By the Numbers volume 1 Flashcards
119 An “infant” or “minor” means a person who has not attained the age of ___________
Eighteen (18)
154 - For orders of protection and violations of orders of protection, service upon a non-resident or non-domiciliary of a petition and summons shall be made at least _____________ before the return date
TWENTY(20) DAYS
154-b. Order of protection; answer and counter-claims; confidentiality of address.
In every proceeding under articles 4, 5, 6 and 8 of this act in which an order of protection is requested, the respondent may file with the court an answer to the petition and a counterclaim. A counter-claim shall be heard in the same manner as a petition and may be heard on the return date of the petition, provided that the counterclaim is served on the petitioner no later than _______ prior to the return date and said counter-claim and proof of service is filed with the court. The petitioner may file and serve a reply to the counterclaim. A denial of the allegations of the counterclaim shall be presumed if the petitioner does not file and serve a reply.
five days
Hint: “Talk to the hand” (five finger response for five days) - not to be confused with a single, middle finger response
154 -D A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court.
The criminal court must then make the matter returnable in the family court on the next day they are in session, but in no event more than _____________
FOUR (4) CALENDAR DAYS
154 -D A local criminal court may on an ex-parte basis issue a temporary order of protection pending a hearing in the family court.
Any temporary order of protection issued shall also expire not more than ______________ after its issuance
FOUR (4) CALENDAR DAYS
155-a A desk officer in charge at a police station, county jail or police headquarters, or any of his or her superior officers may take cash bail for a person’s appearance before the appropriate court the next morning from any person arrested on a family court warrant. There is a special rule for when this can occur:
- Between XX:XX YY through the night to XX:XX YY the next morning,
or 2. ln NYC between XX:XX YY through the night to XX:XX YY the next morning
The amount of bail set is the amount fixed in the warrant and if an arrest occurs outside of the above hours the respondent would be brought ____________ to answer the warrant
11:00:00 AM…. 8:00 AM…………. 2:00PM ……. 8:00 AM………. directly to the family court
158 - No order of protective custody may extend for a period of more than __________. For good cause shown the court may renew the order for additional periods of ________ , but the total period cannot exceed _______________ .
FOURTEEN (14) DAYS….. FOURTEEN (14) DAYS…….. FORTY-TWO (42) DAYS
HINT: Remember it this way 14 + 14 + 14 = 42 days maximum protective custody
NEW NEW NEW 162 Use of restraints on children in courtrooms
§ 162-a. Use of restraints on children in courtrooms. (a) Use of Restraints. Except as otherwise provided in subdivision (b) of this section, restraints on children under the age of ________ , including, but not limited to, handcuffs, chains, shackles, irons or straitjackets, are prohibited in the courtroom.
(b) Exception. Permissible physical restraint consisting of handcuffs or foot cuffs that shall not be joined to each other may be used in the courtroom during a proceeding before the court only if the court determines on the record, after providing the child with an opportunity to be heard, why such restraint is the least restrictive alternative necessary to prevent:
(1) physical injury to the child or another person by the child;
(2) physically disruptive courtroom behavior by the child, as Evidenced by a recent history of behavior that presented a substantial risk of physical harm to the child or another person, where such behavior indicates a substantial likelihood of current physically disruptive courtroom behavior by the child; or
(3) flight from the courtroom by the child, as evidenced by a recent history of absconding from the court.
twenty-one
244 An agreement between OCA and the legal aid society may be terminated upon notice ________ prior to termination
No designation of a panel of attorneys to act as attorneys for children shall be for more than ________ however successive designations may be made
SIXTY(60) DAYS……….. ONE(1) YEAR
249 - In any proceeding under article ten-B of this act (Former Foster Care Youth Re-entry Proceedings), the family court shall appoint an attorney to represent a youth, under the age of _________, who is the subject of the proceeding, if independent legal representation is not available to such youth
A. 21
B. 20
C. 19
D. 18
C. 17
E. 18
A. 21
* NB Expires September 1, 2023 252A The probation department is entitled to a fee for conducting an investigation in an amount of not less than ___________ nor more than _____________ from the parties based on their ability to pay. Such fee may be apportioned between the parties or even waived. This is unusual as Family Court proceedings are generally cost free.
FIFTY (50) DOLLARS………… FIVE HUNDRED (500) DOLLARS
Aggravated circumstances:
or where a child has subsequently been found to be an abused child within ____________ after return home following placement in foster care as a result of being found to be a neglected child provided that the respondent or respondents in each of the foregoing proceedings was the same;
FIVE (5) YEARS
Aggravated circumstances:
or where the court finds by clear and convincing evidence that the parent of a child in foster care has refused and has failed completely, over a period of at least __________ from the date of removal, to engage in services necessary to eliminate the risk of abuse or neglect if returned to the parent, and has failed to secure services on his or her own or otherwise adequately prepare for the return home and, after being informed by the court that such an admission could eliminate the requirement that the local department of social services provide reunification services to the parent, the parent has stated in court under oath that he or she intends to continue to refuse such necessary services and is unwilling to secure such services independently or otherwise prepare for the child’s return home; provided, however, that if the court finds that adequate justification exists for the failure to engage in or secure such services, including but not limited to a lack of child care, a lack of transportation, and an inability to attend services that conflict with the parent’s work schedule, such failure shall not constitute an aggravated circumstance;
SIX (6) MONTHS
Aggravated circumstances:
or where a court has determined a CHILD ___________ was abandoned by a parent with an intent to wholly abandon such child and with the intent that the child be safe from physical injury and cared for in an appropriate manner
FIVE (5) DAYS OLD OR YOUNGER
FCA 302.1 – JURISDICTION
With respect to a person over __________ and __________ , whenever a crime and a violation arise out of the same transaction or occurrence, a charge alleging both offenses shall be made returnable before the court having jurisdiction over the ________
Nothing herein provided shall be construed to prevent a court, having jurisdiction over a violation relating to a criminal act from lawfully entering a fact finding order where such order is not based upon the count or counts of the petition alleging such criminal act.
(MAYBE? BARD THINKS IT MEANS THIS: In other words, even if a court is hearing a case about a violation related to a criminal act, it can still issue an order that is not related to the criminal act, as long as the order is allowed under section 345.1 of the law. For example, a court could issue an order requiring a person to attend drug treatment, even if the person is not being charged with a drug crime.”
AIXTEEN (16) AND LESS THAN EIGHTEEN (18) YEARS OF AGE……….. CRIME.
FCA 302.1 – JURISDICTION
Where a proceeding had been commenced in the youth part of a superior court for an act alleged to have been committed prior a person’s ____________ and then had been removed to family court, the ___________ shall exercise jurisdiction under this article, even if the respondent may be over the age of _________ prior to the proceeding having commenced in the family court.
EIGHTEENTH (18) BIRTHDAY…… family court …….. EIGHTEEN (18)
FCA 302.2 - STATUTE OF LIMITATIONS
Basic Juvenile Delinquency proceeding
CPL 30.10 SOL or 18th birthday, whichever is earlier
FCA 302.2 - STATUTE OF LIMITATIONS
Designated felony or is an act allegedly committed when the respondent was aged sixteen (16) years or older
CPL 30.10 SOL or 20th birthday, whichever is earlier
FCA 302.2 - STATUTE OF LIMITATIONS
When a proceeding had been commenced in the youth part of a superior court for an act alleged to have been committed prior to his or her eighteenth (18) birthday and then had been removed to family court, a proceeding commenced for an act allegedly committed when the respondent was aged sixteen (16) years or older
CPL 30.10 SOL or 20th birthday, whichever is earlier
FCA 302.3 VENUE
Any motion for removal of the proceeding to another county made by the respondent must be made within ____________
thirty (30) days of the initial appearance.
