FCA ART 1 & 2

Question 1

112 The family court act applies in all __________ of the state of New York

Answer 1

counties

Question 2

113 Establishment of court. The family court of the state of New York is established in each ______ of the state as part of the unified court system for the state

Answer 2

county

Question 3

114 “Exclusive original jurisdiction” means the proceedings over which the family court is given such jurisdiction (MUST/MAY) be originated in the family court as described in this act.

• This however in no way limits or impairs the jurisdiction of the ________

Answer 3

MUST….. Supreme Court

Question 4

115 The family court has exclusive original jurisdiction over:
1. Proceedings concerning juvenile delinquency (Article 3)
2. Support proceedings (Article 4)
3. Paternity proceedings and support for children out of wedlock (Article 5)
4. Termination of parental rights to guardianship and custody by reason of permanent neglect, or by reason of mental illness or intellectual disability (new), and severe and repeated child abuse, or the death of one or both parents where no guardian has been lawfully appointed, or by reason of abandonment of the child for a period of ____________ prior to the filing of the petition, where the child is under the jurisdiction of the family court
5. A person in need of supervision (Article 7)
6. Abuse and Neglect proceedings (Article 10)

Answer 4

SIX MONTHS

Question 5

115 The family court has such other jurisdiction including but not limited to:
1. Habeas corpus proceedings
2. Support, maintenance and distribution of marital property and custody when referred to the family court from the supreme court
3. Conciliation proceedings
4. Proceedings concerning physically handicapped, or (NEW) developmentally disabled children

Answer 5

115 The family court has such other jurisdiction including but not limited to:
1. Habeas corpus proceedings
2. Support, maintenance and distribution of marital property and custody when referred to the family court from the supreme court
3. Conciliation proceedings
4. Proceedings concerning physically handicapped, or (NEW) developmentally disabled children

Question 6

115 And lastly over additional matters as is provided by law such as:
1. Adoption and custody (Article 6)
2. UIFSA (Article 5B)
3. Foster care and custody (10A)
4. Former foster children (10B) and Destitute children (10C) (New)
5.Guardianship and custody
6. interstate compact on juveniles and placement of children
7. Uniform child custody jurisdiction and enforcement

Answer 6

And lastly over additional matters as is provided by law such as:
1. Adoption and custody (Article 6)
2. UIFSA (Article 5B)
3. Foster care and custody (10A)
4. Former foster children (10B) and Destitute children (10C) (New)
5.Guardianship and custody
6. interstate compact on juveniles and placement of children
7. Uniform child custody jurisdiction and enforcement

Question 7

115 The family court and the criminal court have concurrent jurisdiction over family offenses (G SHESMADS SIC, etc.) but you already knew that

Answer 7

The family court and the criminal court have concurrent jurisdiction over family offenses (G SHESMADS SIC, etc.) but you already knew that

Question 8

115 The family court has the power to suspend driving privileges, recreational licenses and permits of persons who are delinquent in child and/or spousal support obligations or persons who have failed to comply with summonses, subpoenas or warrants relating to child _____ OR __________

Answer 8

support or paternity

Question 9

116 - The court when _________ shall place children with associations, agencies, societies and appointed guardians of the same ____________ or persuasion as that of the child

Answer 9

practicable……….. religious faith

Question 10

117 There is established in a family court a “__________”. Such part shall be __________ from all other proceedings. Cases involving child abuse shall be transferred to such part unless there are matters pending in another part involving members of the same family or household. In that case the judge presiding over those matters can hear the child abuse allegations as well.

Answer 10

child abuse part……. held separate

Question 11

117 There is hereby established in the family court in the city of NY at least one “___________ “. Outside the city of NY all proceedings involving such an allegation shall have a hearing preference over every other proceeding in the court with the sole exception of proceedings under article __________

Answer 11

designated felony act part… 10 (Abuse and Neglect).

