Title FCT, Family Court

§ 157. Interpretation of this part. If there is any conflict between the application of any provision of this part to any proceeding under this act and any provision of the article of this act governing the proceeding, the article governing the proceeding controls.

§ 158. Protective custody of material witness; duration. (a) The family court may place in protective custody a person under sixteen years of age who is a material witness, as provided by law. (b) No order of protective custody under paragraph (a) may extend for a period of more…

§ 161. Days and hours court open; availability of judge. (a) The days and hours the court is open shall be as provided by rule of court. (b) For purposes of sections seven hundred twenty-eight and one thousand twenty-two of this act, rules of court may authorize a judge other th…

§ 162. Waiting room for children. So far as possible a waiting room with a competent person in charge shall be provided for the care of children brought to the family court under this act.

§ 162-a. Use of restraints on children in courtrooms. (a) Use of restraints. Except as otherwise provided in subdivision (b) of this section, restraints on children under the age of twenty-one, including, but not limited to, handcuffs, chains, shackles, irons or straitjackets, a…

§ 163. Separate hearing when child appears. Any case under this act in which children are directly involved or appear shall be heard separately and apart from the hearing of cases against adults, and, where practicable, room separate and apart from a regular court room shall be …

§ 164. Judicial notice of matters of law; proof of statutes, decrees and decisions of another state or county. The provisions of the civil practice law and rules and any rules regulating judicial notice and authentication and proof of records shall, unless otherwise prescribed b…

§ 165. Procedure. (a) Where the method of procedure in any proceeding in which the family court has jurisdiction is not prescribed by this act, the procedure shall be in accord with rules adopted by the administrative board of the judicial conference or, if none has been adopted…

§ 166. Privacy of records. The records of any proceeding in the family court shall not be open to indiscriminate public inspection. However, the court in its discretion in any case may permit the inspection of any papers or records. Any duly authorized agency, association, socie…

§ 167. Effect of personal appearance. Whenever a person, whether adult or child, to whom a summons shall have been directed shall physically appear before the court on the return day of such summons, it shall be conclusively presumed that the summons was duly served upon such pe…

§ 168. Notice of order of protection. 1. In any case in which an order of protection or temporary order of protection has been made by the family court, the clerk of the court shall issue a copy of such order to the petitioner and respondent and to any other person affected by t…

§ 169. Translation and interpretation of orders of protection. The office of court administration shall, in accordance with paragraph (t) of subdivision two of section two hundred twelve of the judiciary law, ensure that a court order of protection and temporary order of protect…

§ 171. Enforcement or modification of orders in other county. Except for proceedings for enforcement or modification of an order of probation in cases brought under article three or seven of this act, which shall be subject to the terms of subdivision two of section one hundred …

§ 172. Commencement of enforcement and modification proceedings in other county. An enforcement or modification proceeding commenced in the family court in a county other than that in which the order was made is commenced by a petition alleging that fact in addition to the facts…

§ 173. Transfer of papers to other county. If the family court in which an enforcement or modification proceeding is brought under this article does not transfer it under section one hundred seventy-four of this part, it shall advise the family court that issued the order sought…

§ 174. Transfer of proceedings to another county. The family court in a county may for good cause transfer a proceeding to a family court in any other county where the proceeding might have been originated and shall transfer a proceeding laying venue in the wrong county to a fam…

§ 175. Violation of probation in other county. Except for cases brought under articles three and seven of this act which shall be subject to the terms of subdivision two of section one hundred seventy-six of this part, if an act or omission which constitutes a violation of the t…

§ 176. Inter-county probation. 1. Transfer of probation supervision. Where a person placed on probation resides in another jurisdiction within the state at the time of the order of disposition, the family court which placed him or her on probation may, and, in the case of orders…

§ 211. Administration and operation of family court. The administration and operation of the family court shall be in accord with article seven-a of the judiciary law.

§ 212. Rules of court. (a) The administrative board of the judicial conference shall prepare rules of court when required by this act and may prepare rules of court when authorized by this act. To the extent practicable, any rule of court prepared under this act shall apply unif…

§ 213. Reports to administrative board, legislature and governor. (a) In addition to any reports required by the administrative board of the judicial conference under article seven-a of the judiciary law, the administrative board shall, as soon as practicable, require the family…

§ 214. Chief administrator to prescribe forms; electronic filing in family court. (a) The chief administrator of the courts shall promulgate a uniform, statewide petition for adoption and may prescribe such other forms as may be proper for the efficient and just administration o…

§ 215. Continuance in office of non-judicial personnel. (a) Officers and employees of the domestic relations court of the city of New York shall, to the extent practicable, be transferred to the family court in counties within the city of New York in accord with article seven-a …

§ 216-a. Clerk of court. There shall be a clerk of court for the family court in each county. The clerk of court shall keep the court records and seal and have such other responsibilities as may be provided in accord with article seven-a of the judiciary law.

§ 216-b. Petition forms. The clerk of the court shall give petition forms to any person requesting them.

