Title FCT, Family Court

§ 724. Duties of police officer or peace officer after taking into\ncustody or on delivery by private person. (a) If a peace officer or a\npolice officer takes into custody or if a person is delivered to him\nunder section seven hundred twenty-three, the officer shall immediatel…

§ 725. Summons or warrant on failure to appear. The family court\nbefore which a person failed to produce a child pursuant to a written\npromise given under section seven hundred twenty-four may issue a\nsummons requiring the child and the person who failed to produce him to\nap…

§ 728. Discharge, release or pre-dispositional placement by judge\nafter hearing and before filing of petition in custody cases. (a) If a\nchild in custody is brought before a judge of the family court before a\npetition is filed, the judge shall hold a hearing for the purpose o…

§ 732. Originating proceeding to adjudicate need for supervision. A\nproceeding to adjudicate a person to be in need of supervision is\noriginated by the filing of a petition, alleging:\n (a) (i) the respondent is an habitual truant or is ungovernable or\nhabitually disobedient …

§ 733. Persons who may originate proceedings. The following persons\nmay originate a proceeding under this article:\n (a) a peace officer, acting pursuant to his special duties, or a\npolice officer;\n (b) the parent or other person legally responsible for his care;\n (c) any pe…

§ 735. Preliminary procedure; diversion services. (a) Each county and\nany city having a population of one million or more shall offer\ndiversion services as defined in section seven hundred twelve of this\narticle to youth who are at risk of being the subject of a person in\nne…

§ 736. Issuance of summons. (1) 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 and his parent or other person legally\nresponsible for his care, or with whom he is domiciled, to ap…

§ 737. Service of summons. (a) Service of a summons and petition shall\nbe made by delivery of a true copy thereof to the person summoned at\nleast twenty-four hours before the time stated therein for appearance.\nIf so requested by one acting on behalf of the respondent or by a…

§ 738. Issuance of warrant for respondent or other person legally\nresponsible for care. The court may issue a warrant, directing that the\nrespondent or other person legally responsible for his care or with whom\nhe is domiciled be brought before the court, when a petition is f…

§ 739. Release, pre-dispositional placement or referral after filing\nof petition and prior to order of disposition. (a) After the filing of a\npetition under section seven hundred thirty-two of this part, the court\nin its discretion may release the respondent or direct his or …

§ 740. 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 seven\…

§ 741. Notice of rights; general provision. (a) At the initial\nappearance of a respondent in a proceeding and at the commencement of\nany hearing under this article, the respondent and his or her parent or\nother person legally responsible for his or her care shall be advised o…

§ 741-a. Notice and right to be heard. The foster parent caring for\nthe child or any pre-adoptive parent or relative providing care for the\nrespondent shall be provided with notice of any permanency hearing held\npursuant to this article by the social services official. Such f…

§ 742. Diversion attempts. (a) Whenever a petition is filed pursuant\nto this article, the lead agency designated pursuant to section seven\nhundred thirty-five of this article shall file a written report with the\ncourt indicating any previous actions it has taken with respect …

§ 743. Acceptance of an admission. (a) Before accepting an admission,\nthe court shall advise the respondent of his or her right to a\nfact-finding hearing. The court shall also ascertain through allocution\nof the respondent and his or her parent or person legally responsible\n…

§ 744. Evidence in fact-finding hearings; required quantum. (a) Only\nevidence that is competent, material and relevant may be admitted in a\nfact-finding hearing.\n (b) Any determination at the conclusion of a fact-finding hearing that\na respondent did an act or acts must be b…

§ 745. Evidence in dispositional hearings; required quantum of proof.\n(a) Only evidence that is material and relevant may be admitted during a\ndispositional hearing.\n (b) An adjudication at the conclusion of a dispositional hearing must\nbe based on a preponderance of the evi…

§ 746. Sequence of hearings. Upon completion of the fact-finding\nhearing the dispositional hearing may commence immediately after the\nrequired findings are made.\n

§ 747. Time of fact-finding hearing. A fact-finding hearing shall\ncommence not more than three days after the filing of a petition under\nthis article if the respondent is in pre-dispositional placement.\n

§ 748. Adjournment of fact-finding hearing. (a) If the respondent is\nin pre-dispositional placement, the court may adjourn a fact-finding\nhearing\n (i) on its own motion or on motion of the petitioner for good cause\nshown for not more than three days;\n (ii) on motion on beha…

§ 749. Adjournment after fact-finding hearing or during dispositional\nhearing. (a) (i) Upon or after a fact-finding hearing, the court may,\nupon its own motion or upon a motion of a party to the proceeding, order\nthat the proceeding be "adjourned in contemplation of dismissal…

§ 750. Probation reports; probation investigation and diagnostic\nassessment. 1. All reports or memoranda prepared or obtained by the\nprobation service shall be deemed confidential information furnished to\nthe court and shall be subject to disclosure solely in accordance with\…

§ 751. Order dismissing petition. If the allegations of a petition\nunder this article are not established, the court shall dismiss the\npetition. The court may in its discretion dismiss a petition under this\narticle, in the interests of justice where attempts have been made to…

§ 752. Findings. If the allegations of a petition under this article\nare established in accord with part three, the court shall enter an\norder finding that the respondent is a person in need of supervision.\nThe order shall state the grounds for the finding and the facts upon\…

§ 754. Disposition on adjudication of person in need of supervision.\n1. Upon an adjudication of person in need of supervision, the court\nshall enter an order of disposition:\n (a) Discharging the respondent with warning;\n (b) Suspending judgment in accord with section seven h…

§ 755. Suspended judgment. (a) Rules of court shall define permissible\nterms and conditions of a suspended judgment. The court may order as a\ncondition of a suspended judgment restitution or services for public\ngood pursuant to section seven hundred fifty-eight-a, and, except…