Question 12

117 The __________ of the courts may establish one or more separate support parts for the purpose of expediting support proceedings

Answer 12

chief administrator (YES, THE CHIEF ADMINISTRATOR!!!)

Question 13

118 - The seal of the family court consists of the words “Family court of the state of NY” followed by the name of the county using the seal

Answer 13

118 - The seal of the family court consists of the words “Family court of the state of NY” followed by the name of the county using the seal

Question 14

119 “A duly authorized association, agency, society or institution” means a society for the prevention of cruelty to children duly incorporated under the laws of this state or any institution supported or controlled by the state duly empowered to care for children which:
1. ls incorporated under the laws of this state or
2. Actually has its place of business or home within the state
3. ls approved, visited, inspected and supervised by the department of family assistance

Answer 14

119 “A duly authorized association, agency, society or institution” means a society for the prevention of cruelty to children duly incorporated under the laws of this state or any institution supported or controlled by the state duly empowered to care for children which:
1. ls incorporated under the laws of this state or
2. Actually has its place of business or home within the state
3. ls approved, visited, inspected and supervised by the department of family assistance

Question 15

119 “A person legally responsible for the child’s care” includes the child’s ________, _________, or ___________ for the child’s care

Answer 15

custodian, guardian or any other person responsible

Question 16

119 An “infant” or “minor” means a person who has not attained the age of ___________

Answer 16

Eighteen (18)

Question 17

120 All expenses of the court including judicial and non-judicial salaries within the city of NY are a _____ charge and outside the city of NY are a ________.

Exception, take note: Salaries of __________ appointed to ___________ shall be a state charge payable out of funds appropriated to OCA.

Answer 17

City….. county charge…….. support magistrates…….. compel support

Question 18

151- Judges of the family court are __________

Answer 18

Magistrates

Question 19

152- Each family court judge may administer _______ and _________. They may also designate ________ of his court to do so as well

Answer 19

oaths and take acknowledgments ……… an official

Question 20

152 - A judge (MAY/MAY NOT) dispense with placing a minor under oath prior to taking testimony

Answer 20

MAY

Question 21

153- A family court can issue a subpoena or a warrant to secure or compel the attendance of a person and may also admit to, fix or accept bail or parole him pending completion of the hearing or proceeding. A family court can also issue a subpoena duces tecum (for books or records) in accordance with the CPLR.

Answer 21

153- A family court can issue a subpoena or a warrant to secure or compel the attendance of a person and may also admit to, fix or accept bail or parole him pending completion of the hearing or proceeding. A family court can also issue a subpoena duces tecum (for books or records) in accordance with the CPLR.

Question 22

153A -

• A warrant of arrest may be executed on any day of the week, at any hour of the day or night.
• Unless encountering physical resistance, the officer making the arrest must inform the person that a warrant for his arrest has been issued.
• Upon request the officer must show him the warrant although the officer is not required to have the warrant in his possession.
• The officer may use physical force to affect the arrest as necessary.
• He may enter a premise after giving notice of his authority and purpose of entry, even by force if needed

Answer 22

153A - A warrant of arrest may be executed on any day of the week, at any hour of the day or night. Unless encountering physical resistance, the officer making the arrest must inform the person that a warrant for his arrest has been issued. Upon request the officer must show him the warrant although the officer is not required to have the warrant in his possession. The officer may use physical force to affect the arrest as necessary. He may enter a premise after giving notice of his authority and purpose of entry, even by force if needed

Question 23

153A - A warrant of arrest may not be executed on a Sunday. T/F?

Answer 23

False. 153A - A warrant of arrest may be executed on any day of the week, at any hour of the day or night.

Question 24

153A - Unless encountering ____________ the officer making the arrest must inform the person that a warrant for his arrest has been issued. Upon request the officer must show him the warrant although the officer is not required to have the warrant in his possession. The officer may use physical force to affect the arrest ___________ . He may enter a premise (BEFORE/AFTER) giving notice of his authority and purpose of entry, even by force if needed

Answer 24

physical resistance…. as necessary…. AFTER

Question 25

153A - Must an officer have a warrant in his possession to effectuate it?

