FCA EXAM QUESTIONS AND ANSWERS
FCA 117 In which counties is a child abuse part established? - Answers- in every
county of NYS
FCA 115 T/F? The FC has exclusive original jurisdiction over family offenses. -
Answers- False
FCA 117 Designated felony parts are established in which counties? - Answers- in the 5
NYC counties
FCA 119 T/F? A "duly authorized agency" may be a foreign corporation that has a place
of business in NYS. - Answers- False
FCA 119 An "infant" or "minor" is a person who has not attained the age of___________
- Answers- 18
FCA 152 T/F? FC judge may dispense with formality of placing a minor under oath. -
Answers- True
FCA 153-a When may a FC warrant of arrest be executed? - Answers- any day of
week, any hour of day or night
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. - Answers- 5
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). - Answers- 4
FCA 155 If an adult is arrested under FC act and court is not in session, adult must be
taken to_______ - Answers- most accessible magistrate to be arraigned
FCA 158 Protective custody of material witness under 16 cannot extend more than ___
days without renewal. - Answers- 14
FCA 158 The maximum period (including extensions) of custody of a material witness
under 16 is_____days. - Answers- 42
FCA 171 T/F? A FC order may be enforced only in county where order was made. -
Answers- False.
FCA 174 T/F? FC of one county must dismiss proceeding if venue is wrong. - Answers-
False
,FCA 175 Violation of probation proceeding may be heard in county where order was
made or________ - Answers- county where violation occurs
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. - Answers- C (FCA 112)
Which of the following is false? A FC 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 - Answers- D (FCA 153)
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 & administer oaths. - Answers- B (FCA
154)
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. -
Answers- C (FCA 153-c)
FC can send process outside the state in______ and_____ proceedings.
A. family offense & JD B. support & JD
C. paternity & PINS D. support & paternity - Answers- D (FCA 154)
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 days B. 3 days C. 5 days D. 4 days - Answers- C (FCA 154-b)
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. -
Answers- D (FCA 117)
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 issuance
C. where respondent resides.
D. where respondent resides or is found. - Answers- D (FCA 171)
Which of the following two 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 C. both 1 & 2 are true
B. 2 only is true D. neither 1 nor 2 are true - Answers- C (FCA 166)
Which of the following 3 statements are correct? 1. cash bail may be accepted by a
desk officer at any time w/i 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 C. 3
only is correct B. 2 only is correct D. neither 1 nor 2 nor 3 are correct - Answers- D
(FCA 155-a)
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 C. only 2 & 3 are correct B. only 1 & 2 are correct D. All 3
correct - Answers- A (FCA 119)
In proceeding to establish paternity or establish, modify or enforce support, court may
send process outside NYS in same manner & same force & effect as process sent as
per CPLR 302 (Long Arm Statute), and FCA 5B (UIFSA), 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 4. person filed with putative father registry (maintained by DSS)
A. only 1, 2 & 4 are correct C. only 2, 3 & 4 are correct B. only 1, 3 & 4 are correct D. 1,
2, 3, & 4 are all correct - Answers- D (FCA 154(b))
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 C. only 2, 3 & 4 are correct B. only 1, 3 & 4 are correct D. 1,
2, 3, & 4 are all correct - Answers- C (FCA 154-d)
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 and 3 are correct C. only 2 and 3 are correct B. only 1 and 2 are correct D.
1, 2 and 3 are all correct - Answers- B (FCA 154-d)
FCA 216-b T/F? Clerk of FC shall use discretion in giving out petition forms to persons
requesting them. - Answers- False
FCA 216-c T/F? Any person assisting in the preparation of a FC petition shall exclude
irrational allegations presented by the petitioner. - Answers- False
FCA 216-c (b) T/F? Generally, no clerk or probation officer may prevent any person who
wishes to file a petition from having such petition filed with the court immediately. -
Answers- True
FCA 216-c (c) T/F? If there is a question regarding whether or not the FC has
jurisdiction, the clerk shall not assist in the preparation of a petition. - Answers- False
FCA 217 FC orders must be filed where? - Answers- with clerk of FC in county of court
making order
FCA 217 the court shall file or direct the filing of a PC order within___days of the
decision of the court, OR within ___days of settlement of the order on notice. -
Answers- 20...20
FCA 262 T/F? Petitioner and respondent in FCA 10 proceeding are always entitled to
free counsel if indigent. - Answers- False. Only a respondent is so entitled (unless it is a
proceeding under article 10, part 8, in which case a petitioner is so entitled)
FCA 262 T/F? A petitioner and respondent, if indigent, are entitled to free counsel in an
article 8 proceeding. - Answers- True
FCA 262 T/F? A petitioner, if indigent, is entitled to free counsel in an article 5
proceeding. - Answers- False. Only a respondent is so entitled.
FCA 262 T/F? Implementation of orders assigning counsel shall be as provided in article
18B of County Law - Answers- True
FC forms, such as those for warrants, subpoenas, petitions, summonses, etc. are
promulgated by:
A. the state administrator and used statewide. B. the Chief Judge of the court of appeals
and used only in cities (population over 1 million). C. each appellate division & used
only in that district.
D. the estate administrator & used statewide. - Answers- A (FCA 214)
Which of the following two statements are correct? Generally, the clerk of the FC must
not use discretion & common sense in giving out petition forms to persons requesting
them: 1. in family offense proceedings. 2. in support proceedings.
