reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.4 - Access to Family Court proceedings

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) The Family Court is open to the
				  public. Members of the public, including the news media, shall have access to
				  all courtrooms, lobbies, public waiting areas and other common areas of Family
				  Court otherwise open to individuals having business before the court.
(b) The general public or any
				  person may be excluded from a courtroom only if the judge presiding in the
				  courtroom determines, on a case-by-case basis based upon supporting evidence,
				  that such exclusion is warranted in that case. In exercising this inherent and
				  statutory discretion, the judge may consider, among other factors, whether:
(1) the person is causing or is
				  likely to cause a disruption in the proceedings;
(2) the presence of the person
				  is objected to by one of the parties, including the attorney for the child, for
				  a compelling reason;
(3) the orderly and sound administration
				  of justice, including the nature of the proceeding, the privacy interests of
				  individuals before the court, and the need for protection of the litigants, in
				  particular, children, from harm, requires that some or all observers be
				  excluded from the courtroom;
(4) less restrictive alternatives to
				  exclusion are unavailable or inappropriate to the circumstances of the
				  particular case.
Whenever the judge exercises discretion to
					 exclude any person or the general public from a proceeding or part of a
					 proceeding in Family Court, the judge shall make findings prior to ordering
					 exclusion.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.5 - Privacy of Family Court records

Current through Register Vol. 46, No.
				  28, July 10, 2024
Subject to limitations and procedures set by
					 statute and case law, the following shall be permitted access to the pleadings,
					 legal papers formally filed in a proceeding, findings, decisions and orders
					 and, subject to the provisions of CPLR 8002, transcribed minutes of any hearing
					 held in the proceeding:
(a) the petitioner, presentment agency
				  and adult respondent in the Family Court proceeding and their
				  attorneys;
(b) when a
				  child is either a party to, or the child's custody may be affected by, the
				  proceeding:
(1) the parents or
				  persons legally responsible for the care of that child and their
				  attorneys;
(2) the
				  guardian, guardian ad litem and attorney for that child;
(3) an authorized representative
				  of the child protective agency involved in the proceeding or the probation
				  service;
(4) an agency
				  to which custody has been granted by an order of the Family Court and its
				  attorney;
(5) an
				  authorized employee or volunteer of a court appointed special advocate program
				  appointed by the Family Court to assist in the child's case in accordance with
				  Part 44 of this Title; and
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.6 - Periodic reports

Current through Register Vol. 46, No. 28, July
				  10, 2024
Reports on forms to be furnished by the Office
					 of Court Administration shall be filed with that office by the Family Court in
					 each county, as follows:
(a) On or before the 20th day of each
				  term, a report shall be filed in the Office of Court Administration for each of
				  the following instances in which an order of disposition was entered in the
				  preceding month:
(1) every
				  proceeding instituted under article 10 of the Family Court Act; and
(2) every proceeding instituted
				  under article 7 of the Family Court Act.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.7a - Electronic transmission of orders of protection

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) Unless the party requesting an order of
				  protection or temporary order of protection states on the record that he or she
				  is making alternative arrangements for service or is delivering the order to
				  the law enforcement agency directly, the Family Court may transmit the order of
				  protection or temporary order of protection, together with any associated
				  papers to be served simultaneously, to such agency by facsimile or other
				  electronic means, as defined in subdivision (f) of rule 2103 of the Civil
				  Practice Law and Rules, so that such agency may provided expedited service in
				  accordance with subdivision (c) of section
				  153-b of the
				  Family Court Act and subdivision (3-a) of section
				  240 of
				  the Domestic Relations Law.
(b)
				  Proof of service must be provided to the court pursuant to subdivision (d) of
				  section
				  153-b of the
				  Family Court Act and subdivision (3-a) of section
				  240 of
				  the Domestic Relations Law. No fees may be charged by the agency for such
				  service. Such transmission shall constitute the filing required by section
				  168 of the
				  Family Court Act.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.7b - Pilot programs for the filing of petitions for temporary orders of protection by electronic means and the issuance of such orders by audio visual means