Answer 25

No.

Question 26

153-b Whenever the petitioner requests an order of protection, the summons and petition and the order of protection if issued may be served on any day of the week, at any hour of the day or night. This is usually done by a police officer or peace officer, who will then file with the court an affirmation, certificate or affidavit of service or attempted service if unable to serve successfully.

Answer 26

153-b Whenever the petitioner requests an order of protection, the summons and petition and the order of protection if issued may be served on any day of the week, at any hour of the day or night. This is usually done by a police officer or peace officer, who will then file with the court an affirmation, certificate or affidavit of service or attempted service if unable to serve successfully.

Question 27

153 -B Transmission of facsimile or other electronic means may be used for expedited service of Orders of Protection and the accompanying papers. T/F?

Answer 27

TRUE

Question 28

153-B Service of Temporary order of Protection or Order of Protection is usually done by a police officer or peace officer UNLESS the party requesting the order of protection requests to forego the above process by police or sheriff and state on the record (in court before the judge), that he/she will arrange for service of the summons, petition, and temporary order of protection (if issued); d) proof of service must be provided to the court (affirmation, certificate or affidavit of service)

Answer 28

153-B Service of Temporary order of Protection or Order of Protection is usually done by a police officer or peace officer UNLESS the party requesting the order of protection requests to forego the above process by police or sheriff and state on the record (in court before the judge), that he/she will arrange for service of the summons, petition, and temporary order of protection (if issued); d) proof of service must be provided to the court (affirmation, certificate or affidavit of service)

Question 29

153-c

• Any person who appears at the family court requesting an order of protection is entitled to file a petition without delay _________________
• The hearing for the order of protection may occur that same day as well, but no later than ______________ the family court is open

Answer 29

on that same day. …….the next day

Question 30

153-c Any person who appears at the family court requesting an order of protection is entitled to file a petition when?

A. The next day
B. The next day the family court is in session
C. Without delay on that same day
D. Without unnecessary delay

Answer 30

C. Without delay on that same day

Question 31

153-c Any person who appears at the family court requesting an order of protection is entitled to file a petition without delay on that same day. The hearing for the order of protection may occur that same day as well, but no later than when?

A. The next day the family court is open
B. Without unnecessary delay
C. Without delay on that same day
D. The next day

Answer 31

A. The next day the family court is open

Question 32

153-B family offense petitions. (DIRECT FROM CPLR) (b) As provided in this section, the _____________, with the approval of the administrative board of the courts, may promulgate rules to establish and implement a pilot program for the filing of petitions for temporary orders of protection by electronic means and for the issuance of such orders ex parte by audio-visual means in order to accommodate litigants for whom attendance at court to file for, and obtain, emergency relief would constitute an undue hardship or to accommodate litigants, for whom traveling to and appearing in the courthouse to obtain emergency relief, creates a risk of harm to such litigant.

Answer 32

chief administrator of the courts

Question 33

154 The family court is a statewide court and can send process to _______ within the state with the same force and effect as in the originating county

Answer 33

any county

Question 34

154 - The family court can even send process outside the state for proceedings to _________ or ____________ or __________.

Answer 34

establish paternity or to modify or enforce support

Question 35

154 - The family court can also send process outside the state for service of an _______ or if a _______ is alleged under article 4,5,6,8 or 10 even though the person is not a resident of the state as long as:
1. The act or acts giving rise to the order of protection occurred in the state
2. The applicant for an order of protection resides or has contacts within the state

Answer 35

order of protection ….. violation

Question 36

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

Answer 36

TWENTY(20) DAYS

Question 37

For orders of protection and violations of orders of protection, when service is effectuated on an out of state respondent, and the respondent defaults by failing to appear, the court on its own motion (sua sponte) or upon the application of any party, including the attorney for the child, may proceed to a hearing with respect to the issuance or enforcement of the Order of Protection