FCA 302.3 VENUE
Any motion for removal of the proceeding to another county by the presentment agency must be made within _______________
Thirty (30) days of the origination of the action
FCA 304.1 - DETENTION (KNOW THIS)
(NEW) The detention of a child under ____________ in a secure detention facility SHALL NOT be directed, unless such child is at least ____________ and is considered a juvenile delinquent
THIRTEEN (13) YEARS OF AGE……… TEN (10) YEARS OLD
(This new statute implies, as the old statute stated explicitly, that there shall be no secure detention of a child under TEN (10) YEARS OF AGE)
FCA 305.1 - CUSTODY BY A PRIVATE PERSON
Before taking such a child under the AGE OF _______________ Into custody, a private person must inform the child of the cause thereof and require him to submit, except when he is taken into custody on pursuit immediately after the commission of a crime.
SIXTEEN (16)
FCA 306.2. FINGERPRINTING – DUTIES OF DCJS*
Fingerprints Must be forwarded immediately to DCJS who will search its records for information concerning an adjudication or pending matter involving the person arrested. DCJS will promptly transmit its report and findings regarding the arrested person to the forwarding officer or agency.
UPON receipt of a report from DCJS, the recipient officer shall send __________ to the family court in which the proceeding is pending and __________ to the presentment agency (family court’s version of the DA).
The Presentment agency shall then provide a copy to counsel for the __________
TWO (2) COPIES ………. TWO (2) COPIES……… respondent.
FCA 307.1 APPEARANCE TICKET.*
If the respondent is alleged to have committed a designated felony act, the return date of the appearance ticket must be no more than ___________ after the issuance of the appearance ticket, excluding ________ . In all other situations the return date must be within____________ after issuance.
SEVENTY-TWO (72) HOURS……. Saturdays, Sundays and public holidays………. FOURTEEN (14) DAYS
FCA 307.1 APPEARANCE TICKET.*
A copy of the family court appearance ticket shall be forwarded by the issuing person or agency to the complainant, respondent, respondent’s parent/PLR, and appropriate probation service within ___________ after its issuance.
TWENTY-FOUR (24) HOURS
FCA 307.2 - FAILURE TO APPEAR
If the probation service has not secured the child’s attendance within ___________ the case MUST be referred to the Presentment Agency.
SEVEN (7) DAYS
FCA 307.3 PRE-PETITION DETENTION
If a child is brought to a detention facility BEFORE a petition has been filed, the following procedures apply:
(1) Detention Facility (MUST/MAY) release the child if:
(a) the events occasioning the taking into custody do not appear to involve allegations that the child committed a delinquent act.
(2) If the child has not been released under sub. (1) above, and it appears the child did commit a delinquent act, then the Detention Facility MAY release the child WHEN __________
(3) When practicable, in all other situations, if the child is so released, an ____________ must be issued.
(3) If the child is NOT RELEASED, he/she (MUST/MAY) be brought before the Family Court and if the Family Court is not in session, the youth shall be brought to the most accessible magistrate, if any, designated by the appellate division of the supreme court in the applicable department.
However, if a magistrate is not available, such youth shall be brought before such family court within __________ hours or _____________ , whichever is SOONER.
MUST….PRACTICABLE………. APPEARANCE TICKET………. MUST……… SEVENTY-TWO (72)……….. the next day court is in session
307.4- PRE-PETITION HEARING*
Such hearing will be held within __________ of the time the detention began or the next day the court is in session whichever is sooner
SEVENTY-TWO (72) HOURS
307.4- PRE-PETITION HEARING*
Within ______________ of the conclusion of this “hearing following detention”, a petition shall be filed and a probable cause hearing may be held if the respondent denies the charges (FCA 325.1). If the petition is not filed within the __________ the child shall be released … (This is similar to CPL 170.70 Or 180.80)
FOUR (4) DAYS ………… FOUR (4) DAYS
FCA 308.1 Adjustment of cases*
Efforts at adjustment pursuant to rules of court under this section may not extend for a period of more than ___________ without leave of the court which may extend the period for an additional ____________
THREE (3) MONTHS …………. TWO (2) MONTHS
FCA 308.1 Adjustment of cases*
If the case is not adjusted by the probation service, they must notify the Presentment Agency WITHIN _____________ , or ______________ , whichever occurs SOONER.
FORTY-EIGHT (48) HOURS…..the next court day
FCA 308.1 Adjustment of cases*
If a __________ OR ___________ YEAR OLD RESPONDENT is found to have only committed a violation, it (MAY/SHALL) be referred to probation for adjustment unless good cause shown
SIXTEEN (16)………… SEVENTEEN (17)….. MAY
FCA 310.1 PRESENTMENT AGENCY
If the appropriate agency does not originate a proceeding within __________ of receipt of notice from the probation service that a case was not adjusted, it shall notify in writing the _____________ of that fact.
THIRTY (30) DAYS …….. COMPLAINANT
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
When an order of removal pursuant CPL 725 is filed with the clerk of the court:
All minutes of any hearing inquiry or trial held in this action, the minutes of any grand jury proceeding and the minutes of any plea accepted and entered shall be transferred to the family court within _________________
THIRTY (30) DAYS.
FCA PART 311.3 - PETITION; FACT FINDING HEARING
The court shall conduct a single or consolidated hearing when ____________ respondents are charged in separate petitions with the same crime, however a motion for separate hearing may be granted for good cause shown
TWO (2) OR MORE
FCA 311.3. PETITION; FACT-FINDING HEARINGS.
When ____________ respondents are charged in separate petitions with the same crime or crimes the court shall conduct a single or consolidated fact-finding hearing.
Upon motion and good cause shown, they (MAY/SHALL) be held separate
If such petitions, in addition to charging the same crime or crimes against the different respondents, charge other crimes not common to all, the court may still conduct a single fact-finding hearing for the crime or crimes common to all.
TWO (2) OR MORE…….. MAY
FCA PART 311.6 - JOINDER, SEVERANCE AND CONSOLIDATION*
_________ acts are joinable and can be included in separate counts in same petition when:
- Based on same act or criminal_____________
- Different transactions, but proof in one is _______________ to proving the other at fact Finding hearing,
- Defined by same statutes and are same or similar ______________
TWO (2)………… material……….in law
FCA PART 311.6 - JOINDER, SEVERANCE AND CONSOLIDATION*
When _________ or more petitions against the same respondent charge different crimes of a kind that are joinable in a single petition the court may, upon application of either the presentment agency or respondent order that such petitions be consolidated and treated as a single petition for trial purposes.
If the respondent requests consolidation with respect to crimes which are of a kind that are joinable in a single petition by reason of being based upon the same act or criminal transaction, the court (MUST/MAY) order such consolidation unless good cause to the contrary be shown.
