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FCA > FCA Article 3 > Flashcards

FCA Article 3 Flashcards

1
Q

FCA 301.2 _______ is the agency or authority responsible for presenting a JD petition. (In NYC the agency is the corporation counsel of Assistant DA)

A

Presentment Agency is the agency……

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2
Q

FCA 302.1 In determining the jurisdiction of the court the age of such person at the time that ___ is controlling

A

at the time that: THE DELINQUENT ACT ALLEGEDLY OCCURRED is controlling

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3
Q

FCA 303.1 Generally, the provisions of the CPL (shall/shall not?) apply to proceedings under this article.

A

SHALL NOT (unless the applicability of such sections are specifically prescribed by the FCA).

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4
Q

FCA 304.2 T/F?
The court may issue a temporary order of protection only after motion on notice to the alleged JD.

A

False.
The court may issue a temporary order of protection ex parte (without notice to the alleged JD)

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5
Q

FCA 311.4 At any time during the proceeding, the court may, upon motion of a respondent or its own motion and with the consent of the presentment agency substitute the JD petition by a ____ petition.

A

agency substitute the petition by a PERSON IN NEED OF SUPERVISION (PINS) petition.

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6
Q

FCA 307.1 After issuance of an appearance ticket for a ___ (type of offense), the appearance time is within no later than 72 hours (excluding Sat., Sun., holidays) after issuance

A

for a: DESIGNATED FELONY, the appearance time……

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7
Q

FCA 307.1 After issuance of an appearance ticket for ___ (type of offense), the appearance time is within no later than 14 days after issuance.

A

ticket for: OTHER THAN A DESIGNATED FELONY the appearance time…..

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8
Q

FCA 310.1 Who can originate a JD proceeding?

A

Only a PRESENTMENT AGENCY can originate a JD proceeding.

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9
Q

FCA 312.1 JD summons and petition must be served at least ___ before the hearing.

A

must be served at least 24 HOURS before the hearing

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10
Q

FCA 320.2 If respondent is detained, initial appearance must be no later than 72 hrs after filing petition, or ______

A

after filing petition, or: NEXT DAY COURT IS IN SESSION, WHICHEVER IS SOONER

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11
Q

FCA 320.2 If respondent is not detained, initial appearance must be not later than _______ after petition is filed.

A

not later than: 10 DAYS after petition….

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12
Q

FCA 320.2 At the initial appearance the court (may/must?) appoint an attorney to represent the respondent if independent legal representation is not available to the respondent

A

the court MUST appoint an attorney…..

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13
Q

FCA 342.2 At fact-finding hearing (JD) evidence must be:

A

evidence must be: (CRAM)
Competent
Relevant
And
Material CRAM

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14
Q

FCA 342.2 Evidentiary standard at fact-finding hearing (JD) is ___.

A

act-finding hearing (JD) is: PROOF BEYOND A REASONABLE DOUBT

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15
Q

FCA 350.1 If respondent is detained and not been found to have committed a designated felony, dispositional hearing must be held not more than ___ days after entry of fact-finding order

A

not more than: 10 DAYS after entry of fact-finding order

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16
Q

CA 350.3 Dispositional hearing (JD) evidence and evidentiary standard are:

A

evidence and evidentiary standard are: EVIDENCE (MATERIAL AND RELEVANT) AND EVIDENTIARY (PREPONDERANCE OF THE EVIDENCE)

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17
Q

FCA 353.1 JD conditional discharge maximum period is ___.

A

maximum period is: 1 YEAR

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18
Q

FCA 353,2 JD maximum probation is ___,

A

max probation is: 2 YEARS (CAN BE EXTENDED FOR 1 MORE YR).

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19
Q

FCA 353.3 Maximum period of placement for JD is :
felony _____ and for a
misdemeanor _____,

A

JD is:
felony 18 MONTHS and for a
misdemeanor 12 MONTHS

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20
Q

FCA 353,5 Restrictive placement (designated class A felony) shall be for a period of ___ years.

A

for a period of: 5 YEARS (AND INITIALLY CONFINED IN A SECURE FACILITY FOR 12-18 MONTHS).

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21
Q

FCA 353.6 Maximum JD restitution is ___.

A

maximum JD restitution is: $1,500

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22
Q

FCA 322.1 T/F?
At any proceeding under this article, the court must issue an order that the respondent be examined (by 2 qualified psychiatric examiners) when it is of the opinion that there is probable cause to believe that he is an incapacitated person.

A

True

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23
Q

FCA 332.2 Generally, all pre-trial motions shall be filed within ___ days after initial appearance and before fact-finding hearing commences (or within 30 days of initial appearance of attorney for respondent).

A

all pre-trial motions shall be filed within: 30 DAYS….

24
Q

FCA341.1 T/F?
The general public may be excluded (at the discretion of the judge) from any proceeding under this article.

A

True

25
Q

FCA 343.1 Unless the court deems otherwise, generally witnesses more than ___ years of age testify under oath. Under ___ years of age testify without takin oath (unless court finds that child understands the oath).

