Review Flashcards
352.2- Order of disposition.
The court shall enter an order of disposition as follows:
A CoP PReP
352.2- Order of disposition.
The court shall enter an order of disposition as follows:
A CoP PReP
352.2- Order of disposition.
The court shall enter an order of disposition as follows:
- ACOD six months
Conditional discharge - Probation
- Place respondent on probation
Restrictive placement
A CoP PReP
352.2- Order of disposition.
The court shall enter an order of disposition as follows:
Conditional discharge
Conditionally discharge the respondent subject to the conditions determined by the court
Probation
Place respondent on probation
Place the respondent
Place the respondent in custody of a suitable relative, commissioner of social services or division for youth and continuing the proceeding
Restrictive placement
Continue the proceeding and place the respondent under restrictive placement
A CoP PReP
***841- Orders of disposition
At the conclusion of the dispositional hearing, the court may enter an order:***
_________ the petition if the allegations are not established
Suspending judgment for up to ____________
Placing the respondent on probation for a period not exceeding __________ AND requiring the respondent to participate in a batterer’s education program
Order of Protection for up to _______________ or in the event of aggravating circumstances or in violation of a prior order of protection, up to __________
Direct payment of restitution in an amount not to exceed $___________
***841- Orders of disposition
A
Dismissing……..SIX (6) MONTHS……… ONE (1) YEAR ……… TWO (2) YEARS………FIVE (5) YEARS…….. 10,000 DOLLARS
SPOR
749- Adjournment after fact-finding hearing or during dispositional hearing.
On its own motion, the court may adjourn the matter after the fact finding hearing but before the conclusion of the dispositional hearing when necessary.
Such general adjournment shall be for no more than ______________ when the respondent is in pre-dispositional placement, in which case not more than a total of ________ such adjournments may be granted in the absence of special circumstances
If not in pre-dispositional placement such adjournments may be for a reasonable time not to exceed ______________
749- Adjournment after fact-finding hearing or during dispositional hearing.
On its own motion, the court may adjourn the matter after the fact finding hearing but before the conclusion of the dispositional hearing when necessary.
Such general adjournment shall be for no more than ______________ when the respondent is in pre-dispositional placement, in which case not more than a total of ________ such adjournments may be granted in the absence of special circumstances
If not in pre-dispositional placement such adjournments may be for a reasonable time not to exceed ______________
A
TEN (10) DAYS…two…… TWO (2) MONTHS
Upon an adjudication of a PINS, the court shall enter an order of disposition:
-ACOD for a period of __________
- Discharging the respondent with _________
_____________ judgment
- Continuing the proceeding and “___________ “ the respondent unless the respondent is age ___________ or older, though a __________ old can be placed in special circumstances
- Put the respondent on ________
Six months….. warning…….. Suspending ……… placing…….. Sixteen …… sixteen year……… probation
832- Definition of “fact-finding hearing”
The fact finding hearing is to determine whether the allegations of the petition are supported by a “____________________”
fair preponderance of the evidence” (F. POE)
834- Evidence
Only evidence that is __________________ may be admitted at the fact finding hearing
Only evidence that is ________________ may be admitted at the dispositional hearing
FACT FINDING: C MR F. POE
DISPOSITION: MR (POE? MAYBE?)
712- Definitions:
Dispositional hearing-
A hearing to determine whether the respondent requires __________ or ___________
supervision or treatment
749- Adjournment after fact-finding hearing or during dispositional hearing.
Upon or after a fact finding hearing, the court may upon its own motion or upon motion of a party to the proceeding, order that the proceeding be “adjourned in contemplation of dismissal”.
An ACOD shall be for a period not to exceed _____________
SIX (6) MONTHS.
775- Order on hearing.
After a hearing on a petition for transfer the court may:
Dismiss the petition
Grant the petition and transfer the respondent to another institution
Terminate the prior order of placement and discharge the respondent or place him on probation
If the court grants the petition and orders placement, the respondent shall thereupon be transferred to the custody of the person, agency or institution provided by the court’s order.
