Title FCT, Family Court

§ 581-606. Life insurance. A person acting as surrogate has the right\nto be provided a life insurance, policy that takes effect prior to\ntaking any medication or commencement of treatment to further embryo\ntransfer, provides a minimum benefit of seven hundred fifty thousand\n…

§ 581-607. Termination of surrogacy agreement. A person acting as\nsurrogate has the right to terminate a surrogacy agreement prior to\nbecoming pregnant by means of assisted reproduction pursuant to section\n581-405 of this article.\n

§ 581-701. Remedial. This legislation is hereby declared to be a\nremedial statute and is to be construed liberally to secure the\nbeneficial interests and purposes thereof for the best interests of the\nchild.\n

§ 581-702. Severability. The invalidation of any part of this\nlegislation by a court of competent jurisdiction shall not result in the\ninvalidation of any other part.\n

§ 581-703. Parent under section seventy of the domestic relations law.\nThe term "parent" in section seventy of the domestic relations law shall\ninclude a person established to be a parent under this article or any\nother relevant law.\n

§ 581-704. Interpretation. Unless the context indicates otherwise,\nwords importing the singular include and apply to several persons,\nparties, or things; words importing the plural include the singular.\n

§ 581-705. Adjudication. (a) A court adjudicating the parentage of a\nchild conceived through assisted reproduction or adjudicating the\nenforceability of an embryo disposition agreement may apply section\n581-202 and part three of this article retroactively.\n (b) The participan…

§ 611. Permanently neglected child; purpose of part. The purpose of\nthis part is to provide the procedures for proceedings initiated in\nfamily court, pursuant to section three hundred eighty-four-b of the\nsocial services law, for the commitment of the guardianship and custody…

§ 614. Originating proceeding for the commitment of the guardianship\nand custody of a permanently neglected child. 1. A proceeding for the\ncommitment of the guardianship and custody of a child on the ground of\npermanent neglect is originated by a petition, alleging:\n (a) the…

§ 616. Issuance of summons. On the filing of a petition under this\npart, the court may cause a copy of the petition and a summons to be\nissued, requiring the parent to show cause why the court should not\nenter an order committing the guardianship and custody of the child to\n…

§ 617. Service of summons. (a) Service of a summons and petition under\nthis part shall be made by delivery of a true copy thereof to the person\nsummoned at least twenty days before the time stated therein for\nappearance. If so requested by the parent or other person legally\n…

§ 622. Definition of "fact-finding hearing". When used in this part,\n"fact-finding hearing" means in the case of a petition for the\ncommitment of the guardianship and custody of a child, a hearing to\ndetermine whether the allegations required by paragraphs (a), (b), (c),\nand…

§ 623. Definition of "dispositional hearing". When used in this part,\n"dispositional hearing" means a hearing to determine what order of\ndisposition should be made in accordance with the best interests of the\nchild. Where the disposition ordered is the commitment of guardians…

§ 624. Evidence. Only competent, material and relevant evidence may be\nadmitted in a fact-finding hearing; only material and relevant evidence\nmay be admitted in a dispositional hearing. Evidence of parental contact\nor of failure to maintain contact with a child subsequent to…

§ 625. Sequence of hearings. (a) Upon completion of the fact-finding\nhearing, the dispositional hearing may commence immediately after the\nrequired findings are made; provided, however, that if all parties\nconsent the court may, upon motion of any party or upon its own motion…

§ 626. Adjournments. (a) The court may adjourn a fact-finding hearing\nor a dispositional hearing for good cause shown on its own motion or on\nmotion made on behalf of the child, or on motion of the parent or other\nperson responsible for the care of the child.\n (b) At the con…

§ 631. Disposition on adjudication of permanent neglect. At the\nconclusion of a dispositional hearing on a petition for the commitment\nof the guardianship and custody of a child, the court shall enter an\norder of disposition:\n (a) dismissing the petition in accord with secti…

§ 632. Order dismissing petition. (a) If the allegations of a petition\nunder this part are not established, the court shall dismiss the\npetition.\n (b) If a motion or application has been made in the course of a\nproceeding under this part to reconsider an underlying order of\…

§ 633. Suspended judgment. (a) Rules of court shall define permissible\nterms and conditions of a suspended judgment. These terms and conditions\nshall relate to the acts or omissions of the parent or other person\nresponsible for the care of the child.\n (b) The maximum duratio…

§ 634. Commitment of guardianship and custody; further orders. The\ncourt may enter an order under section six hundred thirty-one committing\nthe guardianship and custody of the child to the petitioner on such\nconditions, if any, as it deems proper.\n

§ 635. Petition to restore parental rights. A petition to modify a\ndisposition ordered pursuant to subdivision (c) of section six hundred\nthirty-one of this article or paragraph (a) of subdivision three of\nsection three hundred eighty-four-b of the social services law in orde…

§ 636. Originating a proceeding to restore parental rights; service\nand venue. (a) A proceeding to modify the disposition in order to\nrestore parental rights may be originated by the filing of a petition by\nthe child's attorney, by the agency or individual to whom guardianshi…

§ 637. Burden of proof, disposition and findings. (a) The petitioner\nshall have the burden of proof by clear and convincing evidence that\nrestoration of parental rights is in the child's best interests, that\nthe requirements of section six hundred thirty-five of this part hav…

§ 641. Jurisdiction over adoption proceedings. The family court has\noriginal jurisdiction concurrent with the surrogate's courts over\nadoption proceedings under article seven of the domestic relations law.\n

§ 642. Rules of court. Rules of court, not inconsistent with any\nprovision of article seven of the domestic relations law, may authorize\nthe probation service to interview such persons and obtain such data as\nwill aid the court in determining a petition under that article.\n

