Article 10

Question 1

Aggravated circumstances can mean where a child is severely or repeatedly abused within _____ years after retuning home from foster care.

Answer 1

5 years

FCA 1012

Question 2

Aggravated circumstances can mean where parent has abandoned child under __ days old with intent that child be cared for in an appropriate manner.

Answer 2

5

FCA 1012

Question 3

T/F? There may be concurrent proceedings in FC and criminal court

Answer 3

True

FCA 1014

Question 4

Court shall appoint attorney for child on earliest of following (a) emergency removal of child, (b) application for emergency removal of a child prior to filing of a petition, or (c) _____________.

Answer 4

Filing of petition alleging abuse or neglect

FCA 1016

Question 5

In a proceeding where the court will remove a child from the home, the court shall direct social services to notify any non-responding parent and suitable relatives of the pendency of the proceeding and the opportunity of becoming foster parents or seeking custody of the child. Such relatives include those identified by a child over the age of _____ as being significant in the child’s life.

Answer 5

5

FCA 1017

Question 6

When a peace officer acting pursuant to special duties, police officer, or agent of authorized agency, association or institution may temporarily remove neglected child without court order and with consent, petition must be filed within __ court days of removal and hearing shall be held no later than the next court day after petition is filed.

Answer 6

3

FCA 1021

Question 7

A peace officer, acting pursuant to his special duties, or a policer officer, law enforcement official, agent of duly authorized society, physician or a designated employee of a city or county department of social services may remove a child without a court order when there is ____________.

Answer 7

Imminent danger to the child’s life or health.

FCA 1024

Question 8

After emergency removal of child from home without a court order, if child is not returned to parents, a petition must be filed the next court day after removal (court may order an extension of up to 3 court days these after removal of child) and the hearing shall be held no later than __________ after the petition is filed.

Answer 8

the next court day

FCA 1026

Question 9

Parent person responsible, or counsel may make application for return of child temporarily removed. Hearing shall be held within _________ of application and shall not be adjourned

Answer 9

3 court days

FCA 1028

Question 10

FC, upon application of any person who may originate in article 10 proceeding, may issue a TOP before or after the filing of a petition. If TOP is granted before filing of petition and then petition is not filed within ____ days, the order shall be vacated.

Answer 10

10 days

FCA 1029

Question 11

An abuse or neglect proceeding maybe originated by 1) a child protective agency, or 2) __________

Answer 11

a person on the court’s direction

FCA 1032

Question 12

Summons and petition (abuse case only) must be served within ___ court days of issuance. If they cannot be served within that time, such facts must be reported to the within ___ court days of issuance

Answer 12

2 court days; 3 court days

FCA 1036

Question 13

Service of a summons and petition (abuse and neglect) shall be made by delivery of a true copy to the person summoned at least ____ before the time stated for appearance

Answer 13

24 hours

FCA 1036

Question 14

Service of an abuse petition upon a non-domiciliary or non-resident is required (outside NYS), service must be made within _____ if issuance.

Answer 14

10 days of issuance

FCA 1036

Question 15

Warrant shall be marked on its face “Child Abuse Case,” and warrant must be served within ___ court days of issuance. If not served, it must be reported to court within ___ court days of issuance.

Answer 15

2 court days; 3 court days

FCA 1037(a)

Question 16

Prior to or upon fact-finding, court upon motion of respondent and consent of petitioner, order an ACD for a period not to exceed ____ (court may extend upon agreement of all parties.)

Answer 16

1 year

FCA 1039

Question 17

A finding of severe or repeated abuse shall be based on ___________________.

Answer 17

clear and convincing evidence

FCA 1052

Question 18

T/F? Placement may be continued up to child’s 18th birthday without consent, but may be extended with consent up to child’s 21st birthday

Answer 18

True

FCA 1055

Question 19

T/F? Order of protection shall run concurrently with and expire with order of disposition or extension thereof

Answer 19

True

FCA 1056

Question 20

Failure to comply with the terms and conditions of supervision, penalty for willful failure to comply with terms of supervision or OP, and making any order court could have made a time of supervision order, or up to _______ jail.

Answer 20

6 months in

FCA 1072

Question 21

An abused to neglected “child” must be by definition under the age of __.

Answer 21

18

FCA 1012

Question 22

The venue of a child abuse proceeding is the county ____________.

Answer 22

where child or person having custody of child resides or is domiciled at tie of filing petition.

FCA 1015

Question 23

T/F? Respondent must be provided free counsel if indigent

Answer 23

True

FCA 1022-a

Question 24

T/F? Court may on its own motion substitute neglect petition for an abuse petition.

Answer 24

True

FCA 1031

Question 25

A child abuse summons be served within ___ days of issuance.

Answer 25

2 FCA 1036

Question 26

Child abuse summons and petition must be served at least ___ before the time stated for appearance.

Answer 26

24 hours FCA 1036

Question 27

An Article 10 ACD is for a maximum period of ____.

Answer 27

1 year FCA 1039

Question 28

Suspended judgment is for an initial period of a maximum of _____

Answer 28

1 year, and can be extended up to 1 more year FCA 1053

Question 29

Supervision proceeding can be for initial period of up to 1 year and can be extended ___.