TWO (2)…. Must
FCA PART 311.6 - JOINDER, SEVERANCE AND CONSOLIDATION*
In any case where _________ or more crimes or groups of crimes charged in a petition are based upon different criminal transactions, and where their joinability rests solely upon the fact that such crimes, or as the case may be at least one offense of each group, are the same or similar in law, the court, in the interest of justice and for good cause shown, may upon application of either the respondent or the presentment agency order that any one of such crimes or groups of crimes be tried separately from the other or others, or that ____________ or more thereof be tried together but separately from _________ or more others thereof.
TWO (2) ……….. TWO (2) …….. TWO (2)
BARD EXPLANATION: It states that if a person is charged with two or more crimes that are based on different criminal transactions, and if the only reason that the crimes can be tried together is because they are the same or similar in law, then the court can order that the crimes be tried separately. This can be done at the request of either the respondent or the presentment agency}
FCA PART 312.1 Issuance and service of summons*
Service of the summons and petition shall be made by delivery to the person summoned at least____________ before the time stated for appearance. If personal service cannot be made the court may make an order for service in any manner
TWENTY-FOUR (24) HOURS
FCA 312.2 Issuance of a warrant -
Warrant reports - if the court issues a warrant based on the respondent’s failure to appear, the court MUST adjourn the case to a date certain within ________ for a report on the efforts to secure the respondent in court.
EFFORTS (MUST/MAY) BE MADE TO HAVE THE WARRANT EXECUTED DURING THOSE ______________
The court must issue WRITTEN findings of fact as to the efforts to secure the respondents appearance.
IF THERE ARE NO EFFORTS TO SECURE THE RESPONDENT, THAT (CAN/CANNOT) AFFECT THE PRESENTMENT AGENCY’S CASE
THIRTY (30) DAYS……… MUST…..THIRTY (30) DAYS…. CAN
FCA 312.2 Issuance of a warrant -
A juvenile who is arrested pursuant to a warrant issued under this section must forthwith and with all reasonable speed be taken directly to the _________ located in the county in which the warrant had been issued, or, when __________ Is not in session, to the most accessible magistrate, if any, designated by the appellate division of the supreme court in the applicable department.
If a juvenile is brought before an accessible magistrate, the magistrate shall set a date for the juvenile to appear in the family court in the county in which the warrant had been issued, which shall be no later than __________ if the magistrate orders the juvenile to be DETAINED and within ________ if the magistrate orders the juvenile to be released.
In determining whether the juvenile should be released, with or without conditions, or detained, the magistrate shall issue the findings.
The magistrate shall transmit its order to the family court forthwith.
family court …the family court ….. the NEXT DAY the court is in session ………. TEN (10) COURT DAYS
FCA PART 315.2 Motion to dismiss in furtherance of justice-*
A motion to dismiss the petition in the furtherance of justice may be issued upon the motion of the presentment agency, the respondent or the court itself on a variety of different grounds. It must be in writing and filed any time after the filing of the petition.
Notice of motion must be served on the opposing party not less than ___________ prior to the motion being heard, with answering affidavits filed within ___________ prior to the return date
EIGHT (8) DAYS……….. TWO (2) DAYS
8-2 Days - Same as a motion in the CPLR
FCA PART 315.3- Adjournment in contemplation of dismissal
Except for __________ , at any time prior to the conclusion of the fact finding hearing the court may with the consent of the respondent order that the proceeding be “adjourned in contemplation of dismissal” for a period not to exceed ____________
Such adjournment may specify conditions like the completion of an alcohol awareness program
designated felony acts…….. SIX (6) MONTHS
FCA PART 315.3- Adjournment in contemplation of dismissal
Upon motion by the presentment agency,or the court upon its own motion, the matter may be restored to the calendar. If after __________ , it is not restored to the calendar, the petition is deemed to be dismissed in the furtherance of justice
SIX (6) MONTHS
FCA PART 315.3- Adjournment in contemplation of dismissal
(NEW) Where an order of fact-finding that includes solely a __________ committed by a juvenile ____________ OR ____________ there shall be a rebuttable presumption (i.e. this is going to happened unless there is a good argument not to) that the court shall
adjourn the case in contemplation of dismissal, or
refer the case to the probation service for adjustment, or
dismiss the case.
Violation ……….. SIXTEEN (16) YEARS OF AGE OR SEVENTEEN (17) YEARS OF AGE,
320.2 The initial appearance; timing; adjournment and appointment of counsel*
If the respondent is detained the initial appearance shall be held no later than __________ after the petition is filed or the next day the court is in session whichever is sooner
If the respondent is not detained, the initial appearance shall be held as soon as practicable and within _________ of the petition being filed
The ____________ shall notify all counsel of the initial appearance date
SEVENTY TWO (72) HOURS……… TEN (10) DAYS ……… clerk of the court
320.2 The initial appearance; timing; adjournment and appointment of counsel*
The initial appearance may be adjourned for no longer than __________ or until the next court day whichever is sooner for counsel to appear
SEVENTY-TWO (72) HOURS
320.5- The initial appearance; release or detention*
Where an order of fact-finding that includes solely a violation committed by a juvenile __________ OR ____________ , there shall be a rebuttable presumption that
-the court shall refer the case to the probation service for adjustment services, or
-dismiss the case, or
-adjourn the case in contemplation of dismissal.
SIXTEEN (16) YEARS OF AGE OR SEVENTEEN (17) YEARS OF AGE
322.1 Incapacitated person; examination reports
________ qualified psychiatric examiners shall be ordered for this purpose to determine if he or she may be diagnosed as a person with mental illness or an intellectual or developmental disability.
TWO (2)
322.1 Incapacitated person; examination reports
Proceedings will be adjourned until the examination report has been filed with the court, which shall occur within ________ of the entry of the order.
Upon a showing of special circumstances and a finding that a longer period is necessary to complete the examination and report, the court may extend the time for filing the examination report.
TEN (10) DAYS
§ 322.2. Proceedings to determine capacity.
- Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person.
The respondent, the counsel for the respondent, the presentment agency and the commissioner of mental health or the commissioner of developmental disabilities, as appropriate, shall be notified of such hearing at least ____________ prior to the hearing.
FIVE (5) DAYS
§ 322.2. Proceedings to determine capacity.
Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person
If after hearing, probable cause is found that the respondent committed a misdemeanor, then they will be committed to the custody of the commissioner not to exceed ____________
(NEW) Unless the court specifies that such commitment shall be in a residential facility, such commissioner having custody may arrange for treatment in an appropriate facility or program, including an outpatient program
(KNOW THIS) The court shall dismiss the petition on the issuance of the order of commitment and such dismissal shall constitute a bar to further prosecution of the charge or charges contained in the petition.
NINETY (90) DAYS.
§ 322.2. Proceedings to determine capacity.
Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person
- (a) If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities for an initial period not to exceed _________ from the date of such order.
ONE (1) YEAR
§ 322.2. Proceedings to determine capacity.
Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person
If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities
If needed, such commitment may be extended annually, by application, not more than _________ prior to expiration on forms that have been prescribed by the chief administrator of the courts.
SIXTY (60) DAYS
§ 322.2. Proceedings to determine capacity.
Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person
If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities
If needed, such commitment may be extended annually.
