Title FCT, Family Court

§ 254. Presentation by corporation counsel, county attorney or\ndistrict attorney. (a) The family court or the appropriate appellate\ndivision of the supreme court may request the corporation counsel of the\ncity of New York or the appropriate county attorney to present the case…

§ 254-a. Procedure for district attorney presentation. 1. The county\nattorney and the district attorney of a county, and the corporation\ncounsel of the city of New York and the district attorney of any county\nin such city, may enter into an agreement whereby the district atto…

§ 255. Cooperation of officials and organizations. (a) It is hereby\nmade the duty of, and the family court or a judge thereof may order, any\nstate, county, municipal and school district officer and employee to\nrender such assistance and cooperation as shall be within their le…

§ 256. Visitation, inspection and supervision by state department of\nsocial services or board of social welfare. Any child placed or\ncommitted under order of the court shall be subject to such visitation,\ninspection and supervision as the state board of social welfare or\ndep…

§ 261. Legislative findings and purpose. Persons involved in certain\nfamily court proceedings may face the infringements of fundamental\ninterests and rights, including the loss of a child's society and the\npossibility of criminal charges, and therefore have a constitutional\n…

§ 262. Assignment of counsel for indigent persons. (a) Each of the\npersons described below in this subdivision has the right to the\nassistance of counsel. When such person first appears in court, the\njudge shall advise such person before proceeding that he or she has the\nrig…

§ 301.1. Purpose. The purpose of this article is to establish\nprocedures in accordance with due process of law (a) to determine\nwhether a person is a juvenile delinquent and (b) to issue an\nappropriate order of disposition for any person who is adjudged a\njuvenile delinquent…

§ 301.2. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Juvenile delinquent" means:\n (a)(i) a person at least twelve and less than eighteen years of age,\nhaving committed an act that would constitute a crime if committed by …

§ 301.3. Applicability of article to actions and matters occurring\nbefore and after effective date. 1. The provisions of this article apply\nexclusively to:\n (a) all juvenile delinquency actions and proceedings commenced upon or\nafter the effective date thereof and all appeal…

§ 301.4. Separability clause. If any clause, sentence, paragraph,\nsection or part of this article shall be adjudged by any court of\ncompetent jurisdiction to be invalid, such judgment shall not affect,\nimpair, or invalidate the remainder thereof, but shall be confined in\nits…

§ 302.1. Jurisdiction. 1. The family court has exclusive original\njurisdiction over any proceeding to determine whether a person is a\njuvenile delinquent.\n 2. In determining the jurisdiction of the court the age of such person\nat the time the delinquent act allegedly was com…

§ 302.2. Statute of limitations. A juvenile delinquency proceeding\nmust be commenced within the period of limitation prescribed in section\n30.10 of the criminal procedure law or, unless the alleged act is a\ndesignated felony as defined in subdivision eight of section 301.2 of…

§ 302.3. Venue. 1. Juvenile delinquency proceedings shall be\noriginated in the county in which the act or acts referred to in the\npetition allegedly occurred. For purposes of determining venue, article\ntwenty of the criminal procedure law shall apply.\n 2. Upon motion of the …

§ 303.1. Criminal procedure law. 1. The provisions of the criminal\nprocedure law shall not apply to proceedings under this article unless\nthe applicability of such provisions are specifically prescribed by this\nact.\n 2. A court may, however, consider judicial interpretations…

§ 303.2. Double jeopardy. The provisions of article forty of the\ncriminal procedure law concerning double jeopardy shall apply to\njuvenile delinquency proceedings.\n

§ 303.3. Defenses. The provisions of articles twenty-five, thirty-five\nand forty and section 30.05 of the penal law shall be applicable to\njuvenile delinquency proceedings.\n

§ 304.1. Detention. 1. A facility certified by the office of children\nand family services as a juvenile detention facility must be operated in\nconformity with the regulations of the office of children and family\nservices.\n 2. No child to whom the provisions of this article m…

