Title FCT, Family Court

§ 353.6. Restitution. 1. At the conclusion of the dispositional\nhearing the court may:\n (a) recommend as a condition of placement, or order as a condition of\nprobation or conditional discharge, restitution in an amount\nrepresenting a fair and reasonable cost to replace the p…

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

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

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

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

§ 355.2. Motion procedures. 1. A motion for relief pursuant to section\n355.1 must be in writing and must state the specific relief requested.\nIf the motion is based upon the existence or occurence of facts, the\nmotion papers must contain sworn allegations thereof; such sworn\…

§ 355.3 Extension of placement. 1. In any case in which the respondent\nhas been placed pursuant to section 353.3 the respondent, the person\nwith whom the respondent has been placed, the commissioner of social\nservices, or the division for youth may petition the court to exten…

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

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

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

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

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

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

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

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

§ 370.1. Securing the attendance of witnesses; securing certain\ntestimony. 1. The provisions of article six hundred twenty of the\ncriminal procedure law concerning the securing of attendance of\nwitnesses by material witness order shall apply to proceedings under\nthis article…

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

§ 375.2. Motion to seal after a finding. 1. If an action has resulted\nin a finding of delinquency pursuant to subdivision one of section\n352.1, other than a finding that the respondent committed a designated\nfelony act, the court may, in the interest of justice and upon motio…

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

§ 380.1. Nature and effect of adjudication. 1. No adjudication under\nthis article may be denominated a conviction and no person adjudicated a\njuvenile delinquent shall be denominated a criminal by reason of such\nadjudication.\n 2. No adjudication under this article shall oper…

§ 381.1. Transfer of records and information to institutions and\nagencies. Whenever a person is placed with an institution suitable for\nplacement of a person adjudicated a juvenile delinquent maintained by\nthe state or any subdivision thereof or to an authorized agency\ninclu…

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

§ 381.3. Use of police records. 1. All police records relating to the\narrest and disposition of any person under this article shall be kept in\nfiles separate and apart from the arrests of adults and shall be\nwithheld from public inspection.\n 2. Notwithstanding the provisions…

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

§ 385.2. Consolidation of records within a city having a population of\none million or more. Notwithstanding any other provision of law, in a\ncity having a population of one million or more, an index of the records\nof the local probation departments located in the counties com…

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

§ 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.\nNotwithstanding any other law, a person who would otherwise be\nchargeable under law with support of a minor child is also chargeable\nwith the support of any such individual until such individual reaches\nthe age of twen…

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

§ 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\nany time prior or subsequent to the birth of said child shall have\nentered into a ceremonial marriage shall be deemed the legitimate child\nof both parents for all purposes of this article regardless of the\nv…

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

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

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

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

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

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

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

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

§ 427. Service of summons. (a) Personal service of a summons and\npetition may be made by delivery of a true copy thereof to the person\nsummoned at least eight days before the time stated therein for\nappearance; or by delivery of a true copy thereof to a person of\nsuitable ag…

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

§ 429. Sequestration of respondent's property. Where in a proceeding\nunder this article it appears to the court that the respondent is not\nwithin the state, or cannot be found therein, or is concealing himself\nor herself therein, so that process cannot be personally served up…

§ 430. Temporary order of protection. (a) Upon the filing of a\npetition under this article, the court for good cause shown may issue a\ntemporary order of protection which may contain any of the provisions\nauthorized on the making of an order of protection under section four\n…

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

§ 432. Procedure before court. The court before whom the respondent is\ntaken under section four hundred thirty-one may require an undertaking\nto appear or in default thereof may place the respondent in custody\nuntil the hearing commences.\n

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

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

§ 434-a. Order for temporary spousal support. The court may make an\norder for temporary spousal support pending a final determination,\nnotwithstanding that information with respect to income and assets of\nthe respondent may be unavailable.\n