Answer 29

extended for additional period of up to 1 year FCA 1057

Question 30

Willful failure to comply with Article 10 order can punished by jail up to ______.

Answer 30

6 months FCA 1055

Question 31

Aggravated circumstances means either: 1. where a child is severely or repeatedly abused within 5 years after returning home from foster care 2. parent has in certain circumstances failed to engage in services to prevent neglect or abuse 3. parent has abandoned child under 1 year old with intent that child be cared for in an appropriate manner A. 1 only B. 1 and 2 C. All 3 are correct D. Only 2 and 3

Answer 31

B. 1 and 2 FCA 1012

Question 32

Which of the following statements is not correct? A. FC has exclusive original jurisdiction over FCA 10 proceedings alleging abuse or neglect of child. B. FC has jurisdiction even if CC has jurisdiction over facts alleged in petition or complaint C. In determining jurisdiction of the court under this article, the age of child at time the acts occurred is controlling. D. A case cannot be brought after child is 18, even though acts may have occurred earlier.

Answer 32

C. In determining jurisdiction of the court under this article, the age of child at time the acts occurred is controlling. FCA 1013

Question 33

``` In a proceeding where the court will remove a child from the home, the court shall direct social services to notify any non-responding parent and suitable relatives of the pendency of the proceeding and the opportunity of becoming foster parents or seeking custody of the child. Such relatives include those identified by a child over the age of ___ as being significant in the child's life. A. 5 B. 7 C. 10 D. 12 ```

Answer 33

5 FCA 1017

Question 34

Which of the following statements relating to abuse hearings is correct? A. Evidence at fact-finding must be material and relevant B. General public may be excluded by the court. C. Determination (fact-finding) must be based on proof beyond a reasonable doubt D. Evidence at dispositional hearing must be material, relevant and competent

Answer 34

B. General public may be excluded by the court. FCA 1043

Question 35

Which of the following is a valid disposition of an abuse petition? A. suspended judgment for initial period of 2 years B. releasing child on its own recognizance C. placing respondent in jail up to 1 year D. placing child under supervision

Answer 35

D. placing child under supervision FCA 1052

Question 36

``` Evidence at an article 10 fact finding hearing must be: 1. material 2. relevant 3. competent A. 1, 2, 3 B. 1 and 3 C. 2 and 3 D. 1 and 2 ```

Answer 36

A 1, 2 & 3 FCA 1046

Question 37

A peace officer acting pursuant to special duties, a police officer, or agent authorized agency, association or institution may temporarily remove a neglected child if: 1. written consent of guardian is obtained 2. the child is suspected of being neglected or abused A. both 1 and 2 B. neither 1 nor 2 C. 1 only D. 2 only

Answer 37

A. both 1 and 2 FCA 1021

Question 38

At the initial appearance, the court shall: 1. appoint a law guardian for the child 2. appoint counsel for all respondents 3. advise respondent of his right to a 1028 hearing (hearing for the return of the child) A. 1, 2 and 3 B. 1 and 3 C. 2 and 3 D. 1 and 2

Answer 38

B. 1 and 3 FCA 1033-b

Question 39

Which of the following 3 statements relating to service of an FCA 10 summons and petition (abuse) are correct? 1. The summons and petition must be served within 2 court days of issuance 2. If the summons and petition cannot be served within the specified time, such facts must be reported to the court within three court days of issuance 3. Service of a summons and petition shall be made by delivery of a true copy to the person summoned at least 24 hours before the time slated for appearance A. 1, 2 and 3 B. 1 and 3 C. 2 and 3 D. 1 and 2

Answer 39

A 1, 2 and 3 FCA 1036

Question 40

As per FCA 1037, the court may issue a warrant in an FCA article 10 proceeding if: 1. the summons cannot be served 2. the summoned person has refused to obey the summons 3. summons, in the court's opinion, would be ineffectual 4. respondent on bail or parole has failed to appear A. 1, 2, 3 and 4 B. 1, 2 and 3 C. 1, 2 and 4 D. 1, 3 and 4

Answer 40

B. 1, 2 and 3 FCA 1037

Question 41

Which of the following statements relating to a child abuse proceeding is correct? A. FC cannot transfer proceeding to criminal court B. FC and criminal court can have concurrent proceedings C. FC cannot grant respondent testimonial immunity D. FC proceedings are criminal in nature

Answer 41

B. FC and criminal court can have concurrent proceedings FCA 1014

Question 42

Which of the following is false? VENUE of a proceeding under article 10 of the FCA may be: A. county where child resides at time petition is filed B. county of residence of the person who has custody of the child C. county where child resided at time child abuse act occurred D. county of domicile of the person who has custody of the child

Answer 42

C. county where child resided at time child abuse act occurred FCA 1015

Question 43

Choose the best answer. Of the following, who can originate a child protective proceeding? A. child protective agency or a person on the court's own decision B. child protective agency or a friend of the household. C. child protective agency or a witness D. child protective agency or a relative of infant.

Answer 43

A. child protective agency or a person on the court's own decision FCA 1032