FCA Article 3

Question 1

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

Answer 1

FCA 301.2 fact-finding

Question 2

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

Answer 2

FCA 301.2 dispositional

Question 3

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 3

FCA 301.2 sexually motivated felony

Question 4

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 4

FCA 301.2 Presentment Agency

Question 5

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

Answer 5

FCA 302.1 the delinquent act allegedly occurred

Question 6

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

Answer 6

FCA 303.1 SHALL NOT

Question 7

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

Answer 7

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

Question 8

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 8

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

Question 9

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 9

FCA 307.1 Designated felony

Question 10

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 10

FCA 307.1 other than a designated felony

Question 11

FCA 310.1 Who can originate a JD proceeding?

Answer 11

FCA 310.1 presentment agency

Question 12

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

Answer 12

FCA 312.1 24 hours

Question 13

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

Answer 13

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

Question 14

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

Answer 14

FCA 302.2 10 days

Question 15

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 15

FCA 302.2 MUST

Question 16

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

Answer 16

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

Question 17

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

Answer 17

FCA 342.2 proof beyond a reasonable doubt

Question 18

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 18

FCA 350.1 10 days

Question 19

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 19

FCA 350.1 50 days

Question 20

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

Answer 20

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

Question 21

FCA 353.1 JD conditional discharge maximum period is _____.

Answer 21

1 year

Question 22

FCA 353.2 JD maximum probation is __.

Answer 22

2 years (can be extended for 1 more yr.)

Question 23

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

Answer 23

18 months / 12 months

Question 24

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

Answer 24

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

Question 25

FCA 353.6 Maximum JD restitution is ____.

Answer 25

$1,500

Question 26

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 26

True

Question 27

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).

Answer 27

30 days

Question 28

FCA 341.1 T/F? The general public may be excluded (at the discretion of the judge) from any proceeding under this article.

Answer 28

True

Question 29

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

Answer 29

9 years / 9 years

Question 30

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 30

60 days

Question 31

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.

Answer 31

12 months / 12 months

Question 32

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 care to independent living.

Answer 32

16

Question 33

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

Answer 33

Over 7 and less than 16

Question 34

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

Answer 34

Kidnaping 1 degree, and sexually motivated felony.

Question 35

FCA 302.2 Statute of limitations for JD misdemeanors is 2 yrs. or up to respondent’s ___ birthday, whichever occurs earlier.

Answer 35

18th birthday

Question 36

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

Answer 36

20th birthday

Question 37

FCA 302.3 Venue in JD proceeding is __________.

Answer 37

county in which acts allegedly occurred.

Question 38

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

Answer 38

10 years

Question 39

FCA 306.1 Fingerprints of JD must be taken if 11 or older and charged with_________.

Answer 39

A or B felony (and if 13 or older, charged with C, D, or E felony).

Question 40

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 _______________.

Answer 40

presentment agency (who will give 1 copy to respondent or his attorney).