Answer 37

For orders of protection and violations of orders of protection, when service is effectuated on an out of state respondent, and the respondent defaults by failing to appear, the court on its own motion (sua sponte) or upon the application of any party, including the attorney for the child, may proceed to a hearing with respect to the issuance or enforcement of the Order of Protection

Question 38

Section 154-a. Service of petition. In every proceeding in family court, a copy of the petition filed therein shall be served upon the respondent at the time of service of process or, if that is not practicable, at ______________________

Answer 38

the first court appearance by respondent.

Question 39

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.

Answer 39

five days

Hint: “Talk to the hand” (five finger response for five days) - not to be confused with a single, middle finger response

Question 40

154b The court upon its own motion or upon motion of _________ can authorize the address of any party or child to remain confidential. Pending such a finding the address will be safeguarded and sealed

Answer 40

any party

Question 41

154b lf a party resides in a program for victims of domestic violence, the address of such program (SHALL/SHALL NOT) be revealed

Answer 41

shall not

Question 42

154b The court shall designate the clerk of the court or other disinterested person upon their consent as agent of process for the party with the confidential address, who will then forward such necessary documents to them
(d) In any case in which such confidentiality authorization is made, the party whose address is to remain confidential shall inform the clerk of the court or disinterested person designated by the court of any change in address for purposes of receipt of service of process or any papers.

Answer 42

154b The court shall designate the clerk of the court or other disinterested person upon their consent as agent of process for the party with the confidential address, who will then forward such necessary documents to them
(d) In any case in which such confidentiality authorization is made, the party whose address is to remain confidential shall inform the clerk of the court or disinterested person designated by the court of any change in address for purposes of receipt of service of process or any papers.

Question 43

154-c All orders of protection shall plainly state _____________

Answer 43

the expiration date of such order

Question 44

154 -c Any motion to vacate or modify any order of protection or temporary order of protection issued under this act shall be on notice to the __________ and the child’s attorney, if any. No order of protection may direct any party to observe conditions of behavior unless: (i) the party requesting the order of protection has served and filed a petition or counter-claim in accordance with article four, five, six or eight of this act .

Answer 44

non-moving party

Question 45

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 provided that a sworn affidavit is submitted:
1. Alleging the family court is not in session
2. Alleging a family offense has been committed
3. Alleging a family offense petition has been filed or will be filed the next day the family court is in session
4. Showing good cause

Answer 45

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 provided that a sworn affidavit is submitted:
1. Alleging the family court is not in session
2. Alleging a family offense has been committed
3. Alleging a family offense petition has been filed or will be filed the next day the family court is in session
4. Showing good cause

Question 46

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 petitioner shall be advised of the option to proceed in the _________ and (upon the filing of an accusatory instrument) in the criminal court at the same time or one or the other

Answer 46

family court

Question 47

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 _____________

Answer 47

FOUR (4) CALENDAR DAYS

Question 48

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

Answer 48

FOUR (4) CALENDAR DAYS

Question 49

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 also immediately forward to the family court in a manner designed to arrive prior to the return date there, ________________ AND _____________

Answer 49

a copy of the temporary order of protection and affidavit

Question 50

154 -d The same general rules apply concerning temporary orders of protection issued by the criminal court apply to the modification of an order of protection except there has to be a showing that the current order of protection is _________________ for the purposes of protection.

