Article 7 Persons In Need of Supervision Flashcards

1
Q

 FCA 712 (a)
A person in need of supervision (PINS) is:
(a)     a male less than 18 years of age and a female less than 16 years of age
(b)     a person less than 16 years of age
(c)     a person less than 18 years of age
(d)     a male less than 16 years of age and a female less than 18 years of age.

A

(c) FCA 712 (a)
A person less than 18 years of age.
A full definition of a PINS is contained in subdivision (a)

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2
Q

 FCA 716
On its own motion the court may substitute which petition for a person in need of supervision petition?
(a)     juvenile delinquency
(b)     youthful offender
(c)     child neglect
(d)     abused child

A

(c) FCA 716
The court in determining the act or acts of the respondent which would qualify him or her as a person in need of supervision, may take into account the failure of the parent or person legally responsible for the care of the respondent. The lack of parental care may be the underlying problem which led to the behavior upon which the PINS petition is based. In which case the court may substitute a neglect petition for the PINS petition.

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3
Q

 FCA 717
The venue of a PINS proceeding shall be:
(a)     in the county of the respondent’s domicile.
(b)     in the county where the alleged act or acts occurred.
(c)     in the county selected by the presentment agency.
(d)     in the county selected by the court for the convenience of witnesses.

A

(b) FCA 717
Venue is vested in the county where the alleged act or acts occur or occurred. However, the court has discretion with respect to transferring the case. On the motion of the respondent, his parent or other person legally responsible for his care or the court on its own motion, for good cause shown, may transfer the proceedings to another county.

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4
Q

    FCA 718
Which of the following statements is incorrect?
(1)     A police officer may return any child under 18 who has run away from home without just cause…
(2)     … as well as a child who gives such officer reason to doubt the truthfulness of such child’s identity…
(3)     … except a child who simply appears to have run away…
(4)     … to a parent or other person legally responsible for such child.
(a)     four
(b)     two
(c)     three
(d)     one

A

(c) FCA 718
Appearing to have run away without just cause justifies the police officer (or peace officer acting pursuant to his or her special duties) to return such child as in statement 4.

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5
Q

  FCA 723 (b)
It shall be the duty of a private person after taking into custody a person in need of supervision, to take:
(1)     the person to his home.
(2)     the person before a family court judge.
(3)     the person to a peace officer.
(4)     the person to a police officer.
(a)     1 only
(b)     1 & 2 only
(c)     1, 2 & 3 only
(d)     1, 2, 3 & 4

A

(d) FCA 723 (b)
Any of the 4 alternative destinations are correct. However, the transporting of the child by the private person must be done without unnecessary delay.

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6
Q

  FCA 728 (a)
If a child in custody is brought before a family court judge prior to the filing of a petition, the judge shall hold a hearing to determine whether the court has jurisdiction. At the commencement of the hearing the court shall advise the child:
(1)     of his right to remain silent.
(2)     of his right to counsel of his own choosing.
(3)     of his right to have an attorney assigned.
(4)     that he may send for his parent or person legally responsible for his care.
(a)     1 & 2 only
(b)     1 & 3 only
(c)     4 only
(d)     1, 2, 3, & 4

A

(d) FCA 728 (a)
As in the case of a juvenile delinquent, the miranda-like advisory shall be given to the respondent by the court. The court must also allow the child reasonable time to send for his parent or person responsible for his care. The court must also allow an adjournment for this purpose. See FCA 741 (a).

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7
Q

   FCA 732(b)
When a respondent is alleged to appear to be a sexually exploited child, as defined in SSL Sec. 447-a, subd. 1, paragraph (a), (b) or (c):
(1)     The child may be in need of supervision.
(2)     A proceeding to adjudicate the child to be in need of supervision may be originated by the filing of a petition.
(3)     The child need not consent to the filing of any such petition.
(a)     All statements are correct
(b)     All statements are incorrect
(c)     One statement is incorrect
(d)     More than one statement is incorrect

A

(c) FCA 732(b)
The one incorrect statement is number 3. The child concerned MUST consent to the filing of the petition in this scenario.