775- Order on hearing.
After a hearing on a petition for transfer the court may:
Dismiss the petition
Grant the petition and transfer the respondent to another institution
Terminate the prior order of placement and discharge the respondent or place him on probation
If the court grants the petition and orders placement, the respondent shall thereupon be transferred to the custody of the person, agency or institution provided by the court’s order.
- Time of fact-finding hearing.
If the respondent is in pre-dispositional placement, a fact-finding hearing shall commence not more than __________ after the filing of a petition under this article
three (3) days
747 Time of fact-finding hearing.
If the respondent is in pre-dispositional placement, a fact-finding hearing shall commence not more than __________ after the filing of a petition under this article
three (3) days
755- Suspended judgment.
The maximum term of any suspended judgment is _____________, but exceptional circumstances may allow for an additional period of _______________
The court may order attendance at and completion of an alcohol awareness program if alcohol was a contributing factor
ONE (1) YEAR…….. ONE (1) YEAR
757- Probation.
The maximum period of probation shall not exceed _____________ , exceptional circumstances may require an additional ___________ of probation
An __________ awareness program may also be ordered
A
ONE (1) YEAR………… alcohol
Remember: 1 + 1
1039- Adjournment in contemplation of dismissal
Such an ACOD is an adjournment of the proceedings for a period not to exceed ____________ .
Upon the consent of the petitioner, respondent and child’s attorney, the court may issue an order extending such period for a time agreeable by the parties
ONE(1)YEAR
1036- Service of summons
In cases involving _____________ the petition and summons shall be served within ____________ after their issuance. If they cannot be served within that time such facts must be reported to the court within __________ after their issuance, and the court shall thereafter issue a warrant unless process is sent without the state
abuse…………. TWO (2) COURT DAYS…… THREE (3) COURT DAYS
1022- Preliminary orders of court before petition filed
Except for good cause shown or unless the child is sooner returned to the place where he or she was residing, a petition shall be filed under this article within _________ of the issuance of the order
The court shall hold a 1027 hearing no later than ____ _________ following the filing of the petition if the respondent was not present, or was present and unrepresented by counsel, and has not waived his or her right to counsel, for the hearing pursuant to this section.
three court days…….. the next court day
1046- Evidence
FACT FINDING = ___________
DISPOSITIONAL = __________
C MR POE ………. MR
1054- Release to non-respondent parent or legal custodian or guardian.
The duration of any period of supervision and/or release under this section shall be for an initial period of no more than ___________ , and at the expiration of the period for good cause shown, the court may make successive extensions of such supervision of up to ____________ EACH.
1054- Release to non-respondent parent or legal custodian or guardian.
The duration of any period of supervision and/or release under this section shall be for an initial period of no more than ___________ , and at the expiration of the period for good cause shown, the court may make successive extensions of such supervision of up to ____________ EACH.
1054- Release to non-respondent parent or legal custodian or guardian.
SUPERVISION and/or release =_____________
1 YEAR + 1 YEAR extensions
1036- Service of summons
In cases involving either abuse or neglect, the court may send process outside of the state in the same manner and with the same effect as process sent within the state to exercise personal jurisdiction of a person subject to the jurisdiction of the court
In cases involving ______________ where service upon a non resident is required; such service shall be made within ___________ after its issuance
abuse ………………….. TEN (10) DAYS
1035- Issuance of summons; notice to certain interested persons and intervention
CHILD REMOVED = APPEAR IN ________ COURT DAYS
CHILD NOT REMOVED = APPEAR IN ___________ COURT DAYS
3…7
1095- Fact finding and disposition
The court shall sustain the petition and make a finding that the child is destitute if, based upon a _____________________ presented, the court finds that the child meets the definition of a destitute child
A
preponderance of competent material and relevant evidence
C MR POE
1111- Appeals to appellate division
An appeal may be taken to the ___________________ of the Supreme Court of the Judicial Department in which the family court whose order is appealed from is located
Appellate Division
