FCA Quiz Articles 7 & 8

Question 1

FCA 712 A PINS male must be under the age of ____.

A PINS female must be under the age of: ____.

Answer 1

18 — 18

Question 2

FCA 712 For a person to be a PINS he must be found to need

supervision or_________

Answer 2

treatment

Question 3

FCA 716 The court on its own motion may substitute a_________
petition for a PINS petition.

Answer 3

Neglect (infants over 10 and less than 16)

Question 4

FCA 717 A PINS proceeding is originated in the county

where__________

Answer 4

acts allegedly occurred

Question 5

FCA 733 Which of the following cannot originate a PINS
proceeding? police officer, peace officer (pursuant to special duties),
victim of PINS, witness, friend, duly authorized agency, presentment
agency (substitute PINS for JD).

Answer 5

friend

Question 6

FCA 737 Service of PINS summons and petition must be at

least____before time stated for appearance

Answer 6

24 hours

Question 7

FCA 744 At fact finding PINS hearing evidence must be:

Answer 7

material, relevant, and competent.

Question 8

FCA 744 The standard of proof required for a PINS determination is:

Answer 8

proof beyond a reasonable doubt

Question 9

FCA 745 At a PINS dispositional hearing only evidence that

is_____________may be admitted.

Answer 9

material and relevant.

Question 10

FCA 756 Petition to extend PINS placement shall be filed at least
____ days before expiration of placement.

Answer 10

60

Question 11

FCA 758 In a PINS proceeding a judge may order restitution of up
to______

Answer 11

$1,000

Question 12

The age requirement for a PINS is:
A. under the age of 18
B. under the age of 16
C. male under 16, female under 16
D. male under 16, female under 18

Answer 12

A (FCA 712)

Question 13

Choose the best answer: For a person to be found to be a PINS, he must be
found to need:
A. supervision or confinement
B. treatment or confinement
C. confinement
D. supervision or treatment

Answer 13

D (FCA 712)

Question 14

At a PINS dispositional hearing the standard of proof is:
A. preponderance of the evidence
B. beyond a reasonable doubt
C. hearsay evidence
D. none of the above

Answer 14

A (FCA 745)

Question 15

Choose the best answer: At a PINS dispositional hearing evidence must
be: 
A. material 
B. relevant and competent 
C. material and relevant 
D. material and competent

Answer 15

C (FCA 745 )

Question 16

A PINS proceeding is originated:
A. in county where parents of PINS reside.
B. in county where victim resides.
C. in county where PINS resides
D. none of the above

Answer 16

D (FCA 717)

Question 17

A PINS\_\_\_\_\_must be served at least 24 hours before the time stated for
appearance.
A. warrant
B. desk appearance ticket
C. summons and petition
D. none of the above

Answer 17

C (FCA 737)

Question 18

18. Which of following choices lists at least one party who cannot
    originate a PINS proceeding?
    A. witness, duly authorized agency, police officer
    B. presentment agency (wishing to substitute a PINS for JD petition),
    victim of PINS
    C. parent, friend
    D. peace officer acting pursuant to special duties.

Answer 18

C (FCA 733)

Question 19

On its own motion the court may substitute a ________ petition
under article ten for a petition to determine whether a person is in
need of supervision.
A. juvenile delinquency B. neglect
C. PINS D. child abuse

Answer 19

B (FCA 716)

Question 20

On its own motion the court may substitute a ________ petition
under article ten for a petition to determine whether a person is in
need of supervision.
A. juvenile delinquency B. neglect
C. PINS D. child abuse

Answer 20

B (FCA 716)

Question 21

The court must issue a warrant in an FCA Article 7 proceeding if:
1)summons cannot be served or respondent or other person has
refused to obey summons 2)the respondent or other person is likely
to leave the jurisdiction 3) a summons, in the court’s opinion, would
be ineffectual 4) a respondent on bail or parole has failed to appear
A. 1, 2, 3 & 4
B. 1, 2 & 3
C. 3
D. neither 1, 2, 3 or 4

Answer 21

D (FCA 738)

Question 22

PINS police records shall be kept in files separate and apart from
the arrest of adults and shall be withheld from public inspection. For
good cause shown, and upon a written court order, they shall be open
for inspection to: 1. Parent 2. Guardian 3. next friend 4. attorney of
PINS
A. 1, 2, 3 & 4
B. 1, 2 & 4
C. 3 only.
D neither 1, 2, 3 or 4

Answer 22

A (FCA 784)

Question 23

FCA 812 The FC and criminal court have _________ jurisdiction
over family offenses

Answer 23

Concurrent

Question 24

FCA 812 T/F? To be considered members of the same family or
household, persons who have a child in common must have lived
together at some time.