§ 304.2. Temporary order of protection. (1) Upon application by the\npresentment agency, the court may issue a temporary order of protection\nagainst a respondent for good cause shown, ex parte or upon notice, at\nany time after a juvenile is taken into custody, pursuant to sect…

§ 305.1. Custody by a private person. 1. A private person may take a\nchild who may be subject to the provisions of this article for\ncommitting an act that would be a crime if committed by an adult into\ncustody in cases in which such private person may arrest an adult for a\nc…

§ 305.2. Custody by a peace officer or a police officer without a\nwarrant. 1. For purposes of this section, the word "officer" means a\npeace officer or a police officer.\n 2. An officer may take a child who may be subject to the provisions of\nthis article for committing an ac…

§ 306.1. Fingerprinting of certain alleged juvenile delinquents. 1.\nFollowing the arrest of a child alleged to be a juvenile delinquent, or\nthe filing of a delinquency petition involving a child who has not been\narrested, the arresting officer or other appropriate police offi…

§ 306.2. Fingerprinting; duties of the division of criminal justice\nservices. 1. Upon receipt of fingerprints taken pursuant to section\n306.1, the division of criminal justice services shall retain such\nfingerprints distinctly identifiable from adult criminal records except\n…

§ 307.1. Family court appearance ticket. 1. A family court appearance\nticket is a written notice issued and subscribed by a peace officer or\npolice officer, a probation service director or his designee or the\nadministrator responsible for operating a detention facility or his…

§ 307.2. Appearance ticket procedures. 1. If a child fails to appear\non the return date specified on a family court appearance ticket, the\nprobation service may refer the matter forthwith to the appropriate\npresentment agency or may, in its discretion, attempt to secure the\n…

§ 307.3. Rules of court authorizing release before filing of petition.\n1. The agency responsible for operating a detention facility pursuant to\nsection two hundred eighteen-a of the county law, five hundred ten-a of\nthe executive law or other applicable provisions of law, sha…

§ 307.4. Hearing following detention. 1. If a child in custody is\nbrought before a judge of the family court before a petition is filed\nupon a written application pursuant to subdivision four of section\n307.3, the judge shall hold a hearing for the purpose of making a\nprelim…

§ 308.1. Rules of court for preliminary procedure. 1. Rules of court\nshall authorize and determine the circumstances under which the\nprobation service may confer with any person seeking to have a juvenile\ndelinquency petition filed, the potential respondent and other\ninteres…

§ 309.1. Community based treatment referrals. 1. A youth who is\nreleased prior to the filing of a petition shall be made aware of and\nreferred to community based organizations offering counseling,\ntreatment, employment, educational, or vocational services in which they\nmay v…

§ 310.1. Originating a juvenile delinquency proceeding. 1. A\nproceeding to adjudicate a person a juvenile delinquent is originated by\nthe filing of a petition.\n 2. Only a presentment agency may originate a juvenile delinquency\nproceeding.\n 3. If the appropriate agency does …

§ 310.2. Speedy trial. After a petition has been filed, or upon the\nsigning of an order of removal pursuant to section 725.05 of the\ncriminal procedure law, the respondent is entitled to a speedy\nfact-finding hearing.\n

§ 311.1. The petition; definition and contents. 1. A petition\noriginating a juvenile delinquency proceeding is a written accusation by\nan authorized presentment agency.\n 2. A petition shall charge at least one crime and may, in addition,\ncharge in separate counts one or more…

§ 311.2. Sufficiency of petition. A petition, or a count thereof, is\nsufficient on its face when:\n 1. it substantially conforms to the requirements prescribed in section\n311.1; and\n 2. the allegations of the factual part of the petition, together with\nthose of any supportin…

§ 311.3. Petition; fact-finding hearings. 1. When two or more\nrespondents are charged in separate petitions with the same crime or\ncrimes the court shall conduct a single or consolidated fact-finding\nhearing. The court, however, upon motion of a respondent or the\npresentment…

§ 311.4. Substitution of petition or finding. 1. At any time in the\nproceedings the court, upon motion of a respondent or its own motion,\nmay, with the consent of the presentment agency and with the consent of\nthe respondent, substitute a petition alleging that the respondent…

