Article 1 Family Court Established

Question 1

FCA 112
The Family Court Act applies in:
(a) In counties with population of 250,000 or more
(b) In counties with population of 500,000 or more
(c) NYC and all major cities within the state
(d) All counties of the state

Answer 1

(d) FCA 112
The Family Court Act applies in all counties of the state and is established in each county of the state as part of the UCS. Population has absolutely no effect in the application of this section.

Question 2

FCA 114/115
The Family Court is a court of:
(a) exclusive original jurisdiction
(b) original and appellate jurisdiction
(c) jurisdiction concurrent with the criminal
courts in most matters
(d) concurrent with the supreme court in all
matrimonial matters

Answer 2

(a) FCA 114/115
(Amended, 2022)
When used in this act, “exclusive original jurisdiction” means that the proceedings over which the court has such jurisdiction must be originated in the family court in the manner prescribed in this act. Appeals from family court matters are referred to the appellate division. The family court has jurisdiction over habeas corpus, application for support, maintenance, distribution of marital property and custody in matrimonial matters when referred to the family court by the supreme court. “Other jurisdiction” is delineated in subdivisions (b) as amended effective 7/26/22, Ch. 479, L. 2022 and (c). Family court has concurrent jurisdiction with the criminal court over all family offenses as defined in article eight of the FCA.

Question 3

FCA 123/135
The correct statement(s) concerning family court judges:
(a)     they are appointed to office within the city of New York by the mayor.
(b)     they are elected to office in all counties of the state.
(c)     their term of office shall be 14 years in New York City.
(d)     their term of office in counties outside of New York City shall be 10 years.

Answer 3

(a) & (d) FCA 123/135
The mayor of the city of New York shall appoint judges of the family court in the counties (5) within the city of New York. In counties outside of the city of New York they are elected. In either case the term of election or appointment is for ten years.

Question 4

FCA 152
Each family court judge:
(1)     may administer oaths and take acknowledgments.
(2)     may designate an official of his court to do so.
(3)     may dispense with the formality of placing a minor under oath before taking his testimony.
(a)     1 only
(b)     1 & 2 only
(c)     1 & 3 only
(d)     1, 2 & 3

Answer 4

(d) FCA 152
Clearly states the power of a family court judge to administer oaths and the discretion with respect to placing a minor (one who has not attained the age of 18 years) under oath

Question 5

FCA 153-a
According to the family court act, a warrant of arrest may be executed:
(a)     on any day of the week.
(b)     on any day of the week except Sunday.
(c)     on any day of the week between the hours of 9am and 5pm.
(d)     only in a manner as prescribed by the court.

Answer 5

(a) FCA 153-a
A warrant of arrest may be executed on any day of the week, and at any hour of the day.

Question 6

 FCA 153-a (b),(c),(d),(e)
In order to effect an arrest pursuant to a Family Court warrant, a police officer:
(a)     may enter any premises without notice.
(b)     may not break and enter under any circumstances.
(c)     may use such physical force as justifiable pursuant to section 35.30 of the penal law.
(d)     must have the family court warrant in his or her possession at the time of arrest.

Answer 6

(c) FCA 153-a (b),(c),(d),(e)
In order to effect the arrest, the police officer may use such physical force as justifiable pursuant to section 35.30 of the penal law. In order to effect the arrest, the police officer may enter any premises in which he reasonably believes the subject of the warrant is present, but before such entry, he must give, or make reasonable effort to give, notice of his authority and purpose to an occupant thereof. If the officer, after giving such notice, is not admitted, he may enter such premises, and by a breaking if necessary. The officer need not have the warrant in his possession but must show it to the subject upon request as soon after the arrest as possible.

Question 7

 FCA 154 (a),(c)
Which of the following is correct regarding the process of the family court?
(a)     process may be served only in the county where the case originated.
(b)     process may be sent into any county in the state.
(c)     process may not be served without the state.
(d)     state wide process is available only in support and paternity proceedings.