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8
Q

FCA 732 (a) (ii)
A proceeding to adjudicate a person to be in need of supervision is originated by filing a petition alleging that the respondent was under eighteen years of age:
(a)     at the time the petition was filed
(b)     at the time a warrant was issued
(c)     at the time of the specified acts
(d)     at the time of the initial appearance in family court.

A

(c) FCA 732(a) (ii)
Upon originating a proceeding to adjudicate a person in need of supervision, the allegations in the petition must meet the requirements of FCA 712(b) at the time of the act or acts specified in the petition. The petition must also allege that the petitioner has complied with FCA § 735, the preliminary procedure offering diversion services.

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9
Q

 FCA 735 (a), (b)
With respect to the preliminary procedure diversion services, which of the following may be designated the lead agency?
(1)     Probation Service
(2)     County Attorney
(3)     Social Service
(4)     State Department of Youth
(a)     1 only
(b)     2 & 4 only
(c)     3 & 4 only
(d)     1 & 3 only

A

(d) FCA 735(a), (b)
The designated lead agency, either probation service or social service shall diligently attempt to adjust the case to prevent the filing of a petition or after the petition is filed to prevent the placement of the youth into foster care.

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10
Q

  FCA 735 (c)
Which of the following statements is incorrect with respect to a person or agency seeking to file a petition that does not have the required documentation attached thereto:
(a)     such person or agency shall be referred by the clerk of the court to the designated lead agency.
(b)     the lead agency shall schedule and hold at least one conference in order to determine the factual circumstances.
(c)     the clerk of the court may then accept the petition for filing.
(d)     the clerk of the court shall not accept any petition that does not have the required documents attached.

A

(c) FCA 735(c)
Statement (c) is incorrect.

See subdivision (g) regarding required documentation. See also FCA Section 216-c regarding the preparation of petitions.

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11
Q

FCA 736
A summons when issued by the court together with the petition and served upon the respondent, his parent or other person responsible for his care shall be signed by:
(1)     the court
(2)     the clerk of the court
(3)     the deputy clerk of the court
(4)     the presentment agency
(a)     1 only
(b)     2 & 3 only
(c)     1, 2 & 3 only
(d)     1, 2, 3 & 4

A

(c) FCA 736
A summons issued by the court shall be signed by the court or the clerk or the deputy clerk of the court.

If the proceedings were originated by an agency or person other than the parent or person responsible for the respondent’s care and who has not signed the petition, the petition shall be served on such person or person responsible for the respondent’s care.

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12
Q

 FCA 737 (a)
Service of a summons and petition shall be made within what time before the time stated for appearance?
(a)     24 hours
(b)     48 hours
(c)     72 hours
(d)     5 days

A

(a) FCA 737 (a)
Service of the summons and petition shall be made at least 24 hours before the time to appear before the court.

If requested by a parent, or other person legally responsible for the respondent’s care or by one acting on behalf of the respondent, the court shall not proceed with the hearing or proceeding earlier than 3 days after the service of the summons and petition.

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13
Q

 FCA 738
Of the following choices, which is correct regarding a warrant issued under FCA article 7?
(a)     a warrant shall expire at the end of 6 months unless extended by the court, for not more than an additional 6 months.
(b)     a warrant shall expire at the end of 6 months unless extended by the court for an additional 90 days.
(c)     a warrant shall expire at the end of 90 days unless extended by the court for an additional 90 days.
(d)     a warrant shall expire at the end of 90 days and may be extended by the court for any reasonable additional period.

A

a) FCA 738
The warrant is issued by the court for an initial period of 6 months from the date of issuance. An extension of an additional 6 month period may be granted on the application of the petitioner for good cause shown.

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14
Q

  FCA 742(b)
True or False: Regarding a petition filed in a diversion proceeding, the court shall review any termination of services at the initial appearance of the respondent.

A

Answer (T) FCA 742(b)
So stated in revised subdivision (b).

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15
Q

  FCA 744/745
Of the statements below which is correct as to the standard of proof at the fact finding hearing and the dispositional hearing?
(a)     the fact finding hearing standard of proof: beyond a reasonable doubt, the dispositional hearing: by a preponderance of the evidence.
(b)     the fact finding hearing standard of proof: beyond a reasonable doubt, the dispositional hearing: beyond a reasonable doubt.
(c)     the fact finding hearing standard of proof: by a preponderance of the evidence, the dispositional hearing: by a preponderance of the evidence.
(d)     the fact finding hearing standard of proof: by a preponderance of the evidence the dispositional hearing: beyond a reasonable doubt.

