Title FCT, Family Court

§ 1011. Purpose. This article is designed to establish procedures to\nhelp protect children from injury or mistreatment and to help safeguard\ntheir physical, mental, and emotional well-being. It is designed to\nprovide a due process of law for determining when the state, throug…

§ 1012. Definitions. When used in this article and unless the specific\ncontext indicates otherwise:\n (a) "Respondent" includes any parent or other person legally\nresponsible for a child's care who is alleged to have abused or\nneglected such child;\n (b) "Child" means any per…

§ 1013. Jurisdiction. (a) The family court has exclusive original\njurisdiction over proceedings under this article alleging the abuse or\nneglect of a child.\n (b) For the protection of children, the family court has jurisdiction\nover proceedings under this article notwithstan…

§ 1014. Transfer to and from family court; concurrent proceedings. (a)\nThe family court may transfer upon a hearing any proceedings originated\nunder this article to an appropriate criminal court or may refer such\nproceeding to the appropriate district attorney if it concludes…

§ 1015. Venue. (a) Proceedings under this article may be originated in\nthe county in which the child resides or is domiciled at the time of the\nfiling of the petition or in the county in which the person having\ncustody of the child resides or is domiciled. For the purposes of…

§ 1015-a. Court-ordered services. In any proceeding under this\narticle, the court may order a social services official to provide or\narrange for the provision of services or assistance to the child and\ntheir family to facilitate the protection of the child, the\nrehabilitatio…

§ 1016. Appointment of attorney for the child. The court shall appoint\nan attorney to represent a child who has been allegedly abused or\nneglected upon the earliest occurrence of any of the following: (i) the\ncourt receiving notice, pursuant to paragraph (iv) of subdivision (…

§ 1017. Placement of children. 1. In any proceeding under this\narticle, when the court determines that a child must be removed from his\nor her home, pursuant to part two of this article, or placed, pursuant\nto section one thousand fifty-five of this article:\n (a) the court s…

§ 1018. Conferencing and mediation. In any proceeding initiated\npursuant to this article, the court may, at its discretion, authorize\nthe use of conferencing or mediation at any point in the proceedings to\nfurther a plan for the child that fosters the child's health, safety,\…

§ 1021. Temporary removal with consent. A peace officer, acting\npursuant to his or her special duties, or a police officer or an agent\nof a duly authorized agency, association, society or institution may\ntemporarily remove a child from the place where he or she is residing\nw…

§ 1022. Preliminary orders of court before petition filed. (a) (i) The\nfamily court may enter an order directing the temporary removal of a\nchild from the place where he or she is residing before the filing of a\npetition under this article, if (A) the parent or other person l…

§ 1022-a. Preliminary orders; notice and appointment of counsel. At a\nhearing held pursuant to section one thousand twenty-two of this part at\nwhich the respondent is present, the court shall advise the respondent\nand any non-respondent parent who is present of the allegation…

§ 1023. Procedure for issuance of temporary order. Any person who may\noriginate a proceeding under this article may apply for, or the court on\nits own motion may issue, an order of temporary removal under section\none thousand twenty-two or one thousand twenty-seven or an orde…

§ 1024. Emergency removal without court order. (a) A peace officer,\nacting pursuant to his or her special duties, police officer, or a law\nenforcement official, or a designated employee of a city or county\ndepartment of social services shall take all necessary measures to\npr…

§ 1026. Action by the appropriate person designated by the court and\nchild protective agency upon emergency removal. (a) The appropriate\nperson designated by the court or a child protective agency when\ninformed that there has been an emergency removal of a child from his or\n…

§ 1027. Hearing and preliminary orders after filing of petition. (a)\n(i) In any case where the child has been removed without court order or\nwhere there has been a hearing pursuant to section one thousand\ntwenty-two of this part at which the respondent was not present, or was…

§ 1027-a. Placement of siblings; contact with siblings. (a) When a\nsocial services official removes a child pursuant to this part, such\nofficial shall place such child with his or her minor siblings or\nhalf-siblings who have been or are being remanded to or placed in the\ncar…

§ 1028. Application to return child temporarily removed. (a) Upon the\napplication of the parent or other person legally responsible for the\ncare of a child temporarily removed under this part or upon the\napplication of the child's attorney for an order returning the child,\nt…

§ 1028-a. Application of a relative to become a foster parent. (a)\nUpon the application of a relative to become a foster parent of a child\nin foster care, the court shall, subject to the provisions of this\nsubdivision, hold a hearing to determine whether the child should be\n…

§ 1029. Temporary order of protection. (a) The family court, upon the\napplication of any person who may originate a proceeding under this\narticle, for good cause shown, may issue a temporary order of\nprotection, before or after the filing of such petition, which may\ncontain …

§ 1030. Order of visitation by a respondent. (a) A respondent shall\nhave the right to reasonable and regularly scheduled visitation with a\nchild in the temporary custody of a social services official pursuant to\nthis part or pursuant to subdivision (d) of section one thousand…

§ 1031. Originating proceeding to determine abuse or neglect. (a) A\nproceeding under this article is originated by the filing of a petition\nin which facts sufficient to establish that a child is an abused or\nneglected child under this article are alleged.\n (b) Allegations of…

§ 1032. Persons who may originate proceedings. The following may\noriginate a proceeding under this article:\n (a) a child protective agency, or\n (b) a person on the court's direction.\n

§ 1033. Access to the court for the purpose of filing a petition. Any\nperson seeking to file a petition at the court's direction, pursuant to\nsubdivision (b) of section one thousand thirty-two shall have access to\nthe court for the purpose of making an ex parte application th…

§ 1033-a. Initial appearance. For the purposes of this section,\n"initial appearance" means the proceeding on the date the respondent\nfirst appears before the court after the petition has been filed and any\nadjournments thereof.\n

