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FCA > FCA Article 10 > Flashcards

FCA Article 10 Flashcards

1
Q

FCA 1012 Aggravated circumstances can mean where a child is severely or repeatedly abused within ___ years after returning home from foster care

A

…repeatedly abused within: 5 YEARS after returning home from foster care

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2
Q

FCA 1012 Aggravated circumstances can mean where parent has abandoned child under ___ days old with intent that child be cared for in a n appropriate manner

A

…abandoned child under: 5 DAYS OLD with intent ….

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3
Q

FCA 1014 TF?
There may be concurrent proceedings in FC and criminal court

A

TRUE

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4
Q

FCA 1016 Court shall appoint attorney for child on earliest of following (a) emergency removal of a child, or (b) application for emergency removal of a child prior to filing of a petition or (c) ______________________

A

…(c) FILING OF PETITION ALLEGING ABUSE OR NEGLECT

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5
Q

FCA 1017 In a proceeding where the court will remove a child from the home, the court shall direct social services to notify any non-responding parent and suitable relatives of the pendency of the proceeding and the opportunity of becoming foster parents or seeking custody of the child. Such relatives include those identified by a child over the age of _____ as being significant in the child’s life.

A

…Such relatives include those identified by a child: OVER THE AGE OF 5 as being significant in the child’s life

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6
Q

FCA 1021 When a peace officer acting pursuant to special duties, police officer, or agent of authorized agency, association or institution may temporarily remove neglected child without court order and with consent petition must be filed within ___ court days of removal and hearing shall be held no later than the next court day after petition is filed.

A

…petition must be filed within: 3 COURT DAYS of removal and hearing…..

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7
Q

FCA 1024 A peace officer, acting pursuant to his special duties, or a police officer law enforcement official, agent of duly authorized society, physician or a designated employee of a city or county department of social services may remove a child WITHOUT a court order when there is ____.

A

…WITHOUT a court order when there is IMMINENT DANGER TO THE CHILD’S LIFE OR HEALTH.

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8
Q

FCA 1026 After emergency removal of child from home without a court order, if child is not returned to parents, a petition must be filed the next court day after removal (court may order an extension of up to 3 court days after removal of child) and a hearing shall be held not later than ___ after the petition is filed

A

…and a hearing shall be held no later than: THE NEXT COURT DAY

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9
Q

FCA 1028 Parent, person responsible, or counsel may make application for return of child temporarily removed. Hearing shall be held within ___ of application and shall not be adjourned

A

…Hearing shall be held within: 3 COURT DAYS of application and shall not be adjourned.

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10
Q

FCA 1029 FC, upon application of any person who may originate an Article 10 proceeding, may issue a TOP before or after the filing of a petition. If TOP is granted before filing of petition and then petition is not filed within ___ days, the order shall be vacated

A

…then petition is not filed within: 10 DAYS, the order shall be vacated.

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11
Q

FCA 1032 An abuse or neglect proceeding may be originated by 1) a child protective agency, or 2) _______________

A

…2) A PERSON ON THE COURT’S DIRECTION

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12
Q

FCA 1036 The summons and petition (abuse case only) must be served within ___ court days of issuance. If they cannot be served within that time, such facts must be reported to the court within ___ court days of issuance.

A

…must be served within 2 COURT DAYS of issuance…reported to the court within 3 COURT DAYS of issuance.

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13
Q

FCA 1036 Service of a summons and petition (abuse and neglect) shall be made be delivery of a true copy to the person summoned at least ___before the time stated for appearance.

A

…the person summoned at least 24 HOURS before the time stated for appearance

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14
Q

FCA 1036 Service of an abuse petition upon a non-domiciliary or non-resident is required (outside NYS), service must be made within ___ of issuance.

A

…service must be made within 10 DAYS of issuance

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15
Q

FCA 1037 (A) Warrants shall be marked on its face “Child Abuse Case” and warrant must be served within ___ court days of issuance. If not served, it must be reported to court within ___ court days of issuance.

A

….warrant must be served within: 2 COURT DAYS OF ISSUANCE…must be reported to court within: 3 COURT DAYS OF ISSUANCE.

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16
Q

FCA 1029 Prior to or upon fact-finding, court upon motion of respondent and consent of petitioner, order an ACD for a period not to exceed ___ (court may extend upon agreement of all parties).

A

…for a period not to exceed: 1 YEAR (court may extend upon agreement of all parties).

