FCA ART 3 VOLUME 6

Question 1

353.6- RESTITUTION

(NOTE: THE MINIMUM AGE OF TEN (10) YEARS OLD WAS REPEALED.)

• At the conclusion of the dispositional hearing, restitution in an amount not to exceed ___________ may be directed as well as direction to perform services for the public good
• If the court requires restitution or services for the public good as a condition of probation or conditional discharge, it shall designate a person or agency to supervise the restitution and shall report to the court at least every ______________

Answer 1

$1500.00 ……….. SIX (6) MONTHS

Question 2

353.7 Placement in qualified residential treatment programs (NEW)

‘“QRTPs” provide a trauma-informed model of care designed to address the needs, including clinical needs, of children with serious emotional or behavioral disorders or disturbances’ (medicaid.gov)

‘They (ARE/ARE NOT) foster homes or ‘non specified settings.’ (OCFC)

1. The provisions of this section shall apply when a respondent is placed on or after September 29, 2021 and resides in a non-secure setting that is a qualified residential treatment program (QRTP) and whose care and custody were transferred to a local social services district or the office of children and family services in accordance with this article.

Answer 2

ARE NOT

Question 3

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.

Answer 3

one business day…one business day…. 60 days

Question 4

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

Answer 4

60 days

Question 5

353.7 Placement in qualified residential treatment programs (NEW)

Approval of placement - The court may only approve the placement of the respondent in a QRTP if:

• The court finds that circumstances exist that necessitate the continued placement of the respondent
• The court finds that there is not an alternative setting available that can meet the respondent’s needs in a less restrictive environment.
• The court finds that continued placement serves the respondent’s needs and best interests or the need for protection of the community.
• The court’s written order must state the specific reasons why the court has made these findings.

Answer 5

353.7 Placement in qualified residential treatment programs (NEW)

Approval of placement - The court may only approve the placement of the respondent in a QRTP if:
The court finds that circumstances exist that necessitate the continued placement of the respondent
The court finds that there is not an alternative setting available that can meet the respondent’s needs in a less restrictive environment.
The court finds that continued placement serves the respondent’s needs and best interests or the need for protection of the community.
The court’s written order must state the specific reasons why the court has made these findings.

Question 6

353.7 Placement in qualified residential treatment programs (NEW)

III. Disapproval of placement - If the court disapproves placement of the respondent in a qualified residential treatment program, the court will:

• Determine a schedule for the return of the respondent
• Direct the local social services district or the office of children and family services to make other arrangements for the respondent’s care and welfare.
• These arrangements must be in the best interest of the respondent and in the most effective and least restrictive setting as the facts of the case may require.

Answer 6

III. Disapproval of placement - If the court disapproves placement of the respondent in a qualified residential treatment program, the court will:
Determine a schedule for the return of the respondent
Direct the local social services district or the office of children and family services to make other arrangements for the respondent’s care and welfare.
These arrangements must be in the best interest of the respondent and in the most effective and least restrictive setting as the facts of the case may require.

Question 7

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.

Answer 7

all parties …….. FIVE (5) DAYS.

Question 8

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.

Answer 8

SIXTY (60) DAYS

Question 9

RETENTION OF FINGERPRINTS: 354.1

This section deals with the circumstances of fingerprints taken for an arrest in which the case was removed to the family court and the need to notify DCJS of the disposition of the petition.

• It does indicate that upon a finding of juvenile delinquency for other than a felony or acts committed by a twelve year old for a class __________, the fingerprints shall be destroyed

Answer 9

A or B felony

Question 10

RETENTION OF FINGERPRINTS: 354.1

If the appropriate presentment agency does not start a case for a person whose fingerprints were taken , the _____________ must send a certification of this action to:

• the division of criminal justice services and
• the appropriate police department or law enforcement agency.

Answer 10

presentment agency

Question 11

RETENTION OF FINGERPRINTS: 354.1

If, after a person is taken into custody and their fingerprints are taken, an officer or agency decides not to take the case any further, they must send a certification of this decision to the division of criminal justice services.

• Upon receiving a certification, the department or agency (MUST/MAY) destroy all fingerprints, palmprints, photographs, copies.
• Upon receiving such certification, the division of criminal justice services and all police departments and law enforcement agencies having copies of such records (MUST/MAY) destroy them.

