N.Y. FCT Law § 311.1 — New York Code / Act FCT / Article 3 / Part 1 / Section 311.1
The petition; definition and contents
Status: in_force

§ 311.1. The petition; definition and contents. 1. A petition\noriginating a juvenile delinquency proceeding is a written accusation by\nan authorized presentment agency.\n  2. A petition shall charge at least one crime and may, in addition,\ncharge in separate counts one or more other crimes, provided that all\nsuch crimes are joinable in accord with section 311.6.\n  3. A petition must contain:\n  (a) the name of the family court in which it is filed;\n  (b) the title of the action;\n  (c) the fact that the respondent is a person of the necessary age to\nbe a juvenile delinquent at the time of the alleged act or acts;\n  (d) a separate accusation or count addressed to each crime charged, if\nthere be more than one;\n  (e) the precise crime or crimes charged;\n  (f) a statement in each count that the crime charged was committed in\na designated county;\n  (g) a statement in each count that the crime charged therein was\ncommitted on, or on or about, a designated date, or during a designated\nperiod of time;\n  (h) a plain and concise factual statement in each count which, without\nallegations of an evidentiary nature, asserts facts supporting every\nelement of the crime charged and the respondent's commission thereof\nwith sufficient precision to clearly apprise the respondent of the\nconduct which is the subject of the accusation;\n  (i) the name or names, if known, of other persons who are charged as\nco-respondents in the family court or as adults in a criminal court\nproceeding in the commission of the crime or crimes charged;\n  (j) a statement that the respondent requires supervision, treatment or\nconfinement; and\n  (k) the signature of the appropriate presentment attorney.\n  4. A petition shall be verified in accordance with the civil practice\nlaw and rules and shall conform to the provisions of section 311.2.\n  5. If the petition alleges that the respondent committed a designated\nfelony act, it shall so state, and the term "designated felony act\npetition" shall be prominently marked thereon. Certified copies of prior\ndelinquency findings shall constitute sufficient proof of such findings\nfor the purpose of filing a designated felony petition. If all the\nallegations of a designated felony act are dismissed or withdrawn or the\nrespondent is found to have committed crimes which are not designated\nfelony acts, the term "designated felony act petition" shall be stricken\nfrom the petition.\n  6. The form of petition shall be prescribed by the chief administrator\nof the courts. A petition shall be entitled "In the Matter of", followed\nby the name of the respondent.\n  7. When an order of removal pursuant to article seven hundred\ntwenty-five of the criminal procedure law is filed with the clerk of the\ncourt, such order and those pleadings and proceedings, other than the\nminutes of any hearing inquiry or trial, grand jury proceeding, or of\nany plea accepted or entered, held in this action that has not yet been\ntranscribed shall be transferred with it and shall be deemed to be a\npetition filed pursuant to subdivision one of section 310.1 containing\nall of the allegations required by this section notwithstanding that\nsuch allegations may not be set forth in the manner therein prescribed.\nWhere the order or the grand jury request annexed to the order specifies\nan act that is a designated felony act, the clerk shall annex to the\norder a sufficient statement and marking to make it a designated felony\nact petition. The date such order is filed with the clerk of the court\nshall be deemed the date a petition was filed under this article. For\npurposes of service in accord with section 312.1, however, only the\norder of removal shall be deemed the petition. All minutes of any\nhearing inquiry or trial held in this action, the minutes of any grand\njury proceeding and the minutes of any plea accepted and entered shall\nbe transferred to the family court within thirty days.\n