A

witnesses more than: 9 YEARS of age testify…
Under 9 YEARS of age without taking oath…

26
Q

FCA 355.3 A petition for extension of placement shall be filed at least ___ days prior to the expiration of the period of placement, except for good cause shown, but in no event after original placement expiration date.

A

shall be filed at least: 60 DAYS prior to the expiration….

27
Q

FCA 355.5 After a child is placed with the commissioner of social services or office of children and family services for a period of _____ months or more, an initial permanency hearing must be held no later than ____ months after respondent entered foster care

A

family services for a period of: 12 MONTHS or more,…
must be held no later than: 12 MONTHS after respondent entered foster care

28
Q

FCA 355,5 At JD permanency hearing, court must consider and determine in its order, in the case of respondent who has attained the age of ___, if reasonable efforts were made to determine services needed to assist respondent to make transition from foster cate to independent living

A

respondent who has attained the age of: 14,…. if reasonable efforts were made…..

29
Q

FCA 301.2 JD is a person over ___ and less than ___ years of age who committed an act that would be a crime is committed by an adult and is not criminally responsible because of infancy, or who is a defendant in an action removed from the CC, pursuant to CPL 725.

A

a person over: 7 AND LESS THAN 16 YEARS
(memorize complete definition)

30
Q

FCA 301.2 Designated Class A felonies are: murder 1 & 2 degree,
arson 1 degree,
and _______
and _______

A

and:
KIDNAPING 1 DEGREE AND
SEXUALLY MOTIVATED FELONY

31
Q

FCA 302.2 Statute of Limitations for JD misdemeanors is 2 years or up to respondent’s ______ birthday, whichever occurs earlier.

A

up to respondent’s: 18TH BIRTHDAY, whichever occurs earlier

32
Q

FCA 302.2 S/L for JD designated felonies is 5 years or respondent’s ____ birthday, whichever occurs earlier.

A

or respondent’s: 20TH BIRTHDAY

33
Q

FCA 302.3 Venue is JD proceeding is ______

A

Venue in JD proceeding is: COUNTY IN WHICH ACTS ALLEGEDLY OCCURRED

34
Q

FCA 304.1 The detention of a child under ___ years of age in a secure facility shall not be directed under any provisions of the FCA

A

detention of a child under: 10 YEARS of age…….

35
Q

FCA 306.1 Fingerprints of JD must be taken if 11 or older and charged with ____

A

11 or older and charged with: A OR B FELONY (AND IF 13 OR OLDER, CHARGED WITH C, D, OR E FELONY)

36
Q

FCA 306.2 Upon receipt of fingerprint report from DCJS, the receiving office or agency must give 2 copies to FC and 2 copies to ______

A

FC and 2 copies to: PRESENTMENT AGENCY (WHO WILL GIVE 1 COPY TO RESPONDENT OR HIS ATTORNEY)

37
Q

FCA 301.2 Which of the following is not correct? A juvenile delinquent is a person:

a. over 7 and less than 16
b. who committed an offense
c. not criminally responsible for such
conduct by reason of infancy
d. who is the defendant in an action
ordered removed from a criminal court
to family court pursuant to CPL 725

A

B.
The JD must have committed a crime (felony or misdemeanor) and not just any offense. Committing a violation does not qualify a person for JD status.

38
Q

FCA 301.2 Which of the following offenses is not a Class “A” felony act ?

a. murder 1 & 2 degree
b. kidnaping 1 degree
c. arson 1 degree
d. reckless endangerment

A

D.
The Designated Class ”A” Felony Acts (13, 14, and 15) are: murder 1 & 2 degree, kidnaping 1 degree, arson 1 degree, and sexually motivated felony (PL 130.91)

39
Q

FCA 306.1 A JD _____ be fingerprinted if he has committed an A or B felony and he is _____ or older.
a. shall…11
b. may…11
c. shall…7
d. may…10

A

A.
a JD SHALL be fingerprinted if he …and he is 11 or older

40
Q

FCA 350.3 At a JD dispositional hearing the evidentiary standard is:

a. preponderance of the evidence
b. proof beyond a reasonable doubt
c. reasonable evidence
d. fair and reasonable evidence

A

A.
evidentiary standard is PREPONDERANCE OF THE EVIDENCE

41
Q

FCA 312.1 A JD summons and petitions must be served at least _____ before the time stated for appearance.
a. 24 hours
b. 1 day
c. 72 hours
d. 3 days

A

A.
at least 24 HOURS before the time stated..

42
Q

FCA 301.2 A JD may be of the age of :

a. 6
b. 17
c. 13
d. 18

A

C.
Juvenile Delinquent (JD) means a person over & and less than 16 years of age, who, having committed an act that would constitute a crime if committed by and adult,
1. is not criminally responsible for such
conduct by reason of infancy, or
2. is the defendant in an action ordered
removed from a CC to FC pursuant to CPL
725.