§ 216-c. Preparation of petitions. (a) Whenever a petitioner is not represented by counsel, any person who assists in the preparation of a petition shall include all allegations presented by the petitioner. (b) No clerk of the court or probation officer may prevent any person wh…

§ 217. Orders; filing and service. 1. An order shall be in writing and signed with the judge's signature or initials by the judge who made it. The form of such order shall be promulgated by the chief administrator of the courts pursuant to section two hundred fourteen of this ar…

§ 221. Support collection unit; local probation department. 1. When referred to in this chapter, the support collection unit designated by the appropriate social services district, shall be deemed to refer to any support collection unit established by a social services district …

§ 228. Cooperation by banks and other fiduciary institutions. Banks and other fiduciary institutions are authorized and required to report to the court, when so requested, full information relative to any fund therein deposited by a petitioner or respondent in a proceeding under…

§ 229. Cooperation by employer. Employers are authorized and required to report to the court, when so requested, full information as to the earnings of a petitioner or respondent in a proceeding under articles four or five of this act.

§ 231. Jurisdiction over intellectually disabled children. If it shall appear to the court that any child within its jurisdiction is intellectually disabled, the court may cause such child to be examined as provided in the mental hygiene law and if found to be intellectually dis…

§ 232. Jurisdiction over children with physical disabilities. (a) The family court has jurisdiction over children with physical disabilities. (b) "Child with physical disabilities" means a person under twenty-one years of age who, by reason of a physical disability, whether cong…

§ 233. Medical services. Whenever a child within the jurisdiction of the court appears to the court to be in need of medical, surgical, therapeutic, or hospital care or treatment, a suitable order may be made therefor.

§ 234. Compensation and liability for support and care in counties outside the city of New York. (a) Whenever a child is detained, placed or committed under the provisions of this act to an authorized agency, or to any person other than his parent and is retained in accordance w…

§ 235. Compensation and liability for support and care in counties within the city of New York. (a) Upon the detention, placement or commitment of a child by the family court in a county within the city of New York to a public or private institution other than a shelter maintain…

§ 236. Powers of the family court with regard to certain handicapped children. 1. This section shall apply for: (a) services provided to children with handicapping conditions as defined in subdivision one of section forty-four hundred one of the education law who were not eligib…

§ 241. Findings and purpose. This act declares that minors who are the subject of family court proceedings or appeals in proceedings originating in the family court should be represented by counsel of their own choosing or by assigned counsel. This declaration is based on a find…

§ 242. Attorney for the child. As used in this act, "attorney for the child" refers to an attorney admitted to practice law in the state of New York and designated under this part to represent minors pursuant to section two hundred forty-nine of this act.

§ 243. Designation. (a) The office of court administration may enter into an agreement with a legal aid society for the society to provide attorneys to represent children in the family court or appeals in proceedings originating in the family court in a county having a legal aid…

§ 244. Duration of designation. (a) An agreement pursuant to subdivision (a) of section two hundred forty-three of this chapter may be terminated by the office of court administration by serving notice on the society sixty days prior to the effective date of the termination. (b)…

§ 245. Compensation. (a) If the office of court administration\nproceeds pursuant to subdivision (a) of section two hundred forty-three\nof this chapter, the agreement shall provide that the society shall be\nreimbursed on a cost basis for services rendered under the agreement.\…

§ 246. Supervision by administrative board. The administrative board of the judicial conference may prescribe standards for the exercise of the powers granted to the appellate divisions under this part and may require such reports as it deems desirable.

§ 248. Appropriations. The costs of attorneys for children under section two hundred forty-five shall be payable by the state of New York within the amounts appropriated therefor.

§ 249. Appointment of attorney for child. * (a) In a proceeding under article three, seven, ten, ten-A or ten-C of this act or where a revocation of an adoption consent is opposed under section one hundred fifteen-b of the domestic relations law or in any proceeding under sectio…

* § 249-a. Waiver of counsel. A minor who is a subject of a juvenile delinquency or person in need of supervision proceeding or in any proceeding where a minor is detained under or governed by the interstate compact for juveniles established pursuant to section five hundred one-…

§ 249-b. Rules of court. (a) The chief administrator of the courts, pursuant to paragraph (e) of subdivision two of section two hundred twelve of the judiciary law, shall promulgate court rules for attorneys for children. Such court rules shall: 1. prescribe workload standards f…

§ 251. Medical examinations. (a) After the filing of a petition under this act over which the family court appears to have jurisdiction, the court may order any person within its jurisdiction and the parent or other person legally responsible for the care of any child within its…

§ 252. Probation service. (a) The family court in each county shall have a probation service. This service may include volunteer probation officers when necessary, provided they have the qualifications required of salaried officers, but no such volunteer probation officer shall …

* § 252-a. Fees. (a) Notwithstanding any other provision of law, every\ncounty, including the city of New York, may adopt a local law\nauthorizing its probation department which is ordered to conduct an\ninvestigation pursuant to section six hundred fifty-three of this act,\nto …

§ 253. Auxiliary services. The family court in any county shall have such other auxiliary services as will serve the purposes of this act and as are within its authorized appropriation.