At that time, the commissioner must give written notice of the application to the respondent, the counsel representing the respondent and the mental hygiene legal service if the respondent is at a residential facility.
Upon receipt of such application, the court must conduct a hearing to determine the issue of capacity.
If, at the conclusion of a hearing conducted pursuant to this subdivision, the court finds that the respondent is no longer incapacitated, he or she shall be returned to the family court for further proceedings pursuant to this article.
If the court is satisfied that the respondent continues to be incapacitated, the court shall authorize continued custody of the respondent by the commissioner in a facility or program for a period not to exceed _______
ONE (1) YEAR.
§ 322.2. Proceedings to determine capacity.
Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person
If the court finds that there is probable cause to believe that the respondent committed a felony, it shall order the respondent committed to the custody of the commissioner of mental health or the commissioner of the office for people with developmental disabilities
If needed, such commitment may be extended annually.
Such extensions shall not continue beyond a reasonable period of time necessary to determine whether the respondent will attain the capacity to proceed to a fact finding hearing in the foreseeable future but in no event shall continue beyond the respondent’s ___________ or, if the respondent was at least ____________ when the act was committed, beyond the respondent’s ___________
(b) If a respondent is in the custody of the commissioner upon their _________ BIRTHDAY, or if the respondent was at least __________ when the act resulting in their placement was committed, beyond the respondent’s ____________ the commissioner shall notify the clerk of the court that the respondent was in his custody on such date and the court shall dismiss the petition.
EIGHTEENTH (18) BIRTHDAY ………….. SIXTEEN (16) YEARS OF AGE ……….. TWENTY-FIRST (21) BIRTHDAY……
EIGHTEENTH (18) BIRTHDAY ………….. SIXTEEN (16) YEARS OF AGE ……….. TWENTY-FIRST (21) BIRTHDAY.
§ 322.2. Proceedings to determine capacity.
Upon the receipt of examination reports, the court shall conduct a hearing to determine whether the respondent is an incapacitated person
(c) If the court finds that there is probable cause to believe that the respondent has committed a designated felony act, the court shall require that treatment be provided in a residential facility within the appropriate office of the department of mental hygiene or in an outpatient facility if the commissioner having custody of the child petitions the court and such court approves.
(d) The commissioner shall review the condition of the respondent within __________ after the respondent is committed to the custody of the commissioner. He or she shall make a second review within ________ after the respondent is committed to his or her custody. Thereafter, he or she shall review the condition of the respondent every ____________ . The respondent and the counsel for the respondent, shall be notified of any such review and afforded an opportunity to be heard.
The commissioner having custody shall apply to the court for an order dismissing the petition whenever they determine that there is a substantial probability that the respondent will continue to be incapacitated for the foreseeable future. At the time of such application the commissioner must give written notice of the application to the respondent, the presentment agency and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such application, the court may on its own motion conduct a hearing to determine whether there is substantial probability that the respondent will continue to be incapacitated for the foreseeable future, and it must conduct such hearing if demanded by the respondent or the mental hygiene legal service within __________ from the date that notice of the application was given to them.
The respondent may apply to the court for an order of dismissal on the same ground.
FORTY-FIVE (45) DAYS…. NINETY (90) DAYS…….. NINETY (90) DAYS……… TEN (10) DAYS
§ 322.2. Proceedings to determine capacity.
- If the commissioner having custody of a child committed to a residential facility due to probable cause to believe that the child committed a felony determines at any time that such child may be more appropriately treated in a non-residential facility or on an outpatient basis, he or she may arrange for such treatment.
If the commissioner having custody of a child committed to a residential facility due to probable cause to believe that the child has committed a designated felony act determines at any time that such child may be more appropriately treated in a non-residential facility or on an outpatient basis, he or she may petition the family court for a hearing.
If the court finds after a hearing that treatment in a non-residential facility or on an outpatient basis would be more appropriate for such child, the court shall modify its order of commitment to direct the commissioner to transfer the child to a non residential facility or arrange outpatient treatment.
Application for a hearing to determine whether any child committed to a residential facility under subdivisions four or five of this section may be more appropriately treated in a non-residential facility or on an outpatient basis may be made by the respondent.
8.If the commissioner however feels the respondent is not incapacitated, he shall petition the court for a hearing. The respondent and the presentment agency shall be notified of a scheduled hearing within ____________ If the court finds after hearing the respondent is no longer incapacitated, he shall be returned to the family court for further proceedings
A. 24 hours
B. 48 hours
C. 72 hours
D. 3 days
E. 5 days
A. 24 hours
325.1. The probable-cause hearing; time.*
A probable cause hearing shall be scheduled if at the initial appearance the respondent denies the charges and it is determined he will be detained for more than __________ pending a fact finding hearing
THREE (3) DAYS
325.1. The probable-cause hearing; time.*
** The probable cause hearing shall be held within ________ following the initial appearance or within __________ following the filing of the petition whichever occurs sooner **
THREE (3) DAYS……… FOUR (4) DAYS
325.2. The probable-cause hearing; order of proceeding.*
The hearing should be completed in one session however if adjourned it may be for _____________
only ONE (1) COURT DAY
§ 330.1. Bill of particulars.
Such refusal FOR A BILL OF PARTICULARS shall be made in a writing, which shall set forth the grounds of such belief as fully as possible, consistent with the reason for the refusal. Within __________ of the request or as soon thereafter as practicable, the refusal shall be served upon the respondent and a copy shall be filed with the court.
fifteen days
340.1. Time of fact-finding hearing.*
The fact-finding hearing must commence within the time limitations set out in Sec. 340.1. The time for the hearing depends on whether the respondent is in detention or at liberty.
If the respondent is “in detention” and the highest count in the petition charges a CLASS A, B OR C FELONY, the fact finding hearing shall commence not more than ___________________ after the conclusion of the initial appearance
FOURTEEN (14) DAYS
340.1. Time of fact-finding hearing.*
The fact-finding hearing must commence within the time limitations set out in Sec. 340.1. The time for the hearing depends on whether the respondent is in detention or at liberty.
If the respondent is “in detention” and the highest count in the petition charges less than a CLASS C FELONY,the fact finding hearing shall commence not more than ___________ after the conclusion of the initial appearance
THREE (3) DAYS
340.1. Time of fact-finding hearing.*
The fact-finding hearing must commence within the time limitations set out in Sec. 340.1. The time for the hearing depends on whether the respondent is in detention or at liberty.
If the respondent is “not in detention”, the fact finding hearing shall commence not “ more than ___________ after the conclusion of the initial appearance
SIXTY (60) DAYS
340.1. Time of fact-finding hearing.*
The fact finding hearing may be adjourned on the court’s own motion or on motion of the presentment agency for _________ if the respondent is in detention and for _________ if he is not in detention
On motion of the respondent, the adjournment shall be not more than ___________, and on the court’s own motion for not more than ________ FOR AN ACOD
THREE (3) DAYS………. THIRTY (30) DAYS…… THIRTY (30) DAYS….. SIX (6) MONTHS
343.1. Rules of evidence; testimony given by children.*
Any person may testify as a witness in a delinquency proceeding.