A

(a) FCA 744/745
The proof at the fact finding hearing and the dispositional hearing are identical to the standards of proof involving juvenile delinquency hearings. At the fact finding hearing the standard is beyond a reasonable doubt but at the dispositional hearing the standard changes to proof by a preponderance of the evidence. Only evidence that is competent, material and relevant may be admitted at the fact finding hearing while evidence that is material and relevant may be admitted at the dispositional hearing. Example: Non-competent evidence - hearsay.

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16
Q

 FCA 746/747/748
Select the correct statements as to the fact finding hearing and the dispositional hearing:
(1)     if the respondent is in pre-dispositional placement, the court, on its own motion, may adjourn the fact finding hearing not more than 3 days.
(2)     upon the completion of the fact finding hearing, the dispositional hearing may commence immediately after the required findings are made.
(3)     the fact finding hearing must commence not more than 5 days after the filing of the petition if the respondent is in detention.
(4)     successive motions to adjourn the fact finding hearing shall not be granted.
(a)     1 only
(b)     1 & 2 only
(c)     3 & 4 only
(d)     1, 2, 3 & 4

A

(b) FCA 746/747/748
If the respondent is in pre-dispositional placement, the court on its own motion or on the motion of the petitioner may, for good cause shown, adjourn the fact finding hearing for not more than 3 days.

The dispositional hearing may commence, in the discretion of the court, immediately after the required findings of fact are made which of course indicate that the respondent has been found to have committed the act or acts charged in the petition.

The fact finding hearing must commence not more than 3 days after the filing of the petition if the respondent is in detention. The court has latitude in granting successive adjournments of the fact finding hearing but only in special circumstances.

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17
Q

 FCA 749 (b)
The court on its own motion may adjourn the proceedings on conclusion of the fact finding hearing or during the dispositional hearing for a period of not more than:
(1)     2 weeks if the respondent is in pre-dispositional placement.
(2)     30 days if the respondent is not in pre-dispositional placement.
(3)     a reasonable time if respondent is not in pre-dispositional placement, but total number of adjourned days may not exceed 2 months.
(4)     10 days if the respondent is in pre-dispositional placement.
(a)     1 only
(b)     1 & 2 only
(c)     3 only
(d)     3 & 4 only

A

(d) FCA 749 (b)
An adjournment by the court in the case of a respondent in pre-dispositional placement may not be for a period of more than 10 days but not more than a total of two such adjournments may be granted in the absence of special circumstances.

Where a respondent is not in pre-dispositional placement, the court may adjourn the proceedings for a reasonable time not to exceed 2 months.

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18
Q

 FCA 754
Upon the adjudication after a fact finding hearing of a person in need of supervision, the court shall enter an order of disposition:
(1)     discharging the respondent with a warning.
(2)     suspend judgment.
(3)     put respondent on probation.
(4)     adjourn proceedings in contemplation of dismissal.
(a)     1 & 2 only
(b)     3 & 4 only
(c)     1, 2 & 3 only
(d)     1, 2, 3 & 4

A

(c) FCA 754.1 (c)
Under section 754 FCA an adjournment in contemplation of dismissal is not a disposition option. Nevertheless, the court MAY grant an adjournment in contemplation of dismissal at the dispositional hearing. Such an adjournment would not be a disposition but rather aid the court in its final disposition.

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19
Q

 FCA 755 (b)
The maximum duration of a suspended judgment of a person in need of supervision is:
(a)     1 year
(b)     18 months
(c)     2 years
(d)     30 months

A

(a) FCA 755 (b)
The maximum duration of a suspended judgment is one year. If the court finds at the conclusion of the year that exceptional circumstances exist, it may require an additional year of the suspended judgment.

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20
Q

 FCA 756 (b)
Placement of a person adjudicated a PINS may be in the child’s own home or in the custody of a suitable relative or other suitable private person or a commissioner of social services. Placement with social services may be for:
(a)     an initial period of 12 months
(b)     an initial period of up to 60 days
(c)     a maximum period of 1 year
(d)     a maximum period of 18 months

A

(b) FCA 756(b)
Such placement may be for an initial period of no greater than 60 days. The court may extend placement per section 756-a, recommend restitution or require services for the public good in conjunction with placement.