Answer 24

FALSE. They need not have lived together

Question 25

FCA 813 T/F? If a petitioner has already started a family offense proceeding, the petitioner needs FC approval to start a criminal action.

Answer 25

False

Question 26

FCA 818 Venue of a family offense proceeding is_____

Answer 26

county where acts occurred, or where family or household or any party resides.

Question 27

FCA 821 T/F? When the FC is not in session, an arrest or initial appearance of a respondent may be in a CC.

Answer 27

True

Question 28

FCA 821-a Which parties in a family offense proceeding have right to free counsel if indigent?

Answer 28

petitioner and respondent

Question 29

FCA 826. Family offense summons and petition must be served at least________before time stated for appearance.

Answer 29

24 hours

Question 30

FCA 832 Fact-finding hearing determination shall be based | on_________

Answer 30

fair preponderance of the evidence

Question 31

FCA 838 T/F? Petitioner, but not the respondent, is entitled to a non-witness friend to be present in the courtroom. However, if the court finds it undesirable, the court may exclude such person.

Answer 31

False. The petitioner AND respondent (if not represented by counsel) are entitled to a non-witness friend in the courtroom.

Question 32

FCA 841 Restitution in a family offense proceeding can be up | to_________

Answer 32

$10,000

Question 33

FCA 842 An OP (family offense) can be for a maximum of | _______ years, if there are aggravating circumstances.

Answer 33

5 years

Question 34

.FCA 846-a Upon willful failure to obey a family offense court order maximum jail time is_________

Answer 34

6 months

Question 35

Which of following are not included in definition of MEMBERS OF SAME HOUSEHOLD? A. persons presently or formerly legally married to one another. B. persons related by affinity or consanguinity. C. persons who have a child in common. D. persons working in the same office.

Answer 35

D (FCA 812)

Question 36

Which of the following statements relating to a family offense is not correct? A. A family offense proceeding in FC is not a criminal proceeding. B. FC and criminal court have concurrent jurisdiction. C. A family offense proceeding is a civil proceeding. D. An arrest may not precede the commencement of a FC or criminal court proceeding.

Answer 36

D (FCA 812)

Question 37

Which of the following statements is correct? The venue of a family offense proceeding is county: 1. where acts occurred 2. where any member of the household resides 3. where there is a shelter for homeless used by a member of the household. A. 1, 2 & 3 correct. C. 1 & 2 correct. B. 2 correct. D. 1 correct.

Answer 37

A (FCA 818)

Question 38

Service of a family offense summons and petition must be made at least___before time stated for appearance. A. 1 day B. 72 hrs C. 3 days. D. None of the above.

Answer 38

D (FCA 826) 24 hours | One day is not the same thing as 24 hours

Question 39

Which of following conditions is not a justification for issuance of a family offense warrant? A. the summons cannot be served B. the respondent has failed to obey the summons C. respondent on bail or parole has failed to appear D. the respondent is likely to leave the jurisdiction.

Answer 39

C (FCA 827)

Question 40

At a family offense hearing, petitioner may have a friend or relative present under the following circumstances: A. in all cases. B. where court does not find it undesirable. C. where respondent consents. D. none of the above.

Answer 40

B (FCA 838)

Question 41

Which of the following is not a valid family offense order of disposition? A. suspending judgment (for up to 1 year) B. order of protection C. order for restitution of up to $10,000.00 D. placing respondent on probation for up to 1 year

Answer 41

A (FCA 841)

Question 42

``` Family offenses include: 1. Disorderly conduct, 2. Reckless endangerment 3. Assault in 2nd degree, assault in 3rd degree, or attempted assault. 4. Murder in the second-degree A. 1, 2, 3 & 4 B. 1 & 2 only C. 1, 2 & 3 only D. 2 & 3 only ```

Answer 42

C (FCA 812)

Question 43

A family offense petition must contain: 1. an allegation that respondent committed one of the family offense offenses (FCA 812) 2. relationship of alleged offender to petitioner 3. name of each child in household and relationship to petitioner and respondent. 4. copy of notice (FCA 812: rights of domestic violence victim) A. 1, 2, 3 & 4 B. 1 & 2 C. 1, 2 & 3 D. 1 & 4

Answer 43

A (FCA 821)