Every witness more than _________ may testify ONLY under oath unless the court orders otherwise
NINE (9) YEARS OLD
Hint:”Nein” in German means “NO”
343.1. Rules of evidence; testimony given by children.*
Any person may testify as a witness in a delinquency proceeding
A witness under _________ may NOT testify under oath unless the court is satisfied he understands the nature of the oath
NINE (9) YEARS OLD
Hint:”Nein” in German means “NO”
347.1- Required testing of the respondent in certain proceedings-
In any proceeding where the respondent is found to have committed a Sexual Felony Offense for which the act of oral, anal or general sexual intercourse, the court must upon request of the _____ order the respondent to submit to HIV related testing.
Test results shall not be disclosed to the court, but shall be communicated to the ____________ AND ___________
Any such request made by the victim must be in writing and made within ___________ after the filing of the fact finding order
Victim …. respondent and the victim…….. TEN (10) DAYS
350.1. Time of dispositional hearing.
If the respondent is detained and has NOT been found to have committed a designated felony act, the dispositional hearing shall commence not more than ___________ after the entry of the fact finding order
TEN (10) DAYS
350.1. Time of dispositional hearing.
In all cases which includes detained upon a designated felony act or not detained at all, the dispositional hearing shall commence not more than __________ from the entry of the fact finding order
FIFTY (50) DAYS
350.1. Time of dispositional hearing.
The court may adjourn the dispositional hearing on its own motion or on motion of the presentment agency for up to _________ or on motion of the respondent for up to ___________
TEN (10) DAYS…….. THIRTY (30) DAYS
350.2- Order of removal*
The date of the filing of an order of removal from criminal court (CPL 725) shall be considered the __________ of the proceeding in family court.
The clerk of the court (yes, you!) shall calendar an appearance to be held within ________ of the date of the order, at such appearance a dispositional hearing will be scheduled
date of filing …….. SEVEN (7) DAYS
350.3 Dispositional hearings; evidence and required quantum of proof - appearance of presentment agency
The victim has the right to make a statement with regard to any matter relevant to the question of disposition.
If the victim chooses to make a statement, they shall notify the court at least ____________ prior to the date of the dispositional hearing.
The court shall notify the respondent at least __________ prior to the dispositional hearing of the victim’s intent to make a statement.
The victim shall not be made aware of the final disposition of the case.
TEN (10) DAYS……….. SEVEN (7) DAYS
351.1 - PROBATION REPORTS
(a) Probation Investigation - must include prior conduct of the respondent, the family situation, any previous psychological and psychiatric reports, school adjustment, previous social assistance provided by voluntary or public agencies and the response by the juvenile of such assistance.
Additionally, the investigation must include a “victim impact statement” where such information might be relevant to the court.
All reports and assessments shall be made available for inspection and copying by the presentment agency as well as the respondent at least ____________ prior to the commencement of the dispositional hearing
FIVE (5) COURT DAYS
353.1 Conditional discharge.
The court may conditionally discharge the respondent for a period not to exceed:
____________
Upon issuance of the conditional discharge, the respondent will be released without probation supervision but subject to certain conditions
A. Six months
B. One year
C. Two Years
D. Three years
B. One year
353.1 Conditional discharge.
The court can modify or enlarge the conditions at any time, and just like in the CPL, the respondent need not be present if such modification is a ______________of conditions, otherwise they must be present
The respondent must be given a written copy of the conditions at the time a conditional discharge is ordered or modified, provided, however, that whenever the respondent has not been personally present at the time of a modification, the court shall notify the respondent in writing within __________ after such modification, specifying the nature of the elimination or relaxation of any condition and the effective date thereof.
relaxation ….. TWENTY (20) DAYS
353.2. Probation
The court may order a period of probation, which shall not exceed __________ however the court may extend it if circumstances require for ____________
TWO (2) YEARS……. ONE (1) ADDITIONAL YEAR
353.2. Probation
- When ordering a period of probation, the court may, as a condition of such order, further require that the respondent:
(a) meet with a probation officer when directed to do so by that officer and permit the officer to visit the respondent at home or elsewhere;
(b) permit the probation officer to obtain information from any person or agency from whom respondent is receiving or was directed to receive diagnosis, treatment or counseling;
(c) permit the probation officer to obtain information from the respondent’s school;
(d) co-operate with the probation officer in seeking to obtain and in accepting employment, and supply records and reports of earnings to the officer when requested to do so;
*(Know this) (e) obtain permission from the probation officer for any absence from respondent’s residence in excess of__________ ; and
(f) with the consent of the division for youth, spend a specified portion of the probation period, not exceeding___________ , in a non-secure facility provided by the division for youth pursuant to the executive law.
two (2) weeks…….. ONE (1) YEAR
353.7 Placement in qualified residential treatment programs (NEW)
When a child is in the care of the local social services district or the office of children and family services, and the district or office plans to place the child in a residential treatment program, they must tell the court, parties lawyers, and the child’s lawyer within________ of the decision to change or the actual change, whichever is sooner.
If the placement is anticipated on a future date, they must tell the court, parties’ lawyers, and the child’s lawyer within __________ of the change.
If the child was placed in a residential treatment program on or after September 29, 2021, the court must review the placement within _________ .
The court will consider the child’s needs, the appropriateness of the placement, and whether the placement is in the child’s best interests.
The court may approve or disapprove the placement.
one business day…one business day…. 60 days
353.7 Placement in qualified residential treatment programs (NEW)
Court review - Within _______ of placing a respondent in a qualified residential treatment program, the court will review the placement.
The court will consider the following:
The assessment, determination, and documentation made by the qualified individual
Whether the needs of the respondent can be met through placement in a foster family home
Whether placement of the respondent in a qualified residential treatment program provides the most effective and appropriate level of care for the respondent in the least restrictive environment
Whether that placement is consistent with the short-term and long-term goals for the respondent as specified in the respondent’s permanency plan
The court will approve or disapprove the placement
60 days
353.7 Placement in qualified residential treatment programs (NEW)
The court may review the placement of a respondent in a qualified residential treatment program on its own motion, or the motion of any of the parties or the attorney for the respondent without a hearing but ONLY upon the consent of ___________ .
In the event that the court conducts the court review requirement but does not conduct it in a hearing, the court shall issue a written order specifying any determinations made and provide such written order to the parties and the attorney for the respondent expeditiously, but no later than __________
Documentation of the court’s determination pursuant to this section shall be recorded in the respondent’s case record.
all parties …….. FIVE (5) DAYS.
353.7 Placement in qualified residential treatment programs (NEW)
Nothing in this section shall prohibit the court’s review of a placement in a qualified residential treatment program from occurring at the same time as another hearing scheduled for such respondent, including but not limited to the respondent’s permanency hearing, provided such approval is completed within ____________ of the start of such placement.
SIXTY (60) DAYS
RETENTION OF FINGERPRINTS: 354.1
Adjudication of JD for Felony - Notification to DCJS of finding- In cases where the respondent was fingerprinted pursuant to 306.1, the court is required to notify DCJS of an adjudication that the respondent was found to have committed a felony (or when the respondent was only _____ years old, the notification must be sent only when the finding was for an A or B Felony).
TWELVE (12)
RETENTION OF FINGERPRINTS: 354.1
Adjudication for less than felony or dismissal - Notification to DCJS and heads of all police departments - Clerk of Court shall notify DCJS and the heads of all police department/law enforcement agencies having copies of the fingerprint records whenever the case has been dismissed against the child or the adjudication was for less then a felony (or less than a B Felony for a child _______ YEARS OLD of the arrest charge).
