FCA Article 2 Flashcards
FCA 212 Generally, rules of FC are statewide and are prepared by _________.
FCA 212 the administrative board of the judicial conference.
FCA 214 The _________ establishes statewide forms (such as petitions, summons, warrants, subpoenas, undertakings, and orders authorized under the FCA).
FCA 214 state administrator
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 _____________.
FCA 231 mental hygiene law
FCA 248 If legal representation is not available to a minor, the FC must appoint one in the following proceedings: Articles ___, ___, ___, ___, ___, ___.
FCA 248 Articles 3, 7, 10, 10-A, 10-B, 10-C
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).
FCA 248 True.
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.
FCA 217 20 days / 20 days
FCA 262 T/F? Petitioner and respondent in FCA 10 proceeding are always entitled to free counsel if indigent.
FCA 262 False. Only a respondent is so entitled (unless it is a proceeding under article 10, part 8, in which case a petitioner is so entitled).
FCA 262 T/F? A petitioner and respondent, if indigent, are entitled to free counsel in an article 8 proceeding.
FCA 262 True
FCA 262 T/F? A petitioner, if indigent, is entitled to free counsel in an article 5 proceeding.
FCA 262 False. Only a respondent is so entitled.
FCA 262 T/F? Implementation of orders assigning counsel shall be as provided in article 18B of County Law.
FCA 262 True.
FCA 216-b T/F? Clerk of FC shall use discretion in giving out petition forms to persons requesting them.
FCA 216-b False. Clerk must give forms to all that request them.
FCA 216-c T/F? Any person assisting in the preparation of a FC petition shall exclude irrational allegations presented by the petitioner.
FCA 216-c False. All allegations must be included.
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.
FCA 216-c True.
FCA 216-c (c) T/F? If there is a question whether or not the FC has jurisdiction, the clerk shall not assist in the preparation of a petition.
FCA 216-c (c) False. Clerk must assist, even if there is a question regarding jurisdiction.
FCA 217 FC orders must be filed where?
FCA 217 with clerk of FC in county of court making order.
