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BY THE NUMBERS > FCA by the Numbers > Flashcards

FCA by the Numbers Flashcards

1
Q

115- One matter the Family Court has exclusive original jurisdiction over is:

Termination of parental rights to guardianship and custody by reason of permanent neglect, or by reason of mental illness or intellectual disability (new), and severe and repeated child abuse, or the death of one or both parents where no guardian has been lawfully appointed, or by reason of abandonment of the child for a period of ______ prior to the filing of the petition, where the child is under the jurisdiction of the family court

A

SIX MONTHS

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2
Q

119 - An “infant” or “minor” means a person who has not attained the age of _________

A

Eighteen (18)

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3
Q

154 - Service upon a non-resident or non-domiciliary of a petition and summons shall be made at least _____________ before the return date

A

TWENTY(20) DAYS

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4
Q

154 -b - A counterclaim to a family offense petition shall be heard in the same manner as a petition and may be heard on the return date of the petition, provided that the counterclaim is served on the petitioner no later than ______ to the return date and said counter-claim and proof of service is filed with the court.

A

five days prior

“Talk to the hand”

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5
Q

154 - d The criminal court issues a temporary order of protection when the family court is not is session, it must then make the matter returnable in the family court on the next day they are in session, but in no event more than ___________

A

FOUR (4) CALENDAR DAYS

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6
Q

Any temporary order of protection issued pursuant to a family offense allegation when the family court is not in session shall also expire not more than _____________ after its issuance

A

FOUR (4) CALENDAR DAYS

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7
Q

158- The family court may place in protective custody a person under the age of ___________ who is a material witness

A

SIXTEEN (16) YEARS OLD

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8
Q

158- No order of protective custody may extend for a period of more than_________. For good cause shown the court may renew the order for additional periods of __________, but the total period cannot exceed____________.

A

FOURTEEN (14) DAYS….. FOURTEEN (14) DAYS…….. FORTY-TWO (42) DAYS

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9
Q

162-a Use of restraints on children in courtrooms. (a) Use of
restraints. Except as otherwise provided in subdivision (b) of this
section, restraints on children under the age of__________, including,
but not limited to, handcuffs, chains, shackles, irons or straitjackets,
are prohibited in the courtroom (with some exceptions).

A

twenty-one

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10
Q

217- When a family court order is issued, the court shall file or direct the filing of the order within ________ of the decision of the court or within ___________ of the settlement of the order on notice

A

TWENTY (20) DAYS……. TWENTY (20) DAYS

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11
Q

232 - “Child with physical disabilities” means a person under ______
years of age who, by reason of a physical disability, whether congenital
or acquired by accident, injury or disease, is or may be expected to be totally or partially incapacitated for education or for remunerative occupation, as provided in the education law, or has a physical
disability

A

twenty-one

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12
Q

244- An agreement between OCA and the legal aid society may be terminated upon notice _____________ prior to termination

A

SIXTY(60)DAYS

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13
Q

244 - No designation of a panel of attorneys to act as attorneys for children shall be for more than ___________, however successive designations may be made

A

ONE(1) YEAR

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14
Q

252A The probation department is entitled to a fee for conducting an investigation in an amount of not less than ________ nor more than ___________ from the parties based on their ability to pay. Such fee may be apportioned between the parties or even waived.

A

FIFTY (50) DOLLARS……….. FIVE HUNDRED (500) DOLLARS

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15
Q

424a- A sworn statement (FINANCIAL DISCLOSURE AFFIDAVIT) of net worth shall be filed with the clerk on a date to be fixed by the court but in no event later than ______ after the return date of the petition

A

TEN (10) DAYS

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16
Q

427- Service
Personal service of the summons and petition may be made by delivery to the person summoned at least ______ before the time stated for appearance or by delivery to a person of suitable age and discretion at the respondents place of business or dwelling AND mailing to the last known address at least ________ before the time stated for appearance

A

8 days…… 8 days

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17
Q

427- Service can also be made by mail alone at least _____ before the time stated for appearance, regardless if attempted by the first two methods mentioned above. lf service is by mail alone, the court will only enter an order of default for support upon proof the respondent actually received the notice (certified mail and signed for)

A

8 days

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18
Q

427 - The respondent has ______ from the entry of a default order to make a motion for relief from such order.

A

1 year

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19
Q

428- A certificate of warrant expires__________ from the date of issue but may be renewed from time to time by the clerk of the court

A

NINETY (90) DAYS

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20
Q

413- The parents of a child under the age of _____ of age are chargeable with the support of such child, unless the children are “emancipated” earlier, in fair and reasonable sum as the court may determine.

A

TWENTY ONE (21) YEARS

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21
Q

413 The child support percentage shall mean:
##% of the combined parental income for one child +8
##% of the combined parental income for two children +4
##% of the combined parental income for three children +2
##% of the combined parental income for four children +4
No less than ##% of the combined parental income for five or more children

A

-17%
-25%
-29%
-31%
Not less than 35%

Remember: 17-84-24

          17
17+8=25
25+4=29
29+2=31
31+4=35
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22
Q

The “Self- support reserve” shall mean ______ of the poverty income guidelines for a single person. On MARCH 1, of each year the self-support reserve shall be revised to reflect the annual updating of poverty income guidelines:
The court shall determine the combined parental income up to the amount set forth in SSL 111-i(2)b and shall multiply this amount by the appropriate child support percentage.