DCJS shall destroy the records.
TWELVE (12)
RETENTION OF FINGERPRINTS: 354.1
If a person is fingerprinted under section 306.1 and is later adjudicated a juvenile delinquent for a felony, but was 12 years old at the time of the offense and the offense would constitute a class A or B felony, the person’s fingerprints will be destroyed when they reach the age of ________ or have been discharged from placement under this act for at least ________ years and have no criminal convictions or pending criminal actions that ultimately terminate in a criminal conviction.
TWENTY-ONE (21)…….. three
355.2 New hearing; staying, modifying or terminating an order - Motion procedures
A motion for this relief above must be in writing.
If the motion is denied, a motion requesting the same or similar relief cannot be filed for a period of _______ after such denial, unless the order of denial permits renewal at an earlier time.
Ninety (90) days
355.3- Extension of placement
The commissioner of social services or the division for youth may petition the court for an extension of placement at least _______ prior to the expiration of the current period of placement. The court will hold a hearing and may extend such placement for a period not to exceed _______ .
Temporary extensions may be made
SIXTY (60) DAYS………. ONE (1) YEAR
355.3- Extension of placement
* ln the case of a respondent who has attained the age of _______ , the court must consider the services needed if any, to assist the child in making the transition from foster care to independent living*
Sixteen (16)
Note this is similar to 355.5 PPH where the age is fourteen (14). They do this on purpose to drive you crazy. Hang in there, kitty.
355.4- Provisions for routine medical, dental and mental health services and treatment
At the conclusion of the dispositional hearing where the respondent is placed, the court will seek the parent’s consent for provisions to be made for routine medical, dental and mental health services and treatment
Where the court places a youth with the division pursuant to this article and no medical consent has been obtained prior to an order of disposition, the placement order shall be deemed to grant consent for the division for youth to provide for routine medical, dental and mental health services and treatment to such youth so placed.
At any time during placement or at an extension of placement hearing, a parent or legal guardian may make a motion objecting to such care.
Such notice of motion shall be served on the youth, the presentment agency and the division not less than ______ prior to the return date of the motion. The persons on whom the notice of motion is served shall answer the motion not less than _________ before the return date.
SEVEN (7) DAYS……… TWO (2) DAYS
355.5- Permanency hearing
The initial permanency hearing shall be held not less than ______ MONTHS after the respondent was placed with the commissioner of social services or with foster care
A respondent is considered to have entered foster care ________ after being removed from his home
Subsequent permanency hearings shall be held no later than every _________ MONTHS following the respondent’s initial permanency hearing, but in no event past the respondent’s _________ birthday; provided, however, that they shall be held in conjunction with an extension of placement hearing
TWELVE (12)…… SIXTY (60) DAYS……. TWELVE (12)……. twenty-first
355.5- Permanency hearing
A petition for an initial or subsequent permanency hearing shall be filed by the office of children and family services or by the commissioner of social services no later than _________ prior to the end of the month in which the initial or subsequent permanency hearing must be held
SIXTY (60) DAYS
355.5- Permanency hearing
At the permanency hearing the court will determine in its order
1. That reasonable efforts were made to return the respondent to his home or that reasonable efforts were made to have alternate placement
2. That if the respondent has reached the age of _________ (Eff. 4/4/16), the services needed, if any, to assist the respondent in the transition from foster care to successful adulthood
14
355.5- Permanency hearing
The court (SHALL/MAY) consult with the respondent in an age-appropriate manner regarding the permanency plan.
If the respondent is _______ years of age or older and the requested permanency plan is placement in another planned permanent living arrangement with a significant connection to an adult willing to be a permanency resource for the respondent, the court must ask the respondent about the desired permanency outcome.
SHALL… Sixteen (16)
(KNOW THIS) 375.1- Order upon termination of a delinquency action in favor of the respondent*
Upon the termination of a delinquency proceeding against a respondent in favor of such respondent, unless the presentment agency or the court on its own motion with not less than ___________ notice to such respondent demonstrates that the interests of justice require otherwise then the records of such action or proceeding shall be sealed
The clerk of the court shall immediately notify the “attorney for the child”, counsel, presentment agency, heads of the probation department and law enforcement that the proceeding has terminated in favor of the respondent
EIGHT (8) DAYS
375.2- Motion to seal after a finding
A motion can be made to seal the appropriate records in an action that has resulted in a finding of delinquency other than a finding that the respondent committed a designated felony act
Such motion must be in writing upon _____________ notice to the presentment agency whose answering affidavits shall be served not less ____________ before motion is returnable
EIGHT (8) DAYS …….TWO (2) DAYS
This is similar to 8-2-0 (time for a motion in CPLR)
375.2- Motion to seal after a finding
Such a motion cannot be filed until the respondent’s __________ BIRTHDAY*
EIGHTEENTH (18)
353.3- PLACEMENT
When the respondent is placed with the office of children and family services, the court shall authorize the office to do one of the following:
- Place the respondent in a __________ facility without further hearing at any time or from time to time in the first _______ of residency in the office of children and family service facilities. In the event that the office desires to transfer a respondent to a secure facility at any time after the first _________ of residency in office facilities, a hearing shall be held
secure………. SIXTY(60) DAYS………. SIXTY(60) DAYS……….
353.3- PLACEMENT
When the respondent is placed with the office of children and family services, the court shall authorize the office to do one of the following:
- Place the respondent in a ___________ secure facility. The respondent can be transferred to a secure facility if necessary but not until the passage of ____________ , unless he commits acts which are exceptionally dangerous
limited………… TWENTY (20) DAYS
353.3- PLACEMENT
If the respondent committed a felony the initial period of placement shall not exceed __________
EIGHTEEN (18) MONTHS
353.3- PLACEMENT
If the respondent committed a misdemeanor the initial period of placement shall not exceed _________
TWELVE (12) MONTHS
353.3- PLACEMENT
The place in which or the person with whom the respondent has been placed under this section shall submit a report to the court, respondent’s attorney of record, and presentment agency at the conclusion of the placement.
Where the respondent is placed and the agency is not seeking an extension of placement, such report shall be submitted not later than __________ prior to the conclusion of placement
Where the respondent is placed and the agency is seeking an extension of placement, and a permanency hearing, such report shall be submitted not later than _________ prior to the date upon which the permanency hearing must be held
The report shall contain a plan for after release or conditional release as well as educational plans.
THIRTY (30) DAYS…….. SIXTY (60) DAYS
353.3- PLACEMENT
The placement can be extended for an additional_______ period.
one-year
353.3- PLACEMENT
In its discretion, the court may recommend restitution or require services for the public good pursuant in conjunction with an order of placement.
{If the court places a respondent with the office of children and family services pursuant to this section after finding that such child committed a felony, the court may, in its discretion, further order that such respondent shall be confined in a residential facility for a minimum period set by the order, not to exceed __________ .}
SIX (6) months
353.3- PLACEMENT
A respondent CANNOT be placed in a ________________ FACILITY as a result of an order of placement with the commissioner of the local social services district under this section, however the court can order a respondent to be detained in a detention facility for up to __________ while they are being transferred to a placement authorized and ordered or, in a city of one million or more, for up to _________ while they are being transferred to a placement authorized and ordered
DETENTION …………… THIRTY (30) DAYS……. FIFTEEN (15) DAYS
§ 353.4. Transfer of certain juvenile delinquents* .
