FCA Article 7

Question 1

FCA 712 A PINS male must be under the age of ___. A PINS female must be under the age of ___.

Answer 1

…under the age of 18and female must be under 18

Question 2

FCA 712 For a person to be a PINS he must be found to need supervision or ___.

Answer 2

… supervision or TREATMENT

Question 3

FCA 716 The court on its own motion may substitute a ___ petition for a PINS petition.

Answer 3

…substitute a NEGLECT PETITION for a PINS petition

Question 4

FCA 717 A PINS proceeding is originated in the county where ___.

Answer 4

. county where ACTS ALLEGEDLY OCCURRED

Question 5

FCA 733 Which of the following cannot originate a PINS proceeding? police officer, peace officer (pursuant to special duties), victim of PINS, witness, friend, duly authorized agency, presentment agency (substitute PINS for JD)

Answer 5

a FRIEND cannot originate a PINS proceeding

Question 6

FCA 737 Service of pins summons and petition must be at least ___ before time stated for appearance

Answer 6

…at least 24 HOURS before time stated for appearance.

Question 7

FCA 744 At fact finding PINS hearing evidence must be ___.

Answer 7

..must be: CRAM: COMPETENT, RELEVANT, AND MATERIAL

Question 8

FCA 744 The standard of proof required for a PINS determination is:

Answer 8

……determination is PROOOF BEYOND A REASONABLE DOUBT

Question 9

FCA 745 At a PINS dispositional hearing only evidence that is ___ may be admitted.

Answer 9

…evidence that is RAM RELEVANT AND MATERIAL may be admitted

Question 10

FCA 756 Petition to extend PINS placement shall be filed at least ___ days before expiration of placement.

Answer 10

….filed at least 60 DAYS before expiration of placement

Question 11

FCA 758 In a PINS proceeding a judge may order restitution of up to ___

Answer 11

…restitution of UP TO $1,000.00 (INFANTS MUST BE OVER 10 AND LESS THAN 16).

Question 12

FCA 714 Which of the following 2 statements are correct?
1) In determining jurisdiction, age of respondent at time the
need for supervision allegedly arose is controlling
2) Proceeding initiated after respondent’s 18th birthday shall
be dismissed
a. only statement 1 is correct
b. only statement 2 is correct
c. both statements are correct
d. both statements are not correct

Answer 12

C.
BOTH STATEMENTS ARE CORRECT

Question 13

FCA 720 Which of the following four statements is not correct?
a. A PINS shall not be detained in any prison, jail, lockup or
any adult facility
b. A PINS shall not be detained in a secure detention facility
c. Detention in a city with population of 1 million or more
shall be in a foster care facility
d. If a youth is 15 or older, court shall not order detention
unless the court determines and states in its order the
special circumstances which exist to warrant such
detention.

Answer 13

D.
This should read, “IF A YOUTH IS 16 OR OLDER, COURT SHALL NOT order detention……

Question 14

FCA 729 No person may be detained for more than ___ hours or the next day the court is in session, whichever is sooner, without a hearing (FCA 728) before a judge to determine if court has jurisdiction.
a. 12
b. 24
c. 48
d. 72

Answer 14

D.
…detained for more than 72 HOURS or the next…

Question 15

FCA 745 Which of the following statements is false?
a. At fact finding hearing only material, relevant, and
competent evidence may be admitted.
b. Determination must e based on proof beyond a
reasonable doubt
c. At dispositional hearing only material and relevant
evidence may be admitted
d. Adjudication at end of dispositional hearing must be
based on proof beyond a reasonable doubt

Answer 15

D.
…must be based on PREPONDERANCE OF THE EVIDENCE.

Question 16

FCA 754 Placement may be for a period of ___ months and court can extend for an additional ___.
a. 6 months…6 months
b. 9 months…6 months
c. 12 months…year
d. none of the above