A

135%

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23
Q

Non-custodial parents income below the poverty income guidelines: Where the annual amount of the basic child support obligation would reduce the noncustodial parents income below the poverty income guidelines for a single person the basic child support obligation shall be _________ . For such a person, unpaid child support arrears in excess of _______ dollars shall not accrue

A

TWENTY-FIVE (25.00) DOLLARS….. 500.00

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24
Q

Where the annual amount of the basic child support obligation would reduce the noncustodial parents income below the self support reserve but not below the poverty income guidelines for a single person, the basic child support obligation shall be ________ PER MONTH or the difference between the non custodial parents income and the self support reserve whichever is greater

A

FIFTY(50.00) DOLLARS PER MONTH

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25
Q

Available- Health Insurance Benefits are available when:
The cost of the insurance is reasonable
Reasonable in cost- if the cost does not exceed ___% of combined parent income

A

5%

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26
Q

Health insurance benefits are considered “reasonably accessible” if the child lives within the area covered by the health plan, which should be within ________ or ______ miles to the health services provided

A

30 minutes or 30 miles

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27
Q

CASH MEDICAL SUPPORT - The court shall determine the party’s obligation to provide health insurance benefits and to pay “cash medical support” which means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by a parent through an employer or organization, including such employers or organizations which are self insured, or through other available health insurance or health care coverage plans, and/or for other health care expenses not covered by insurance.This amount shall be no more than ______ % of the gross income or the difference between the non custodial parents income and the Self Support Reserve, whichever is less

A

5%

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28
Q

413-B: A person who would be responsible for support of a minor is also responsible for support of an individual that is deemed developmentally disabled under mental hygiene law (hereafter known as an adult dependent) until the age of ___________.

A

26

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29
Q

413-B: the court may consider whether the financial responsibility of caring for the individual has been unreasonably placed on one parent when determining the child support obligation.

The duration of time the court may use when considering this factor shall be limited to the time period from when the child turned ______ until the individual turns _____. If a child support order ended at the age of eighteen then such time period shall be from when the child turned eighteen until the individual turns ________.

A

twenty-one….. twenty-six…… eighteen…… twenty-six

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30
Q

437 - A respondent is presumed to be able to support his or her spouse and children under the age of ______

A

21

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31
Q

Specific written objections to a final order of a support magistrate may be filed by either party within _______ after receipt of the order in court ort________ after the mailing of the order. The party objecting must also serve a copy of their objections on their opposing party who shall have _________ to serve and file a written rebuttal to such objections
A judge must rule within ________ of the rebuttal being filed or the time to file a rebuttal expiring (time when it could have been filed) shall do one of the following:

  1. Remand one or more issues of fact to the support magistrate
  2. Make with or without holding a hearing, his or her own findings
  3. Deny the objections
A

THIRTY (30) DAYS……. thirty Five (35) DAYS ……. THIRTEEN (13) DAYS………. FIFTEEN (15) DAYS

Write it as a timeline: (30 or 35) - 13 -15

3035 1315

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32
Q

439 - Support magistrates shall be attorneys admitted to practice law at least: ________

A

3 years

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33
Q

439 - Support Magistrates shall be appointed for a term of ______

A

3 years

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34
Q

439 - Following their initial 3 year term, Support magistrates may be reappoint for subsequent terms of _______

A

5 years

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35
Q

440- If there is an acknowledgment of PARENTAGE (paternity), the court must ask the parties if it has been duly filed and if not, the clerk must file it within __________.

A

5 days

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36
Q

All support orders must include ________ bold type informing the respondent that willful failure to obey the order may after court hearing result in commitment to jail for a term not to exceed ______ for contempt of court and their right to seek a modification of the child support order upon a showing of:

  1. A substantial change in circumstances; or
  2. Three years have passed since the order has been entered or last modified; or
  3. There has been a change in either party’s gross income by 15% or more since the order has been entered or last modified
A

Eight point…..six months

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37
Q

413-a COLAs becomes automatically effective in ______ without any action by the court unless an objection is filed.

A. 30 days
B. 35 days
C. 45 days
D. 60 days

A

D. 60 days

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38
Q

413-a The hearing of an objection to a COLA must be held and completed within ______ . The court must enter an order of support or an order of NO ADJUSTMENT and immediately transmit copies to the parties and SCU.

A

45 days of filing

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39
Q

413-a There is no relief (e.g. objection, motion to vacate, etc.) after expiration of the ____ objection period for a respondent who did not receive the notice of the adjusted order due to his/her own failure to update SCU with a change of address. However, he/she may file for a downward modification of the adjusted order.

A

35-day

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40
Q

413-a No order shall be adjusted or reviewed for a COLA earlier than _________ since its issuance or last adjustment or modification

A

TWENTY-FOUR (24) MONTHS

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41
Q

451 - Besides a substantial change of circumstances, a order of support may be modified when:

A. ______ have passed since the last order was made, modified or adjusted; or

B. There has been a change in either party’s gross income by___ or more. A reduction in income shall not be considered as a ground for modification unless it was involuntary and the party has made diligent attempts to secure employment, commensurate with his or her education, ability and experience

A

Three years…. 15%

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42
Q

The court may review a support collection unit’s denial of a challenge made by a support obligor regarding the possible suspension of his driving privileges.

  • The support obligor may file objections to the denial within ______ of the mailing of the denial.
  • Within _______ of the obligor filing his objections,
  • the support collection unit may file a rebuttal, and the court within ____ after the rebuttal is filed shall either:
  1. Deny the objections and send it back to the support collection unit
  2. Affirm the objections and direct that the DMV not be notified to suspend the obligors driving privileges
A

35 DAYS…. 10 DAYS….. 45 DAYS

TIMELINE 35-10-45

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43
Q

458a, b and c- lf the respondent has accumulated arrears for a period of _______ or more, the court may order the suspension of driving privileges, state licenses, occupational licenses and recreational licenses

This does not apply to respondents who are on public assistance, SSI or whose income is below the self support reserve or as a result of the order will fall below the self support reserve

A

FOUR (4) MONTHS

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44
Q

459- A party may amend an enforcement petition to include any additional arrears which may have accrued as long as written notice of the intent to amend is on _____ notice

A

EIGHT (8) DAYS

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45
Q

477- The court may in its discretion require either a written undertaking of sufficient surety approved by the court or may require that cash be posted to secure compliance by the respondent with the order of support

