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Senior Clerk Exam Prep > Mental Hygiene Law > Flashcards

Mental Hygiene Law Flashcards

1
Q

MHL 10
If the case review team finds that a respondent is a sex offender requiring civil management, then the attorney general may file a sex offender civil management petition in the supreme court or county court of which county?
A. County where respondent is employed
B. Any county in NYS
C. County of birth of respondent
D. County where respondent is located

A

D. County where respondent is located

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2
Q

MHL 10
When the court issues a confinement order, the hearing shall commence no later than ___ hours from the date of the respondent’s return
A.144
B.72
C.24
D.24

A

B. 72

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3
Q

MHL 10

If the case review team finds that a respondent is a sex offender requiring civil management, then the attorney general may file a sex offender civil management petition in the supreme court or county court of which county?
A. County where respondent is employed
B. Any county in NYS
C. County of birth of respondent
D. County where respondent is located

A

C Respondent and attorney general

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4
Q

MHL 10.08

In preparing for or conducting any hearing or trial pursuant to the provisions of this article, and in preparing any petition under the provisions of this article, the respondent shall have the right to have counsel and the
shall represent
the state
A. Secretary of State
B. District Attorney
C. Legal services
D. Attorney general

A

D. Attorney general

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5
Q

MHL 10.06
The attorney general shall seek to file the petition within days after receiving notice of the case review team’s finding, but failure to do so within that period shall not affect the validity of the petition
A. 10
В. 15
С. 30
D. 45

A

D.45

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6
Q

MHL 10
If person in custody of the commissioner pursuant to an order issued this article, escapes from custody, notice of such escape shall be given to:
A. The sheriff and police department of county where escape occurred
B. Any victim who submitted notification form described in sub 4 of CPL 380.50
C. Any other person the committing court may designate
D. All of the above

A

D all of the above

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7
Q

MHL 10.13
Who may appeal from any final order entered pursuant to this article (MHL10)
A. The respondent and the Secretary of State
B. The respondent
C. The respondent and the attorney general
D. None of the above

A

C. The respondent and the attorney general

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8
Q

MHL 10.07
The jury, or the court if a jury trial is waived, shall determine by
_ EVIDENCE and determination, if made by the jury, must be by
VERDICT
A. Clear and convincing ….. unanimous
B. Proof beyond a reasonable doubt
majority
C. Preponderance of the evidence
….. majority
D. None of the above
MHL 10.07

A

A. Clear and Convincing… unanimous

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9
Q

MHL 10
Within___ days after the court determines that there is
probable cause to believe that the respondent is a sex offender requiring civil management, the court shall conduct a JURY trial to determine whether the respondent is a detained sex offender who suffers from a mental abnormality
A. 20
B. 30
С. 45
D. 60
MHL10

A

D.60

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10
Q

MHL 10
The jury, or the court if a jury trial is waived, shall determine by____
and a determination, if made by the jury, must be by unanimous verdict
A. Proof beyond a reasonable doubt
B. Reasonable belief
C. Preponderance of the evidence
D. Clear and convincing evidence

A

D. Clear and convincing evidence

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11
Q

MHL 10
If a person in custody of the commissioner pursuant to an order issued under this article, escapes from custody, notice of such escape shall be given to:
A. The DA of county where person was convicted, adjudicated, or charged
B. The attorney general and counsel for respondent or the mental hygiene legal service
C. The superintendent of the state police
D. All of the above

A

D. All of the above

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12
Q

MHL 10.06
TRUE OR FALSE
Within 30 days after the sex offender civil management petition is filed, or within such longer period as to which the respondent may consent, supreme court or county court before which the petition is pending shall conduct a hearing without a jury to determine whether there is probable cause to believe that the respondent is a sex offender requiring civil management
MHL 10.06

A

True

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13
Q

MHL 10.08

TRUE OR FALSE
In preparing for or conducting any hearing or trial pursuant to the provisions of this article, and in preparing any petition under the provisions of this article, the respondent shall have the right to have counsel and the attorney general shall represent the state
MHL 10.08

A

True

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14
Q

MHL 10.13
Both the respondent and the attorney general may appeal from any final order entered pursuant to this article

A

True

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15
Q

MHL 10.06
Within 90 days after sex offender civil management petition is filed, or within such longer period as to which respondent may consent, supreme court or county court before which petition is pending shall conduct a hearing without a jury to determine if there is probable cause to believe that the respondent is a sex offender requiring civil management

A

FALSE
Within 30 DAYS after sex offender civil management petition is filed, or within such longer period as to which respondent may consent, supreme court or county court before which petition is pending shall conduct a hearing without a jury to determine if there is probable cause to believe that the respondent is a sex offender requiring civil management