This is an exception to the general rule that modifications of orders of protection need to be on notice as stated in 154-c, for here it is ex parte

Answer 50

insufficient

Question 51

154-e A valid order of protection or temporary order of protection issued by a court of competent jurisdiction in another state, (MAY/SHALL) be afforded full faith and credit and enforced as if issued by a court within the state

An order under this section is considered valid if:

1. The issuing court had personal jurisdiction over the parties and the subject matter
2. The person against whom the order is issued against had reasonable notice and an opportunity to be heard prior to its issuance

Answer 51

SHALL

Question 52

155 - If an adult respondent is arrested under this act when the family court is not in session, he shall be taken to _______________ and arraigned
The magistrate thereafter may commit such respondent to the custody of the sheriff, admit to, fix or set bail, or parole him for a hearing before the Family Court

Answer 52

the most accessible magistrate

Question 53

155 The protected party in whose favor the order of protection or temporary order of protection is issued, (MAY/MAY NOT) be held to violate an order issued in his or her favor, nor may such protected party be arrested for violating such order.

Answer 53

may not

Question 54

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:

1. Between XX:XX XX through the night to XX:XX XX the next morning,

or

2. ln NYC between XX:XX XX through the night to XX:XX XX 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

Answer 54

11:00:00 AM…. 8:00 AM…………. 2:00PM ……. 8:00 AM………. directly to the family court

Question 55

156- The provisions in the judiciary law for civil and criminal contempts (DO/DO NOT) apply here in the family court act as well

Answer 55

DO

Question 56

157 - lf there is any conflict in the application of any provision in this part with a provision for a proceeding elsewhere in the FCA, The article governing __________ in the FCA controls

Answer 56

that proceeding

Question 57

158- The family court may place in protective custody a person under the age of _____ who is a material witness

A. 18
B. 17
C. 16
D. 15

Answer 57

C. 16

Question 58

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 _______________ .

Answer 58

FOURTEEN (14) DAYS….. FOURTEEN (14) DAYS…….. FORTY-TWO (42) DAYS

HINT: Remember it this way 14 + 14 + 14 = 42 days maximum protective custody

Question 59

161 The days and hours the court is open shall be provided by ________

Answer 59

rule of court.

Question 60

161 The rules of the court allow for a judge other than a family court judge to perform a family court judge’s functions in specified sections of the act

Answer 60

161 The rules of the court allow for a judge other than a family court judge to perform a family court judge’s functions in specified sections of the act

Question 61

161 ln certain sections _______ is authorized to perform the functions of a family court judge

Answer 61

any magistrate

Question 62

162- There (SHALL/MAY) be a waiting room for the care of children brought to the family court

Answer 62

SHALL

Question 63

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 provided below, 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.

Answer 63

twenty-one

Fight, Flight, Physically Disruptive

Personally, I think it should be Phight, Phlight, Physically Disruptive

Question 64

163- Proceedings, which involve children, shall be heard separately and apart from adult proceedings where ________

Answer 64

Practicable

Question 65

164- CPLR rules apply here in the family court act regulating judicial notice, authentication and proof of records. T/F?

Answer 65

TRUE

Question 66

165- lf no method of procedure is provided by this act, the rules of the administrative board of the judicial conference or the _____ will control

Answer 66

CPLR

Question 67

166- Family court records are not open to indiscriminate public inspection, however the court in its discretion may permit inspection of any papers or records

Answer 67

166- Family court records are not open to indiscriminate public inspection, however the court in its discretion may permit inspection of any papers or records

Question 68

166 - Any duly authorized agency, association, society or institution to which a child is committed (MAY/MAY NOT) cause an inspection of the record of investigation

Answer 68

MAY

Question 69

167 - Unless a person makes an objection to the manner of service, the appearance in court by such person is conclusive proof that the summons was duly served

Answer 69

167 - Unless a person makes an objection to the manner of service, the appearance in court by such person is conclusive proof that the summons was duly served

Question 70

168- When the family court issues an order of protection or temporary order of protection the clerk of the court shall issue a copy of such order to the petitioner and respondent or _____________

Answer 70

any other person affected by the order

Question 71

168 The presentation of the copy of an order of protection or temporary order of protection, warrant or certificate of warrant to any peace officer or police officer shall constitute the authority to arrest the person charged with violating such order

