Title FCT, Family Court

§ 321.4. Withdrawal of an admission or denial. 1. A respondent who has entered a denial of a petition may as a matter of right withdraw such denial at any time before the conclusion of the fact-finding hearing and enter an admission to the entire petition. 2. At any time prior t…

§ 322.1. Incapacitated person; examination reports. 1. At any proceeding under this article, the court must issue an order that the respondent be examined as provided herein when it is of the opinion that the respondent may be an incapacitated person. Notwithstanding the provisi…

§ 322.2. Proceedings to determine capacity. 1. Upon the receipt of examination reports ordered under section 322.1 of this act, the court shall conduct a hearing to determine whether the respondent is an incapacitated person. The respondent, the counsel for the respondent, the p…

§ 325.1. The probable-cause hearing; time. 1. At the initial appearance, if the respondent denies a charge contained in the petition and the court determines that the respondent shall be detained for more than three days pending a fact-finding hearing, the court shall schedule a…

§ 325.2. The probable-cause hearing; order of proceeding. 1. The order of a probable-cause hearing held pursuant to section 325.1 or 322.2 shall be as follows: (a) the presentment agency must call and examine witnesses and offer evidence in support of the charge; (b) the respond…

§ 325.3. The probable-cause hearing; determination. 1. At the conclusion of a probable-cause hearing held pursuant to section 325.1 the court shall determine in accordance with the evidentiary standards applicable to a hearing on a felony complaint in a criminal court: (a) wheth…

§ 330.1. Bill of particulars. 1. Definitions. (a) "Bill of particulars" is a written statement by the presentment agency specifying, as required by this section, items of factual information which are not recited in the petition and which pertain to the offense charged and inclu…

§ 330.2. Suppression of evidence. 1. A respondent in a juvenile delinquency proceeding may make a motion to suppress evidence in accordance with sections 710.20 and 710.60 of the criminal procedure law. 2. Whenever the presentment agency intends to offer at a fact-finding hearin…

§ 331.1. Discovery; definition of terms. The following definitions are applicable to this section and sections 331.2 through 331.7. 1. "Demand to produce" means a written notice served by and on a party, without leave of the court, demanding to inspect property pursuant to secti…

§ 331.2. Discovery; upon demand of a party. 1. Except to the extent protected by court order, upon a demand to produce by a respondent, the presentment agency shall disclose to the respondent and make available for inspection, photography, copying or testing, the following prope…

§ 331.3. Discovery; upon court order. 1. Upon motion of respondent the court, (a) must order discovery as to any material not disclosed upon a demand pursuant to section 331.2, if it finds that the presentment agency's refusal to disclose such material is not justified; (b) must…

§ 331.4. Discovery; of prior statements and history of witnesses. 1. At the commencement of the fact-finding hearing, the presentment agency shall, subject to a protective order, make available to the respondent: (a) any written or recorded statement, including any testimony bef…

§ 331.5. Discovery; protective orders, continuing duty to disclose. 1. The court may, upon motion of either party, or of any affected person, or upon determination of a motion of either party for an order of discovery, or upon its own initiative, issue a protective order denying…

§ 331.6. Discovery; sanctions. 1. If, during the course of discovery proceedings, the court finds that a party has failed to comply with any of the provisions of sections 331.2 through 331.7, the court may order such party to permit discovery of the property not previously discl…

§ 331.7. Discovery; demand and motion procedure. 1. If the respondent is in detention: (a) a demand to produce shall be made within seven days after the conclusion of the initial appearance or prior to the commencement of the fact-finding hearing, whichever occurs sooner, unless…

§ 332.1. Pre-trial motions; definition. "Pre-trial motion" as used in this article means any motion by a respondent which seeks an order of the court: 1. transferring a proceeding pursuant to section 302.3; or 2. granting a separate fact-finding hearing pursuant to section 311.3…

