Title FCT, Family Court

§ 321.4. Withdrawal of an admission or denial. 1. A respondent who has\nentered a denial of a petition may as a matter of right withdraw such\ndenial at any time before the conclusion of the fact-finding hearing and\nenter an admission to the entire petition.\n 2. At any time pr…

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

§ 322.2. Proceedings to determine capacity. 1. Upon the receipt of\nexamination reports ordered under section 322.1 of this act, the court\nshall conduct a hearing to determine whether the respondent is an\nincapacitated person. The respondent, the counsel for the respondent,\nt…

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

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

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

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

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

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

§ 331.2. Discovery; upon demand of a party. 1. Except to the extent\nprotected by court order, upon a demand to produce by a respondent, the\npresentment agency shall disclose to the respondent and make available\nfor inspection, photography, copying or testing, the following pr…

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

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

§ 331.5. Discovery; protective orders, continuing duty to disclose. 1.\nThe court may, upon motion of either party, or of any affected person,\nor upon determination of a motion of either party for an order of\ndiscovery, or upon its own initiative, issue a protective order deny…

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

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

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

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

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

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

§ 340.1. Time of fact-finding hearing. 1. If the respondent is in\ndetention and the highest count in the petition charges the commission\nof a class A, B, or C felony, the fact-finding hearing shall commence\nnot more than fourteen days after the conclusion of the initial\nappe…

§ 340.2. Presiding judge. 1. The judge who presides at the\ncommencement of the fact-finding hearing shall continue to preside until\nsuch hearing is concluded and an order entered pursuant to section 345.1\nunless a mistrial is declared.\n 2. The judge who presides at the fact-…

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

§ 341.2. Presence of respondent and his or her parent. 1. The respondent\nand his or her counsel shall be personally present at any hearing under\nthis article and at the initial appearance.\n 2. If a respondent conducts himself or herself in so disorderly and\ndisruptive a manne…

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

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

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

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

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

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

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

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

§ 344.2. Rules of evidence; statements of respondent; corroboration.\n1. Evidence of a written or oral confession, admission, or other\nstatement made by a respondent with respect to his participation or lack\nof participation in the crime charged, may not be received in evidenc…

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

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

§ 345.1. Orders. 1. If the allegations of a petition or specific\ncounts of a petition concerning the commission of a crime or crimes are\nestablished, the court shall enter an appropriate order and schedule a\ndispositional hearing pursuant to section 350.1. The order shall spe…

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

§ 347.1. Required testing of the respondent in certain proceedings.\n1. (a) In any proceeding where the respondent is found pursuant to\nsection 345.1 or 346.1 of this article, to have committed a felony\noffense enumerated in any section of article one hundred thirty of the\npe…

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

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

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

§ 350.4. Order of procedure. The order of the dispositional hearing\nshall be as follows:\n 1. The court, with the consent of the parties, may direct the\nprobation service to summarize its investigation report if one has been\nprepared and, in its discretion, deliver any furthe…

§ 351.1. Probation, investigation and diagnostic assessment. 1.\nFollowing a determination that a respondent has committed a designated\nfelony act and prior to the dispositional hearing, the judge shall order\na probation investigation and a diagnostic assessment. For the purpo…

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

§ 352.2. Order of disposition. 1. Upon the conclusion of the\ndispositional hearing, the court shall enter an order of disposition:\n (a) conditionally discharging the respondent in accord with section\n353.1; or\n (b) putting the respondent on probation in accord with section 3…

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

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

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

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

§ 353.4. Transfer of certain juvenile delinquents. 1. If at the\nconclusion of the dispositional hearing and in accordance with section\n352.2 of this act the court finds that the respondent has a mental\nillness, or intellectual or developmental disability, as defined in\nsecti…

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