§ 756. Placement. (a) For purposes of section seven hundred\nfifty-four, the court may: (i) place the child in its own home; (ii)\norder the child be placed in the custody of a suitable relative or other\nsuitable private person; or (iii) order the child be placed in the\ncustod…

§ 756-a. Extension of placement. (a) In any case in which the child\nhas been placed pursuant to paragraph (iii) of paragraph (a) of section\nseven hundred fifty-six of this part, the child, the person with whom\nthe child has been placed or the commissioner of social services m…

§ 756-b. Court review of placement in a qualified residential\ntreatment program. 1. The provisions of this section shall apply when a\nrespondent is placed on or after September twenty-ninth, two thousand\ntwenty-one and resides in a qualified residential treatment program, as\…

§ 757. Probation. (a) Rules of court shall define permissible terms\nand conditions of probation.\n (b) The maximum period of probation shall not exceed one year. If the\ncourt finds at the conclusion of the original period that exceptional\ncircumstances require an additional y…

§ 758-a. Restitution. 1. In cases involving acts of children over\ntwelve and less than eighteen years of age, the court may\n (a) recommend as a condition of placement, or order as a condition of\nprobation or suspended judgment, restitution in an amount representing a\nfair an…

§ 759. Order of protection. The court may make an order of protection\nin assistance or as a condition of any order issued under this article.\nThe order of protection may set forth reasonable conditions of behavior\nto be observed for a specified time by a person who is before …

§ 760. Duties of counsel. 1. If the court has entered a dispositional\norder pursuant to section seven hundred fifty-four, it shall be the duty\nof the respondent's counsel to promptly advise such respondent and if\nhis or her parent or other person responsible for his or her car…

§ 761. New hearing. On its own motion or on motion of any interested\nperson acting on behalf of the respondent, the court may for good cause\ngrant a new fact-finding or dispositional hearing under this article.\n

§ 762. Staying, modifying, setting aside or vacating order. For good\ncause, the court on its own motion or on motion of any interested person\nacting on behalf of the respondent may stay execution of, arrest, set\naside, modify or vacate any order issued in the course of a proc…

§ 763. Notice of motion. Notice of motion under sections seven hundred\nsixty-one or seven hundred sixty-two, including the court's own motion,\nshall be served upon parties and any agency or institution having\ncustody of the child not less than seven days prior to the return d…

§ 764. Petition to terminate placement. Any parent or guardian or duly\nauthorized agency or next friend of a person placed under section seven\nhundred fifty-six may petition to the court for an order terminating the\nplacement. The petition must be verified and must show:\n (a…

§ 765. Service of petition; answer. A copy of a petition under section\nseven hundred sixty-four shall be served promptly upon the duly\nauthorized agency or the institution having custody of the person, whose\nduty it is to file an answer to the petition within five days from t…

§ 766. Examination of petition and answer; hearing. The court shall\npromptly examine the petition and answer. If the court concludes that a\nhearing should be had, it may proceed upon due notice to all concerned\nto hear the facts and determine whether continued placement serve…

§ 767. Orders on hearing. (a) If the court determines after hearing\nthat continued placement serves the purposes of this article, it shall\ndeny the petition. The court may, on its own motion, reduce the duration\nof the placement, change the agency in which the child is placed…

§ 768. Successive petitions. If a petition under section seven hundred\nsixty-four is denied, it may not be renewed for a period of ninety days\nafter the denial, unless the order of denial permits renewal at an\nearlier time.\n

§ 771. Discontinuation of treatment by agency or institution. If an\nauthorized agency in which a person is placed under section seven\nhundred fifty-six\n (a) discontinues or suspends its work; or\n (b) is unwilling to continue to care for the person for the reason\nthat suppor…

§ 772. Action on return from agency or institution. If a person is\nreturned to the court under section seven hundred seventy-one, the court\nmay make any order that might have been made at the time the order of\nplacement was made, except that the maximum duration authorized fo…

§ 773. Petition for transfer. Any institution, society or agency in\nwhich a person was placed under section seven hundred fifty-six of this\narticle may petition to the court which made the order of placement for\ntransfer of that person to a society or agency, governed or cont…

§ 774. Action on petition for transfer. On receiving a petition under\nsection seven hundred seventy-three of this part, the court may proceed\nunder sections seven hundred thirty-seven, seven hundred thirty-eight or\nseven hundred thirty-nine of this article with respect to the…

§ 775. Order on hearing. (a) After hearing a petition under section\nseven hundred seventy-three, the court may:\n (i) dismiss the petition;\n (ii) grant the petition, making such placement, if the court was\nauthorized to make such placement upon the original adjudication; or\n…

§ 776. Failure to comply with terms and conditions of suspended\njudgment. A respondent brought before the court for failure to comply\nwith reasonable terms and conditions of an order of suspended judgment\nshall be subject to section seven hundred seventy-nine-a of this part.\…

§ 777. Failure to comply with terms of placement at home. If a person\nplaced in his own home subject to orders of the court leaves home\nwithout the court's permission, he may be brought before the court and\nif, after hearing, the court is satisfied by competent proof that the…

§ 778. Failure to comply with terms of placement in authorized agency.\nIf a person is placed in the custody of a suitable institution in accord\nwith section seven hundred fifty-six and leaves the institution without\npermission of the superintendent or person in charge and wit…

§ 779. Jurisdiction and supervision of respondent placed on probation;\nfailure to comply with terms of probation. (a) A respondent who is\nplaced on probation in accordance with section seven hundred fifty-seven\nof this article shall remain under the legal jurisdiction of the …