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) The chief
				  administrator of the courts may establish and implement a plan for one or more
				  pilot programs for the filing of petitions ex parte for temporary orders of
				  protection by electronic means, and for the conduct of proceedings and the
				  issuance of such orders by audio-visual means in order to accommodate litigants
				  for whom attendance at court to file for and obtain emergency relief would
				  constitute an undue hardship, or to accommodate litigants for whom traveling to
				  and appearing in the courthouse to obtain emergency relief creates a risk of
				  harm to such litigant. In developing this plan, the chief administrator shall
				  strive for programs that are regionally diverse, and shall take into
				  consideration the availability of public transportation, population density,
				  and the availability of suitable program facilities.
(b) In planning pilot programs, the chief
				  administrator will consult with one or more local programs providing assistance
				  to victims of domestic violence, the office for the prevention of domestic
				  violence, and attorneys who represent family offense petitioners.
(c) The plan shall include, but not be
				  limited to:
(1) identification of family
				  justice centers or other organizations or appropriate sites outside of the
				  local family court that are equipped with or have access to suitable
				  audio-visual and electronic equipment for participation in a pilot
				  program;
(2) identification of
				  licensed and certified organizations, agencies or entities with advocates for
				  victims of domestic violence who are trained and available to assist persons
				  filing for orders under a pilot program;
(3) assessment of family court and other
				  court system resources;
(4)
				  delineation of procedures for filing of petitions and supporting documents by
				  electronic means, swearing in petitioners and witnesses, preparation of
				  transcriptions of testimony and a record of evidence adduced, and prompt
				  transmission of orders to petitioners;
(5) a timetable for implementation and public
				  notice of pilot programs;
(6) a
				  description of data to be collected to evaluate and improve pilot
				  programs.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.8 - Submission of papers to judge

Current through Register Vol. 46, No.
				  28, July 10, 2024
All papers for signature or consideration of
					 the court shall be presented to the clerk of the court in the appropriate
					 courtroom or clerk's office, except that when the clerk is unavailable or the
					 judge so directs, papers may be submitted to the judge and a copy filed with
					 the clerk at the first available opportunity. All papers for any judge which
					 are filed in the clerk's office shall be promptly delivered to the judge by the
					 clerk. The papers shall be clearly addressed to the judge for whom they are
					 intended and prominently show the nature of the papers, the title and docket
					 number of the proceeding in which they are filed, the judge' s name and the
					 name of the attorney or party submitting them.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.9 - Miscellaneous proceedings

Current through Register Vol. 46, No. 28,
				  July 10, 2024
All proceedings for which the procedure has
					 not been prescribed by provisions of the Family Court Act, the Domestic
					 Relations Law or the Social Services Law, including but not limited to,
					 proceedings involving consent to marry, interstate compact on juveniles and
					 material witnesses, shall be commenced by the filing of a petition and shall
					 require the entry of a written order.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.10 - Notice of appearance

Current through Register Vol. 46, No. 28,
				  July 10, 2024
Each attorney appearing in a proceeding is
					 required to file a written notice of appearance on or before the time of the
					 attorney's first appearance in court or no later than 10 days after appointment
					 or retainer, whichever is sooner. The notice shall contain the attorney's name,
					 office address and telephone number, and the name of the person on whose behalf
					 he or she is appearing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.11 - Service and filing of motion papers