Answer 11

MUST.. MUST

Question 12

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 __________ (or when the respondent was only _____ years old, the notification must be sent only when the finding was for an __________ Felony).

Answer 12

felony ……….. TWELVE (12)……… A or B

Question 13

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.

Answer 13

TWELVE (12)

Question 14

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.

Answer 14

TWENTY-ONE (21)…….. three

Hint: 12 is the opposite of 21.

Question 15

354.2- Duties of counsel

• It is the duty of the ______________ or “attorney for the child” to inform the child of his rights regarding appeal to file and serve the notice of appeal on his behalf.
• In the absence of counsel or “attorney for the child” it is the court who must provide this information and the _________ who must actually serve and file the notice of appeal

Answer 15

counsel …….CLERK

Question 16

355.1- New hearing; staying, modifying or terminating an order -

• The court may grant a new dispositional hearing or modify, terminate, or vacate an order issued in a proceeding under this article if there has been a substantial change of circumstances.
• The court may do this on its own motion or on the motion of the respondent, the respondent’s parent, or the person responsible for the respondent’s care.
• A Placement Order issued under section 353.3 may be set aside, modified, vacated, or terminated on motion of the Commissioner of Social Services or the Division for Youth with whom the respondent has been placed if there has been a substantial change of circumstances.
• If the court issues a new order of disposition under this section, the date the new order expires (MAY/SHALL NOT) be later than the expiration date of the original order.

Answer 16

SHALL NOT

Question 17

355.2 New hearing; staying, modifying or terminating an order - Motion procedures

• A motion for New hearing; staying, modifying or terminating an order 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.

Answer 17

Ninety (90) days

Question 18

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

Answer 18

SIXTY (60) DAYS………. ONE (1) YEAR

Question 19

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*

Answer 19

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.

Question 20

355.3- Extension of placement

Successive extensions of placement may be made, but not to go beyond the respondents’ __________ without the child’s consent and in no event past the child’s ________ birthday (NEW) EXCEPT FOR PLACEMENT FOR DESIGNATED CLASS A FELONY ACT

Answer 20

Eighteenth birthday…. Twenty-first

REMEMBER:

Placement ≠ Restrictive Placement

Question 21

355.3- Extension of placement

(NEW) A youth who was formerly a respondent pursuant to this article may be eligible to file a motion pursuant to ______________ of this act and may be subsequently placed into foster care, in a supervised setting as defined in social services law or placement in a foster family home, which shall include a kinship placement or a placement with fictive kin.

Answer 21

article ten-B (foster care)

Question 22

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 ______________ 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.

Answer 22

placement order………… SEVEN (7) DAYS……… TWO (2) DAYS

Question 23

355.5- Permanency hearing

For the purposes of this section the term “non-secure facility” means a facility operated by an authorized agency or a facility, not including a ________ or limited __________ facility, with a capacity of twenty-five beds or less operated by the office of children and family services

Answer 23

secure……secure

Question 24

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

Answer 24

TWELVE (12)…… SIXTY (60) DAYS……. TWELVE (12)……. twenty-first

Question 25

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

Answer 25

SIXTY (60) DAYS

Question 26

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

Answer 26

14

Question 27

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.

Answer 27

SHALL… Sixteen (16)

Question 28

355.5- Permanency hearing

10. Where the respondent remains placed in a qualified residential treatment program, the commissioner of the local social services district or the office of children and family services with legal custody of the respondent shall submit evidence at the permanency hearing with respect to the respondent:

• demonstrating that ongoing assessment of the strengths and needs of the respondent cannot be met through placement in a foster family home,
• that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the respondent in the least restrictive environment, and
• that the placement is consistent with the short-term and long-term goals for the respondent, as specified in the respondent’s permanency plan;
• documenting the specific treatment and service needs that will be met for the respondent in the placement and the length of time the respondent is expected to need the treatment or services; and
• documenting the efforts made by the local social services district or the office of children and family services with legal custody of the respondent to prepare the respondent to return home, or to be placed with a fit and willing relative, legal guardian or adoptive parent, or in a foster family home.