Such undertaking shall be for a definite period not to exceed _______ and the amount of the principal of the undertaking shall not exceed _______ worth of payments according to the order of support

A

THREE (3) YEARS…… THREE (3) YEARS

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46
Q

580 - 102 Home State- means the state where the child lived with a parent or person acting as a
parent for at least_________________ immediately preceding the time of filing of the petition, or the state where a child less than ____ months old has been living
since birth

A

SIX (6) CONSECUTIVE MONTHS…

Six (6) months

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47
Q

580-207 - Within ________ after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of the order with each tribunal that issued or registered an earlier order of child support

“This way every tribunal is kept up to date of recent changes that have occurred”

A

THIRTY (30) DAYS

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48
Q

580-304 - Upon the filing of a petition, an initiating tribunal of this state shall forward ________ of the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency

A

THREE(3) COPIES

TRI=3

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49
Q

580-307 A support enforcement agency of this state shall upon request provide services
to a petitioner including:

  1. Take steps to enable an appropriate tribunal to obtain jurisdiction over the respondent
  2. Request the tribunal to set a date, place and time for a hearing
  3. Obtain all relevant information as to income and property of the parties
  4. Within _________ exclusive of Saturdays, Sundays and legal holidays
    notify petitioner of notice received from any tribunal
  5. Within _________ exclusive of Saturdays, Sundays and legal holidays send
    a copy of any communication from respondent to the petitioner
  6. Notify petitioner if jurisdiction of respondent cannot be obtained
A

TEN (10) DAYS…TEN (10) DAYS

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50
Q

ENFORCEMENT AND MODIFICATION OF SUPPORTORDER AFTER REGISTRATION

580-602 A support order or income withholding order from another state is registered
here by sending the following documents to the tribunal here:
1. A letter of transmittal sent here requesting registration and enforcement
2.______ including _________ certified of all orders to be registered
3. A sworn statement by the party seeking registration
4. The name, address and social security number of the obligor
5. The name and address of the obligors employer
6. A description and location of obligors property not exempt from execution
7. The name and address of the obligee and where payments are to be sent

A

TWO (2) COPIES……. ONE (1)

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51
Q

SUBPART B - CONTEST OF VALIDITY OR ENFORCEMENT

580-605 The registering tribunal when registering an out of state order shall notify the non registering party by sending a copy of the order and a notice stating:

  1. That a registered order has the same effect as an order issued here
  2. That a hearing to contest the validity must be requested within _________
  3. That failure to contest the validity will result in confirmation of the order
  4. The amount of any alleged arrears
A

Twenty (20) DAYS

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52
Q

580-606 A non registering party seeking to contest the validity of a registered order in this
state, shall request a hearing within _________ after notice of the registration.

The registering tribunal will notify the parties of the date, time and place for a hearing
on the matter

A

TWENTY(20)DAYS

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53
Q

580-614 Within __________ after the issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal who had continuing, exclusive jurisdiction over the earlier order. Failure to file does not affect the validity of the order

A

THIRTY (30) DAYS

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54
Q

5aO-7O7 - A party contesting a registered Convention support order shall file a contest not later than ________ after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than____________ after notice of the registration

A

THIRTY(30)DAYS……….. SIXTY(60)DAYS

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55
Q

PART 8 - INTERSTATE RENDITION
580-801 - This section deals with the governor of another state handing over to the governor of
this state, a person criminally liable with failure to pay support

580-802 - Before making a demand that the governor of another state surrender a individual
criminally liable for failure to pay support, the governor of this state may require a prosecutor of this state to demonstrate that at least ________ ago the obligee initiated proceedings for support or that the proceedings would be of no

A

Sixty (60) days

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56
Q

524 - Personal service of the summons and petition shall be made by delivery to the person summoned at least ________ before the time stated for appearance, or by delivery to a person of suitable age and discretion at the actual place of business or
dwelling AND by mailing a copy to the person served at their last known address at least
_______ before the time stated for appearance

A

EIGHT (8) DAYS…… EIGHT (8) DAYS

57
Q

525- If after reasonable effort service cannot be made the court may direct substituted
service as per the CPLR

Regardless if either method above is used, service may be made by mail alone at least
________ DAYS before the time stated for appearance however a default order of
filiation may only be made upon proof of mail being certified and signed for by the
respondent

A

EIGHT (8)

58
Q

525- The respondent shall have the right to make a motion for relief from such default order within ________ from the date such order was entered

A

one year

59
Q

532- The court on its own motion or on the motion of any party when paternity is contested, shall order the mother, the child and the alleged father to submit to one or more genetic marker or DNA tests. No test shall be ordered however upon a written finding that it is not in the best interests of the child. If the report indicates a ________ probability of paternity, then a rebuttable presumption of paternity shall be
established

A

NINETY-FIVE (95)%

60
Q

545- Support after filiation

In a proceeding in which the court has made an order of filiation, the court shall direct
the parents to provide support for the child for general purposes and education until
the child is of the age of ______

A

twenty one

61
Q

FCA 571
If a party is pregnant, and files a paternity proceeding, and is receiving social services, PATERNITY PROCEEDINGS ARE STAYED FOR _________ FROM BIRTH OF CHILD.

A

SIXTY (60) DAYS

62
Q

§ 614. Originating proceeding for the commitment of the guardianship and custody of a permanently neglected child.

One of the required ground’s for terminating guardianship and custody of a permanently neglected child is:

  1. The child is under___________ OF AGE
A

EIGHTEEN (18) YEARS

63
Q

§ 614. Originating proceeding for the commitment of the guardianship and custody of a permanently neglected child.

One of the required ground’s for terminating guardianship and custody of a permanently neglected child is:

  1. the parent or custodian, notwithstanding the agency’s efforts, has failed for a period of either at least ________ or ________ out of the most recent ____________ following the date such child came into the care of an authorized agency substantially and continuously or repeatedly to maintain contact with or plan for the future of the child, although physically and financially able to do so.
A

ONE (1) YEAR……. FIFTEEN (15)…….. TWENTY-FOUR (24) MONTHS

64
Q

§ 617. Service of summons.