§ 311.5. Amendment of the petition. 1. At any time before or during\nthe fact-finding hearing, the court may, upon application of the\npresentment agency and with notice to the respondent and an opportunity\nto be heard, order the amendment of a petition with respect to defects,…

§ 311.6. Joinder, severance and consolidation. 1. Two crimes are\njoinable and may be included as separate counts in the same petition\nwhen:\n (a) they are based upon the same act or upon the same criminal\ntransaction, as that term is defined in subdivision two; or\n (b) even …

§ 312.1. Issuance and service of summons. 1. After a petition has been\nfiled, the court may cause a copy thereof and a summons to be issued,\nrequiring the respondent personally and his parent or other person\nlegally responsible for his care, or, if such legally responsible pe…

§ 312.2. Issuance of a warrant. 1. The court may issue a warrant,\ndirecting that the respondent personally or other person legally\nresponsible for his or her care or, if such legally responsible person\nis not available, a person with whom he or she resides, be brought\nbefore…

§ 315.1. Motion to dismiss; defective petition. 1. A petition or a\ncount thereof is defective when:\n (a) it does not substantially conform to the requirements stated in\nsections 311.1 and 311.2; provided that a petition may not be dismissed\nas defective, but must instead be …

§ 315.2. Motion to dismiss in furtherance of justice. 1. A petition or\nany part or count thereof may at any time be dismissed in furtherance of\njustice when, even though there may be no basis for dismissal as a\nmatter of law, such dismissal is required as a matter of judicial…

§ 315.3. Adjournment in contemplation of dismissal. 1. Except where\nthe petition alleges that the respondent has committed a designated\nfelony act, the court may at any time prior to the entering of a finding\nunder section 352.1 and with the consent of the respondent order th…

§ 320.1. The initial appearance; definition. When used in this article\n"initial appearance" means the proceeding on the date the respondent\nfirst appears before the court after a petition has been filed and any\nadjournments thereof, for the purposes specified in section 320.4…

§ 320.2. The initial appearance; timing; adjournment and appointment\nof counsel. 1. If the respondent is detained, the initial appearance\nshall be held no later than seventy-two hours after a petition is filed\nor the next day the court is in session, whichever is sooner. If t…

§ 320.3. Notice of rights. At the time the respondent first appears\nbefore the court, the respondent and his or her parent or other person\nlegally responsible for his or her care shall be advised of the\nrespondent's right to remain silent and of his or her right to be\nrepres…

§ 320.4. The initial appearance; procedures. 1. At the initial\nappearance the court must inform the respondent, or cause him to be\ninformed in its presence, of the charge or charges contained in the\npetition, and the presentment agency must cause the respondent and his\nor he…

§ 320.5. The initial appearance; release or detention. 1. At the\ninitial appearance, the court in its discretion may release the\nrespondent or direct his detention.\n 2. Rules of court shall define permissible terms and conditions of\nrelease. The court may in its discretion r…

§ 320.6. The initial appearance; referral to the probation service. 1.\nIf the petition alleges the commission of a designated felony act or the\ncommission of a crime enumerated in subdivision four of section 308.1,\nthe probation service shall make a recommendation to the cour…

§ 321.1. Entry of an admission or a denial. 1. At the initial\nappearance the respondent shall admit or deny each charge contained in\nthe petition unless the petition is dismissed or the proceeding\notherwise terminated.\n 2. If the respondent refuses to admit or deny each such…

§ 321.2. Admissions to part of a petition; admissions concerning other\npetitions.\n 1. A respondent may as a matter of right enter an admission to those\nallegations in the petition which are determinable at the fact-finding\nhearing.\n 2. Where the petition charges but one cri…

§ 321.3. Acceptance of an admission. 1. The court shall not consent to\nthe entry of an admission unless it has advised the respondent of his\nright to a fact-finding hearing. The court shall also ascertain through\nallocution of the respondent and his parent or other person leg…