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16
Q

MHL 10.06
True or False
The attorney general shall seek to file the petition within 60 days after receiving notice of the case review team’s finding, but failure to do so within that period shall not affect the validity of the petition

A

FALSE
The attorney general shall seek to file the petition within
30 DAYS after receiving notice of the case review team’s finding, but failure to do so within that period shall not affect the validity of the petition

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17
Q

MHL 10.07
Within TEN DAYS after the court determines that there is probable cause to believe that the respondent is a sex offender requiring civil management, the court shall conduct a JURY trial to determine whether the respondent is detained sex offender who suffers from a mental abnormality

A

FALSE
Within SIXTY DAYS after the court determines that there is probable cause to believe that the respondent is a sex offender requiring civil management, the court shall conduct a JURY trial to determine whether the respondent is detained sex offender who suffers from a mental abnormality

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18
Q

MHL 10.06
The attorney general shall seek to file the petition within 60 days after receiving notice of the case review team’s finding, but failure to do so within that period shall not affect the validity of the petition

A

FALSE
The attorney general shall seek to file the petition within 30 DAYS after receiving notice of the case review team’s finding, but failure to do so within that period shall not affect the validity of the petition

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19
Q

MHL 10.07
The jury, or the court if a jury trial is waived, shall determine by CLEAR AND CONVINCING EVIDENCE and a determination, if made by the jury, must be by UNANIMOUS verdict

A

True

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20
Q

MHL 10.07
Within SIXTY DAYS after the court determines that there is probable cause to believe that the respondent is a sex offender requiring civil management, the court shall conduct a non-jury trial to determine whether the respondent is a detained sex offender who suffers from a mental abnormality

A

FALSE
Within SIXTY DAYS after the court determines that there is probable cause to believe that the respondent is a sex offender requiring civil management, the court shall conduct a JURY trial to determine whether the respondent is a detained sex offender who suffers from a mental abnormality

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21
Q

MHL 10.08
In preparing for or conducting any hearing or trial pursuant to the provisions of this article, and in preparing any petition under the provisions of this article, the respondent shall have the right to have counsel and the Secretary of State shall represent the state

A

FALSE
In preparing for or conducting any hearing or trial pursuant to the provisions of this article, and in preparing any petition under the provisions of this article, the respondent shall have the right to have counsel and the ATTORNEY GENERAL shall represent the state

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22
Q

MHL 10.06
If the case review team finds that a respondent is a sex offender requiring civil management, then the attorney general may file a sex offender civil management petition in the supreme court or county court of the county where the respondent is located

A

True

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23
Q

MHL 10.06
When a court issues a confinement order, the hearing shall commence no later than 72 hours from the date of the respondent’s return

A

True

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24
Q

MHL 10.07 If the jury is unable to render a unanimous verdict, the court shal continue any commitment order previously issued and schedule :
second trial to be held within sixty days

A

True

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25
Q

MHL 10.07
The jury, or the court if a jury trial is waived, shall determine by CLEAR AND CONVINCING EVIDENCE and a determination, if made by the jury, must be by UNANIMOUS verdict

A

True

26
Q

MHL 10.05
When it appears to an agency with jurisdiction that a person who may be a detained sex offender is nearing an anticipated release from confinement, the agency shall give notice of that fact to the DA and to the commissioner of mental health

A

FALSE
When it appears to an agency with jurisdiction that a person who may be a detained sex offender is nearing an anticipated release from confinement, the agency shall give notice of that fact to the ATTORNEY GENERAL and to the commissioner of mental health

27
Q

MHL 10.06
Within 10 days after attorney general files a sex offender civil management petition, respondent may file in same court a notice of removal to county of underlying criminal sex offense charges. Attorney general may, in court where petition is pending, move for a retention of venue. Motion shall be made within 5 days after attorney general is served with notice of removal, which time may be extended for good cause

A

True

28
Q

MHL 10.05

When it appears to an agency with jurisdiction that a person who may be detained sex offender is nearing as anticipated release from confinement, the agency shall give notice of that fact to the attorney general and to the commissioner of mental health

A

True

29
Q

MHL 10.06

When a court issues a confinement order, the hearing shall commence no later than seventy-two hours from the date of the respondent’s return

A

FALSE
When a court issues a confinement order, the hearing shall commence no later than seventy-two hours from the date of the respondent’s return

30
Q

MHL 10.13

Both the respondent and the attorney general may appeal from any final order entered pursuant to this article

A

True

31
Q

MHL 10.06

If the case review team finds that a respondent is a sex offender requiring civil management, then the attorney general may file a sex offender civil management petition in the supreme court or county court of any county of the state

A

FALSE
If the case review team finds that a respondent is a sex offender requiring civil management, then the attorney general may file a sex offender civil management petition in the supreme court or COUNTY COURT OF THE COUNTY WHERE THE RESPONDENT IS LOCATED

32
Q

My 10.07

If the jury is unable to render a unanimous verdict, the court shall continue any commitment order previously issued and schedule a second trial to be held within sixty days

A

True

33
Q

MHL 81

Which of the following statements is false?