Answer 28

355.5- Permanency hearing

10. Where the respondent remains placed in a qualified residential treatment program, the commissioner of the local social services district or the office of children and family services with legal custody of the respondent shall submit evidence at the permanency hearing with respect to the respondent:

-demonstrating that ongoing assessment of the strengths and needs of the respondent cannot be met through placement in a foster family home,
-that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the respondent in the least restrictive environment, and
-that the placement is consistent with the short-term and long-term goals for the respondent, as specified in the respondent’s permanency plan;
-documenting the specific treatment and service needs that will be met for the respondent in the placement and the length of time the respondent is expected to need the treatment or services; and
-documenting the efforts made by the local social services district or the office of children and family services with legal custody of the respondent to prepare the respondent to return home, or to be placed with a fit and willing relative, legal guardian or adoptive parent, or in a foster family home.

Question 29

360.1- Jurisdiction and supervision of respondent placed on probation*

A respondent placed on probation shall remain under the legal jurisdiction of the court pending expiration or termination of the period of probation

The court may at any time issue a ________________ authorizing a probation officer to search the person if there is reasonable cause to believe they may have violated a condition of probation

Answer 29

search order

Question 30

360.2- Petition of violation*

A petition for a violation may be filed by the ______________if it feels the respondent has violated a condition thereof.

The issuance of a summons or warrant by the court may follow

Answer 30

probation service

Question 31

360.3- Hearing on violation.
The court may not revoke an order of probation or conditional discharge unless:

1. The court has found after hearing the respondent has ________ a condition
2. The respondent has had an opportunity to _________

Answer 31

violated…… be heard

Question 32

360.3- Hearing on violation.

The ______________ shall present the petition in all stages

Answer 32

presentment agency

Question 33

360.3- Hearing on violation.

Evidence accepted at such hearing for a violation must be:
RCM-

Answer 33

RELEVANT, COMPETENT AND MATERIAL

Question 34

360.3- Hearing on violation.

At the conclusion of the hearing on violation the court may:

• RCM the order of probation or conditional discharge

Answer 34

REVOKE, CONTINUE OR MODIFY the order of probation or conditional discharge

Question 35

360.3- Hearing on violation.

• (New): If the court revokes the order, it shall order a different _____________ under this article.
• However, if the court finds a violation of an order of conditional discharge where the underlying finding had been for an act solely constituting a ________ , the court may modify the conditions of the conditional discharge but MAY NOT order any other _____________ under this article.

Answer 35

disposition…. VIOLATION………. disposition

Question 36

360.3- Hearing on violation.

If the court continues the order of probation or conditional discharge, it shall ________ the petition of violation.

Answer 36

DISMISS

Question 37

365.1- Appeal; authorized as of right*

An appeal to the appropriate appellate _____________ may be taken as of right by the _______ from any order of disposition under this article

Answer 37

division………. respondent

Question 38

365.1- Appeal; authorized as of right*

An appeal to the appropriate appellate division may be taken by the __________ as of right from the following orders:

1. An order dismissing the petition prior to the commencement of the fact finding hearing
2. An order of disposition on the ground it was invalid as a matter of law
3. An order suppressing evidence entered before the commencement of the fact finding hearing

Answer 38

presentment agency

Question 39

365.2- Appeal by permission*

Other than an order of disposition, an appeal may be taken by the __________ in the discretion of the appellate _____________ from any other order under this article.

Answer 39

respondent………… division

Question 40

365.3- Notice of appeal*

An appeal shall be taken by filing a written ___________ in duplicate with the ______ of the family court in which the order was entered

Answer 40

notice of appeal ….. clerk

Question 41

365.3- Notice of appeal*

If the respondent is the appellant he must also serve a copy upon the _______________

Answer 41

Presentment agency

Question 42

365.3- Notice of appeal*

If the presentment agency is the appellant they must serve a copy upon the ____________

Answer 42

respondent and upon his attorney

Question 43

365.3- Notice of appeal*

Upon receipt by the clerk of the notice of appeal, he must:

• endorse the filing date and
• transmit a copy to the appropriate ___________ of the supreme court

Answer 43

appellate division

Question 44

370.1- Securing the attendance of witnesses*

The procedures of the CPL for the securing of witnesses by material witness order applies here under this article (T/F?)