FCA 117 In which counties is a child abuse part established? - Answers- in every
county of NYS
FCA 115 T/F? The FC has exclusive original jurisdiction over family offenses. -
Answers- False
FCA 117 Designated felony parts are established in which counties? - Answers- in the 5
NYC counties
FCA 119 T/F? A "duly authorized agency" may be a foreign corporation that has a place
of business in NYS. - Answers- False
FCA 119 An "infant" or "minor" is a person who has not attained the age of___________
- Answers- 18
FCA 152 T/F? FC judge may dispense with formality of placing a minor under oath. -
Answers- True
FCA 153-a When may a FC warrant of arrest be executed? - Answers- any day of
week, any hour of day or night
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. - Answers- 5
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). - Answers- 4
FCA 155 If an adult is arrested under FC act and court is not in session, adult must be
taken to_______ - Answers- most accessible magistrate to be arraigned
FCA 158 Protective custody of material witness under 16 cannot extend more than ___
days without renewal. - Answers- 14
FCA 158 The maximum period (including extensions) of custody of a material witness
under 16 is_____days. - Answers- 42
FCA 171 T/F? A FC order may be enforced only in county where order was made. -
Answers- False.
FCA 174 T/F? FC of one county must dismiss proceeding if venue is wrong. - Answers-
False
,FCA 175 Violation of probation proceeding may be heard in county where order was
made or________ - Answers- county where violation occurs
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. - Answers- C (FCA 112)
Which of the following is false? A FC 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 - Answers- D (FCA 153)
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 & administer oaths. - Answers- B (FCA
154)
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. -
Answers- C (FCA 153-c)
FC can send process outside the state in______ and_____ proceedings.
A. family offense & JD B. support & JD
C. paternity & PINS D. support & paternity - Answers- D (FCA 154)
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 days B. 3 days C. 5 days D. 4 days - Answers- C (FCA 154-b)
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. -
Answers- D (FCA 117)
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 issuance
C. where respondent resides.
D. where respondent resides or is found. - Answers- D (FCA 171)
Which of the following two 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 C. both 1 & 2 are true
B. 2 only is true D. neither 1 nor 2 are true - Answers- C (FCA 166)
Which of the following 3 statements are correct? 1. cash bail may be accepted by a
desk officer at any time w/i 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 C. 3
only is correct B. 2 only is correct D. neither 1 nor 2 nor 3 are correct - Answers- D
(FCA 155-a)
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 C. only 2 & 3 are correct B. only 1 & 2 are correct D. All 3
correct - Answers- A (FCA 119)
In proceeding to establish paternity or establish, modify or enforce support, court may
send process outside NYS in same manner & same force & effect as process sent as
per CPLR 302 (Long Arm Statute), and FCA 5B (UIFSA), 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 4. person filed with putative father registry (maintained by DSS)
A. only 1, 2 & 4 are correct C. only 2, 3 & 4 are correct B. only 1, 3 & 4 are correct D. 1,
2, 3, & 4 are all correct - Answers- D (FCA 154(b))
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 C. only 2, 3 & 4 are correct B. only 1, 3 & 4 are correct D. 1,
2, 3, & 4 are all correct - Answers- C (FCA 154-d)
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 and 3 are correct C. only 2 and 3 are correct B. only 1 and 2 are correct D.
1, 2 and 3 are all correct - Answers- B (FCA 154-d)
FCA 216-b T/F? Clerk of FC shall use discretion in giving out petition forms to persons
requesting them. - Answers- False
FCA 216-c T/F? Any person assisting in the preparation of a FC petition shall exclude
irrational allegations presented by the petitioner. - Answers- False
FCA 216-c (b) T/F? Generally, no clerk or probation officer may prevent any person who
wishes to file a petition from having such petition filed with the court immediately. -
Answers- True
FCA 216-c (c) T/F? If there is a question regarding whether or not the FC has
jurisdiction, the clerk shall not assist in the preparation of a petition. - Answers- False
FCA 217 FC orders must be filed where? - Answers- with clerk of FC in county of court
making order
FCA 217 the court shall file or direct the filing of a PC order within___days of the
decision of the court, OR within ___days of settlement of the order on notice. -
Answers- 20...20
FCA 262 T/F? Petitioner and respondent in FCA 10 proceeding are always entitled to
free counsel if indigent. - Answers- False. Only a respondent is so entitled (unless it is a
proceeding under article 10, part 8, in which case a petitioner is so entitled)
FCA 262 T/F? A petitioner and respondent, if indigent, are entitled to free counsel in an
article 8 proceeding. - Answers- True
FCA 262 T/F? A petitioner, if indigent, is entitled to free counsel in an article 5
proceeding. - Answers- False. Only a respondent is so entitled.
FCA 262 T/F? Implementation of orders assigning counsel shall be as provided in article
18B of County Law - Answers- True
FC forms, such as those for warrants, subpoenas, petitions, summonses, etc. are
promulgated by:
A. the state administrator and used statewide. B. the Chief Judge of the court of appeals
and used only in cities (population over 1 million). C. each appellate division & used
only in that district.
D. the estate administrator & used statewide. - Answers- A (FCA 214)
Which of the following two statements are correct? Generally, the clerk of the FC must
not use discretion & common sense in giving out petition forms to persons requesting
them: 1. in family offense proceedings. 2. in support proceedings.
