Title FCT, Family Court

§ 353.6. Restitution. 1. At the conclusion of the dispositional hearing the court may: (a) recommend as a condition of placement, or order as a condition of probation or conditional discharge, restitution in an amount representing a fair and reasonable cost to replace the proper…

§ 353.7. Placement in qualified residential treatment programs. 1. The provisions of this section shall apply when a respondent is placed on or after September twenty-ninth, two thousand twenty-one and resides in a non-secure setting that is a qualified residential treatment pro…

§ 354.1. Retention and destruction of fingerprints of persons alleged to be juvenile delinquents. 1. If a person whose fingerprints, palmprints or photographs were taken pursuant to section 306.1 or was initially fingerprinted as a juvenile offender and the action is subsequentl…

§ 354.2. Duties of counsel. 1. If the court has entered a dispositional order pursuant to section 352.2, it shall be the duty of the respondent's counsel to promptly advise such respondent and his or her parent or other person responsible for his or her care in writing of the ri…

§ 355.1. New hearing; staying, modifying or terminating an order. 1. Upon a showing of a substantial change of circumstances, the court may on its own motion or on motion of the respondent or his parent or person responsible for his care: (a) grant a new fact-finding or disposit…

§ 355.2. Motion procedures. 1. A motion for relief pursuant to section 355.1 must be in writing and must state the specific relief requested. If the motion is based upon the existence or occurence of facts, the motion papers must contain sworn allegations thereof; such sworn all…

§ 355.3 Extension of placement. 1. In any case in which the respondent has been placed pursuant to section 353.3 the respondent, the person with whom the respondent has been placed, the commissioner of social services, or the division for youth may petition the court to extend s…

§ 355.4. Provisions for routine medical, dental and mental health services and treatment. * 1. At the conclusion of the dispositional hearing pursuant to this article, where the respondent is to be placed with the office of children and family services or a social services distr…

§ 355.5. Permanency hearing. * 1. For the purposes of this section the term "non-secure facility" means a facility operated by an authorized agency in accordance with an operating certificate issued pursuant to the social services law or a facility, not including a secure or lim…

§ 360.1. Jurisdiction and supervision of respondent placed on probation. 1. A respondent who is placed on probation shall remain under the legal jurisdiction of the court pending expiration or termination of the period of the order of probation. 2. The probation service shall su…

§ 360.2. Petition of violation. 1. If at any time during the period of an order of probation or conditional discharge the probation service has reasonable cause to believe that the respondent has violated a condition thereof, it may file a petition of violation. 2. The petition …

§ 360.3. Hearing on violation. 1. The court may not revoke an order of probation or conditional discharge unless: (a) the court has found that the respondent has violated a condition of such order; and (b) the respondent has had an opportunity to be heard. The respondent is enti…

§ 365.1. Appeal; authorized as of right. 1. An appeal to the appropriate appellate division may be taken as of right by the respondent from any order of disposition under this article in accordance with article eleven. 2. An appeal to the appropriate appellate division may be ta…

§ 365.2. Appeal by permission. An appeal may be taken by the respondent, in the discretion of the appropriate appellate division, from any other order under this article.

§ 365.3. Notice of appeal. 1. An appeal shall be taken by filing a written notice of appeal, in duplicate, with the clerk of the family court in which the order was entered. 2. If the respondent is the appellant, he must also serve a copy of such notice of appeal upon the approp…

§ 370.1. Securing the attendance of witnesses; securing certain testimony. 1. The provisions of article six hundred twenty of the criminal procedure law concerning the securing of attendance of witnesses by material witness order shall apply to proceedings under this article. 2.…

§ 375.1. Order upon termination of a delinquency action in favor of the respondent. 1. Upon termination of a delinquency proceeding against a respondent in favor of such respondent, unless the presentment agency upon written motion with not less than eight days notice to such re…

§ 375.2. Motion to seal after a finding. 1. If an action has resulted in a finding of delinquency pursuant to subdivision one of section 352.1, other than a finding that the respondent committed a designated felony act, the court may, in the interest of justice and upon motion o…

§ 375.3. Expungement of court records. Nothing contained in this article shall preclude the court's use of its inherent power to order the expungement of court records.

§ 380.1. Nature and effect of adjudication. 1. No adjudication under this article may be denominated a conviction and no person adjudicated a juvenile delinquent shall be denominated a criminal by reason of such adjudication. 2. No adjudication under this article shall operate a…

§ 381.1. Transfer of records and information to institutions and agencies. Whenever a person is placed with an institution suitable for placement of a person adjudicated a juvenile delinquent maintained by the state or any subdivision thereof or to an authorized agency including…

§ 381.2. Use of records in other courts. 1. Neither the fact that a person was before the family court under this article for a hearing nor any confession, admission or statement made by him to the court or to any officer thereof in any stage of the proceeding is admissible as e…

§ 381.3. Use of police records. 1. All police records relating to the arrest and disposition of any person under this article shall be kept in files separate and apart from the arrests of adults and shall be withheld from public inspection. 2. Notwithstanding the provisions of s…

§ 385.1. Reports. 1. In addition to reports filed pursuant to section two hundred thirteen, the chief administrator of the courts shall include in its annual report to the legislature and the governor information, by county, showing the total number of delinquency cases filed un…