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17
Q

FCA 1052 A finding of severe or repeated abuse shall be based on ______

A

…shall be based on: CLEAR AND CONVINCING EVIDENCE

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18
Q

FCA 1055 T/F?
Placement may be continued up to child’s 18th birthday without consent, but maybe extended with consent up to child’s 21st birthday.

A

TRUE

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19
Q

FCA 1056 T/F? Order of protection shall run concurrently with and expire with order of disposition or extension thereof.

A

TRUE

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20
Q

FCA 1072 Failure to comply with terms and conditions of supervision Penalty for willful failure to comply with terms of order of supervision includes revoking of supervision or OP, and making any order court could have made at time of supervision order, or up to ___ jail.

A

… supervision order, or up to: 6 MONTHS jail

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21
Q

FCA 1012 An abused or neglected “child” must be by definition under the age of ___.

A

…definition under the age of 18

22
Q

FCA 1015 The venue of a child abuse proceeding is the county ___

A

…proceeding is the county WHERE CHILD OR PERSON HAVING CUSTODY OF CHILD RESIDES OR IS DOMICILED AT TIME OF FILING PETITION.

23
Q

FCA 1022-A T/F?
Respondent (Article 10) must be provided free counsel if indigent.

A

TRUE

24
Q

FCA 1031 T/F?
Court may on its own motion substitute neglect petition for an abuse petition

A

TRUE

25
Q

FCA 1036 A child abuse summons must be served within ___ days of issuance.

A

…must be served within: 2 DAYS of issuance

26
Q

FCA 1036 Child abuse summons and petition must be served at least ___ before the time stated for appearance.

A

…served at least: 24 HOURS before the time stated for appearance

27
Q

FCA 1039 An Article 10 ACD is for a maximum period of ___

A

…a maximum period of: 1 YEAR

28
Q

FCA 1053 Suspended judgment (Article 10) is for an initial period of a maximum of _____

A

…initial period of a maximum of: 1 YEAR, AND CAN BE EXTENDED UP TO 1 MORE YEAR

29
Q

FCA 1057 Supervision (FCA 10) proceeding can be for initial period of up to 1 year and can be extended ____

A

….1 year and can be extended: FOR ADDITIONAL PERIOD OF UP TO 1 YEAR EACH

30
Q

FCA 1055 Willful failure to comply with Article 10 order can be punished by jail up to ___

A

…can be punished by jail up to 6 MONTHS

31
Q

FCA 1012 Aggravated circumstances means either:
1. where a child is severely or repeatedly abused within 5
years after returning home from foster care, or
2. parent has in certain circumstances failed to engage in
services to prevent neglect or abuse, or
3. parent has abandoned child under 1 year old with intent
that child be cared for in an appropriate manner.
a. 1 only
b. 1 & 2
c. all 3 are correct
d. 2 & 3

A

B.
#3 should read, “ 3. parent has abandoned child UNDER 5 DAYS OLD with intent that a child be cared for in an appropriate manner.”

32
Q

FCA 1013 Which of the following statements is not correct?
a. FC has exclusive original jurisdiction over FCA 10
proceedings alleging abuse or neglect of child
b. FC has jurisdiction even if CC has jurisdiction over acts
alleged in petition or complaint
c. In determining jurisdiction of the court under this article,
the age of child at time the acts occurred is controlling
d. A case cannot be brought after child is 18, even though
acts may have occurred earlier.

A

C.
C should read, “c. In determining jurisdiction of the court under this article, the age of child at TIME THE PROCEEDINGS ARE INITIATED IS CONTROLLING”.

33
Q

FCA 1017 In a proceeding where the court will remove a child from the home, the court shall direct social services to notify any non-responding parent and suitable relatives of the pendency of the proceeding and the opportunity of becoming foster parents or seeking custody of the child. Such relatives include those identified by a child over the age of ___ as being significant in the child’s life.
a. 5
b. 7
c. 10
d. 12

A

A.
…identified by a child: OVER THE AGE OF 5 as being significant in the child’s life.

34
Q

FCA 1043 Which of the following statements relating to abuse hearings is correct?
a. Evidence at fact-finding must be material and relevant
b. General public may be excluded by the court
c. Determination (fact-finding) must be based on proof
beyond a reasonable doubt
d. Evidence at dispositional hearing must be material,
relevant and competent

A

B.
GENERAL PUBLIC MAY BE EXCLUDED BY THE COURT

35
Q

FCA 1052 Which of the following is a valid disposition of an abuse petition?
a. suspended judgment for initial period of 2 years
b. releasing child on its own recognizance
c. placing respondent in jail up to 1 year
d. placing child under supervision.

