FCA Article 2

Question 1

FCA 212 Generally, rules of FC are statewide and are prepared by _______.

Answer 1

prepared by:
the administrative board of the judicial conference

Question 2

FCA 214 The ______ establishes statewide forms (such as petitions, summons, warrants, subpoenas, undertakings, and other order authorized under the FCA)

Answer 2

The:
state administrator

Question 3

FCA 231 A child within court’s jurisdiction who appears to be mentally retarded may be ordered by court to be examined as provided in _______

Answer 3

examined as provided in:
MENTAL HYGIENE LAW

Question 4

FCA 248 if legal representation is not available to a minor, the FC must appoint one in the following proceedings: Articles___ (6 articles)

Answer 4

Articles 3, 7, 10, 10-a, 10-b, 10-c

Question 5

FCA 248 T/F?
Respondent is NOT permitted to waive right to be represented by counsel in proceeding to continue placement of a JD or PINS (FCA 756, 353.3) or to continue commitment to custody of commissioner of mental health or mental retardation and developmental disabilities (FCA 322.2)

Answer 5

True

Question 6

FCA 217 The court shall file or direct the filing of a FC order within ___ days of the decision of the court, OR within ___ days of settlement of the order on notice.

Answer 6

20 days……….20 days

Question 7

FCA 262 T/F?
Petitioner and respondent in FCA 10 (child protective) proceeding are always entitled to free counsel if indigent.

Answer 7

False.
Only a respondent is so entitled (unless it is a proceeding under article 10, part 8 {visitation of minors in foster care}, in which case a petitioner is so entitled)

Question 8

FCA 262 T/F?
A petitioner and respondent, if indigent, are entitled to free counsel in an article 8 (family offenses) proceeding

Answer 8

True
If indigent, both are entitled to free counsel in an article 8 (family offenses) proceeding

Question 9

FCA 262 T/F?
A petitioner, if indigent, is entitled to free counsel in an article 5 (paternity) proceeding

Answer 9

False
Only a respondent is so entitled

Question 10

FCA 262 T/F?
Implementation of orders assigning counsel shall be as provided in article 18B of county Law

Answer 10

True

Question 11

FCA 216-B T/F?
Clerk of FC shall use discretion in giving out petition forms to persons requesting them.

Answer 11

False
Clerk MUST give forms to all that request them

Question 12

FCA 216-C T/F?
Any person assisting in the preparation of a FC petition shall exclude irrational allegations presented by the petitioner.

Answer 12

False
All allegations must be included

Question 13

FCA 216-C (B) T/F?
Generally, no clerk or probation officer may prevent any person who wishes to file a petition from having such petition filed with the court immediately

Answer 13

True

Question 14

FCA 216-C (C) T/F?
If there is a question regarding whether or not the FC has jurisdiction, the clerk shall not assist in the preparation of a petition

Answer 14

False
Clerk MUST assist, even if there is a question regarding jurisdiction

Question 15

FCA 217 FC orders must be filed where?

Answer 15

FC orders must be filed with clerk of FC in county of court making order

Question 16

FCA 249 Which of the following is not correct? If legal representation is not available to a minor, the FC must appoint one in the following proceedings:

a. Articles 1, 2, 3, 7, 10, 10-a, 10-b, 10-c
b. where revocation of adoption consent is
opposed (115-b of domestic relations
law)
c. proceeding under 358-a, 383-c, 384, 384-b of social services law
d. where minor is sought to be placed in protective custoday

Answer 16

A.
This should read “Articles 3, 7, 10, 10-a, 10-b, 10-c” (articles 1 & 2 are not included)

Question 17

Which of the following two statements are correct? Generally, the clerk of the FC must not use discretion and common sense in giving out petition forms to persons requesting them:

1. in family offense proceedings
2. in support proceedings.
   a. only 1 is correct
   b. only 2 is correct
   c. both 1 & 2 are correct
   d. neither 1 nor 2 are correct