§ 643. Consideration of blindness during adoption proceedings. 1. The\ncourt may not deny or decide a petition for adoption solely on the basis\nthat the petitioner is blind. The blindness of the petitioner shall be\nconsidered relevant only to the extent that the court finds, b…

§ 651. Jurisdiction over habeas corpus proceedings and petitions for\ncustody and visitation of minors. (a) When referred from the supreme\ncourt or county court to the family court, the family court has\njurisdiction to determine, in accordance with subdivisions one and one-c\n…

§ 651-a. Reports of child abuse and maltreatment; admissibility. In\nany proceeding brought pursuant to this section to determine the custody\nor visitation of minors, a report made to the statewide central register\nof child abuse and maltreatment, pursuant to title six of arti…

§ 652. Jurisdiction over applications to fix custody in matrimonial\nactions on referral from supreme court. (a) When referred from the\nsupreme court to the family court, the family court has jurisdiction to\ndetermine, with the same powers possessed by the supreme court,\nappl…

§ 653. Rules of court. Rules of court, not inconsistent with any law,\nmay authorize the probation service to interview such persons and obtain\nsuch data as will aid the court in determining a habeas corpus or\ncustody proceeding under section six hundred fifty-one.\n

§ 655. Temporary order of protection. (a) Upon the filing of a\npetition or counter-claim under this article, the court for good cause\nshown may issue a temporary order of protection which may contain any of\nthe provisions authorized on the making of an order of protection und…

§ 656. Order of protection. The court may make an order of protection\nand an order of probation in assistance or as a condition of any other\norder made under this part. The order of protection may set forth\nreasonable conditions of behavior to be observed for a specific time …

§ 656-a. Firearms; surrender and license suspension, revocation and\nineligibility. Upon the issuance of an order of protection or temporary\norder of protection, or upon a violation of such order, the court shall\nmake a determination regarding the suspension and revocation of …

§ 657. Certain provisions relating to the guardianship and custody of\nchildren by persons who are not the parents of such children. (a)\nNotwithstanding any provision of the law to the contrary, a person\npossessing a lawful order of guardianship or custody of a minor child,\nw…

§ 658. Consideration of blindness during guardianship, custody or\nvisitation proceedings. 1. The court may not deny or decide a petition\nfor custody or visitation under this part or guardianship under part\nfour of this article solely on the basis that the petitioner is blind.…

§ 659. Consideration of law allowing gender-affirming care. 1. It is\nthe intent of the legislature that children or their parents should be\nable to obtain necessary medical care, including legally protected\nhealth activity, as defined by section 570.17 of the criminal procedu…

§ 661. Jurisdiction. When initiated in the family court, such court\nhas like jurisdiction and authority to determine as county and\nsurrogates courts in proceedings regarding the guardianship of the\nperson of a minor or infant and permanent guardianship of a child. Such\njuris…

§ 662. Rules of court. Rules of court, not inconsistent with any law,\nmay authorize the probation service to interview such persons and obtain\nsuch data as will aid the court in exercising its power under section\nsix hundred sixty-one.\n

§ 663. Guardian of person to file copy of order of appointment. Upon\nthe appointment and qualification of guardian of the person of a minor\nas provided in section six hundred sixty-one of this act, letters of\nguardianship shall thereupon issue from this court.\n

§ 664. Recording in camera interviews of infants. (a) The court shall\nnot conduct an in camera interview of an infant in any action or\nproceeding to fix temporary or permanent custody or to modify judgments\nand orders of custody concerning marital separation, divorce, annulme…

§ 671. 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\nsections six hundred fourteen, six hundred fifty-one, six hundred\nfifty…

§ 711. Purpose. The purpose of this article is to provide a due\nprocess of law (a) for considering a claim that a person is in need of\nsupervision and (b) for devising an appropriate order of disposition for\nany person adjudged in need of supervision.\n

§ 712. Definitions. As used in this article, the following terms shall\nhave the following meanings:\n (a) "Person in need of supervision". A person less than eighteen years\nof age: (i) who does not attend school in accordance with the provisions\nof part one of article sixty-f…

§ 713. Jurisdiction. The family court has exclusive original\njurisdiction over any proceeding involving a person alleged to be a\nperson in need of supervision.\n

§ 714. Determination of age. (a) In determining the jurisdiction of\nthe court under section seven hundred thirteen the age of the respondent\nat the time the need for supervision allegedly arose is controlling.\n (b) If the respondent is within the jurisdiction of the court, bu…

§ 716. Substitution of petition. On its own motion and at any time in\nthe proceedings, the court may substitute a neglect petition under\narticle ten for a petition to determine whether a person is in need of\nsupervision.\n

§ 717. Venue. Proceedings under this article are originated in the\ncounty in which the act or acts referred to in the petition allegedly\noccurred. On motion made on behalf of the respondent or by his parent or\nother person legally responsible for his care or on the court's mo…

§ 718. Return of run away. (a) A peace officer, acting pursuant to\nsuch peace officer's special duties, or a police officer may return to a\nparent or other person legally responsible for such child's care any\nchild under the age of eighteen who has run away from home without …

§ 720. Pre-dispositional placement. 1. No child to whom the provisions\nof this article may apply, shall be detained in any prison, jail,\nlockup, or other place used for adults or children convicted of crime or\nunder arrest and charged with a crime.\n 2. The detention of a chi…

§ 723. Duties of private person before and after taking into custody.\n(a) Before taking into custody, a private person must inform the person\nto be taken into custody of the cause thereof and require him to submit.\n (b) After taking into custody, a private person must take th…