§ 332.2. Pre-trial motions; procedure. 1. Except as otherwise expressly provided in this article, all pre-trial motions shall be filed within thirty days after the conclusion of the initial appearance and before commencement of the fact-finding hearing, or within such additional…

§ 335.1. Notice of defense of mental disease or defect. Evidence of mental disease or defect of the respondent excluding his responsibility under this article is not admissible at the fact-finding hearing unless the respondent serves upon the presentment agency and files with th…

§ 335.2. Notice of alibi. 1. At any time not more than fifteen days after the conclusion of the initial appearance and before the fact-finding hearing the presentment agency may serve upon the respondent and file a copy thereof with the court, a demand that if the respondent int…

§ 340.1. Time of fact-finding hearing. 1. If the respondent is in detention and the highest count in the petition charges the commission of a class A, B, or C felony, the fact-finding hearing shall commence not more than fourteen days after the conclusion of the initial appearan…

§ 340.2. Presiding judge. 1. The judge who presides at the commencement of the fact-finding hearing shall continue to preside until such hearing is concluded and an order entered pursuant to section 345.1 unless a mistrial is declared. 2. The judge who presides at the fact-findi…

§ 341.1. Exclusion of general public. The general public may be excluded from any proceeding under this article and only such persons and the representatives of authorized agencies as have a direct interest in the case shall be admitted thereto.

§ 341.2. Presence of respondent and his or her parent. 1. The respondent and his or her counsel shall be personally present at any hearing under this article and at the initial appearance. 2. If a respondent conducts himself or herself in so disorderly and disruptive a manner tha…

§ 342.1. The fact-finding hearing; order of procedure. The order of the fact-finding hearing shall be as follows: 1. The court shall permit the parties to deliver opening addresses. If both parties deliver opening addresses, the presentment agency's address shall be delivered fi…

§ 342.2. Evidence in fact-finding hearings; required quantum. 1. Only evidence that is competent, material and relevant may be admitted at a fact-finding hearing. 2. Any determination at the conclusion of a fact-finding hearing that a respondent committed an act or acts which if…

§ 343.1. Rules of evidence; testimony given by children. 1. Any person may be a witness in a delinquency proceeding unless the court finds that, by reason of infancy or mental disease or defect, he does not possess sufficient intelligence or capacity to justify reception of his …

§ 343.2. Rules of evidence; corroboration of accomplice testimony. 1. A respondent may not be found to be delinquent upon the testimony of an accomplice unsupported by corroborative evidence tending to connect the respondent with the commission of the crime or crimes charged in …

§ 343.3. Rules of evidence; identification by means of previous recognition in absence of present identification. 1. In any juvenile delinquency proceeding in which the respondent's commission of a crime is in issue, testimony as provided in subdivision two may be given by a wit…

§ 343.4. Rules of evidence; identification by means of previous recognition, in addition to present identification. In any juvenile delinquency proceeding in which the respondent's commission of a crime is in issue, a witness who testifies that: (a) he or she observed the person…

§ 343.5. Rules of evidence; impeachment of own witness by proof of prior contradictory statement. 1. When, upon examination by the party who called him, a witness in a delinquency proceeding gives testimony upon a material issue of the case which tends to disprove the position o…

§ 344.1. Rules of evidence; proof of previous conviction or delinquency finding. 1. If in the course of a juvenile delinquency proceeding, any witness, including a respondent, is properly asked whether he was previously convicted of a specified offense and answers in the negativ…

§ 344.2. Rules of evidence; statements of respondent; corroboration. 1. Evidence of a written or oral confession, admission, or other statement made by a respondent with respect to his participation or lack of participation in the crime charged, may not be received in evidence a…

§ 344.3. Rules of evidence; psychiatric testimony in certain cases. When, in connection with a defense of mental disease or defect, a psychiatrist or licensed psychologist who has examined the respondent testifies at the fact-finding hearing concerning the respondent's mental co…