Answer 7

(b) FCA 154 (a),(c)
The family court has state wide process in any matter in which it has jurisdiction. Proceedings under articles 4,5,6,8, or 10 in which an order of protection is sought or in which a violation of an order of protection is alleged, the court may send process without the state.
Note that reference to “law guardian” in subdivision (c) was changed to “attorney for the child.”

Question 8

 FCA 155-a
A desk officer in charge at a police station, county jail or police headquarters may take cash bail for an appearance before the appropriate court the next morning. When such arrest takes place in the city of New York bail shall be taken:
(a)     between the hours of 11AM & 8PM.
(b)     between the hours of 2AM & 8PM.
(c)     between the hours of 11AM & 8AM the next day.
(d)     between the hours of 2PM & 8AM the next day.

Answer 8

(d) FCA 155-a
The desk officer in charge may take cash bail provided that such arrest occurs between 11AM and 8AM of the next day, EXCEPT that in the city of New York bail shall be taken between the hours of 2PM and 8AM of the next morning.

Question 9

FCA 158 (b)
The family court may place in protective custody a person under the age 16 years who is a material witness, as provided by law. No order of protective custody may extend for a period of more than how many days?
(a)     5 days
(b)     10 days
(c)     14 days
(d)     21 days

Answer 9

(c) FCA 158 (b)
Clearly states that choice “c” is correct. All other choices are not applicable.

Question 10

FCA 158 (b)
Regarding the protective custody of a material witness under 16 years of age, the court, for good cause shown, may renew the order of protective custody for additional periods, but the total period of protective custody may not exceed how many days?
(a)     10 days
(b)     20 days
(c)     28 days
(d)     42 days

Answer 10

(d) FCA 158 (b)
The total number of days in protective custody under this section is 42 days. The initial period of protective custody is 14 days. The court may renew the order for additional periods of 14 days with the total number of days not exceeding 42.

Question 11

 FCA 175
Select the best answer: an act or omission which constitutes a violation of the terms of probation may be heard:
(a)     in the county in which the order of probation was made
(b)     in the county in which the alleged violation occurred
(c)     in either the county where the alleged violation occurred or the county in which the order of probation was made
(d)     in any county in the state of New York

Answer 11

(c) FCA 175
Choice “c” is the best answer as it states section 175 correctly.

Note new exceptions, however, eff. 10/3/12 per Ch. 470, Laws of 2012. Re: Cases brought under articles 3 and 7 which are subject to terms of Family Court Act section 176, Subdivision 2. While taken individually answers “a” or “b” are correct but are not the best answer in this particular question.

Question 12

 FCA 114
The family court has no appellate jurisdiction.

Answer 12

(T) FCA 114
The family court has “exclusive original jurisdiction” as prescribed in the family court act. Appeals are directed to the appropriate appellate division of the supreme court.

Question 13

 FCA 115 (f)
The family court has jurisdiction to suspend the driving privileges of persons who are delinquent in their child or combined child and spousal support.

Answer 13

(T) FCA 115 (f)
The family court has jurisdiction to suspend the driving privileges and license, permit, registration or authority to practice of persons who are delinquent in their child or combined child or spousal support obligations. It shall include jurisdiction over all boards, departments, authorities or offices of the state for the purpose of implementing this section of the FCA.

Question 14

FCA 116 (b)
With respect to the religion of custodial persons and agencies, whenever a child is remanded or committed by the court to any duly authorized agency, association or institution other than one supported and controlled by the state or a subdivision thereof, such commitment must be in the custody of a person or persons of the same religious faith or persuasion as that of the child.

Answer 14

(F) FCA 116 (b)
Whenever any child thus committed is placed by any such association, agency, society or institution in a family, or in the home, or in the custody of any person other than that of the child’s birth or adopted parent or parents or when so placed or paroled by the court, the placement or parole must, when practicable, meaning in this context, being without force or effect if there is a proper or suitable person or persons of the same religious faith or persuasion as that of the child. The key word is “practicable.”