43
Q

FCA 353.6 Restitution in a JD proceeding in a maximum amount up to ______ can be ordered by the court.
a. $1,000
b. $3,000
c. $10,000
d. none of the above

A

D.
Restitution in a JD proceeding in a maximum amount up to $1,500 can be ordered.

44
Q

FCA 375.2 A motion to seal a JD file after a finding cannot be made until the respondent has reached his _____ birthday.

A

respondent has reached his: 16th birthday.

45
Q

FCA 301.2 Juvenile Delinquent means a person over 7 and less than 16 years of age, who, having committed an act that would constitute a crime if committed by an adult,

  1. is not criminally responsible for such
    conduct by reason of infancy, or
  2. is the defendant in an action ordered
    removed from a CC to the C pursuant to
    CPL 725
    a. 1 only is correct
    b. 2 only is correct
    c. both 1 & 2 are correct
    d. neither 1 nor 2 are correct
A

C.
Both statements are correct

46
Q

FCA 301.2 A permanency hearing is a hearing to:

1 review faster care status of respondent’s
2. appropriateness of the permanency plan
developed by the commissioner of social
services or the office of children and
family services.
a. only statement 1 is correct
b. only statement 2 is correct
c. both statement 1 & 2 are incorrect
d. both statement 1 & 2 are correct

A

D.
Both statements are correct

47
Q

FCA 301.2 A designated class “A” felony act includes:

a. murder 1 & 2 degree, arson 1 degree
(13,14,15) and kidnaping 1 degree
b. murder 1 & 2 degree and arson 1 degree
(13,14,15) only
c. murder 1 & 2 degree and kidnaping 1
degree only
d. arson 1 degree (13,14,15 and kidnaping 1
degree only

A

A.
A designated class “A” felony act includes: murder 1 & 2 degree, arson 1 degree (13,14,15) and kidnaping 1 degree

48
Q

FCA 304.2 Which is not correct? On application by presentment agency, court may issue a TOP against respondent:

a. on notice only
b. at any time after a juvenile is taken into
custody
c. upon the issuance of an appearance
ticket
d. upon filing of a petition

A

A.
On notice only is incorrect

49
Q

FCA 307.1 Which of the following choices in not correct?
The issuing person or agency shall forward a copy of the FC appearance ticket within 24 hours to:
a. complainant
b. respondent
c. respondent’s parent
d. DCJS

A

D.
DCJS does not have to receive a copy of the TOP

50
Q

FCA 304.2 Upon application by the presentment agency, the court may issue a TOP against a respondent:
1. ex parte or on notice, or
2. at any time after a juvenile is taken into
custody, or
3. upon the issuance of an appearance
ticket, or
4. upon filing of a petition.
a. only statements, 1, 2 & 4 are correct
b. only statement 2, 3 & 4 are correct
c. only statements 1, 2 & 3 are correct
d. statements 1, 2, 3 & 4 are all correct

A

D.
All statement are correct

51
Q

FCA 342.1 Which of the following choices are correct?
At a JD fact-finding hearing:
1. Court SHALL permit parties to deliver
opening addresses
2. Presentment agency MUST offer
evidence
3. Respondent MAY offer evidence
4. Presentment agency MAY offer rebuttal
evidence
a. Only statements 1 & 2 correct
b. Only statements 1, 2, & 3 are correct
c. Only statement 2, 3 & 4 are correct
d. All 4 statements are correct

A

D.
All statement are correct

52
Q

FCA 360.3 Court may not revoke an order of probation or conditional discharge unless:

  1. court finds that respondent violated
    condition
  2. respondent has had an opportunity to be
    heard
    a. 1 only
    b. 2 only
    c. both 1 & 2
    d. neither 1 & 2
A

C.
Both 1 & 2

53
Q

FCA 365.1 Appeal to appropriate appellate division may be taken as of right by respondent from any order of disposition.
However, appeal to appropriate appellate division may be taken as of right by presentment agency only from:
1. an order dismissing a petition prior to
the commencement of a fact-finding
hearing
2. an order of disposition, but only on the
ground that such order was invalid as a
matter of law, and
3. an order suppressing evidence entered
before commencement of fact-finding
hearing.
a. only statement 1 is correct
b. only statements 1 & 2 are correct
c. only statement 2 is correct
d. statements 1, 2, & 3 are all correct

A

D.
All statements are correct

54
Q

FCA 302.2 Choose the best answer: A proceeding where the alleged charge is ____ must be commenced within the statute of limitations period or respondent’s 20th birthday, whichever occurs earlier

a. a misdemeanor
b. a misdemeanor or felony other than
designated felony
c. a designated felony
d. felony or designated felony

A

C.

55
Q

FCA 302.3 JD proceedings shall be originated in:

a. the county where the JD lives
b. the county where the JD lives or is
domiciled
c. the county or adjoining county where the
alleged acts occurred
d. none of the above

A

D.
JD proceedings shall be originated in THE COUNTY WHERE THE ACT(S) ALLEGEDLY OCCURRED

FCA (11 decks)

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