Answer 44

True

Question 45

(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

Answer 45

EIGHT (8) DAYS

Question 46

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 ___________________ 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

Answer 46

designated felony ……….EIGHT (8) DAYS …….TWO (2) DAYS

This is similar to 8-2-0 (time for a motion in CPLR)

Question 47

375.2- Motion to seal after a finding

Such a motion to seal after a finding cannot be filed until the respondent’s __________ BIRTHDAY*

Answer 47

EIGHTEENTH (18)

Question 48

375.2- Motion to seal after a finding

(NEW) Where an order of fact-finding has been issued that includes solely a __________ committed by a juvenile SIXTEEN (16) OR SEVENTEEN YEARS OF AGE, the records shall be ___________ automatically at the expiration of a successful period of an adjustment, adjournment in contemplation of dismissal or conditional discharge

Answer 48

violation………sealed

Question 49

375.3- Expungement of court records*

The court (CAN/CANNOT) order records destroyed (I.E. Expunged)

Answer 49

CAN

Question 50

380.1- Nature and effect of adjudication

No person adjudicated under this section shall be denominated a criminal or result in any forfeiture of right or privilege to hold public office, receive any license etc.

• In general, people are not required to disclose information about a person’s arrest or any subsequent proceedings under this article.
  However, if a person who has been adjudicated a juvenile delinquent is placed with the Office of Children and Family Services (OCFS) and then enrolled in a public or private elementary or secondary school, the court that adjudicated the person must notify the designated educational official of the school.
• The notification must be used only for purposes related to the execution of the student’s educational plan, successful school adjustment, and reentry into the community.
• The notification must be kept separate and apart from the student’s school records and accessible only to the designated educational official.
• The notification must not be part of the student’s permanent school record, appended to or included in any documentation regarding the student, or destroyed at any time other than when the student is no longer enrolled in the school district.
  The notification must not be used for any purpose other than those specified in this subdivision.

Answer 50

In general, people are not required to disclose information about a person’s arrest or any subsequent proceedings under this article.
However, if a person who has been adjudicated a juvenile delinquent is placed with the Office of Children and Family Services (OCFS) and then enrolled in a public or private elementary or secondary school, the court that adjudicated the person must notify the designated educational official of the school.
The notification must be used only for purposes related to the execution of the student’s educational plan, successful school adjustment, and reentry into the community.
The notification must be kept separate and apart from the student’s school records and accessible only to the designated educational official.
The notification must not be part of the student’s permanent school record, appended to or included in any documentation regarding the student, or destroyed at any time other than when the student is no longer enrolled in the school district.
The notification must not be used for any purpose other than those specified in this subdivision.

Question 51

381.1- Transfer of records and information to institutions and agencies

When a person is placed under this article, the facility where they are placed are to receive the necessary records and orders from the family court

Answer 51

381.1- Transfer of records and information to institutions and agencies

When a person is placed under this article the facility where they are placed are to receive the necessary records and orders from the family court

Question 52

381.2- Use of records in other courts

Family court proceedings under this article cannot be used as evidence in any proceeding in any other court, with the exception of after a conviction in a criminal court the family court proceedings can be considered in _________

A. Determining probable cause
B. Determining guilt or innocence
C. Determining sentence
D. With consent of the accused

Answer 52

C. Determining sentence

Question 53

381.3- Use of police records

All police records relating to the arrest and disposition of any person under this article shall be kept separate and apart from _____________ arrest records and shall be withheld from public inspection

The family court upon motion may order such records open to the following:

1. To the ___________ or his parent or person responsible for his care
2. To a __________ of a court where the respondent was convicted of a crime

Answer 53

adult ….respondent……….. judge

Question 54

385.1- Reports

The chief administrator of the courts shall include in its annual report to the legislature and the governor the total number of ___________ filed under this article

Answer 54

delinquency cases

Question 55

385.2- Consolidation of records within a city having a population of ___________ or more-

In cities having a population of ________________ or more, the index of records of the local probation department shall be filed and consolidated in the central office for use by the family court and the probation service

Answer 55

one million……….. one million