§ 385.2. Consolidation of records within a city having a population of one million or more. Notwithstanding any other provision of law, in a city having a population of one million or more, an index of the records of the local probation departments located in the counties compri…

§ 411. Jurisdiction. The family court has exclusive original jurisdiction over proceedings for support or maintenance under this article and in proceedings under article five-B of this act, known as the uniform interstate family support act. On its own motion, the court may at a…

§ 412. Married person's duty to support spouse. 1. A married person is\nchargeable with the support of his or her spouse and, except where the\nparties have entered into an agreement pursuant to section four hundred\ntwenty-five of this article providing for support, the court, …

§ 413. Parents' duty to support child. 1. (a) Except as provided in\nsubdivision two of this section, the parents of a child under the age of\ntwenty-one years are chargeable with the support of such child and, if\npossessed of sufficient means or able to earn such means, shall …

§ 413-a. Review and cost of living adjustment of child support orders.\n1. Request. Any party to a child support order issued on behalf of a\nchild in receipt of public assistance, or child support enforcement\nservices pursuant to section one hundred eleven-g of the social serv…

§ 413-b. Support orders for certain adult dependents. 1. Notwithstanding any other law, a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of twenty-s…

§ 415. Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene. Except as otherwise provided by law, the spouse or parent of a recipient of public assistance or care or of a person liable to become in need ther…

§ 416. Elements of support; provisions for accident, life and health\ninsurance benefits. (a) The court may include in the requirements for an\norder for support the providing of necessary shelter, food, clothing,\ncare, medical attention, expenses of confinement, the expense of…

§ 417. Child of ceremonial marriage. A child born of parents who at any time prior or subsequent to the birth of said child shall have entered into a ceremonial marriage shall be deemed the legitimate child of both parents for all purposes of this article regardless of the valid…

§ 418. Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests. (a) The court, on its own motion or motion of any party, when paternity is contested, shall order the mother, the child and the alleged father to submit to one or more genet…

§ 421. Venue. Proceedings to compel support under this article may be originated in the county in which one of the parties resides or is domiciled at the time of the filing of the petition. Upon application, the family court may change the place of trial of a proceeding in accor…

§ 422. Persons who may originate proceedings. (a) A husband, wife, child, or relative in need of public assistance or care may originate a proceeding under this article to compel a person chargeable with the support to support the petitioner as required by law. A social services…

§ 423. Petition; prior demand not required. Proceedings under this article are commenced by the filing of a petition, which may be made on information and belief. The petitioner need not make a demand upon the respondent for support as a condition precedent to the filing of a pe…

§ 424. Probation services. 1. A local probation service may provide services to a party seeking to establish, modify or enforce a support obligation where there is a contract with the appropriate social services district for the performance of support collection services under s…

§ 424-a. Compulsory financial disclosure. Except as provided herein: (a) in all support proceedings in family court, there shall be compulsory disclosure by both parties of their respective financial states, provided, however, that this requirement shall not apply to a social se…

§ 425. Agreement to support; pilot program for use of alternative dispute resolution to obtain agreements to support. (a) If the parties reach an agreement for the support of the child and/or the petitioner, it must be reduced to writing and submitted to the family court or a su…

§ 426. Issuance of summons. (a) On the filing of a petition under this article, the court may cause a copy of the petition and a summons to be issued, requiring the respondent to show cause why the order of support and other and further relief prayed for by the petition should n…

§ 427. Service of summons. (a) Personal service of a summons and petition may be made by delivery of a true copy thereof to the person summoned at least eight days before the time stated therein for appearance; or by delivery of a true copy thereof to a person of suitable age an…

§ 428. Issuance of warrant; certificate of warrant. (a) The court may issue a warrant, directing that the respondent be arrested, brought before the court, when a petition is presented to the court under section four hundred twenty-three and it appears that (i) the summons canno…

§ 429. Sequestration of respondent's property. Where in a proceeding under this article it appears to the court that the respondent is not within the state, or cannot be found therein, or is concealing himself or herself therein, so that process cannot be personally served upon …

§ 430. Temporary order of protection. (a) Upon the filing of a petition under this article, the court for good cause shown may issue a temporary order of protection which may contain any of the provisions authorized on the making of an order of protection under section four hund…

§ 431. Preliminary procedure on warrant. (a) When a respondent is taken into custody pursuant to a warrant issued by a family court in New York city under section four hundred twenty-eight, he shall be taken before the court issuing the warrant if the respondent is taken into cu…

§ 432. Procedure before court. The court before whom the respondent is taken under section four hundred thirty-one may require an undertaking to appear or in default thereof may place the respondent in custody until the hearing commences.

§ 433. (a) Hearing. Upon the return of the summons or when a respondent is brought before the court pursuant to a warrant, the court shall proceed to hear and determine the case. The respondent shall be informed of the contents of the petition, advised of his right to counsel, a…

§ 434. Order for temporary child support. The court shall make an order for temporary child support pending a final determination, in an amount sufficient to meet the needs of the child, without a showing of immediate or emergency need. The court shall make an order for temporar…

§ 434-a. Order for temporary spousal support. The court may make an order for temporary spousal support pending a final determination, notwithstanding that information with respect to income and assets of the respondent may be unavailable.