 119 False. A “duly authorized association, agency, society or institution” means:
1. an incorporated (NYS) society for the prevention of cruelty to children, or
2. any institution supported or controlled by NYS or subdivision, or
3. any public welfare official of NYS, or
4. a association, agency, society, or institution empowered to care for children WHICH:
1. is incorporated by NYS law, and
2. has place of business or home in NYS, and
3. Is approved, visited, inspected and supervised
by NYS Dept. of social services, or consents to
approval, visitation, inspection, and supervision
of the department.

Question 20

FCA 119 An “infant” or “minor” is a person who had not attained the age of ____.

Answer 20

FCA 119 not attained the age of 18.

Question 21

FCA 152 A Family Court judge may:
   1. Administer oaths, and
   2. take acknowledgements, and
   3. designate an official to administer oaths and 
       take acknowledgements, and
   4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Answer 21

FCA 152 4. Dispense with the formality of placing a minor under oath.

Question 22

FCA 153-c A person requesting a TOP is entitled to file petition on the same day, and a hearing on the request shall be held the same day or _________________.

Answer 22

FCA 153-c next day the court is in session.

Question 23

FCA 154-a In every FC proceeding a copy of the petition must be served on respondent at time of service of process or, it that is not practicable, at the _____________ of respondent.

Answer 23

FCA 154-a first court appearance of respondent.

Question 24

FCA 166 T/F? Family court records are open to the public.

Answer 24

FCA 166 False. Family court records shall NOT be open to public inspection. However, court may permit inspection of any papers or records. Any authorized agency, association, society or institution to which a child is committed may cause an inspection of record of investigation and may in discretion of court obtain a copy.