Review

Question 1

352.2- Order of disposition.
The court shall enter an order of disposition as follows:

A CoP PReP

Answer 1

352.2- Order of disposition.
The court shall enter an order of disposition as follows:

A CoP PReP

Question 2

352.2- Order of disposition.

The court shall enter an order of disposition as follows:

• ACOD six months
  Conditional discharge
• Probation
• Place respondent on probation
  Restrictive placement
  A CoP PReP

Answer 2

352.2- Order of disposition.

The court shall enter an order of disposition as follows:

Conditional discharge
Conditionally discharge the respondent subject to the conditions determined by the court
Probation
Place respondent on probation
Place the respondent
Place the respondent in custody of a suitable relative, commissioner of social services or division for youth and continuing the proceeding
Restrictive placement
Continue the proceeding and place the respondent under restrictive placement
A CoP PReP

Question 3

***841- Orders of disposition

At the conclusion of the dispositional hearing, the court may enter an order:***

_________ the petition if the allegations are not established
Suspending judgment for up to ____________
Placing the respondent on probation for a period not exceeding __________ AND requiring the respondent to participate in a batterer’s education program
Order of Protection for up to _______________ or in the event of aggravating circumstances or in violation of a prior order of protection, up to __________
Direct payment of restitution in an amount not to exceed $___________

Answer 3

***841- Orders of disposition

A
Dismissing……..SIX (6) MONTHS……… ONE (1) YEAR ……… TWO (2) YEARS………FIVE (5) YEARS…….. 10,000 DOLLARS

SPOR

Question 4

749- Adjournment after fact-finding hearing or during dispositional hearing.

On its own motion, the court may adjourn the matter after the fact finding hearing but before the conclusion of the dispositional hearing when necessary.

Such general adjournment shall be for no more than ______________ when the respondent is in pre-dispositional placement, in which case not more than a total of ________ such adjournments may be granted in the absence of special circumstances

If not in pre-dispositional placement such adjournments may be for a reasonable time not to exceed ______________

Answer 4

749- Adjournment after fact-finding hearing or during dispositional hearing.

On its own motion, the court may adjourn the matter after the fact finding hearing but before the conclusion of the dispositional hearing when necessary.

Such general adjournment shall be for no more than ______________ when the respondent is in pre-dispositional placement, in which case not more than a total of ________ such adjournments may be granted in the absence of special circumstances

If not in pre-dispositional placement such adjournments may be for a reasonable time not to exceed ______________

A
TEN (10) DAYS…two…… TWO (2) MONTHS

Question 5

Upon an adjudication of a PINS, the court shall enter an order of disposition:

-ACOD for a period of __________
- Discharging the respondent with _________
_____________ judgment
- Continuing the proceeding and “___________ “ the respondent unless the respondent is age ___________ or older, though a __________ old can be placed in special circumstances
- Put the respondent on ________

Answer 5

Six months….. warning…….. Suspending ……… placing…….. Sixteen …… sixteen year……… probation

Question 6

832- Definition of “fact-finding hearing”

The fact finding hearing is to determine whether the allegations of the petition are supported by a “____________________”

Answer 6

fair preponderance of the evidence” (F. POE)

Question 7

834- Evidence

Only evidence that is __________________ may be admitted at the fact finding hearing

Only evidence that is ________________ may be admitted at the dispositional hearing

Answer 7

FACT FINDING: C MR F. POE
DISPOSITION: MR (POE? MAYBE?)

Question 8

712- Definitions:

Dispositional hearing-

A hearing to determine whether the respondent requires __________ or ___________

Answer 8

supervision or treatment

Question 9

749- Adjournment after fact-finding hearing or during dispositional hearing.

Upon or after a fact finding hearing, the court may upon its own motion or upon motion of a party to the proceeding, order that the proceeding be “adjourned in contemplation of dismissal”.
An ACOD shall be for a period not to exceed _____________

Answer 9

SIX (6) MONTHS.

Question 10

775- Order on hearing.

After a hearing on a petition for transfer the court may:

Dismiss the petition
Grant the petition and transfer the respondent to another institution
Terminate the prior order of placement and discharge the respondent or place him on probation
If the court grants the petition and orders placement, the respondent shall thereupon be transferred to the custody of the person, agency or institution provided by the court’s order.

Answer 10

775- Order on hearing.

