FCA Article 1

Question 1

FCA 113 In which counties of NYS is the family court established?

Answer 1

The family court is established in each of the 62 counties of NYS

Question 2

FCA 114 T/F
The jurisdiction of the family court limits the jurisdiction of the supreme court as set forth in the NYS constitution

Answer 2

False

Question 3

FCA 115 T/F
The family court has exclusive original jurisdiction over abuse and neglect proceedings

Answer 3

True

Question 4

FCA 115 Does the family court have any powers in habeas corpus proceedings?

Answer 4

Yes

Question 5

FCA 115 T/F
The family court does not have exclusive original jurisdiction over juvenile delinquency proceedings

Answer 5

False

Question 6

FCA 152 T/F
FC judge may dispense with formality of placing a minor under oath.

Answer 6

True

Question 7

FCA 153-a When may a FC warrant of arrest be executed?

Answer 7

Any day of week, any hour of day or night. 24/7

Question 8

FCA 154-b A counterclaim in a proceeding requesting an OP, must be filed at least ___ days before hearing for the counterclaim to be heard on the hearing date.

Answer 8

5

Question 9

FCA 154-d If a LCC issues an OP returnable in FC, the matter must be returnable the next day that FC is in session (but in no event more than ____ calendar days after the issuance of the order).

Answer 9

4

Question 10

FCA 155 If an adult is arrested under FC act and court is not in session, adult must be taken to ____.

Answer 10

The most accessible magistrate to be arraigned.

Question 11

FCA 158 Protective custody of material witness under 16 cannot extend more than ___ day without renewal

Answer 11

14

Question 12

FCA 158 The maximum period (including extensions) of custody of a material witness under 16 is ___ days

Answer 12

42

Question 13

FCA 171 T/F
A Family Court order may be enforced only in county where order was made.

Answer 13

False may be enforced or modified in FC in any county where party affected by order resides or is found.

Question 14

FCA 174 T/F
Family Court of one county must dismiss proceeding if venue is wrong.

Answer 14

False, FC SHALL transfer a proceeding laying venue in a wrong county to the FC in any county where the proceeding might have been originated.

Question 15

FCA 175 Violation of probation proceeding may be heard in county where order was made or ___.

Answer 15

county where violation occurs

Question 16

FCA 117 In which counties is a child abuse part established?

Answer 16

in every county of NYS

Question 17

FCA 115 T/F
The FC has exclusive original jurisdiction over family offenses.

Answer 17

False FC has concurrent jurisdiction with the criminal court over all family offenses as defined in Article 8

Question 18

FCA 117 Designated felony parts are established in which counties?

Answer 18

in the 5 NYC counties

Question 19

FCA 119 T/F
A “duly authorized agency” may be a foreign corporation that has a place of business in NYS

Answer 19

False, “duly authorized association, agency, society or institution” means:
1. an incorporated (NYS) society for the prevention of cruelty to children, or
2. any institution supported or controlled by NYS or subdivision, or
3. any public welfare official of NYS, or
4. an association, agency,, society, or institution empowered to care for children WHICH:
a. is incorporated by NYS law, and
b. has a place of business or home in NYS and
c. is approved, visited, inspected and supervised by
NYS department of social services, or consents to
approval, visitation, inspection, and supervision of the
department

Question 20

FCA 119 An “infant” or “minor” is a person who has not attained the age of ___.

Answer 20

18

Question 21

FCA 152 A Family Court judge may:

1. administer oaths, and
2. take acknowledgments, and
3. designate an official to administer oaths
   and take acknowledgments, and
4. _________________________________

Answer 21

dispense with the formality of placing a minor under oath.

Question 22

FCA 153-c A person requesting a TOP is entitled to file petition on the same day, and a hearing on the request shall be held the same day or __________

Answer 22

next day the court is in session

Question 23

FCA 154-a
In every FC proceeding a copy of the petition must be served on respondent at time of service of process or, if that is not practicable, at the ______ of respondent.

Answer 23

first court appearance

Question 24

FCA 119 Which of the following choices is not correct? A “duly authorized association, agency, society or institution” means:

a. an incorporated (NYS) society for the
prevention of cruelty to children, or
b. any institution supported or controlled
by NYS or subdivision, or
c. any public welfare official
d. an association, agency, society, or
institution empowered to care for
children which
1) is incorporated by NYS
law,
2) has place of business or home in
NYS, and
3) is approved, visited, inspected and
supervised by NYS department of social
services, or consents to approval,
visitation, inspection, and supervision of
the department

Answer 24

C
any public welfare official OF NYS

Question 25

FCA 151 Which of the following four powers are correct? A Family Court judge may: 1. administer oaths, and 2. take acknowledgments, and 3. designate an official to administer oaths and take acknowledgments, and 4. dispense with the formality of placing a minor under oath. a. All are correct b. Only 1, 2, & 3 are correct c. Only 1, 3 & 4 are correct d. Only 1, 2 & 4 are correct

Answer 25

A

Question 26

FCA 153 Which of the following is false? A Family Court judge: a. may issue a warrant of arrest b. may administer oaths & take acknowledgments c. may issue a subpoena d. may not fix or accept bail