A. Unless the court, for good cause shown, orders otherwise, a proceeding under this article is entitled to a preference over : other causes in the court
B. Unless the court, for good cause shown, orders otherwise, th hearing or trial shall be conducted as per MHL 81.07
C. A decision shall be rendered within 7 days after the hearing, unless for good cause shown, the court extends the time period for rendering the decision
D. The commission shall be issued to the guardian within 45 da after the decision is rendered

A

D

34
Q

MHL 81
Which is the following is NOT correct?

A. An incapacitated person for whom a guardian has been appointed retains all powers and rights except those powers and rights which the guardian is granted
B. The appointment of a guardian shall not be conclusive evidence that the person lacks capacity for any other purpose, including the capacity to dispose of property by will
C. Title to all property of the incapacitated person shall be in the guardian
D. The property shall be subject to the possession of the guardi: and the control of the court for the purposes of administratic

A

C

35
Q

MHL 81

Which of the following statements is not correct?
The clerk of the court shall issue a commission (guardian of an incapacitated person) which shall state:
A. The title of the proceeding and the name, address, and telephone number of the incapacitated person; and
B. The name, address, and telephone number of the attorney and the attorney and the specific powers of such guardian; and
C. The date when the appointment of the guardian was ordered by the court; and
D. The date on which the appointment terminate if one has been ordered by the court

A

B

36
Q

MHL 81
Which of the following statements is not correct?

A. Determination that the appointment of a guardian is necessary for a person alleged to be incapacitated shall be made only after a hearing
B. At the time of the issuance of the order to show cause, the court shall appoint a court evaluator
C. The court shall appoint counsel unless the court is satisfied that the alleged incapacitated person is represented by couns of his or her own choosing
D. The court shall appoint as counsel the mental hygiene legal service in the judicial department where the residence is located

A

D. The court shall appoint as counsel the mental hygiene legal service in the judicial department where the residence is located

37
Q

MHL 81

Which of the following is false?
A proceeding under this article shall be brought in:

A. The supreme court within the judicial district, or
B. County court of the county in which the person alleged to be incapacitated resides, or is physically present, or
C. The surrogate’s court having jurisdiction pursuant to sub (B) of 81.04 of this article
D. The court of claims within the judicial district

A

D. the court of claims with the judicial district

38
Q

MHL 81
Which of the following is not correct?
A guardian means:

A. Any person
B. A corporation, or a public agency, including a local department of social services, appointed in accordance with terms of this article by the supreme court
C. The county court to act on behalf of an incapacitated person in providing for personal needs and/ or for property management
D. The surrogate’s court to act on behalf of an incapacitated person in providing for personal needs and/ or for property management

A

A. Any person

39
Q

MHL 81

Which of the following id false?
A proceeding under this article (MHL 81) shall be brought in:
A. The supreme court within the judicial district, or
B. County court of the county in which the person alleged to be incapacitated resides, or is physically present, or
C. The surrogate’s court having jurisdiction pursuant to sub (b)
81.04 of this article
D. The court of claims within the judicial district

A

D. The court of claims within the judicial district

40
Q

MHL 81

The supreme court, and the county courts outside the city of New York, shall have the power to provide the relief set forth in this article:
1. For a resident of the state;
2. For a nonresident of the state present in the state;
3. For a nonresident of the state pursuant to section 81.18 of this article (Foreign guardian for a person not present in the state)
A. 1 only
B. 1 and 2 only
C. 1, 2 and 3
D. 1 and 3 only

A

C. 1,2, and 3

41
Q

MHL 81

Which of the following statements is false?
A. Unless the court, for good cause shown, orders otherwise, a proceeding under this article is entitled top a preference over all other causes in the court
B. Unless the court, for good cause shown, orders otherwise, the hearing or trial shall be conducted within 28 days from the date of the signing of the order to show cause
C. A decision shall be rendered within 7 days after the hearing, unless for good cause shown, the court extends the time period for rendering the decision
D. The commission shall be issued to the guardian within 45 days after the decision is rendered