A

D.
PLACING CHILD UNDER SUPERVISION IS A VALID DISPOSITION

36
Q

FCA 1046 Evidence at an Article 10 fact-finding hearing must be:
1. material
2. relevant
3. competent
a. 1, 2 & 3
b. 1 & 3
c. 2 & 3
d. 1 & 2

A

A. ALL THREE

37
Q

FCA 1021 A peace officer acting pursuant to special duties, a police officer, or agent of authorized agency, association or institution may temporarily remove a neglected child if:
1. written consent of guardian is obtained
2. the child is suspected of being neglected or abused
a. both 1 & 2
b. neither 1 or 2
c. 1 only
d. 2 only

A

A.
BOTH 1 & 2

38
Q

FCA 1033-b At the initial appearance (FCA 10), the court shall:
1. appoint a law guardian for the child
2. appoint counsel for all respondents
3. advise respondent of his right to a 1028 hearing (hearing
for the return of the child).
a. 1, 2 & 3
b. 1 & 3
c. 2 & 3
d. 1 & 2

A

B. 1 & 3 ONLY

39
Q

FCA 1036 Which of following 3 statements relating to service of an FCA 10 summons and petition (abuse) are correct?
1. The summons and petition must be served within2 court
days of issuance
2. If the summons and petition cannot be served within the
specified time, such facts must be reported to the court
within three court days of issuance
3. Service of a summons and petition shall be made by
delivery of a true copy to the person summoned at least
24 hours before the time stated for appearance:
a. 1, 2 &3
b. 1 & 3
c. 2 & 3
d. 1 & 2

A

A. ALL 3 ARE CORRECT

40
Q

FCA 1037 As per FCA 1037, the court may issue a warrant in an FCA Article 10 proceeding if:
1. the summons cannot be served
2. the summoned person has refused to obey the summons
3. summons, in the court’s opinion, would be ineffectual
4. respondent on bail or parole has failed to appear
a. 1,2,3 & 4
b. 1,2, & 3
c. 1,2 & 4
d. 1,3 & 4

A

A (FCA1037) ALL 4 ARE CORRECT

41
Q

FCA 1014 Which of the following statements relating to a child abuse proceeding is correct?
a. FC cannot transfer proceeding to criminal court
b. FC and criminal court can have concurrent proceedings
c. FC cannot grant respondent testimonial immunity
d. FC proceedings are criminal in nature.

A

B.
FC AND CRIINAL COURT CAN HAVE CONCURRENT PROCEEDINGS

42
Q

FCA 1015 Which of the following is false? Venue of a proceeding under Article 10 of the FCA may be:
a. count where child resides at time petition is filed
b. county of residence of the person who has custody of the
child
c. county where child resided at time child abuse act
occurred
d. county of domicile of the person who has custody of the
child

A

C.

43
Q

FCA 1032 Choose the best answer. Of the following, who can originate a child protective proceeding?
a. child protective agency or a person on the court’s own
direction
b. child protective agency or a friend of the household
c. child protective agency or a witness
d. child protective agency or a relative of infant

A

A.

44
Q

FCA 1088 Where a child is placed or freed for adoption, the case remains on the court’s calendar and the court retains jurisdiction until ______________.

A

The child is discharged from placement and all orders regarding supervision, protection or services have expired.

45
Q

FCA 1089 Where a child is freed for adoption, court may hold initial permanency hearing immediately after completion of dispositional hearing, but not later than ____ days after dispositional hearing. The permanency hearing must be completed within ____ days of its commencement.

A

30 Days / 30 Days

46
Q

FCA 1089 Generally, court shall hold initial permanency hearing no later than ____ months after date which is 60 days after child is removed from his home and shall be completed within ____ days of commencement.

A

6 months / 30 days

47
Q

FCA 1089 Subsequent permanency hearings shall be commenced no later than _____ after the completion of the previous permanency hearing and shall be completed within ____ of commencement.

A

6 months / 30 days

48
Q

FCA 1089 The local social services district must serve the notice of the permanency hearing and the permanency hearing report at least _____ before the scheduled hearing.

A

14 days

49
Q

FCA 1089 Court may continue placement until child’s ___ birthday without his consent. Placement cannot continue beyond the child’s ___ birthday.

A

18th birthday / 21st birthday

50
Q

FCA 1090 T/F?
If a law guardian is appointed, appointment continues without further court order until child is discharged from placement and all orders regarding supervision, protection, or services have expired.

A

True

51
Q

FCA 1087 T/F?
“Child” means a person under the age of 18.

A

True

FCA (11 decks)

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