Title FCT, Family Court

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

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

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

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

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

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

§ 164. Judicial notice of matters of law; proof of statutes, decrees\nand decisions of another state or county. The provisions of the civil\npractice law and rules and any rules regulating judicial notice and\nauthentication and proof of records shall, unless otherwise prescribe…

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

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

§ 167. Effect of personal appearance. Whenever a person, whether adult\nor child, to whom a summons shall have been directed shall physically\nappear before the court on the return day of such summons, it shall be\nconclusively presumed that the summons was duly served upon such…

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

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

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

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

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

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

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

§ 176. Inter-county probation. 1. Transfer of probation supervision.\nWhere a person placed on probation resides in another jurisdiction\nwithin the state at the time of the order of disposition, the family\ncourt which placed him or her on probation may, and, in the case of\nor…

§ 211. Administration and operation of family court. The\nadministration and operation of the family court shall be in accord with\narticle seven-a of the judiciary law.\n

§ 212. Rules of court. (a) The administrative board of the judicial\nconference shall prepare rules of court when required by this act and\nmay prepare rules of court when authorized by this act. To the extent\npracticable, any rule of court prepared under this act shall apply\n…

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 234. Compensation and liability for support and care in counties\noutside the city of New York. (a) Whenever a child is detained, placed\nor committed under the provisions of this act to an authorized agency,\nor to any person other than his parent and is retained in accordanc…

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

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

§ 241. Findings and purpose. This act declares that minors who are the\nsubject of family court proceedings or appeals in proceedings\noriginating in the family court should be represented by counsel of\ntheir own choosing or by assigned counsel. This declaration is based on\na …

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

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

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

§ 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\nof the judicial conference may prescribe standards for the exercise of\nthe powers granted to the appellate divisions under this part and may\nrequire such reports as it deems desirable.\n

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

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

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

§ 249-b. Rules of court. (a) The chief administrator of the courts,\npursuant to paragraph (e) of subdivision two of section two hundred\ntwelve of the judiciary law, shall promulgate court rules for attorneys\nfor children. Such court rules shall:\n 1. prescribe workload standa…

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

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

* § 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\nsuch other auxiliary services as will serve the purposes of this act and\nas are within its authorized appropriation.\n