Title FCT, Family Court

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

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

§ 581-701. Remedial. This legislation is hereby declared to be a remedial statute and is to be construed liberally to secure the beneficial interests and purposes thereof for the best interests of the child.

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

§ 581-703. Parent under section seventy of the domestic relations law. The term "parent" in section seventy of the domestic relations law shall include a person established to be a parent under this article or any other relevant law.

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

§ 581-705. Adjudication. (a) A court adjudicating the parentage of a child conceived through assisted reproduction or adjudicating the enforceability of an embryo disposition agreement may apply section 581-202 and part three of this article retroactively. (b) The participants in…

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

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

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

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

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

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

§ 624. Evidence. Only competent, material and relevant evidence may be admitted in a fact-finding hearing; only material and relevant evidence may be admitted in a dispositional hearing. Evidence of parental contact or of failure to maintain contact with a child subsequent to th…

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

§ 626. Adjournments. (a) The court may adjourn a fact-finding hearing or a dispositional hearing for good cause shown on its own motion or on motion made on behalf of the child, or on motion of the parent or other person responsible for the care of the child. (b) At the conclusi…

§ 631. Disposition on adjudication of permanent neglect. At the conclusion of a dispositional hearing on a petition for the commitment of the guardianship and custody of a child, the court shall enter an order of disposition: (a) dismissing the petition in accord with section si…

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

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

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

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

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

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

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

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

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

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

§ 651-a. Reports of child abuse and maltreatment; admissibility. In any proceeding brought pursuant to this section to determine the custody or visitation of minors, a report made to the statewide central register of child abuse and maltreatment, pursuant to title six of article…

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

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

§ 655. Temporary order of protection. (a) Upon the filing of a petition or counter-claim 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 …

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

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

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

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

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

§ 661. Jurisdiction. When initiated in the family court, such court has like jurisdiction and authority to determine as county and surrogates courts in proceedings regarding the guardianship of the person of a minor or infant and permanent guardianship of a child. Such jurisdict…

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

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

§ 664. Recording in camera interviews of infants. (a) The court shall not conduct an in camera interview of an infant in any action or proceeding to fix temporary or permanent custody or to modify judgments and orders of custody concerning marital separation, divorce, annulment …

§ 671. 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 sections six hundred fourteen, six hundred fifty-one, six hundred fifty-fou…

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

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

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

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

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

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

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

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

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