Question 15

 FCA 116 (c), (d)
In appointing guardians of children, except guardian ad litems, and in granting orders of adoption, the court may appoint guardians and give custody through adoption to persons of the same religious faith or persuasion as the child.

Answer 15

(F) FCA 116 (c), (d)
The court is mandated by this section to protect and preserve the child’s religious faith and must appoint guardians of the same religious faith or persuasion as the child whenever practicable. The same holds forth for custody through adoption.

Question 16

 FCA 117 (a), (b)
There is established in the family court a “child abuse part” to be held separate and apart from all other proceedings.

Answer 16

(T) FCA 117 (a), (b)
(Amended, 2022)
There is established a “child abuse part” to be held separate and apart from all other proceedings of the court. However, the child abuse part is not prevented from hearing other cases.
There shall also be established at least one “designated felony act” part in New York City. Such part or parts shall be held separate from all other proceedings. These proceedings shall be originated in or be transferred to this part from other parts as they become known to the court.
Note: Outside the City of New York, such proceedings shall have a hearing preference over all other proceedings in the court except proceedings under Article 10 FCA (Child Protective Proceedings).
Note: Subdivision (b) is amended Eff. 12/29/22, Ch. 38, L. 2022 regarding juvenile delinquency proceedings.

Question 17

FCA 117 (c)
The chief administrator of the courts may establish one or more separate support parts in each family court for the purpose of expediting support proceedings instituted pursuant to Articles 4, 5 and 5-A.

Answer 17

(T) FCA 117 (c)
Where such separate support parts are established, all such proceedings shall be originated in or transferred to this part or parts as they are made known to the court and shall be heard by support magistrates in accordance with section 439.

Question 18

 FCA 115 (a)
The terms “mental retardation” and “intellectual disability” are interchangeable.

Answer 18

(F) FCA 115 (a)
“Mental retardation” was replaced by “intellectual disability” per amended subdivision (iv).

Question 19

 FCA 119(c)
The term “infant” or “minor” means a person who has not attained the age of 16.

Answer 19

(F) FCA 119(c)
The correct age is 18 per section 119 definitions.

Question 20

FCA 162
A waiting room with a competent person in charge shall be provided for the care of children brought to Family Court.

Answer 20

(F) FCA 162
This is not literally true. “So far as possible” is missing from the statement.

Question 21

FCA 162-a
Restraints on children under 21 are generally prohibited in the courtroom.

Answer 21

(T) FCA 162-a
Restraints include handcuffs, chains, shackles, irons or straightjackets.

Question 22

 FCA 162-a(b)
An exception to the prohibited use of restraints include the prevention of physical injury to the child by the child.

Answer 22

(T) FCA 162-a(b)
Physical injury to another by the child is also included as an exception.

Question 23

 FCA 162-a(b)
If the child is physically disruptive in the courtroom, restraints may not be used.

Answer 23

(F) FCA 162-a(b)
They may, if there is a recent history of behavior that presented a substantial risk of physical harm to the child or another, or the child’s behavior indicates a substantial likelihood of current physically disruptive courtroom behavior by the child, or to prevent flight from the courtroom as evidenced by a recent history of absconding from the court.

Question 24

 FCA 134
In order to serve in the office of family court judge a person must be admitted to the practice of law in New York State for at least 10 years as of the date he or she commences the duties of the office of judge.

Answer 24

(T) FCA 134
In order to serve in the office of family court judge a person must be admitted to the practice of law in New York state for at least 10 years as of the date he or she commences the duties of office.

Question 25

 FCA 153-b
The summons and petition and, if one has been issued, the temporary order of protection or a copy or copies thereof may be served on any day of the week between the hours of 8 a.m. and 5 p.m.

Answer 25

(F) FCA 153-b
Whenever a petitioner requests an order of protection under any article of the family court act, the summons, petition and, if one has been issued, the temporary order of protection or a copy or copies thereof may be served on any day of the week at any hour of the day or night.
Note two subdivisions (e) enacted by legislature.