If at the conclusion of the dispositional hearing, the court determines The juvenile has a mental illness or intellectual or developmental disability and will likely result in serious harm to the juvenile or others, the court may issue an order placing such respondent with the office of children and family services or, with the consent of the local commissioner, with a local commissioner of social services.
If the juvenile meets the conditions for transfer, the court will order the juvenile to be transferred, within _________ , to the custody of the Commissioner of Mental Health or the Commissioner of Developmental Disabilities.
The juvenile may be retained for up to _________
thirty days……… one year
§ 353.4. Transfer of certain juvenile delinquents*
If at the conclusion of the dispositional hearing, the court determines The juvenile has a mental illness or intellectual or developmental disability and will likely result in serious harm to the juvenile or others, the court may issue an order placing such respondent with the office of children and family services or, with the consent of the local commissioner, with a local commissioner of social services.
After ________ the juvenile will be transferred back to the Office of Children and Family Services or the local commissioner of social services
Within _______ of such transfer back, application shall be made by the facility court to conduct a further dispositional hearing, except that the period of any further order of disposition shall take into account the period of placement already served.
one year……… thirty days
§ 353.4. Transfer of certain juvenile delinquents*
If at the conclusion of the dispositional hearing, the court determines The juvenile has a mental illness or intellectual or developmental disability and will likely result in serious harm to the juvenile or others, the court may issue an order placing such respondent with the office of children and family services or, with the consent of the local commissioner, with a local commissioner of social services.
Where the order of disposition is for a restrictive placement, the court may, as part of the order of disposition, direct the temporary transfer, within _________ , for a period of up to ________ of the respondent to the custody of the commissioner of mental health or of developmental disabilities
thirty days………. one year
§ 353.4. Transfer of certain juvenile delinquents*
At any time prior to the expiration of such period, if the facility determines that the child is no longer mentally ill or no longer in need of active treatment, facility shall make application to the family court for an order transferring the child back to the office of children and family services. Not more than ____________ before the expiration of such period, there shall be a hearing, at which time the court may:
(i) extend the temporary transfer of the respondent for an additional period of up to ____ __________ ; or
(ii) continue the restrictive placement of the respondent in the custody of the office of children and family services.
thirty days…………. one year
§ 353.4. Transfer of certain juvenile delinquents*
No order of disposition placing the respondent in shall be entered except upon clear and convincing evidence which shall include the testimony of ____ examining physicians
two
353.5. Designated felony acts; restrictive placement.
Where the respondent is found to have committed a designated felony act, the order of disposition shall be made within _____________ of the conclusion of the dispositional hearing and shall include a finding based on a preponderance of the evidence whether the defendant is in need of restrictive placement
TWENTY (20) DAYS
353.5. Designated felony acts; restrictive placement.
The court shall order restrictive placement in any case where the respondent inflicted serious injury during the commission of a designated felony act upon a person who is _________ years of age or more
A. Sixty
B. Sixty-two
C. Sixty-three
D. Sixty-four
B. Sixty-two
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
When the order for restrictive placement is for a youth found to have committed a designated class A felony act, the respondent shall be placed for initial period of ________
The youth will be placed in a secure facility for at least ______ but not more than __________.
FIVE (5) YEARS…… twelve (12) months…. eighteen(18) months
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
During the first ___________ months of the youth’s placement, no motion, hearing, or order may be made, held, or granted for a new hearing, staying, modifying, or terminating an order except for a motion to vacate the order may be made pursuant to CPL 440.10 “Motion to vacate judgment”.
TWELVE (12)
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
Residential placement
After the 12-to 18-month period, the youth will be placed in a residential facility for __________
TWELVE (12) MONTHS
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
Discharge
The youth will not be discharged from the custody of the division for youth until at least __________ years after the initial placement.
The youth may be discharged after ________ years if a motion under section 355.1 “New hearing; staying, modifying or terminating an order” is granted by the court.
THREE (3)…… THREE (3)
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
Upon the expiration of the initial period of placement, or any extension thereof, the placement may be extended for an additional period not to exceed___________ , but no initial placement or extension of placement under this section may continue beyond the respondent’s __________ BIRTHDAY, or, for an act that was committed when the respondent was SIXTEEN (16) YEARS of age or older, the respondent’s _____________ .*
TWELVE (12) MONTHS………. TWENTY-FIRST (21)……….. TWENTY-THIRD (23) BIRTHDAY
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
When the order for restrictive placement is for a youth found to have committed a designated felony act, other than a class A felony act, the respondent shall be placed for initial Period of __________
THREE (3) YEARS
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
The respondent shall be placed in a secure facility for at least ________ but not more than ________ .
SIX (6)…..TWELVE (12) MONTHS
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
The respondent may not be released from placement during the first ________ period for any motion, hearing or order pursuant to section 355.1 except for a motion to vacate the order made pursuant to CPL 440.10 “Motion to vacate judgment”
six (6) month
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
After the period of SECURE PLACEMENT, the respondent shall be placed in a residential facility for a period set by the order, to be not less than ______ nor more than _________ months.
After the expiration of the ________ to _______ MONTHS in a residential facility following secure placement, the respondent shall not be released from a residential facility without the written approval of the director of the division for youth or his designated deputy director.
SIX (6)…. TWELVE (12)………. SIX (6)……. TWELVE (12)
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
Upon the expiration of the initial period of placement, or any extension, the placement may be extended for an additional period not to exceed _________
No placement under this section may continue beyond the respondent’s __________ birthday.
12 months…. TWENTY-FIRST (21) BIRTHDAY
353.5. Designated felony acts; restrictive placement.
For designated class A and less than class A Designated felonies The division shall report in writing to the court not less than once every __________ during the placement on the status, adjustment and progress of the respondent.
6 months
353.5. Designated felony acts; restrictive placement.
Home Visits
For all designated felonies, no home visits shall be permitted during the period of secure confinement set by the court order or _________ , whichever is less, except for emergency visits for medical treatment or severe illness or death in the family.
one (1) year
353.5. Designated felony acts; restrictive placement.
Home visits
For all designated felonies, all home visits must be accompanied home visits:
(A) while a youth is confined in a secure facility, whether such confinement is pursuant to a court order or otherwise;
(B) while a youth is confined in a residential facility other than a secure facility within _________ after confinement in a secure facility; and
(C) while a youth is confined in a residential facility other than a secure facility in excess of __________ after confinement in a secure facility unless __________ accompanied home visits have already occurred.
SIX (6) MONTHS…..SIX (6) MONTHS….. TWO (2)
418- GENETIC MARKER AND DNA TESTS
If the DNA report indicates a ______________ probability of paternity, then a rebuttable presumption of paternity shall be established.