Service of the summons and petition shall be made to the person summoned at least _______ before the time stated therein for appearance. If after reasonable effort personal service is not made, substituted service or service by publication may be ordered by the judge

A

TWENTY (20) DAYS

65
Q

§ 617. Service of summons.

Service by publication is in accordance with CPLR 316 however that a single publication of the summons in _____ newspaper shall be sufficient

A

only one

66
Q

§ 631. Disposition on adjudication of permanent neglect-

At the conclusion of the dispositional hearing, on of the possible dispositions is:

  1. Committing the guardianship and custody of the child, however that such an order may not be entered after the child’s ___________ unless the child consents
A

EIGHTEENTH (18) BIRTHDAY

67
Q

§ 633. Suspended judgment.

The maximum duration of a suspended judgment is _______ unless the court finds exceptional circumstances warrant an additional period of _______ ______

A

ONE (1) YEAR……. ONE (1)

68
Q

§ 633. Suspended judgment.

Not later than ________ prior to the expiration of the suspended judgment the court will review the suspended judgment

A

THIRTY (30) DAYS

69
Q

§ 633. Suspended judgment.

Not later than __________ prior to the expiration of a suspended judgment, the petitioner shall file a report with the family court and all parties including the respondent, regarding the respondent’s compliance with the terms of the suspended judgment

A

SIXTY (60) DAYS

70
Q

§ 635. Petition to restore parental rights.

One of the conditions that must be met for a petition to modify a disposition in order to restore parental rights may be filed is:

  1. The order committing guardianship and custody of the child had been issued _____ OR MORE YEARS PRIOR to this application to modify
A

TWO (2)

71
Q

§ 635. Petition to restore parental rights.

One of the conditions that must be met for a petition to modify a disposition in order to restore parental rights may be filed is:

  1. An order committing the guardianship and custody of the child was based upon an adjudication upon the grounds that the child was abandoned for________ or the parents suffer from mental illness or intellectual disability (still known as retardation in case law) and unable to care for the child or the child is a permanently neglected child
A

SIX (6) MONTHS

72
Q

§ 635. Petition to restore parental rights.

One of the conditions that must be met for a petition to modify a disposition in order to restore parental rights may be filed is:

  1. The child is ___________ OR OLDER, remains under the jurisdiction of the family court, has not been _______, does not have a permanency goal of ______ and consents to the relief requested in the petition.
A

adopted…. FOURTEEN(14) YEARS OLD….adoption

73
Q

§ 636. Originating a proceeding to restore parental rights; service and venue.

A summons may be issued and shall be served in accordance of FCA 617, here it is again:

Service of the summons and petition shall be made to the person summoned at least ___________before the time stated thereinfor appearance. If after reasonable effort personal service is not made, substituted service or service by publication may be
ordered by the judge

A

TWENTY (20) DAYS

74
Q

§ 637. Burden of proof, disposition and findings.-

The court may grant the petition, modify the previously issued order for termination of parental rights and transfer guardianship and custody of the child to the birth parents

Or

The court may dismiss the petition and the custody and guardianship of the child will continue with the agency or individual as directed in the order terminating parental rights

Or

The court may grant the petition conditionally for a designated period of up to _______, during which time the child will remain in the custody and guardianship of the local social services district or authorized agency while the child may visit with or be placed on a trial discharge to the birth parents.
If this occurs the district or agency will supervise the parent or parents, develop a reunification plan and provide transitional services to the child and parent.

They will then report to the parties, attorney for the child and the court not later than _________ prior to the expiration of the designated period. The court shall then schedule the proceeding to be heard before the expiration of the period to determine whether to ultimately grant the petition or not

A

SIX(6)MONTHS……… THIRTY(30)DAYS

75
Q

JURISDICTION – Effective October 1, 2019, a person cannot be tried as a juvenile delinquent unless he/ she was over seven and less than _________ of age, at the time the delinquent act was allegedly committed. (THIS IS THE CURRENT AGE) SEE FCA Sec. 301.2(1) & 302.1(2).

A

eighteen years

76
Q

FCA 302.2 - STATUTE OF LIMITATIONS - a JD proceeding must be commenced within the time periods listed in Criminal Procedure Law Sec. 30.10 (limitation period for adult violations of the Penal Code), AND must be commenced before the child’s ______ birthday, unless the respondent is alleged to have committed a designated felony act, in which case the proceeding must be commenced before the child’s ______ birthday. FCA Sec. 302.2.

A

18th……. 20th

77
Q

FCA 304.1 - DETENTION

NO SECURE DETENTION OF CHILD UNDER ________

A

TEN

78
Q

FCA 306.1 FINGERPRINTING

Arresting officer MUST take prints if:

a) Child is ______ OR OLDER - CHARGED WITH A OR B FELONY
b) Child is ________ OR OLDER - CHARGED WITH C, D OR E FELONY
c) Whenever fingerprints are taken, palm prints, and photos can be taken

A

ELEVEN (11)….. THIRTEEN (13)

79
Q

FCA 306.2. FINGERPRINTING – DUTIES OF DCJS

Fingerprints Must be forwarded immediately to ______ who will search its records for information concerning an adjudication or pending matter involving the person arrested. ______ will promptly transmit its report and findings regarding the arrested person to the forwarding officer or agency.

UPON receipt of report from _____ , the recipient officer shall send ______ copies to the family court in which the proceeding is pending and _____ copies to the presentment agency (family court’s version of the DA).

Presentment agency shall then provide a copy to ________

A

DCJS …. DCJS…… 2….. 2…… counsel for the respondent.