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21
Q

FCA 756-a (d)
An extension of placement of a person adjudicated a PINS may not be for:
(a)     more than 60 days
(b)     more than 90 days
(c)     more than 1 year
(d)     discretionary with the court

A

(c) FCA 756-a, (b),(c),(d),(e)
While the extension of placement is discretionary with the court, the order may not be for an extension of more than one year.

22
Q

FCA 756-a(a)(b)(c)
In any case in which the child (respondent) has been placed, who of the following may petition the court to extend the period of placement?
(1)     the child (respondent).
(2)     the person with whom the child has been placed.
(3)     the commissioner of social services.
(a)     1 only
(b)     2 and 3 only
(c)     3 only
(d)     1, 2 and 3

A

(d) FCA 756-a (a) (b) (c)
When the child (respondent) has been placed, the child (respondent), or the person with whom the child has been placed or the commissioner of social services may petition for an extension of the placement.

23
Q

  FCA 761/762/763
On its own motion or motion of any interested person acting in behalf of the respondent, the court may grant, for good cause shown, a new fact finding hearing or dispositional hearing. Such motion shall be served on the parties and any institution or agency having custody of the child not less than how many days prior to the return date of the motion?
(a)     5 days
(b)     7 days
(c)     8 days
(d)     12 days

A

(b) FCA 761/762/763
In this case 7 days’ notice of motion with the required answer arriving not less than 2 days before the return date.

24
Q

FCA 782-a
When placing a person in need of supervision with an authorized agency the family court shall transmit:
(1)     the fact finding record.
(2)     disposition.
(3)     probation report.
(4)     diagnostic reports.
(a)     1 & 2 only
(b)     2 & 3 only
(c)     1,2 & 3 only
(d)     1,2,3 & 4

A

(d) FCA 782-a
A state maintained institution suitable for placement of a person adjudicated in need of supervision or any authorized agency for such placement shall receive from the family court a copy of the orders of fact finding and dispositional hearings, probation reports and any and all other evaluative records including diagnostic, educational, medical, psychological and psychiatric records of the adjudicated person.

25
Q

 FCA 783
Which of the following is least correct regarding the use of records in another court of a person who was before the family court?
(a)     an admission may not be used as evidence against him.
(b)     a confession may not be used against him.
(c)     any statement made by him to the court may not be used.
(d)     PINS record of a person now an adult may not be used in imposing sentence after a criminal conviction.

A

(d) FCA 783
Any confession, admission or statement made to the court by a respondent or even the fact that a person was before the family court for a hearing is not admissible as evidence against him or her in any other court, with the exception of a court sentencing the respondent on a later criminal conviction as an adult.

26
Q

   FCA 784
Which of the following statements is least correct as to the use of police records relating to the arrest and disposition of any person under FCA article 7?
(a)     disposition of the proceeding shall be withheld from public inspection.
(b)     records shall be held separate and apart from adult arrest records.
(c)     arrest record shall be withheld from public inspection.
(d)     records shall be opened to public inspection for good cause shown by the presentment agency.

A

(d) FCA 784
All police records relating to the arrest and disposition of any PINS are held in strict confidence and shall be opened to the public upon written order of the family court when applied for by the parent, guardian, next friend or attorney of that person.

27
Q

FCA 712 (a) TRUE OR FALSE
One of the standards of a person in need of supervision is that he or she is habitually disobedient.

A

(T) FCA 712 (a)
After considering the age qualification, the PINS does not attend school or is ungovernable or habitually disobedient and beyond the lawful control of parent or other lawful authority or who violated section 230.00 PL (prostitution) or appears to be a “sexually exploited child”.

28
Q

 FCA 712 (f) TRUE OR FALSE
A permanency hearing is held for the purpose of reviewing the foster care status of a respondent and the appropriateness of the permanency plan developed by the social service official on behalf of such respondent.

A

Answer (T) FCA 712(f)
As stated in the section.

Note: The permanency hearing is utilized only in case of a non-secure facility.

29
Q

FCA 712 (c) TRUE OR FALSE
The fact finding hearing is held to determine whether a respondent requires supervision or treatment.