§ 1033-b. Initial appearance; procedures. 1. (a) At the initial\nappearance, the court shall appoint an attorney to represent the\ninterests of any child named in a petition who is alleged to be abused\nor neglected, unless an attorney has already been appointed for such\nchild …

§ 1034. Power to order investigations. 1. A family court judge may\norder the child protective service of the appropriate social services\ndistrict to conduct a child protective investigation as described by the\nsocial services law and report its findings to the court:\n (a) in…

§ 1035. Issuance of summons; notice to certain interested persons and\nintervention.\n (a) On the filing of a petition under this article where the child has\nbeen removed from his or her home, unless a warrant is issued pursuant\nto section one thousand thirty-seven of this par…

§ 1036. Service of summons. (a) Except as provided for in subdivision\n(c) of this section, in cases involving abuse, the petition and summons\nshall be served within two court days after their issuance. If they\ncannot be served within that time, such fact shall be reported to …

§ 1037. Issuance of warrant and reports to court. (a) The court may\nissue a warrant directing the parent, or other person legally\nresponsible for the child's care or with whom he is residing to be\nbrought before the court, when a petition is filed with the court under\nthis a…

§ 1038. Records and discovery involving abuse and neglect. (a) Each\nhospital and any other public or private agency having custody of any\nrecords, photographs or other evidence relating to abuse or neglect,\nupon the subpoena of the court, the corporation counsel, county\natto…

§ 1038-a. Discovery; upon court order. Upon motion of a petitioner or\nattorney for the child, the court may order a respondent to provide\nnontestimonial evidence, only if the court finds probable cause that the\nevidence is reasonably related to establishing the allegations in…

§ 1039. Adjournment in contemplation of dismissal. (a) Prior to or\nupon a fact-finding hearing, the court may upon a motion by the\npetitioner with the consent of the respondent and the child's attorney\nor upon its own motion with the consent of the petitioner, the\nrespondent…

§ 1039-a. Procedures following adjournment in contemplation of\ndismissal. The local child protective service shall notify the child's\nattorney of an indicated report of child abuse or maltreatment in which\nthe respondent is a subject of the report or another person named in th…

§ 1039-b. Termination of reasonable efforts. (a) In conjunction with,\nor at any time subsequent to, the filing of a petition under section ten\nhundred thirty-one of this chapter, the social services official may\nfile a motion upon notice requesting a finding that reasonable e…

§ 1040. Notice and right to be heard. The foster parent caring for the\nchild or any pre-adoptive parent or relative providing care for the\nchild shall be provided with notice of any permanency hearing held\npursuant to this article by the social services official. Such foster\…

§ 1041. Required findings concerning notice. No factfinding hearing\nmay commence under this article unless the court enters a finding:\n (a) that the parent or other person legally responsible for the\nchild's care is present at the hearing and has been served with a copy\nof t…

§ 1042. Effect of absence of parent or other person responsible for\ncare. If the parent or other person legally responsible for the child's\ncare is not present, the court may proceed to hear a petition under this\narticle only if the child is represented by counsel. The parent…

§ 1043. Hearings not open to the public. The general public may be\nexcluded from any hearing under this article and only such persons and\nthe representatives of authorized agencies admitted thereto as have an\ninterest in the case.\n

§ 1044. Definition of "fact-finding hearing". When used in this\narticle, "fact-finding hearing" means a hearing to determine whether the\nchild is an abused or neglected child as defined by this article.\n

§ 1045. Definition of "dispositional hearing". When used in this\narticle, "dispositional hearing" means a hearing to determine what order\nof disposition should be made.\n

§ 1046. Evidence. (a) In any hearing under this article and article\nten-A of this act:\n (i) proof of the abuse or neglect of one child shall be admissible\nevidence on the issue of the abuse or neglect of any other child of, or\nthe legal responsibility of, the respondent; and…

§ 1047. Sequence of hearings. (a) Upon completion of the fact-finding\nhearing, the dispositional hearing may commence immediately after the\nrequired findings are made.\n (b) Reports prepared by the probation service or a duly authorized\nassociation, agency, society or institu…

§ 1048. 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 of the corporation counsel, county attorney or district attorney,\nor on motion of the petitioner or on motion of the child or…

§ 1049. Special consideration in certain cases. In scheduling hearings\nand investigations, the court shall give priority to proceedings under\nthis article involving abuse or in which a child has been removed from\nhome before a final order of disposition. Any adjournment grant…

§ 1051. Sustaining or dismissing petition. (a) If facts sufficient to\nsustain the petition are established in accord with part four of this\narticle, or if all parties and the attorney for the child consent, the\ncourt shall, subject to the provisions of subdivision (c) of this…

§ 1052. Disposition on adjudication. (a) At the conclusion of a\ndispositional hearing under this article, the court shall enter an order\nof disposition directing one or more of the following:\n (i) suspending judgment in accord with section one thousand\nfifty-three of this pa…

§ 1052-a. Post-dispositional procedures. The local child protective\nservice shall notify the child's attorney of an indicated report of\nchild abuse or maltreatment in which the respondent is a subject of the\nreport or another person named in the report, as such terms are defi…

§ 1052-b. Duties of counsel. 1. If the court has entered a\ndispositional order pursuant to section one thousand fifty-two it shall\nbe the duty of the respondent's counsel promptly to advise such\nrespondent in writing of his or her right to appeal to the appropriate\nappellate…

§ 1052-c. Duty to report investigations to locate non-respondent\nparents or relatives. Upon a determination by the court to enter an\norder of disposition placing the child in accordance with section one\nthousand fifty-five of this part, the court shall immediately require\nth…