Title FCT, Family Court

§ 254. Presentation by corporation counsel, county attorney or district attorney. (a) The family court or the appropriate appellate division of the supreme court may request the corporation counsel of the city of New York or the appropriate county attorney to present the case in…

§ 254-a. Procedure for district attorney presentation. 1. The county attorney and the district attorney of a county, and the corporation counsel of the city of New York and the district attorney of any county in such city, may enter into an agreement whereby the district attorne…

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

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

§ 261. Legislative findings and purpose. Persons involved in certain family court proceedings may face the infringements of fundamental interests and rights, including the loss of a child's society and the possibility of criminal charges, and therefore have a constitutional righ…

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

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

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

§ 301.3. Applicability of article to actions and matters occurring before and after effective date. 1. The provisions of this article apply exclusively to: (a) all juvenile delinquency actions and proceedings commenced upon or after the effective date thereof and all appeals and…

§ 301.4. Separability clause. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its ope…

§ 302.1. Jurisdiction. 1. The family court has exclusive original jurisdiction over any proceeding to determine whether a person is a juvenile delinquent. 2. In determining the jurisdiction of the court the age of such person at the time the delinquent act allegedly was committe…

§ 302.2. Statute of limitations. A juvenile delinquency proceeding must be commenced within the period of limitation prescribed in section 30.10 of the criminal procedure law or, unless the alleged act is a designated felony as defined in subdivision eight of section 301.2 of th…

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

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

§ 303.2. Double jeopardy. The provisions of article forty of the criminal procedure law concerning double jeopardy shall apply to juvenile delinquency proceedings.

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

§ 304.1. Detention. 1. A facility certified by the office of children and family services as a juvenile detention facility must be operated in conformity with the regulations of the office of children and family services. 2. No child to whom the provisions of this article may ap…

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

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

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

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

§ 306.2. Fingerprinting; duties of the division of criminal justice services. 1. Upon receipt of fingerprints taken pursuant to section 306.1, the division of criminal justice services shall retain such fingerprints distinctly identifiable from adult criminal records except as p…

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

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

§ 307.3. Rules of court authorizing release before filing of petition. 1. The agency responsible for operating a detention facility pursuant to section two hundred eighteen-a of the county law, five hundred ten-a of the executive law or other applicable provisions of law, shall …

§ 307.4. Hearing following detention. 1. If a child in custody is brought before a judge of the family court before a petition is filed upon a written application pursuant to subdivision four of section 307.3, the judge shall hold a hearing for the purpose of making a preliminar…

§ 308.1. Rules of court for preliminary procedure. 1. Rules of court shall authorize and determine the circumstances under which the probation service may confer with any person seeking to have a juvenile delinquency petition filed, the potential respondent and other interested …

§ 309.1. Community based treatment referrals. 1. A youth who is released prior to the filing of a petition shall be made aware of and referred to community based organizations offering counseling, treatment, employment, educational, or vocational services in which they may volun…

§ 310.1. Originating a juvenile delinquency proceeding. 1. A proceeding to adjudicate a person a juvenile delinquent is originated by the filing of a petition. 2. Only a presentment agency may originate a juvenile delinquency proceeding. 3. If the appropriate agency does not ori…

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

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

§ 311.2. Sufficiency of petition. A petition, or a count thereof, is sufficient on its face when: 1. it substantially conforms to the requirements prescribed in section 311.1; and 2. the allegations of the factual part of the petition, together with those of any supporting depos…

§ 311.3. Petition; fact-finding hearings. 1. When two or more respondents are charged in separate petitions with the same crime or crimes the court shall conduct a single or consolidated fact-finding hearing. The court, however, upon motion of a respondent or the presentment age…

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

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

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

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

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

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

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

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

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

§ 320.2. The initial appearance; timing; adjournment and appointment of counsel. 1. If the respondent is detained, the initial appearance shall be held no later than seventy-two hours after a petition is filed or the next day the court is in session, whichever is sooner. If the …

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

§ 320.4. The initial appearance; procedures. 1. At the initial appearance the court must inform the respondent, or cause him to be informed in its presence, of the charge or charges contained in the petition, and the presentment agency must cause the respondent and his or her co…

§ 320.5. The initial appearance; release or detention. 1. At the initial appearance, the court in its discretion may release the respondent or direct his detention. 2. Rules of court shall define permissible terms and conditions of release. The court may in its discretion releas…

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

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

§ 321.2. Admissions to part of a petition; admissions concerning other petitions. 1. A respondent may as a matter of right enter an admission to those allegations in the petition which are determinable at the fact-finding hearing. 2. Where the petition charges but one crime, a r…

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