80
Q

307.4- PRE-PETITION HEARING

Such hearing will be held within ________ of the time the detention began or the next day the court is in session whichever is sooner

A

SEVENTY-TWO (72) HOURS

81
Q

307.4- PRE-PETITION HEARING

Within _______ of the conclusion of this “hearing following detention”, a petition shall be filed and a probable cause hearing held (FCA 325.1). If the petition is not filed within the _______ the child shall be released … (This is similar to CPL 170.70 Or 180.80)

A

FOUR (4) DAYS……… four days

82
Q

FCA 308.1 Adjustment of cases

The purpose of having the child appear before a probation officer is to see if the case can be “adjusted” and avoid a delinquency proceeding.

Certain cases cannot be “adjusted” without approval of the court, designated felonies and other crimes listed in sub. 4 of sec. 308.1.

Efforts at adjustment pursuant to rules of court under this section may not extend for a period of more than _______ without leave of the court which may extend the period for an additional two months (sub. 9).

If the case is not adjusted by the probation service, they must notify the Presentment Agency_______ , or the next court day, whichever occurs SOONER.

A

THREE MONTHS………. WITHIN 48 HOURS

83
Q

311.3 -

The court shall conduct a single or consolidated hearing when ________ respondents
are charged in separate petitions with the ______ crime, however a motion for separate
hearing may be granted for good cause shown

A

two or more….. same

84
Q

312.1- After a petition is filed, a summons along with a copy of the petition may be issued directing the appearance of the respondent and parent/guardian, for the Initial Appearance, at the time and place indicated in the summons. The ____________ OR _______ signs such summons

Service of the summons and petition shall be made by delivery to the person summoned at least ___________ before the time stated for appearance. If personal service cannot be made the court may make an order for service in any manner

A

judge or the clerk of the court……….. TWENTY-FOUR (24) HOURS

85
Q

WARRANT (312.2)

Warrant reports - if the court issues a warrant based on the respondent’s failure to appear, the court (MUST/MAY) adjourn the case to a date certain within ___________ for a report on the efforts to secure the respondent in court.

EFFORTS MUST BE MADE TO HAVE THE WARRANT EXECUTED DURING THOSE _______

The court must issue WRITTEN findings of fact as to the efforts to secure the respondents appearance.

IF THERE ARE NO EFFORTS TO SECURE THE RESPONDENT, THAT CAN AFFECT THE PRESENTMENT AGENCY’S CASE

A

MUST……. THIRTY (30) DAYS ……… THIRTY (30) DAYS

86
Q

ADJOURNMENT IN CONTEMPLATION OF DISMISSAL (ACD) - Sec. 315.3,

An “ACD,” before trial, is a _________ (or less) adjournment of the Fact-Finding Hearing, with the ultimate goal of dismissing the petition in furtherance of justice.

The court may order the respondent to abide by certain terms and conditions during the period of adjournment.

The proceeding may be restored to the calendar upon motion of the presentment agency, or on the court’s own motion, at any time during the ____________ period set by the court.

If the petition is not restored during the adjournment period (___________ OR LESS) the petition is deemed to have been dismissed.

A

six month……… SIX [6] MONTHS……… six month (or less)

87
Q

320.2- INITIAL APPEARANCE TIMING

If the respondent is detained the initial appearance shall be held no later than ________ after the petition is filed or the next day the court is in session whichever is sooner

If the respondent is not detained, the initial appearance shall be held as soon as practicable and within __________ of the petition being filed

At the initial appearance the court must appoint a “attorney for the child” if no other attorney has appeared

The initial appearance may be adjourned for no longer than __________ or until the next court day whichever is sooner for counsel to appear

The clerk of the court shall notify all counsel of the initial appearance date

A

SEVENTYTWO (72) HOURS ….. TEN (10) DAYS………. SEVENTY-TWO (72) HOURS

88
Q

SECTION 322.1 Incapacitated person; examination reports

  • If the court is of the opinion that the respondent may be an incapacitated person, the court must issue an order that he be examined.

Such exam may be conducted on an outpatient basis. If the respondent is in custody at the time the court issues an order of examination, the examination may be conducted at the place where the respondent is being held in custody so long as no reasonable alternative outpatient setting is available.

_________ qualified psychiatric examiners shall be ordered for this purpose to determine if he or she may be diagnosed as a person with mental illness or an intellectual or developmental disability.

Proceedings will be adjourned until the examination report has been filed with the court, which shall occur within __________ of the entry of the order

A

TWO (2)………. TEN (10) DAYS

89
Q

§ 322.2. Proceedings to determine capacity.

Upon the receipt of examination reports ordered the court shall conduct a hearing to determine whether the respondent is an incapacitated person.

  1. The respondent, the counsel for the respondent, the presentment agency and the commissioner of mental health or the commissioner of developmental disabilities, as appropriate, shall be notified of such hearing at least ________ prior to the date thereof and afforded an opportunity to be heard.
A

FIVE (5) days

90
Q

§ 322.2. Proceedings to determine capacity.

PROBABLE CAUSE THAT A MISDEMEANOR WAS COMMITTED FOLLOWING HEARING:

  1. If the court finds that there is probable cause to believe that the respondent committed a misdemeanor, the respondent shall be committed to the custody of the appropriate commissioner for a reasonable period not to exceed _________ .

Unless the court specifies that such commitment shall be in a residential facility, such commissioner having custody may arrange for treatment in an appropriate facility or program, including an outpatient program.

The court shall _______ the petition on the issuance of the Order of commitment

A

ninety days………. dismiss

91
Q

§ 322.2. Proceedings to determine capacity.

PROBABLY CAUSE THAT A FELONY WAS COMMITTED:

  1. (a) If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities for an initial period not to exceed ______ from the date of such order.

Unless the court specifies that such commitment shall be in a residential facility, such commissioner having custody may arrange for treatment in an appropriate facility or program, including an outpatient program.

Such period may be extended annually upon further application to the court by the commissioner having custody or his or her designee. Such application must be made not more than ______ prior to the expiration of such period on forms that have been prescribed by the chief administrator of the courts.