Answer 71

The presentation of the copy of an order of protection or temporary order of protection, warrant or certificate of warrant to any peace officer or police officer shall constitute the authority to arrest the person charged with violating such order

Question 72

168 - The clerk of the court shall file with the sheriff’s office or police department in the county where the (PETITIONER/RESPONDENT) resides a copy of the order of protection or temporary order of protection

Answer 72

PETITIONER

Question 73

168 - Any order of protection or temporary order of protection shall clearly bear the language on the front page of the order as follows: “this order constitutes an order of protection” lt shall also contain the following notice:

“This order of protection will remain in effect even if the protected party has, or consents to have, contact or communication with the party against whom the order is issued. This order of protection can only be modified or terminated by the court. The protected party cannot be held to violate this order nor be arrested for violating this order.”

The absence of such language shall not affect the validity of such order

Answer 73

168 - Any order of protection or temporary order of protection shall clearly bear the language on the front page of the order as follows: “this order constitutes an order of protection” lt shall also contain the following notice:

“This order of protection will remain in effect even if the protected party has, or consents to have, contact or communication with the party against whom the order is issued. This order of protection can only be modified or terminated by the court. The protected party cannot be held to violate this order nor be arrested for violating this order.”

The absence of such language shall not affect the validity of such order

Question 74

NEW NEW NEW § 169. Translation and interpretation of orders of protection.

The office of court administration shall ensure that a court order of protection and temporary order of protection issued by the court is translated in writing into the appropriate language for a party to a proceeding where the court has appointed an interpreter.

The office of court administration shall ensure that the standard language of the office of court administration order of protection and temporary order of protection forms shall be translated in writing in the languages most frequently used in the courts of each judicial department .

A copy of the written translation shall be given to each party in the proceeding, along with the original order or temporary order of protection issued in English.

A copy of this written translation shall also be included as part of the record of the proceeding.

The court shall read the essential terms and conditions of the order aloud on the record and direct the court appointed interpreter to interpret the same terms and conditions.

Such written translation or interpretation shall not affect the validity or enforceability of the order.

In every case a party to a proceeding shall be provided with an English copy of any court order of protection or temporary order of protection issued.

The authority provided herein shall be in addition to and shall not be deemed to diminish or reduce any rights of the parties under existing Law

Answer 74

NEW NEW NEW § 169. Translation and interpretation of orders of protection.

The office of court administration shall ensure that a court order of protection and temporary order of protection issued by the court is translated in writing into the appropriate language for a party to a proceeding where the court has appointed an interpreter.

The office of court administration shall ensure that the standard language of the office of court administration order of protection and temporary order of protection forms shall be translated in writing in the languages most frequently used in the courts of each judicial department .

A copy of the written translation shall be given to each party in the proceeding, along with the original order or temporary order of protection issued in English.

A copy of this written translation shall also be included as part of the record of the proceeding.

The court shall read the essential terms and conditions of the order aloud on the record and direct the court appointed interpreter to interpret the same terms and conditions.

Such written translation or interpretation shall not affect the validity or enforceability of the order.

In every case a party to a proceeding shall be provided with an English copy of any court order of protection or temporary order of protection issued.
The authority provided herein shall be in addition to and shall not be deemed to diminish or reduce any rights of the parties under existing Law

Question 75

171 An order of the family court in any county may be enforced or modified in that county or in the family court in any county in which the party affected by the order __________OR _________

Answer 75

resides or is found

Question 76

172 When a county other than the county in which an order was made is going to enforce or modify such order, the petition must have _________ OR _________ of the original order attached

Answer 76

an original or certified copy

Question 77

773- lf a new County takes over a family court proceeding and does not transfer it back to the original court, then it will keep the case and have the original court send them ____________

Answer 77

the entire file

Question 78

174- The family court can transfer a proceeding to any other county for good cause where the proceeding ______________

Answer 78

might have been originated

Question 79

175- A violation of probation that occurs in a county other than the county in which the order of probation was made can be heard in ____________ OR _____________