After a hearing on a petition for transfer the court may:

Dismiss the petition
Grant the petition and transfer the respondent to another institution
Terminate the prior order of placement and discharge the respondent or place him on probation
If the court grants the petition and orders placement, the respondent shall thereupon be transferred to the custody of the person, agency or institution provided by the court’s order.

Question 11

747. Time of fact-finding hearing.
     If the respondent is in pre-dispositional placement, a fact-finding hearing shall commence not more than __________ after the filing of a petition under this article

Answer 11

three (3) days

Question 12

747 Time of fact-finding hearing.
If the respondent is in pre-dispositional placement, a fact-finding hearing shall commence not more than __________ after the filing of a petition under this article

Answer 12

three (3) days

Question 13

755- Suspended judgment.
The maximum term of any suspended judgment is _____________, but exceptional circumstances may allow for an additional period of _______________

The court may order attendance at and completion of an alcohol awareness program if alcohol was a contributing factor

Answer 13

ONE (1) YEAR…….. ONE (1) YEAR

Question 14

757- Probation.
The maximum period of probation shall not exceed _____________ , exceptional circumstances may require an additional ___________ of probation

An __________ awareness program may also be ordered

Answer 14

A
ONE (1) YEAR………… alcohol

Remember: 1 + 1

Question 15

1039- Adjournment in contemplation of dismissal

Such an ACOD is an adjournment of the proceedings for a period not to exceed ____________ .
Upon the consent of the petitioner, respondent and child’s attorney, the court may issue an order extending such period for a time agreeable by the parties

Answer 15

ONE(1)YEAR

Question 16

1036- Service of summons

In cases involving _____________ the petition and summons shall be served within ____________ after their issuance. If they cannot be served within that time such facts must be reported to the court within __________ after their issuance, and the court shall thereafter issue a warrant unless process is sent without the state

Answer 16

abuse…………. TWO (2) COURT DAYS…… THREE (3) COURT DAYS

Question 17

1022- Preliminary orders of court before petition filed

Except for good cause shown or unless the child is sooner returned to the place where he or she was residing, a petition shall be filed under this article within _________ of the issuance of the order
The court shall hold a 1027 hearing no later than ____ _________ following the filing of the petition if the respondent was not present, or was present and unrepresented by counsel, and has not waived his or her right to counsel, for the hearing pursuant to this section.

Answer 17

three court days…….. the next court day

Question 18

1046- Evidence

FACT FINDING = ___________
DISPOSITIONAL = __________

Answer 18

C MR POE ………. MR

Question 19

1054- Release to non-respondent parent or legal custodian or guardian.

The duration of any period of supervision and/or release under this section shall be for an initial period of no more than ___________ , and at the expiration of the period for good cause shown, the court may make successive extensions of such supervision of up to ____________ EACH.

Answer 19

1054- Release to non-respondent parent or legal custodian or guardian.

The duration of any period of supervision and/or release under this section shall be for an initial period of no more than ___________ , and at the expiration of the period for good cause shown, the court may make successive extensions of such supervision of up to ____________ EACH.

Question 20

1054- Release to non-respondent parent or legal custodian or guardian.

SUPERVISION and/or release =_____________

Answer 20

1 YEAR + 1 YEAR extensions

Question 21

1036- Service of summons

In cases involving either abuse or neglect, the court may send process outside of the state in the same manner and with the same effect as process sent within the state to exercise personal jurisdiction of a person subject to the jurisdiction of the court
In cases involving ______________ where service upon a non resident is required; such service shall be made within ___________ after its issuance

Answer 21

abuse ………………….. TEN (10) DAYS

Question 22

1035- Issuance of summons; notice to certain interested persons and intervention

CHILD REMOVED = APPEAR IN ________ COURT DAYS
CHILD NOT REMOVED = APPEAR IN ___________ COURT DAYS

Answer 22

3…7

Question 23

1095- Fact finding and disposition

The court shall sustain the petition and make a finding that the child is destitute if, based upon a _____________________ presented, the court finds that the child meets the definition of a destitute child

Answer 23

A
preponderance of competent material and relevant evidence

C MR POE

Question 24

1111- Appeals to appellate division

An appeal may be taken to the ___________________ of the Supreme Court of the Judicial Department in which the family court whose order is appealed from is located

Answer 24

Appellate Division