At that time, the commissioner must give written notice of the application to the respondent, the counsel representing the respondent and the mental hygiene legal service if the respondent is at a residential facility.

Upon receipt of such application, the court must conduct a hearing to determine the issue of capacity. If, at the conclusion of a hearing, the court finds that the respondent is no longer incapacitated, he or she shall be returned to the family court for further proceedings pursuant to this article. If the court is satisfied that the respondent continues to be incapacitated, the court shall authorize continued custody of the respondent by the commissioner in a facility or program for a period not to exceed ________.

Such extensions shall not continue beyond a reasonable period of time necessary to determine whether the respondent will attain the capacity to proceed to a fact finding hearing in the foreseeable future but in no event shall continue beyond the respondent’s _________ or, if the respondent was at least sixteen years of age when the act was committed, beyond the respondent’s _________.

(b) If a respondent is in the custody of the commissioner upon the respondent’s _________, or if the respondent was at least __________ when the act resulting in the respondent’s placement was committed, beyond the respondent’s _________, the commissioner shall notify the clerk of the court that the respondent was in his custody on such date and the court shall dismiss the petition.

A

one year ………. sixty days…… one year….. eighteenth birthday……….. twenty-firsT…. eighteenth birthday birthday……sixteen years of age……… twenty-first birthday

92
Q

§ 322.2. Proceedings to determine capacity.

PROBABLY CAUSE THAT A DESIGNATED FELONY ACT WAS COMMITTED:

(c) If the court finds that there is probable cause to believe that the respondent has committed a designated felony act, the court shall require that treatment be provided in a residential facility within the appropriate office of the department of mental hygiene or in an outpatient facility if the commissioner having custody of the child petitions the court such court approves.
(d) The commissioner shall review the condition of the respondent within _________ after the respondent is committed to the custody of the commissioner.

He or she shall make a second review within ______ after the respondent is committed to his or her custody. Thereafter, he or she shall review the condition of the respondent every ninety days. The respondent and the counsel for the respondent, shall be notified of any such review and afforded an opportunity to be heard.

The commissioner having custody shall apply to the court for an order dismissing the petition whenever he or she determines that there is a substantial probability that the respondent will continue to be incapacitated for the foreseeable future. At the time of such application the commissioner must give written notice of the application to the respondent, the presentment agency and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such application, the court may on its own motion conduct a hearing to determine whether there is substantial probability that the respondent will continue to be incapacitated for the foreseeable future, and it must conduct such hearing if a demand therefor is made by the respondent or the mental hygiene legal service within ten days from the date that notice of the application was given to them. The respondent may apply to the court for an order of dismissal on the same ground.

A

forty-five days………. ninety days

93
Q

§ 322.2. Proceedings to determine capacity.

  1. If the commissioner having custody of the child determines at any time that such child is not an incapacitated person, he shall petition the court for a hearing.

The respondent and the presentment agency shall be notified of such hearing within _________ of the scheduling of such hearing and afforded an opportunity to be heard. Application for such a hearing may be made by the respondent.

If the court finds after the hearing that the child is no longer incapacitated, he shall be returned to the family court for further proceedings pursuant to this article.

A

twenty-four hours

94
Q

PROBABLE CAUSE HEARING - Sec. 325.1,

The court (MUST/MAY schedule a “probable cause” hearing when a respondent denies a charge contained in the petition and he is to be DETAINED for more than ___________ pending a fact-finding hearing.

The hearing may be waived by the respondent.

A

MUST…………..THREE DAYS

95
Q

PROBABLE CAUSE HEARING -

(1) The hearing must be held within __________ of the initial appearance or within_______ days of the filing of a petition, whichever occurs sooner.
(a) The hearing may be adjourned for up to _________ days for good cause shown.

A

three days …….. four………… three additional

96
Q

Time of fact-finding hearing -

If the respondent is “in detention” and the highest count in the petition charges a CLASS A, B OR C FELONY, the fact finding hearing shall commence not more than _________ after the conclusion of the initial appearance

A

FOURTEEN (14) DAYS

97
Q

Time of fact-finding hearing -

If the respondent is “in detention” and the highest count in the petition charges less than a CLASS C FELONY, the fact finding hearing shall commence not more than _________ after the conclusion of the initial appearance

A

THREE (3) DAYS

98
Q

Time of fact-finding hearing -

If the respondent is “not in detention”, the fact finding hearing shall commence not “ more than _________ after the conclusion of the initial appearance

A

SIXTY (60) DAYS

99
Q

Time of fact-finding hearing -

The fact finding hearing may be adjourned on the court’s own motion or on motion of the presentment agency for ________ if the respondent is in detention and for __________ if he is not in detention

A

THREE (3) DAYS………….. THIRTY (30) DAYS

FUTURECLERK HINT:
ADJ = 3 LETTERS FOR 3 DAYS
Add a “0” for being Out of custody 30 DAYS

100
Q

Time of fact-finding hearing -

On motion of the RESPONDENT, the adjournment shall be not more than ____________

A

THIRTY (30) DAYS

101
Q

Time of fact-finding hearing -

On the court’s own motion adjournment will not be granted for more than________ FOR AN ACOD

A

SIX (6) MONTHS

102
Q

EVIDENCE -
The FCA provides statutory rules concerning the introduction of the following:

(1) Testimony of Children - Sec. 343.1, there is a REBUTTABLE presumption under the law that children more than _____ years old MAY testify under oath, unless the court is satisfied that the child cannot understand the nature of the oath.

A

9

103
Q

347.1- Required testing of the respondent in certain proceedings-

In any proceeding where the respondent is found to have committed a Sexual Felony Offense for which the act of oral, anal or general sexual intercourse ,the court must upon request of the victim order the respondent to submit to HIV related testing.