Answer 79

that county or the county which made the order

Question 80

176- When a person placed on probation lives in another county, or a person already on probation wants to move to another county in the state, the family court can transfer the proceedings for the supervision of probation to the new county where the probationer now or will reside

The new probation department will assume all the powers and duties of the original issuing probation department

Answer 80

176- When a person placed on probation lives in another county, or a person already on probation wants to move to another county in the state, the family court can transfer the proceedings for the supervision of probation to the new county where the probationer now or will reside

The new probation department will assume all the powers and duties of the original issuing probation department

Question 81

247- Minors who are subject to family court proceedings or appeals should be represented by counsel of their choosing or by assigned counsel

Answer 81

247- Minors who are subject to family court proceedings or appeals should be represented by counsel of their choosing or by assigned counsel

Question 82

242- “______________” refers to attorneys admitted to practice law in the state of NY and designated to represent minors

Answer 82

“Attorney for the child”

Question 83

243- OCA may enter into an agreement with a _________ to provide attorneys to represent children for the family court or appeals from family court proceedings

The appellate division of the Supreme Court can designate a panel of attorneys or enter into an agreement with other qualified attorneys to serve as attorneys for children as necessary. lt may invite a bar association to make recommendations of qualified attorneys for this purpose

Answer 83

legal aid society

Question 84

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

Answer 84

SIXTY(60) DAYS……….. ONE(1) YEAR

Question 85

245- Attorneys for children shall be compensated and allowed expenses on a cost basis as part of the legal aid society, an appointed panel of attorneys, or individually as counsel

Answer 85

245- Attorneys for children shall be compensated and allowed expenses on a cost basis as part of the legal aid society, an appointed panel of attorneys or individually as counsel

Question 86

245 - The ____________of the judicial conference may provide standards for the exercise of powers granted to _____________ under this part

A. Family Court
B. Support Magistrates
C. Appellate Division
D. Appellate Term

Answer 86

administrative board of the judicial conference……… C. Appellate Division

Question 87

The costs of “attorneys for children” shall be payable by whom?
A. The County or City of New York
B. The State of New York
C. The Parents
D. The Moving Party

Answer 87

B. The State of New York

Question 88

KNOW THIS 249

ln the following proceedings an “attorney for the child” MUST be appointed if no other counsel is representing the minor:

Answer 88

3, 7, 10s…

1. Article 3 Juvenile Delinquency
2. Article 7 Persons in need of supervision (PINS)
3. Article 10 Child protective proceedings including 10A,10B and 10C and in other matters involving the revocation of an adoption consent, certain social service law proceedings or whenever a minor is to be placed in protective custody
   in other matters involving the revocation of an adoption consent, certain social service law proceedings or whenever a minor is to be placed in protective custody

Question 89

The respondent (IS/IS NOT) permitted to waive counsel in proceedings involving placement of a juvenile delinquent or person in need of supervision or continued commitment to the custody of commissioner of mental health or the commissioner of people with developmental disabilities

Answer 89

IS NOT PERMITTED

Question 90

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

Answer 90

A. 21

Question 91

249 - Generally the court will try to appoint the same attorney who may have previously represented that child. lf a JD proceeding is begun as a result of a removal to the family court pursuant to CPL725, then the attorney who represented the child in criminal court shall be appointed as the “attorney for the child” in the family court

Answer 91

249 - Generally the court will try to appoint the same attorney who may have previously represented that child. lf a JD proceeding is begun as a result of a removal to the family court pursuant to CPL725, then the attorney who represented the child in criminal court shall be appointed as the “attorney for the child” in the family court

Question 92

249A A minor in a JD, PINS or any proceeding where the minor is detained under the interstate compact for juveniles, is considered to lack the knowledge and maturity to waive the appointment of an attorney. After the “attorney for the child” is appointed, a hearing can be held to determine this further.

