Article 2 Administration Flashcards
FCA 214
Administrative forms for use in the family court shall be promulgated by:
(a) the clerk of the family court in each county.
(b) the appellate division.
(c) the administrative judge of the family court.
(d) the chief administrator of the courts.
(d) FCA 214
(Amended, 2022)
The chief administrator of the courts shall promulgate a uniform, statewide petition for adoption and may prescribe such other forms including forms for petitions, summons, warrants, subpoenas, undertakings and orders authorized by the family court act.
FCA 217
The court shall file or direct the filing of an order within how many days of the decision of the court?
(a) 20 days
(b) 30 days
(c) 40 days
(d) as provided in the order
Answer______
(a) FCA 217 3.
This is very clear as to the number of days for filing an order. In addition, if the court directs that such order be settled on notice, then such 20 day period shall commence on the date on which the order is settled.
FCA 242
Under the family court act the term “attorney for the child” refers to:
(a) any person designated to represent minors.
(b) the parent or legal guardian of a minor.
(c) an attorney admitted to practice in New York state.
(d) any of the foregoing may act as attorneys to minors.
(c) FCA 242
The term attorney for the child is common only to the family court. Only attorneys duly admitted to practice in New York may be designated to represent minors in the family court. NOTE: Parents, persons having legal custody of a minor or guardian ad litems under the CPLR, are not included in the term attorney for the child.
FCA 243 (a),(b),(c)
An attorney for the child may be designated to serve from which of the following sources?
(1) any qualified attorney
(2) legal aid society
(3) a panel designated by the appellate division
(4) bar association’s recommendations to the appellate division
(a) 1 & 2 only
(b) 1 & 3 only
(c) 2 only
(d) 3 & 4 only
(e) 1, 2 & 3 only
e) FCA 243 (a),(b),(c)
Basic to this question is that any qualified attorney may be designated an attorney for the child, but the office of court administration and the appellate division obviously are interested in having on hand names of qualified attorneys ready to be designated as attorneys for the child.
FCA 244
Which of the following statements is/are least correct regarding attorneys for children?
(a) No designation shall be for a term of more than one year.
(b) Successive designations of terms may be made.
(c) The appellate division may increase or decrease the number of attorneys for children designated in any county.
(d) An agreement by the office of court administration with the legal aid society for the designation of attorneys for children may be terminated without 60 days notice.
(a) & (d) FCA 244
No designation may be made for a term of more than one year. However, attorneys for children may receive successive designations after the one year term. The appellate division has the authority to increase or decrease the number in any county. The office of court administration is required to serve 60 days notice prior to terminating the agreement with the legal aid society.
FCA 249-b
Which of the following shall promulgate court rules proscribing workload standards for attorneys representing children?
(a) Chief justice, court of appeals
(b) Presiding judge appellate division
(c) Chief administrator of the courts
(d) State Bar Association
(c) FCA 249-b
The chief administrator of the courts, pursuant to §212 of the Judiciary Law, shall promulgate these rules with respect to attorneys’ work standards, including the maximum number of children who can be represented at any given time.
FCA 249(b)
In making an appointment of an attorney for a child in a proceeding under articles three, seven, ten, ten-A or ten-C of the FCA, the court to the extent practicable and appropriate shall:
(a) appoint an attorney who specializes in the particular area of the law, the subject of which is before the court.
(b) appoint an attorney as suggested by the probation service.
(c) appoint the same attorney who has previously represented the child.
(d) appoint an attorney who the court deems satisfactory.
(c) FCA 249(b)
Note revised subdivision (a), which expands upon various attorney-appointment scenarios and expires and is replaced effective 9/1/25 per Chapter 58, Laws of 2020.
FCA 262
Who is entitled to the assignment of counsel, if indigent?
(1) any party under article 5
(2) the respondent under article 10 or 10-A or 10-C
(3) the petitioner and respondent under article 8
(4) the petitioner and respondent under article 6
(a) 1 & 2 only
(b) 2 only
(c) 1 & 3 only
(d) 2 & 3 only
(d) FCA 262
Each of the persons described below, if found to be indigent, have a right to the assistance of counsel: the respondent in any proceeding under article 5 in relation to the establishment of paternity; the respondent in any proceeding under part 3 (custody) of article 6; the respondent under article 10 or 10-A or 10-C; the respondent and the petitioner under article 8; the parent of a child in any adoption proceeding who opposes the adoption of such child.
FCA 249-a WAIVER OF COUNSEL
True or False
The court shall appoint an attorney for the child in any case which is before it, if independent legal counsel is not available to the child.
(T) FCA 249(a)
FCA 249 mandates the appointment of an attorney for the child in proceedings under article three, seven or ten, ten-A or ten-C or a contested revocation of adoption proceedings, termination of parental rights under the social service law is detained under or governed by the Interstate Compact for Juveniles, is the subject of a dependency or guardianship proceeding or is the subject of a protective custody proceeding as a material witness.
FCA 249(a) WAIVER OF COUNSEL
The presumption that the minor lacks the requisite knowledge and maturity may be rebutted only after the appointment of an attorney for the child.
True
FCA 249(a)
The presumption that the minor lacks the requisite knowledge and maturity may be rebutted only after the attorney for the child has been appointed
FCA 249 (a) WAIVER OF COUNSEL
The court shall make a determination after a hearing at which the standard of proof is by a preponderance of the evidence.
(F) FCA 249(a)
The courts determination after the hearing shall be based upon clear and convincing evidence.
FCA 249 (a) WAIVER OF COUNSEL
The attorney for the child shall appear and may participate in the hearing.
(F) FCA 249(a)
The attorney for the child representing the minor not only appears at the hearing but also participates on behalf of the minor respondent.
FCA 249(a) WAIVER OF COUNSEL
The court may determine that a waiver of counsel is in the best interest of the minor.
(T) FCA 249(a)
The very intention of this section is that the granting of a waiver is in the best interest of the minor. Articles 3 and 7, juvenile delinquency and persons in need of supervision, are akin to criminal proceedings. It is important that the minor respondent, to the satisfaction of the court, is capable of waiving the appointment of an attorney for the child.
FCA 249(a) WAIVER OF COUNSEL
The Family Court probation service may include volunteer probation officers who shall receive pay from public funds.
(F) FCA 252(a)
The Family Court in each county shall have a probation service. This service may include volunteer probation officers when necessary providing however, that they have the same qualifications required of salaried probation officers. No such volunteer probation officer shall be a chief probation officer or receive pay from public funds for his or her services.
FCA 254 (b)
In all cases involving abuse, the corporation counsel of the city of New York and outside of the city of New York, the appropriate county attorney shall be a necessary party to the proceeding.
(F) FCA 254 (b)
In all cases involving abuse in the city of New York, the corporation counsel and outside the city of New York the appropriate district attorney shall be a necessary party.
