FCA ART 3 VOLUME 1 Flashcards
(52 cards)
301.1. - Purpose. The purpose of this article is to establish procedures in accordance with due process of law
(a) to determine whether a person is a juvenile delinquent and
(b) to issue an appropriate order of disposition for any person who is adjudged a juvenile delinquent.
301.1. - Purpose. The purpose of this article is to establish procedures in accordance with due process of law
(a) to determine whether a person is a juvenile delinquent and
(b) to issue an appropriate order of disposition for any person who is adjudged a juvenile delinquent.
301.1 - In any proceeding under this article, the court shall consider the needs and best interests of the ___________ as well as the need for protection of the community.
respondent
“Detention” means the temporary care and maintenance of children away from their own homes in a facility certified by ________ as a detention facility.
The division for youth
__________ means a facility characterized by physically restricting construction, hardware and procedures.
“Secure detention facility”
“Designated class A felony act” means a designated felony act that would constitute a __________ felony if committed by an adult.
class A
“Secure Facility” characterized by Physically restrictive construction, hardware and procedures and is designated as a secure facility by ____________
the division of youth.
“Fact-finding hearing” means a hearing to determine whether the respondent or respondents _____________ alleged in the petition or petitions.
committed the crime or crimes
FCA 3
“Dispositional hearing” means a hearing to determine whether the respondent requires _________, _____________, or _____________
supervision, treatment or confinement.
SuTreCon
The agency or authority which is responsible for presenting a juvenile delinquency petition
* Presentment Agency*
* Presentment Agency*
IN NYC
CORPORATION COUNSEL
* Presentment Agency*
OUTSIDE NYC
COUNTY ATTORNEY
* Presentment Agency*
ONLY ON DESIGNATED FELONY ACT
DISTRICT ATTORNEY
“Incapacitated Person” Means a respondent who, as a result of mental illness, or intellectual or developmental disability, lacks the capacity to __________ or _____________
understand the proceedings against him/her or to assist in his/her own defense.
Aggravated circumstances:
where a child has been either ________ or ________
severely or repeatedly abused
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
Permanency Hearing: Means an initial hearing or subsequent hearing held for the purpose of reviewing the______________ and the appropriateness of the permanency plan developed by the Commissioner of Social Services or the Office Of Children And Family Services.
foster care status of the respondent
“Designated educational official” shall mean an employee or representative of a school who is designated to receive records pursuant to this article and to coordinate the student’s participation in programs which may exist in the school district or community.
Such notification shall be kept separate and apart from such student’s school records and shall be accessible only by the designated educational official.
Such notification shall not be part of such student’s permanent school record and shall not be included in any documentation regarding such student and shall be destroyed at such time as such student is no longer enrolled in the school district.
At no time shall such notification be used for any purpose other than those specified in this subdivision.
“Designated educational official” shall mean an employee or representative of a school who is designated to receive records pursuant to this article and to coordinate the student’s participation in programs which may exist in the school district or community.
Such notification shall be kept separate and apart from such student’s school records and shall be accessible only by the designated educational official.
Such notification shall not be part of such student’s permanent school record and shall not be included in any documentation regarding such student and shall be destroyed at such time as such student is no longer enrolled in the school district.
At no time shall such notification be used for any purpose other than those specified in this subdivision.
301.3. Applicability of article to actions and matters occurring before and after effective date
The provisions of this article apply to:
- all juvenile delinquency actions and proceedings commenced upon or after the effective date of this article and all appeals and other post-judgment proceedings
- All juvenile delinquency actions and proceedings commenced prior to the effective date of this article but still pending on such effective date
- Appeals and other post-judgment proceedings commenced upon or after such effective date which relate or attach to juvenile delinquency
- Actions and proceedings commenced or concluded prior to such effective date provided that, if application of such provisions in any particular case would not be feasible or would work injustice, the provisions of article seven pertaining to juvenile delinquency actions apply thereto, as such article seven read immediately prior to the effective date of this article.
301.3. Applicability of article to actions and matters occurring before and after effective date
The provisions of this article apply to:
all juvenile delinquency actions and proceedings commenced upon or after the effective date of this article and all appeals and other post-judgment proceedings
all juvenile delinquency actions and proceedings commenced prior to the effective date of this article but still pending on such effective date
appeals and other post-judgment proceedings commenced upon or after such effective date which relate or attach to juvenile delinquency actions and proceedings commenced or concluded prior to such effective date provided that, if application of such provisions in any particular case would not be feasible or would work injustice, the provisions of article seven pertaining to juvenile delinquency actions apply thereto, as such article seven read immediately prior to the effective date of this article.
FCA 302.1 – JURISDICTION
Family Court has_______________ to determine if a person is JD.
EXCLUSIVE ORIGINAL JURISDICTION
FCA 302.1 – JURISDICTION
AGE AT _____________ CONTROLS.
TIME ACT COMMITTED
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)