Answer 17

C.
petition forms MUST be given out freely in family offense proceedings and support proceedings

Question 18

FCA 216-c Any court employee assisting a petitioner who is not represented by counsel must:

a. use discretion in listing the allegations of
the petitioner
b. list only those allegations which do not
charge a criminal offense
c. list all allegations, even if the person
seems intoxicated
d. list only those allegations which can
reasonably be verified

Answer 18

C.
list all allegations, even if the person seems intoxicated (no matter what, list all)

Question 19

FCA 217 Which of the following statements relating to FC orders is false?

a. To be effective, an order must be signed
with the judge’s signature or initials
b. The original of a FC order is filed with the
county court
c. A FC order shall be in writing
d. The court shall file or direct the filing of
such order

Answer 19

B.
The original of a FC order MUST be filed with clerk of the FC IN COUNTY WHERE FC MAKING SUCH ORDER IS LOCATED

Question 20

FCA 262 Which of the following persons does NOT have the right to free counsel if unable to afford counsel?
a Respondent in an article 10 child
protective proceeding
b. Petitioner or respondent (article 8 family
offenses proceeding)
c. Parent of child seeking custody (384-a)
d. Petitioner in an article 5 paternity
proceeding

Answer 20

D.
Petitioner in an article 5 (paternity) proceeding

Question 21

FCA 262 Which of the following does NOT have the right to free counsel if unable to afford counsel?

a. person liable to be punished for
contempt
b. parent of child who opposes adoption
c. respondent in article 5 (paternity) relating
to establishment of paternity
d. respondent in article 4 (support) relating
to support

Answer 21

D.
in article 4 proceeding relating to support. The court on its own motion may get counsel for the Petitioner.

Question 22

FCA 217 Where a FC judge does NOT specify the manner in which an order must be served, the order must be served as per the applicable provision of the :

a. CPL
b. SCPA
c. RPAPL
d. CPLR

Answer 22

D:
CPLR

Question 23

FCA 212 Who prepares the rules of court for the FC?
a. Chief Judge of the court of appeals
b. each appellate division
c. the State Administrator
d. administrative board of judicial
conference

Answer 23

D.
administrative board of judicial conference

Question 24

FCA 217 The court must file or direct the filing of a FC order within ___ days of the court’s decision or ___ days of settlement of the order on notice.
a. 20, 20
b. 30, 30
c. 45, 45
d. 60, 60

Answer 24

A.
within 20 days of the court’s decision or 20 days of settlement

Question 25

FCA 262 Which of the following are entitled to free counsel if indigent:

1. a respondent in a family offense
   proceeding
2. a petitioner in an article 8 family offense
   proceeding
3. a petitioner in an article 5 paternity
   a. 1 only
   b. 1 & 2 only
   c. 2 & 3 only
   d. 1, 2 & 3

Answer 25

B.
A petitioner in an Article 5 proceeding (paternity) is not entitled to free counsel

Question 26

FCA 249 If legal representation is not available to a minor, the FC must appoint one in the following proceedings:
1. Articles 3, 7, 10, 10-a
2 where revocation of adoption consent is
opposed (115-b of domestic relations law)
3. proceeding under 358-a, 383-c, 384, 384-
b of social services law
4. where minor is sought to be placed in
protective custody (FCA 158)
a. 1 & 2 only
b. 1, 2, & 3 only
c. 1, 2, & 4 only
d. 1, 2, 3 & 4

Answer 26

D.
All proceedings listed

Question 27

FCA 214 FC forms, such as those for warrants, subpoenas, petitions, summonses, etc. are promulgated by:

a. the state administrator and used
statewide
b. the Chief Judge of the court of appeals
and used only in cities (population over
one million)
c. each appellate division and used only in
that district
d. the estate administrator and used
statewide

Answer 27

A.
The state administrator and used statewide