Question 26

FCA 153-c
Any person appearing at family court when the court is open requesting a temporary order of protection under certain articles of the family court act shall be entitled to file a petition without delay on the same day such person first appears at the family court.

Answer 26

(F) FCA 153-c
Any person appearing at family court when the court is open requesting a temporary order of protection under any article of the family court act shall be entitled to file a petition without delay on the same day that such person first appears and a hearing on that request shall be held on the same day or the next day that the court is open following the filing of the petition.

Question 27

  FCA 154-b(2)
In any proceeding under articles four, five, five-b, six, eight or ten of the family court act whether or not an order of protection or temporary order of protection is or has been sought in the past, the court may, on its own motion or the motion of any party or the child’s attorney, authorize any party or the child to keep his or her address confidential from any adverse party. Pending such a finding, any address or other identifying information of the child or party seeking confidentiality shall be safeguarded and sealed in order to prevent unauthorized use or disclosure. The party whose address is to remain confidential shall inform the clerk of the court or disinterested person designated by the court of any changes in address for purposes of receipt of service of process.

Answer 27

(T) FCA 154-b(2)
As stated in section 154-b(2):
Note: the onus is now on the party whose address is to remain confidential, to inform the clerk of the court or disinterested person designated by the court as to any change of address for the purpose of receiving process or any papers.

Question 28

FCA 169
A court order or temporary order of protection issued under Article 3, 4, 5, 6, 7, 8 or 10 shall be translated in writing into the appropriate language for a party to a proceeding when requested.

Answer 28

(F) FCA 169
The translation shall be ensured where the court has appointed an interpreter.

Question 29

 FCA 155
If an adult respondent is arrested under this act when the family court is not in session he or she shall be detained until the court resumes at its next scheduled session.

Answer 29

(F) FCA 155
An adult respondent arrested shall be taken to the most accessible magistrate and arraigned.

Question 30

FCA 155 3
The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor, nor may such protected party be arrested for violating such order.

Answer 30

Answer (T) FCA 155 3
This statement is correct per subdivision 3.

Question 31

FCA 156
The provision of the judiciary law relating to civil contempt only shall apply to the family court.

Answer 31

F) FCA 156
The provision of the judiciary law relating to contempt provides that both civil and criminal contempt shall apply in any proceeding under the FCA.

Question 32

FCA 168 1.,2.
In any case where an order of protection or temporary order of protection has been made by the family court, the clerk of the court shall issue a copy of such order to the petitioner and the respondent.

Answer 32

(T) FCA 168 1.,2.
A copy of the order of protection or temporary order of protection shall also be filed by the clerk of the court with the sheriff’s office or police department in the county in which the petitioner resides or, if the petitioner resides within a city, with the police department of such city.

Question 33

 FCA 174
The family court in a county shall transfer a proceeding to a county where the proceeding might have been originated when it is determined that venue has been placed in the wrong county.

Answer 33

(T) FCA 174
The remedy for an improper choice of venue is transfer and not dismissal, but even if the venue is properly placed, the court may, for good cause shown, transfer the proceeding to a different county.

Question 34

 FCA 176
Where a person placed on probation resides in another jurisdiction within the state at the time of the order of disposition, the family court which placed him or her on probation shall retain supervision of such person.

Answer 34

(F) FCA 176
The family court shall transfer supervision to the probation department in the jurisdiction in which the person resides. See subdivisions 1, 2 and 3 for further elaboration. Also note new exceptions re: Cases brought under Article 3 (Juvenile Delinquency) and Article 7 (P.I.N.S), which shall be subject to terms of subdivision 2.

Question 35

 FCA 166
The court, in its discretion in any case, may permit the inspection of any papers or records by the public.

Answer 35

(T) FCA 166
Provides that the records of any proceedings shall not be open to indiscriminate public inspection. However, the court in its discretion in any case may permit the inspection of any papers or records.