A

(F) FCA 712 (c)
The fact finding hearing is held to determine whether the respondent committed the acts alleged in the petition.

30
Q

  FCA 712 (g) TRUE OR FALSE
Diversion services is a preliminary procedure designed to avoid the need to file a petition or direct the detention of a child.

A

(T) FCA 712 (g)
Diversion services include: efforts to adjust cases before a petition is filed (probation service), or by order of the court, after the petition is filed but before fact finding is commenced; and preventive services (social service) to avert the placement of the child into foster care, including crisis intervention and respite services.

31
Q

 FCA 713
The family court has concurrent jurisdiction with the criminal court over any proceeding involving a person in need of supervision.

A

(F) FCA 713
The family court has exclusive original jurisdiction over any PINS proceeding.

32
Q

 FCA 714 TRUE OR FALSE
In determining jurisdiction, the age of the respondent at the time the need for supervision allegedly arose is controlling.

A

(T) FCA 714 (a),(b)
The age of the respondent at the time for the need for supervision arose is the controlling factor in determining jurisdiction.
If the respondent is within the jurisdiction of the court, but the proceedings were initiated after the respondents 18th birthday, the family court shall dismiss the PINS petition.

33
Q

 FCA 717 TRUE OR FALSE
Proceedings regarding whether a person is in need of supervision are originated in the county where the subject resides.

A

(F) FCA 717
Proceedings originate in the county in which the act occurred.

34
Q

  FCA 718(a) TRUE OR FALSE
A police officer or peace officer acting pursuant to such officer’s special duties, may return a child to a parent or other person legally responsible for such child who, in the reasonable opinion of the officer, appears to have run away from home without just cause.

A

(F) FCA 718(a)
The operative word is no longer “opinion.” The statute now reads, “in the reasonable conclusion of the officer.”

35
Q

FCA 720 1. TRUE OR FALSE
No child shall be detained in any lockup used for adults convicted of a crime.

A

(T) FCA 720 1.
This prohibition for detention extends to jail, prison or any place used to detain adults arrested and charged with a crime or convicted of a crime. The detention of a child in a secure detention facility shall not be directed under any of the provisions of FCA article 7, as amended eff. 1/1/20, per Ch. 56, L. 2019.

36
Q

FCA 720.4(b) TRUE OR FALSE
Where a person in need of supervision is 16 years of age or older, the court shall not order or direct detention under this article, unless the court determines and states in its order that special circumstances exist to warrant such detention.

A

(T) FCA 720.4(b)
The secure detention of a respondent in an article 7 proceeding is prohibited. However, 720.4(b) FCA does not exclude all efforts to restrain the respondent. If the court, under 720.4(b) FCA, determines that special circumstances exist to warrant detention, it shall so state and order the detention. This order of detention by the court affects only respondents (PINS) 16 years of age or older.

37
Q

  FCA 733 (a) - (d) TRUE OR FALSE
Any person who witnessed activity causing injury to a person by an alleged person in need of supervision may originate a proceeding under FCA article 7.

A

(T) FCA 733
Persons who may originate proceedings under FCA article 7 are: any person who has suffered injury as a result of the alleged activity of a person alleged to be a PINS or a witness to such activity, a police officer, a peace officer pursuant to his special duties, the parent or other person responsible for his care or agents of a duly authorized association, society or institution.

38
Q

 FCA 733 (e) TRUE OR FALSE
The presentment agency may consent to substitute a petition alleging a person in need of supervision for a petition alleging a person to be a juvenile delinquent.

A

(T) FCA 733 (e)
In this case the presentment agency may originate the proceedings by consenting to substitute a PINS petition for a petition alleging that the person is a juvenile delinquent pursuant to section FCA 311.4.

39
Q

FCA 739 (b) TRUE OR FALSE
When a respondent is detained, the court must order a probable cause hearing.

A

(T) FCA 739 (b)
If the detained respondent does not waive the probable cause hearing, the court must schedule a probable cause hearing to be held within 3 days. The hearing may be adjourned for good cause shown for an additional 3 days.

40
Q

  FCA 743 (a) TRUE OR FALSE
Before accepting an admission, the court shall advise the respondent of his or her right to a fact-finding hearing.