Test results shall not be disclosed to the court, but shall be communicated to___________ AND _____

Any such request made by the victim must be in writing and made within ________ after the filing of the fact finding order

A

the respondent and the victim…….TEN (10)DAYS

104
Q

DISPOSITIONAL HEARING - Time for hearing -

350.1- If the respondent is detained and has not been found to have committed a designated felony act, the dispositional hearing shall commence not more than _________ after the entry of the fact finding order

In all other cases which includes detained upon a designated felony act or not detained at all, the dispositional hearing shall commence not more than _________ from the entry of the fact finding orde

A

TEN (10) DAYS………… FIFTY (50) DAYS

REMEMBER: DISPO = 10-50-50

105
Q

DISPOSITIONAL HEARING - Time for hearing -

The court may adjourn the dispositional hearing on its own motion or on motion of the presentment agency for up to ________ or on motion of the respondent for up to __________
The court may not grant successive adjournments unless ___________ exist.

A

TEN (10) DAYS……… THIRTY (30) DAYS….. special circumstances

106
Q

350.2- Order of removal

The date of the filing of an order of removal from criminal court (CPL 725) shall be considered the date of filing of the proceeding in family court.

The clerk of the court (yes you) shall calendar an appearance to be held within __________ of the date of the order, at such appearance a dispositional hearing will be schedule

A

SEVEN (7) DAYS

107
Q

PROBATION REPORTS - Sec. 351.1,

All reports and assessments shall be made available for inspection and copying by the presentment agency as well as the respondent at least ________ prior to the commencement of the dispositional hearing

A

FIVE (5) COURT DAYS

108
Q

DISPOSITIONAL ALTERNATIVES - Sec 352.2,

The term of order can be for ___________ , but may be for less time.

A

UP TO ONE YEAR

109
Q

DISPOSITIONAL ALTERNATIVES -

(2) Probation - Sec 353.2

The court may order a period of probation, which shall not exceed _______ , however the court may extend it if circumstances require for ________

A

TWO (2) YEARS….. ONE (1) ADDITIONAL YEAR

PROBATION = 2 + 1

110
Q

DISPOSITIONAL ALTERNATIVES -
(3) Placement - Sec. 353.3, the court may “place” the respondent in the custody of a suitable relative, in his own home, with the commissioner of social services, or with the office of children and family services (OCFS).

When the respondent is placed with the office of children and family services, the court shall authorize the office to do one of the following:

  1. Place the respondent in a secure facility without further hearing at any time or from time to time in the first ________ of residency in office of children
    and family service facilities
  2. Place the respondent in a limited secure facility. The respondent can be
    transferred to a secure facility if necessary but not until the passage of _________ , unless he commits acts which are exceptionally dangerous
  3. Place the respondent in a non secure facility
A

SIXTY(60)DAYS …………… TWENTY(20)DAYS

111
Q

DISPOSITIONAL ALTERNATIVES -

The respondent may be initially placed for up to ________ if he committed a felony

A

18 months

112
Q

DISPOSITIONAL ALTERNATIVES -

The respondent may be initially placed for up to ________ if he committed a MISDEMEANOR

A

12 MONTHS

113
Q

DISPOSITIONAL ALTERNATIVES -

PLACEMENT

Where the respondent is placed and the agency is NOT seeking an extension of placement, such report shall be submitted not later than __________ prior to the conclusion of placement

A

THIRTY(30)DAYS

114
Q

DISPOSITIONAL ALTERNATIVES -

PLACEMENT

Where the respondent is placed and the agency is seeking an extension of placement, and a permanency hearing, such report shall be submitted not later than __________ prior to the date upon which the permanency hearing must be held

A

SIXTY(60)DAYS

115
Q

DISPOSITIONAL ALTERNATIVES -

PLACEMENT

The placement can be extended under FCA Sec. 355.3 for an additional __________ period.

A

one-year

116
Q

Restrictive Placement

When the order for restrictive placement is for a youth found to have committed a designated class A felony act ,the respondent shall be placed for initial period of ________ , which shall include being confined in a secure facility for at least _________but not more than _______________

A

FIVE (5) YEARS….. TWELVE (12) ……………. EIGHTEEN (18) MONTHS

117
Q

Restrictive Placement

When the order for restrictive placement is for a youth found to have committed a designated felony act, other than a class A felony act, the respondent shall be placed for Period of ________, which shall include being confined in a secure facility for at least ________ but not more than ___________

A

THREE (3) YEARS…………. six (6)…… twelve (12) months

118
Q

Restrictive Placement

When the order for restrictive placement is for a youth found to have committed a designated felony act, other than a class A felony act, the respondent shall be placed for Period of ________, which shall include being confined in a secure facility for at least ________ but not more than ___________

A

THREE (3) YEARS…………. six (6)…… twelve (12) months

119
Q

Restrictive Placement

The court (MUST/MAY) order a restrictive placement whenever the respondent inflicted SERIOUS PHYSICAL INJURY against a person ______ old or older, as that term is defined in Penal Law Sec. 10(10).

A

MUST….. 62 years

120
Q

353.6- RESTITUTION

At the conclusion of the dispositional hearing in cases involving respondents over _______ YEARS OLD restitution in an amount not to exceed _________dollars may be directed as well as direction to perform services for the public good

A

TEN (10) YEARS OLD…….. 1500.00

121
Q

353.6- RESTITUTION

If the court requires restitution or services for the public good as a condition of probation or conditional discharge, it shall designate a person or agency to supervise the restitution and shall report to the court at least every _______

A

SIX(6)MONTHS

122
Q

RETENTION OF FINGERPRINTS: 354.1

Adjudication of JD for Felony - Notification to DCJS of finding- In cases where the respondent was fingerprinted pursuant to 306.1, the court is required to notify DCJS of an adjudication that the respondent was found to have committed a felony (or when the respondent was only _______ years old, the notification must be sent only when the finding was for an _____ OR ______ Felony).

