FCA Article 3

Question 1

FCA 351.1
Following a designated felony act fact finding and prior to the dispositional hearing, the court
Shall order a probation investigation and a ____ assessment

Answer 1

Diagnostic

Question 2

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.

Answer 2

60

Question 3

FCA 350.3
At a JD dispositional hearing the evidential standard is
A. Preponderance of the evidence
B. Proof beyond a reasonable doubt
C. Reasonable evidence
D. Fair and reasonable evidence

Answer 3

A. Preponderance of the evidence

Question 4

FCA 375.2
A motion to seal a JD file after a finding cannot be made until the respondent has reached his___ birthday
A. 10th
B. 14th
C. 17th
D. 18th

Answer 4

C.17th
(Check answer in book)

Question 5

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 acts occurred
D. The county where the alleged act occurred

Answer 5

D.

Question 6

FCA 301.2 A _____ hearing means a hearing to determine whether the respondent requires supervision, treatment, or confinement.

Answer 6

FCA 301.2

Dispositional

Question 7

FCA 301.2 A Designated Class “A” Felony Act (13, 14, 15) are: murder 1 & 2 degree, kidnaping 1 degree, arson 1 degree, and _________________ (PL 130.91).

Answer 7

FCA 301.2 sexually motivated felony

Question 8

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

Answer 8

FCA 301.2 Presentment Agency

Question 9

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

Answer 9

FCA 302.1 the delinquent act allegedly occurred

Question 10

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

Answer 10

FCA 303.1 SHALL NOT

Question 11

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

Answer 11

FCA 304.2 False. The court may issue a temporary order of protection ex parte (without notice to the alleged JD).

Question 12

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.

Answer 12

FCA 311.4 a person in need of supervision (PINS)
petition.

Question 13

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.

Answer 13

FCA 307.1 Designated felony

Question 14

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.

Answer 14

FCA 307.1 other than a designated felony

Question 15

FCA 310.1 Who can originate a JD proceeding?

Answer 15

FCA 310.1 presentment agency(Only)

Question 16

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

Answer 16

FCA 312.1 24 hours

Question 17

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

Answer 17

FCA 320.2 next day court is in session, whichever is sooner.

Question 18

FCA 302.2 If respondent is not detained, initial appearance must be not later than ____ after petition is filed.

Answer 18

10 days

Question 19

FCA 302.2 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.

Answer 19

Must

Question 20

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

Answer 20

FCA 342.2 competent, relevant, & material (CRAM).

Question 21

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

Answer 21

FCA 342.2 proof beyond a reasonable doubt

Question 22

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.

Answer 22

10 days
(10/50 rule)

Question 23

FCA 350.1 After a finding that respondent committed an act other than a designated felony, the dispositional hearing must be not later than ____ days after fact-finding order.

Answer 23

50 days (10/50 rule)

Question 24

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

Answer 24

FCA 350.3 Dispositional hearing (JD) evidence and evidentiary standard are: evidence (material and relevant) and evidentiary standard (preponderance of the evidence).

Question 25

FCA 353.1 JD conditional discharge maximum period is _____.

Answer 25

1 year

Question 26

FCA 353.2 JD maximum probation is __.

Answer 26

2 years. (Can be extended for 1 year )

Question 27

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

Answer 27

18 months ,12 months

Question 28

FCA 353.5 Restrictive placement (designated class A felony) shall be for a period of ____ yrs.

Answer 28

5 years (and initially confined in a secure facility for 12-18 months).

Question 29

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

Answer 29

True

Question 30

FCA 301.2 A ______ hearing means a hearing to determine whether the respondent committed the crime(s) alleged in the petition.

Answer 30

Fact finding