Answer 26

D A family court judge MAY fix or accept bail

Question 27

FCA 154 Which of the following is correct? a. A FC judge may not issue a subpoena b. A FC may send process outside the state in paternity proceedings c. A FC warrant of arrest may not be executed on legal holidays d. A FC judge may not take acknowledgments and administer oaths

Answer 27

B. A FC MAY send process outside the state in paternity proceedings

Question 28

FCA 153-c If a person seeks a TOP as part of any proceeding in the FC, the person must be allowed to file the petition the same day the person appears in FC, and the hearing must be held: a. same day b. same day or next day c. same day or next day court is in session d. within 3 days of filing the petition

Answer 28

C same day next day court is in session

Question 29

FCA 154 Family Court can send process outside the state in ______ and _______ proceedings. a. family offense and JD b. support and JD c. Paternity and PINS d. support and paternity

Answer 29

D. support and paternity

Question 30

FCA 154-b In a proceeding requesting an OP, a counterclaim must be served not less than _______ days before hearing if the counterclaim is to be heard on the date of the hearing a. 1 day b. 3 days c. 5 days d. 4 days

Answer 30

C 5 days

Question 31

FCA 171 Choose the best answer. A lawful order of the FC of Kings county may be enforced in any other county: a. in New York City b. adjoining the county of issuanced c. where respondent resides d. where respondent resides or is found

Answer 31

D where respondent resides or is found

Question 32

FCA 166 Which of the following 2 statements are true? 1. FC records shall not be open to indiscriminate public inspection 2. The court may in any case permit inspection of any papers or records. a. 1 only is true b. 2 only is true c. both 1 & 2 are true d. neither 1 nor 2 are true

Answer 32

C shall not be open to indiscriminate public inspection. However, the court may in any case permit inspection of any papers or records

Question 33

FCA 155-a Which of the following 3 statements are correct? 1. cash bail may be accepted by a desk officer at any time within NYC 2. cash bail may never be accepted by a desk officer 3. cash bail may only be accepted by a desk officer if outside NYC a 1 only is correct b. 2 only is correct c. 3 only is correct d. neither 1 nor 2 nor 3 are correct

Answer 33

D. Cash bail may be accepted by a desk officer or his superiors from any person arrested on a warrant from the FC: 1) in NYC, for an arrest between 2:00pm and 8:00am, and 2) outside NYC, for an arrest between 11:00am and 8:00am

Question 34

FCA 119 The definition of a “duly authorized agency” includes an association, agency, society, or institution empowered to care for children which: 1. Is incorporated by NYS law, and 2. Has place of business or home outside NYS, and 3. Is approved, visited, inspected and supervised by state department of social services, or consents to approval, visitation, inspection, and supervision of the department. a. only 1 & 3 are correct b. only 1 &2 are correct c. only 2 & 3 are correct c. 1, 2 & 3 are all correct

Answer 34

A. 2. is incorrect, has place of business or home IN NYS

Question 35

FCA 154-d In proceeding to establish paternity or establish, modify or enforce support, court may send process outside NYS in same manner and same force and effect as process sent as per CPLR 302 (Long Arm Stature), and FCA 5B (UIFSA: Uniform Interstate Family Support Act), even if person is not a NYS resident or domiciliary, if: 1. the child was conceived in NYS, or 2. child resides in NYS as result of actions of person to be served, or 3. person has resided with child in NYS, or person filed with putative father registry (maintained by Department of Social Services) a. only 1, 2 & 4 are correct b. only 1, 3 & 4 are correct c. only 2, 3 & 4 are correct d. 1, 2, 3, & 4 are all correct

Answer 35

D. All are correct

Question 36

FCA 154-d A LCC may on an ex parte basis issue a TOP pending a hearing in FC upon an affidavit that: 1. FC is in session 2. a family offense has been committed 3. a family offense petition has been filed or will be filed in FC next day FC is in session 4. shows good cause a. only 1, 2 & 4 are correct b. only 1, 3 & 4 are correct c. only 2, 3 & 4 are correct d. 1, 2, 3 & 4 are all correct

Answer 36

C. 1. FC is NOT in session

Question 37

A petitioner, upon appearing in a LCC for the issuance of a TOP in a family offense matter, shall be advised by the court that: 1. petitioner may continue the proceeding in the LCC (upon filing an accusatory instrument), or 2. petitioner may continue the proceeding in FC, or 3. petitioner may not continue the proceeding in both the LCC and FC a. only 1 & 3 are correct b. only 1 & 2 are correct c. only 2 & 3 are correct d, 1, 2 & 3 are all correct

Answer 37

B 3. petitioner MAY continue the proceeding in both the LCC & FC

Question 38

FCA 112 The FC act applies: a. in all criminal court proceedings b. in all civil and criminal judicial proceedings c. in every county in NYS d. only in counties with cities with a population greater than one million

Answer 38

C. FC act applies in every county in NYS

Question 39

FCA 117 Which of the following is false? a. A minor shall mean a person who has not attained the age of 18 b. A child abuse part is established in every FC c. An infant shall mean a person who has not attained the age of 18 d. A designated felony part is established only in counties outside the city of New York

Answer 39

D. A designated felony part is established only in counties WITHIN the city of New York

Question 40

FCA 115 Which of the following is not correct? The family court has exclusive original jurisdiction over the following proceedings: a. abuse b. support c. paternity d. habeas corpus

Answer 40

D. The family court has “other jurisdiction” in habeas corpus proceedings