A

D. The commission shall be issued to the guardian within 45 days after the decision is rendered

42
Q

MHL 81
The supreme court, and the county courts outside the city of New York, shall have the power to provide the relief set forth in this article:
1. For a resident of the state
2. For a nonresident of the state present in the state
3. For a nonresident of the state pursuant to section 81.18 of this article (Foreign guardian for a person not present in the state)
A. 1 only
B. 1 and 2 only
C. 1, 2 and 3
D. 1 and 3 only

A

C.1,2, and 3

43
Q

MHL 81

Which of the following statements is not correct?
The clerk of the court shall issue a commission (guardian of an incapacitated person) which shall state:
A. The title of the proceeding and the name, address, and telephone number of the incapacitated person; and
B. The name, address, and telephone number of the attorney and the specific powers of such guardian; and
C. The date when the appointment of the guardian was ordered by the court; and
D. The date on which the appointment terminates if one has been ordered by the court

A

B. The name, address, and telephone number of the attorney and the specific powers of such guardian; and

44
Q

MHL 81

Which of the following statements is not correct?
The clerk of the court shall issue a commission (guardian of an incapacitated person) which shall state:
A. The title of the proceeding and the name, address, and telephone number of the incapacitated person; and
B. The name, address, and telephone number of the attorney and the specific powers of such guardian; and
C. The date when the appointment of the guardian was ordered by the court; and
D. The date on which the appointment terminates if one has been ordered by the court

A

B. The name, address, and telephone number of the attorney and the specific powers of such guardian; and

45
Q

MHL 81

Which of the following statements is not correct?
A. A determination that the appointment of a guardian is necessary for a person alleged to be incapacitated shall be made after a hearing
B. At the time of the issuance of the order to show cause, the court shall appoint a court evaluator
C. The court shall appoint counsel the court is satisfied that the alleged incapacitated person is represented by counsel of his or her own choosing
D. The court shall appoint as counsel the mental hygiene legal
E. service in the judicial department where the residence is located

A

D. The court shall appoint as counsel the mental hygiene legal

46
Q

MHL 81.21
True or False

The court may authorize the guardian to manage the property and financial affairs of the incapacitated persons

A

True

47
Q

MHL 81.10
True or False
If the court appoints counsel, court must dispense with appointment of court evaluator

A

FALSE
Of the court appoints counsel, court MAY dispense with appointment of court evaluator

48
Q

MHL 81.07
True or False

Upon the filing of the petition (MHL 81), the court shall set the date on which the order to show cause is heard no more than 28 days from the date of the signing of the order to show cause

A

True

49
Q

MHL 81.14
True or False

The court shall not exclude the general public from a proceeding under this article except upon findings of good cause

A

True

50
Q

MHL 81.31
Every guardian shall file a report annually in the month of May, or at any other time upon motion or order of the court

A

True

51
Q

MHL 81.38 TRUE OR FALSE
The court may appoint an alternate and/or successive ernates to the standby guardian, to act if the standby guardian shall resign, die, be removed, discharged, suspended or become incapacitated

A

True

52
Q

MHL 81.27
True or False

The clerk of court issues a “commission” as guardian of an incapacitated person

A

True

53
Q

MHL 81.04 (a)

The courts that have jurisdiction under this MHL Article 81 are the supreme courts (within the judicial district) and civil courts (in county of residence of person). Courts have jurisdiction for both residents of the NYS or non-resident present in NYS

A

True

54
Q

MHL 81.04 (a)

The courts that have jurisdiction under this MHL Article 81 are the supreme courts (within the judicial district) and civil courts (in county of residence of person). Courts have jurisdiction for both residents of the NYS or non-resident present in NYS

A

True

55
Q

MHL 81.02 (b)
The determination of incapacity shall be based on proof beyond a reasonable doubt

A

FALSE
The determination of incapacity shall be based on
CLEAR AND CONVINCING EVIDENCE

56
Q

MHL 81.13
Unless the court, for good cause shown, orders otherwise, a proceeding under this article is entitled to a preference over all other causes in the court

A

True

57
Q

MHL 81.13
Unless the court, for good cause shown, orders otherwise, a proceeding under this article is entitled to a preference over all other causes in the court

A

True

58
Q

MHL 81.23

An injunction or temporary retraining order may, upon the application for the appointment of a guardian, in the discretion of the court, be continued for 90 days after the appointment of a guardian

A

FALSE
An injunction or temporary retraining order may, upon the application for the appointment of a guardian, in the discretion of the court, be continued for 10 DAYS after the appointment of a guardian

59
Q

MHL 81.10
Generally, a person is entitled to free counsel if he does not have resources for counsel. Also, court shall appoint counsel in listed circumstances, and may appoint counsel even if person refuses counsel

A

True

60
Q

MHL 81.33

An intermediate report may be filed at the request of the guardian only

A

False
An intermediate report may be filed at the request of the guardian or on order of the court

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