There needs to be ____________ (the highest civil quantum of proof):

1. The minor understands the charges, what dispositions can occur and the possible defenses to these charges
2. The minor possesses the maturity, knowledge and intelligence to conduct his own defense
3. The waiver is in the best interest of the minor

Answer 92

clear and convincing evidence

Question 93

249b- The __________________ shall promulgate rules for the workload standards of attorneys for children, including the number of children they can represent at any one time to ensure the children are receiving effective assistance of counsel within legal and ethical mandates. These attorneys will also receive initial and ongoing training

Answer 93

chief administrator of the courts

Question 94

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.

Answer 94

FIFTY (50) DOLLARS………… FIVE HUNDRED (500) DOLLARS

Question 95

254- The __________ or corporation counsel in the city of NY may present a case in support of a petition if deemed necessary.

A. District attorney
B. County Attorney

Answer 95

B. County Attorney

Question 96

254 - ln all cases involving abuse the corporation counsel of the city of NY or the appropriate __________ outside the city of NY shall be a necessary party to the proceeding

A. District attorney
B. County Attorney

Answer 96

A. District attorney

Question 97

254a- The county attorney or the corporation counsel (in NYC) can enter into an agreement with the ___________ to present a case in support of a petition alleging a designated felony act had been committed.

Such agreement must meet the approval of the mayor within NYC or the respective County Executive outside the city

Answer 97

district attorney

Question 98

255- Schools and other public organizations or officials (MAY/SHALL) cooperate with the needs of the family court.

Answer 98

SHALL

Question 99

256- Any child placed or committed shall be subject to visits or inspections from state board of social welfare or ____________

Answer 99

department of social services

Question 100

267- Certain proceedings in the family court allow for counsel to be appointed to those who cannot afford it. They have a right to such counsel and must be informed of such right and given an opportunity to have counsel appointed or have the matter adjourned to confer with counsel of their choice

Answer 100

267- Certain proceedings in the family court allow for counsel to be appointed to those who cannot afford it. They have a right to such counsel and must be informed of such right and given an opportunity to have counsel appointed or have the matter adjourned to confer with counsel of their choice

Question 101

262 Article 18B of the county law provides for the implementation of the assignment of counsel

The following parties have a right to counsel:

• The respondent in a proceeding under article 10,10-A or 10-C,
• The petitioner in Visitation of minors in foster care (part B Art. 10]
• The petitioner AND respondent in Article 8 (Family offenses) - know this!
• The respondent in custody matters (part 3 Art. 6)
• The parent or person having legal custody of a child under Article 10,10A, 10B or 10C
• The parent of a child seeking custody or contesting right to custody
• A person the subject of a contempt proceeding
• The parent of a child who opposes an adoption of that child
• The respondent in a proceeding under Article 5 (paternity)
• Or any other proceeding where the court feels assignment of counsel is mandated by the constitution of NYS or the United States

Answer 101

262 Article 18B of the county law provides for the implementation of the assignment of counsel

The following parties have a right to counsel:

The respondent in a proceeding under article 10,10-A or 10-C,
The petitioner in Visitation of minors in foster care (part B Art. 10]

The petitioner AND respondent in Article 8 (Family offenses) - know this!

The respondent in custody matters (part 3 Art. 6)
The parent or person having legal custody of a child under Article 10,10A, 10B or 10C

The parent of a child seeking custody or contesting right to custody

A person the subject of a contempt proceeding
The parent of a child who opposes an adoption of that child

The respondent in a proceeding under Article 5 (paternity)
Or any other proceeding where the court feels assignment of counsel is mandated by the constitution of NYS or the United States

Question 102

262 – Who is eligible for 18B assigned counsel in an FCA Article 8 Family Offense Proceeding?

A. The Petitioner only
B. The Respondent only
C. The Petitioner or the Respondent
D. The Petitioner and the Respondent

Answer 102

D. The Petitioner and the Respondent