A

11 or 12…….. A or B

123
Q

55.2 New hearing; staying, modifying or terminating an order - Motion procedures

A motion for this relief above must be in ________.

If the motion is denied, a motion requesting the same or similar relief cannot be filed for a period of Ninety ________ after such denial, unless the order of denial permits renewal at an earlier time.

A

Writing…. (90) days

124
Q

355.3- Extension of placement

The commissioner of social services or the division for youth may petition the court for an extension of placement at least _________ prior to the expiration of the current period of placement. The court will hold a hearing and may extend such placement for a period not to exceed _________

Temporary extensions may be made

A

SIXTY (60) DAYS……… ONE (1) YEAR.

125
Q

355.3- Extension of placement

* ln the case of a respondent who has attained the age of ______ , the court must consider the services needed if any,to assist the child in making the transition from foster care to independent living*

A

Sixteen (16)

126
Q

355.3- Extension of placement

Successive extensions of placement may be made, but not to go beyond the respondents’ _______without the child’s consent and in no event past the child’s _______ birthday

A

Eighteenth birthday …….. Twenty-first

127
Q

355.5- Permanency hearing

The initial permanency hearing shall be held not less than __________ after the respondent was placed with the commissioner of social services or with foster care

Subsequent permanency hearings shall be held no later than every ________ following the respondent’s initial permanency hearing, but in no event past the respondent’s _________ birthday; provided, however, that they shall be held in conjunction with an extension of placement hearing

A

TWELVE (12) MONTHS……. TWELVE (12) MONTHS……… twenty-first

128
Q

355.5- Permanency hearing

A respondent is considered to have entered foster care __________ after being removed from his home

A

SIXTY (60) DAYS

129
Q

355.5- Permanency hearing

A petition for an initial or subsequent permanency hearing shall be filed by the office of children and family services or by the commissioner of social services no later than __________ prior to the end of the month in which the initial or subsequent
permanency hearing must be held

A

SIXTY (60) DAYS

130
Q

PART 7-SECURING TESTIMONY AND RECORDS
375.1- Order upon termination of a delinquency action in favor of the respondent

Upon the termination of a delinquency proceeding against a respondent in favor of such
respondent, unless the presentment agency or the court on its own motion with not less
than __________ notice to such respondent demonstrates that the interests of
justice require otherwise then the records of such action or proceeding shall be sealed

A

EIGHT (8) DAYS

131
Q

375.2- Motion to seal after a finding

A motion can be made to seal the appropriate records in an action that has resulted in a
finding of delinquency other than a finding that the respondent committed a designated
felony act

Such motion must be in writing upon _______ notice to the presentment agency whose answering affidavits shall be served not less ___________ before motion is returnable

Such a motion cannot be filed until the respondent’s ___________ BIRTHDAY*

A

EIGHT (8) DAYS ……… TWO (2) DAYS

This is similar to 8-2-0 (time for a motion in CPLR)

EIGHTEEN (18)

132
Q

PART 7-SECURING TESTIMONY AND RECORDS

375.2- Motion to seal after a finding

A motion can be made to seal the appropriate records in an action that has resulted in a
finding of delinquency other than a finding that the respondent committed a designated
felony act

Such motion must be in writing upon _______ notice to the presentment agency whose answering affidavits shall be served not less ___________ before motion is returnable

Such a motion cannot be filed until the respondent’s ___________ BIRTHDAY*

A

EIGHT (8) DAYS ……… TWO (2) DAYS

This is similar to 8-2-0 (time for a motion in CPLR)

EIGHTEEN (18)

133
Q

PART 7-SECURING TESTIMONY AND RECORDS

375.2- Motion to seal after a finding

(NEW)
Where an order of fact-finding has been issued that includes solely a violation committed by a juvenile __________ years of age, the records shall be sealed automatically at the expiration, as applicable, of a successful period of an adjustment, adjournment in contemplation of dismissal or conditional discharge

A

seventeen

134
Q

385.2- Consolidation of records within a city having a population of one million or more

In cities having a population of ___________ or more, the index of records of the local probation department shall be filed and consolidated in the central office for use by the family court and the probation service

A

one million

135
Q

Post-Placement Report (FCA 353.3)-

The agency must submit a report to the court and law guardian prior at a defined time period prior to the expiration of the placement order.

The report must be issued ________ prior to the expiration of the placement order if the agency is not seeking to extend the placement and _________ if the agency is seeking to extend the placement order.
The same ASFA determinations must be made as with all placement orders and the court must hold a permanency hearing under FCA 355.5 (required every __________ MONTHS, (as opposed to every six months under Article 10).

A

30 days ……….. 60 days prior……… 12 months

136
Q

§ 330.1. Bill of particulars.

  1. Bill of particulars upon request. Upon a timely request for a bill of particulars by a respondent, the presentment agency shall within ______ of the service of the request or as soon thereafter as is practicable, serve upon the respondent or his or her attorney and file with the court, the bill of particulars, except to the extent the presentment agency refuses to comply.
A

fifteen days

137
Q

§ 330.1. Bill of particulars.

Timeliness of request. A request for a bill of particulars shall be timely if made within _______ after the conclusion of the ________ and _______ commencement of the fact-finding hearing.

If the respondent is not represented by counsel, and has requested an adjournment to retain counsel or to have counsel appointed, the thirty-day period shall commence, for the purposes of a request for a bill of particulars by the respondent, on the date counsel initially appeared on respondent’s behalf. However, the court may direct compliance with a request for a bill of particulars that, for good cause shown, could not have been made within the time specified.

A

thirty days ……….. initial appearance…….. initial appearance

138
Q

§ 330.1. Bill of particulars.

Request refused. Such refusal shall be made _______, which shall set forth the grounds of such belief as fully as possible, consistent with the reason for the refusal. Within________ of the request or as soon thereafter as practicable, the refusal shall be served upon the respondent and a copy shall be filed with the court.

A

in writing….. fifteen days

BY THE NUMBERS (1 decks)

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