Answer 16

…12 MONTHS and court can extend for an ADDITIONAL YEAR

Question 17

FCA 456-a Petition to extend placement shall be filed at least 60 days before expiration of period of placement. Court can extend placement for up to 1 year. Pending a final determination on the petition to extend placement, court may temporarily extend placement for a period not exceeding 45 days (30 = 15). Successive extensions of placement may be granted but not beyond respondent’s ___ birthday without respondent’s consent, but in no event past respondent’s ___ birthday
a.14th…18th
b.16th …18th
c. 18th…21st
d. none of the above

Answer 17

C.
…not beyond respondent’s 18TH BIRTHDAY without respondent’s consent, but in no event past respondent’s 21ST BIRTHDAY

Question 18

FCA 763 Notice of motion (including the court’s own motion) for a new hearing (FCA 761) or to stay, modify, set aside or vacate an order (FCA 762) must be served at least ___ days before return date of motion. Answer must be served at least 2 days before return date of motion.
a. 3
b 7
c. 8
d. 12

Answer 18

C.
… at least 8 DAYS before return date of motion….

Question 19

FCA 712 The age requirement for a PINS is:
a. under the age of 18
b. under the age of 16
c. male under 16, female under 16
d. male under 16, female under 18

Answer 19

A.
…for a PINS is UNDER THE AGE OF 18

Question 20

FCA 712 Choose the best answer: For a person to be found to be a PINS, he must be found to need:
a. supervision or confinement
b. treatment or confinement
c. confinement
d. supervision or treatment

Answer 20

D.
…he must e found to need SUPERVISION OR TREATMENT

Question 21

FCA 745 At a PINS dispositional hearing the standard of proof is:
a. preponderance of the evidence
b. beyond a reasonable doubt
c. hearsay evidence
d. none of the above

Answer 21

A.
…the standard of proof is PREPONDERANCE OF THE EVIDENCE

Question 22

FCA 745 Choose the best answer: At a PINS dispositional hearing evidence must be:
a. material
b. relevant and competent
c. material and relevant
d. material and competent

Answer 22

C.
… must be MATERIAL AND RELEVANT

Question 23

FCA 717 A PINS proceeding is originated:
a. in county where the parents of PINS reside
b. in county where victim resides
c. in county where PINS resides
d. none of the above

Answer 23

D. A PINS proceeding is originated in THE COUNTY WHERE THE ALLEGED ACTS OCCURRED

Question 24

FCA 737 A PINS ___ must be served at least 24 hours before the time stated for appearance.
a. warrant
b. desk appearance ticket
c. summons and petition
d. none of the above

Answer 24

C.
A PINS SUMMONS AND PETITION must be served at least 24 hours…

Question 25

FCA 737 Which of the following choices lists at least one party who cannot originate a PINIS proceeding?
a. witness, duly authorized agency, police officer
b. presentment agency (wishing to substitute a PINS for JD petition), victim of PINS
c. parent, friend
d. peace officer acting pursuant to special duties

Answer 25

C.
A FRIEND cannot originate a PINS proceeding

Question 26

FCA 738 On its own motion the court may substitute a _____ petition under article ten for a petition to determine whether a person is in need of supervision.
a. juvenile delinquency
b. neglect
c. PINS
d. child abuse

Answer 26

B.
…may substitute a NEGLECT PETITION under article 10…

Question 27

FCA 738 The court must issue a warrant in an FCA Article 7 proceeding if:
1) summons cannot be served or respondent or other
person has refused to obey summons
2) the respondent or other person is likely to leave the
jurisdiction
3) a summons, in the court’s opinion, would be ineffectual
4) a respondent on bail or parole has failed to appear
a. 1,2,3 & 4
b. 1,2,3 only
c. 3 only
d. neither 1,2,3, or 4

Answer 27

D.
It should read, “The court MAY issue a warrant….

Question 28

FCA 784 PINS police records shall be kept in files separate and apart from the arrest of adults and shall be withheld from public inspection. For good cause shown, and upon a written court order, they shall be open for inspection to:
1. parent
2. guardian
3. next friend
4. attorney of PINS
a. 1,2,3 & 4
b. 1,2 & 4 only
c. 4 only
d. neither 1,2,3,4

Answer 28

A.
…they shall be open for inspection to: parent, guardian, next friend and attorney of PINS