A

(T) FCA 743 (a)

41
Q

 FCA 735 (f) TRUE OR FALSE
Efforts to prevent the filing of a petition by the diversion service lead agency may not extend for more than a period of 90 days without the leave of the court.

A

(F) FCA 735 (f)
Efforts to prevent the filing of a petition may extend until the lead agency, either probation services or social services, determines that there is no substantial likelihood that the youth or his or her family will benefit from further attempts.

42
Q

FCA 737 (b) TRUE OR FALSE
If personal service of a summons cannot be made after reasonable effort, the court may order substituted service as provided in civil process.

A

(T) FCA 737 (b)
Substituted service or “nail and mail” service may be provided by the court after reasonable efforts to personally serve the summons have failed.

43
Q

FCA 740 (b) TRUE OR FALSE
A temporary order of protection is not a finding of wrongdoing.

A

(T) FCA 740 (b)
A temporary order of protection may be ordered upon the filing of the petition or at the initial appearance. It is an interim order of the court and is not a finding of wrongdoing at these stages of the proceedings.

44
Q

  FCA 741 (b) TRUE OR FALSE
The general public may be excluded from an initial appearance proceeding.

A

(T) FCA 741 (b)
This exclusion may extend to any hearing involving a PINS and only persons and the representatives of authorized agencies, who have a direct interest in the case, may be admitted.

45
Q

 FCA 744 (b) TRUE OR FALSE
An uncorroborated confession made out of court by the respondent is sufficient for the court to adjudicate the respondent a person in need of supervision.

A

(F) FCA 744 (b)
The act or acts alleged in the petition must be proven beyond a reasonable doubt. For this purpose an uncorroborated confession made out of court is not sufficient for an adjudication of a person in need of supervision.

46
Q

 FCA 749 (a) TRUE OR FALSE
An adjournment in contemplation of dismissal (ACD) ordered by the court may not exceed six months.

A

(T) FCA 749 (a)
This adjournment is made with a view to ultimate dismissal of the petition. The court may require as a condition of the ACD that the respondent attend and complete an alcohol awareness program where the record indicates that alcoholic consumption may have been a contributing factor.

47
Q

  FCA 757 (b) TRUE OR FALSE
The maximum period of probation under FCA article 7 shall not exceed 2 years.

A

(F) FCA 757 (b)
The maximum period of probation shall be one year. If at the end of one year the court finds that exceptional circumstances exist, the court may continue probation for an additional year.

48
Q

FCA 759(h) TRUE OR FALSE
An order of protection, where applicable, may require the respondent to refrain from intentionally injuring or killing, without justification, certain animals.

A

Answer (T) FCA 759 (h)
The “companion animal” is known to be owned, possessed, leased, kept or held by the person protected by the order of a minor child residing in the household.

49
Q

FCA 758-a TRUE OR FALSE
Restitution in the amount not to exceed $1,000.00 may be ordered by the court involving repair or damage caused by the respondent who is over 10 years of age and less than 16 years of age.

A

Answer (F) FCA 758-a
The laws of 2019 (Chapter 56) changed the pertinent ages to over 12 and less than 18 effective 1/1/20.

50
Q

FCA 782 TRUE OR FALSE
An adjudication of a person in need of supervision shall not disqualify that person from subsequently holding public office.

A

(T) FCA 782
An adjudication of a PINS shall not disqualify that person from holding public office nor shall it operate as a forfeiture of any right or privilege or prevent receiving any license granted by public authority.

51
Q

FCA 784 TRUE OR FALSE
Police records relating to the arrest and disposition of a person in need of supervision shall be sealed and withheld from public investigation.

A

(F) FCA 784
Unlike a juvenile delinquency proceeding where a disposition favorable to the respondent results in the sealing of the records, article 7 records are not sealed but they do remain confidential.
FCA 375.1 & FCA 166.

52
Q

 FCA 724(b) TRUE OR FALSE
After making reasonable efforts to notify parent, person legally responsible or with whom domiciled, the police/peace officer concerned shall take youth directly to family court.

A

F) FCA 724(b)
Youth shall be taken to police station, suitable place per court administrator or place of residence with parent’s permission only when necessary for questioning; to designated lead agency or to runaway and homeless youth crisis services program.