NINETY-FIVE PERCENT (95%)
424A- COMPULSORY FINANCIAL DISCLOSURE
A sworn statement (FINANCIAL DISCLOSURE AFFIDAVIT) of net worth shall be filed with the clerk on a date to be fixed by the court but in no event later than _________ after the return date of the petition
TEN (10) DAYS
427-SERVICE
Personal service of the summons and petition may be made by delivery to the person summoned at least __________ before the time stated for appearance or by delivery to a person of suitable age and discretion at the respondent’s place of business or dwelling AND mailing to the last known address at least __________ before the time stated for appearance
EIGHT (8) DAYS …. EIGHT (8) DAYS
427-SERVICE
Service can also be made by mail alone at least __________ before the time stated for appearance, regardless if attempted by the first two methods mentioned above. lf service is by mail alone, the court will only enter an order of default for support upon proof the respondent actually received the notice (certified mail and signed for)
EIGHT (8) DAYS
427-SERVICE
The respondent has _________ from the entry of a default order to make a motion for relief from such order.
ONE (1) YEAR
428- WARRANTS
A certificate of warrant expires ___________ from the date of issue but may be renewed from time to time by the clerk of the court
NINETY (90) DAYS
412 - SPOUSAL SUPPORT:
“income cap” shall mean up to and including ________________ of the payor’s annual income; provided, however, beginning March first, two thousand twenty and every two years thereafter, the income cap amount shall increase by the sum of the average annual percentage changes in the consumer price index for all urban consumers for the prior two years multiplied by the then income cap and then rounded to the nearest one thousand dollars. The office of court administration shall determine and publish the income cap.
one hundred eighty-four thousand dollars
413- CHILD SUPPORT:
The parents of a child under the age of __________ YEARS of age are chargeable with the support of such child, unless the children are “emancipated” earlier, in fair and reasonable sum as the court may determine.
Parents cannot be ordered to pay child support beyond the child’s ________ birthday.
TWENTY ONE (21) …….. 21st
413- CHILD SUPPORT:
What are the child support percentages?
413- CHILD SUPPORT:
The child support percentage shall mean:
17% of the combined parental income for one child +8
25% of the combined parental income for two children +4
29% of the combined parental income for three children +2
31% of the combined parental income for four children +4
No less than 35% of the combined parental income for five or more children
413- CHILD SUPPORT:
The “Self- support reserve” shall mean ______ of the poverty income guidelines for a single person. On MARCH 1, of each year the self-support reserve shall be revised to reflect the annual updating of poverty income guidelines:
135.00%
413- CHILD SUPPORT:
Non-custodial parents income below the poverty income guidelines: Where the annual amount of the basic child support obligation would reduce the noncustodial parents income below the poverty income guidelines for a single person the basic child support obligation shall be __________ DOLLARS PER MONTH. For such a person, unpaid child support arrears in excess of ________ dollars shall not accrue
TWENTY-FIVE (25.00) … 500.00
413- CHILD SUPPORT:
Available- Health Insurance Benefits are available when:
The cost of the insurance is reasonable
Reasonable in cost- if the cost does not exceed ______ of combined parent income
5.00%
413- CHILD SUPPORT:
Health insurance benefits are considered “reasonably accessible” if the child lives within the area covered by the health plan, which should be within _______ minutes or ________ miles to the health services provided.
30… 30
413- CHILD SUPPORT:
CASH MEDICAL SUPPORT - The court shall determine the party’s obligation to provide health insurance benefits and to pay “cash medical support” which means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by a parent through an employer or organization, including such employers or organizations which are self insured, or through other available health insurance or health care coverage plans, and/or for other health care expenses not covered by insurance. This amount shall be no more than ____ of the gross income or the difference between the non custodial parents income and the Self Support Reserve, whichever is less
5.00%
§ 413-B. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS.
1.Notwithstanding any other law, a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of ____________ , when it shall appear to the satisfaction of the court that:
- the person is developmentally disabled,
- resides with the person seeking such support, and
- is principally dependent on such person for maintenance.
twenty-six
§ 413-B. SUPPORT ORDERS FOR CERTAIN ADULT DEPENDENTS.
In addition the court may consider whether the financial responsibility of caring for the individual has been unreasonably placed on one parent when determining the child support obligation.
The duration of time the court may use when considering this factor shall be limited to the time period from when the child turned _________ until the individual turns ________ If a child support order ended at the age of ________ then such time period shall be from when the child turned _________ until the individual turns __________
Twenty-one (21) ……. twenty-six…. eighteen ………. eighteen (18) ………. twenty-six (26).
416- ELEMENTS OF SUPPORT; PROVISIONS FOR ACCIDENT, LIFE AND HEALTH INSURANCE BENEFITS.
Health insurance benefits are considered “reasonably accessible” if the child lives within the area covered by the health plan, which should be within ______ minutes or ________ miles to the health services provided
30 ………. 30
433- HEARING.
TELEPHONE OR VIDEO TESTIMONY
The Family Court Uniform Rules have added a provision which sets out a procedure for telephonic hearings. Rule 205.44
The parties must submit an application to appear by telephone/video at least _________ before
The party requesting to appear by telephone/video must submit all financial disclosure _______ of hearing
three (3) days……in advance
437 - PRESUMPTION OF SUFFICIENT MEANS.
A respondent is presumed to be able to support his or her spouse and children under the age of ___________
TWENTY-ONE (21)
439 POWERS OF MAGISTRATES (MAY CHANGE 08/2023)
Objections
Specific written objections to a final order of a support magistrate may be filed by either party within __________ after receipt of the order in court or_________ after the mailing of the order. The party objecting must also serve a copy of their objections on their opposing party who shall have __________ to serve and file a written rebuttal to such objections
THIRTY (30) DAYS……. Five (35) DAYS……. THIRTEEN (13) DAYS
439 POWERS OF MAGISTRATES (MAY CHANGE 08/2023)
Objections
A judge must rule within _________ of the rebuttal being filed or the time to file a rebuttal expiring (time when it could have been filed) and shall do one of the following:
1. Remand one or more issues of fact to the support magistrate
2. Make with or without holding a hearing, his or her own findings
3. Deny the objections
FIFTEEN (15) DAYS
Write it as a timeline: (30 or 35) - 13 -15
The chief administrator of the courts shall promulgate rules for the selection, appointment and compensation of support magistrates (YES, IT IS THE CHIEF ADMINISTRATOR, SO THE CPLR SAYS)
***Support magistrates shall be attorneys admitted to practice law at least _________ , they shall be appointed for a term of __________ and may be reappointed for subsequent terms of ___________ **
three years… three years….. three years…. five years*
440 Order of support.
If there is an acknowledgment of PARENTAGE (paternity), the court must ask the parties if it has been duly filed, and, if not, the clerk must file it within _________ days.
FIVE (5)
440 Order of support.
All support orders must include _______ point bold type informing the respondent that willful failure to obey the order may after court hearing result in commitment to jail for a term not to exceed ________ for contempt of court and that they have a right to seek a modification of the child support order upon a showing of:
- A substantial change in circumstances; or
- _________ have passed since the order has been entered or last modified; or
- There has been a change in either party’s gross income by _________ or more since the order has been entered or last modified
Eight (8) ……. SIX (6) MONTHS……… Three years……15%
413 - ONE-TIME ADJUSTMENT OF CHILD SUPPORT ORDERS ISSUED PRIOR TO SEPTEMBER 15, 1989.
A hearing on the adjustment of such order shall be granted upon the objection of either party. An order shall be adjusted if as of the date of the support collections review, the correct amount of child support would deviate by at least _______ from the child support ordered in the last permanent order
TEN (10) %