§ 344.4. Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases. Evidence of a victim's sexual conduct shall not be admissible in a juvenile delinquency proceeding for a crime or an attempt to commit a crime defined in article one hundred th…

§ 345.1. Orders. 1. If the allegations of a petition or specific counts of a petition concerning the commission of a crime or crimes are established, the court shall enter an appropriate order and schedule a dispositional hearing pursuant to section 350.1. The order shall specif…

§ 346.1. Fact-finding hearing; removal. Where the proceeding was commenced by the filing of an order of removal pursuant to a direction authorized by section 220.10, 310.85 or 330.25 of the criminal procedure law, the requirements of a fact-finding hearing shall be deemed to hav…

§ 347.1. Required testing of the respondent in certain proceedings. 1. (a) In any proceeding where the respondent is found pursuant to section 345.1 or 346.1 of this article, to have committed a felony offense enumerated in any section of article one hundred thirty of the penal …

§ 350.1. Time of dispositional hearing. 1. If the respondent is detained and has not been found to have committed a designated felony act the dispositional hearing shall commence not more than ten days after the entry of an order pursuant to subdivision one of section 345.1 of t…

§ 350.2. Order of removal. 1. Where the proceeding has been commenced by the filing of an order of removal pursuant to a direction authorized by sections 220.10, 310.85 and 330.25 of the criminal procedure law, the date of filing in the family court shall be deemed for purposes …

§ 350.3. Dispositional hearings; evidence and required quantum of proof - appearance of presentment agency. 1. Only evidence that is material and relevant may be admitted during a dispositional hearing. 2. An adjudication at the conclusion of a dispositional hearing must be base…

§ 350.4. Order of procedure. The order of the dispositional hearing shall be as follows: 1. The court, with the consent of the parties, may direct the probation service to summarize its investigation report if one has been prepared and, in its discretion, deliver any further sta…

§ 351.1. Probation, investigation and diagnostic assessment. 1. Following a determination that a respondent has committed a designated felony act and prior to the dispositional hearing, the judge shall order a probation investigation and a diagnostic assessment. For the purposes…

§ 352.1. Findings. 1. If, upon the conclusion of the dispositional hearing, the court determines that the respondent requires supervision, treatment or confinement, the court shall enter a finding that such respondent is a juvenile delinquent and order an appropriate disposition…

§ 352.2. Order of disposition. 1. Upon the conclusion of the dispositional hearing, the court shall enter an order of disposition: (a) conditionally discharging the respondent in accord with section 353.1; or (b) putting the respondent on probation in accord with section 353.2; …

§ 352.3. Order of protection. (1) Upon the issuance of an order pursuant to section 315.3 or the entry of an order of disposition pursuant to section 352.2, a court may enter an order of protection against any respondent for good cause shown. The order may require that the respo…

§ 353.1. Conditional discharge. 1. The court may conditionally discharge the respondent if the court, having regard for the nature and circumstances of the crime and for the history, character and condition of the respondent, is of the opinion that consistent with subdivision tw…

§ 353.2. Probation. 1. The court may order a period of probation if the court, having regard for the nature and circumstances of the crime and the history, character and condition of the respondent, is of the opinion that: (a) placement of respondent is not or may not be necessa…

§ 353.3 Placement. 1. In accordance with section 352.2 of this part, the court may place the respondent in his or her own home or in the custody of a suitable relative or other suitable private person or the commissioner of the local social services district or the office of chi…

§ 353.4. Transfer of certain juvenile delinquents. 1. If at the conclusion of the dispositional hearing and in accordance with section 352.2 of this act the court finds that the respondent has a mental illness, or intellectual or developmental disability, as defined in section 1…

§ 353.5. Designated felony acts; restrictive placement. 1. Where the respondent is found to have committed a designated felony act, the order of disposition shall be made within twenty days of the conclusion of the dispositional hearing and shall include a finding based on a pre…