Current through Register Vol. 46, No.
				  28, July 10, 2024
Where motions are required to be on
					 notice:
(a) The motion
				  shall be made returnable at such hour as the assigned judge directs.
(b) At the time of service of
				  the notice of motion, the moving party shall serve copies of all affidavits and
				  briefs upon all of the attorneys for the parties or upon the parties appearing
				  pro se. The answering party shall serve copies of all affidavits and briefs as
				  required by CPLR 2214. Affidavits shall be for a statement of the relevant
				  facts, and briefs shall be for a statement of the relevant law. Unless
				  otherwise directed by the court, answering and reply affidavits and all papers
				  required to be furnished to the court by the Family Court Act or CPLR 2214(c)
				  must be filed no later than the time of argument or submission of the
				  motion.
(c) The
				  assigned judge may determine that any or all motions in that proceeding shall
				  be orally argued and may direct that moving and responding papers shall be
				  filed with the court prior to the time of argument.
(d) Unless oral argument has
				  been requested by a party and permitted by the court, or directed by the court,
				  motion papers received by the clerk of the court on or before the return date
				  shall be deemed submitted as of the return date. A party requesting oral
				  argument shall set forth such request in its notice of motion or on the first
				  page of the answering papers, as the case may be. A party requesting oral
				  argument on a motion brought on by an order to show cause shall do so as soon
				  as practicable before the time the motion is to be heard.
(e) Hearings on motions shall be
				  held when required by statute or ordered by the assigned judge in the judge's
				  discretion.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.12 - Conference

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) In
				  any proceeding, a conference or conferences shall be ordered by the court as
				  required as soon as practicable after the proceeding has been
				  assigned.
(b) The
				  matters which may be considered at such conference may include, but are not
				  limited to::
(1) completion of
				  discovery;
(2) filing
				  of motions;
(3)
				  argument or hearing of motions;
(4) fixing a date for fact-finding and
				  dispositional hearings;
(5) clarification and limitation of
				  issues;
(6) amendment
				  of pleadings or bills of particulars;
(7) admissions of fact;
(8) stipulations as to
				  admissibility of documents;
(9) completion or modification of
				  financial disclosure;
(10) possibilities for settlement;
				  and
(11)
				  identification of expert and fact witnesses.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.13 - Engagement of counsel

Current through Register Vol. 46, No. 28, July
				  10, 2024
No adjournment shall be granted on the ground
					 of engagement of counsel except in accordance with Part 125 of the Rules of the
					 Chief Administrator of the Courts (22 NYCRR Part 125).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.14 - Time limitations for proceedings involving custody or visitation

Current through Register Vol. 46, No. 28, July 10,
				  2024
In any proceeding brought pursuant to section
					 467,
					 651 or
					 652 of the
					 Family Court Act to determine temporary or permanent custody or visitation,
					 once a hearing or trial is commenced, it shall proceed to conclusion within 90
					 days.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.15 - Submission of orders for signature

Current through Register Vol. 46,
				  No. 28, July 10, 2024
Proposed orders, with proof of service on all
					 parties, must be submitted for signature, unless otherwise directed by the
					 court, within 30 days after the signing and filing of the decision directing
					 that the order be settled or submitted. Proposed orders in child protective
					 proceedings and permanency hearing pursuant to articles 10 and 10-A of the
					 Family Court Act, respectively, must be submitted for signature immediately,
					 but in no event later than 14 days of the earlier of the court's oral
					 announcement of its decision or signing and filing of its decision, unless
					 otherwise directed by the court, provided, however, that proposed orders
					 pursuant to section
					 1022 of the
					 Family Court Act must be submitted for signature immediately, but in no event
					 later than the next court date following the removal of the child. Orders in
					 termination of parental rights proceedings pursuant to article 6 of the Family
					 Court Act or section
					 384-b of
					 the Social Services Law shall be settled not more than 14 days after the
					 earlier of the Family Court's oral announcement of its decision or signing and
					 filing of its decision.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.16 - Motion for judicial determination that reasonable efforts are not required for child in foster care

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) This section shall govern any motion
				  for a judicial determination, pursuant to section
				  352.2
				  (2)(c),
				  754
				  (2)(b),
				  1039-b or
				  1052
				  (b) of the Family Court Act or section
				  358-a
				  (3)(b) of the Social Services Law, that
				  reasonable efforts to prevent or eliminate the need for removal of the child
				  from the home or to make it possible to reunify the child with his or her
				  parents are not required.
(b) A motion for such a determination
				  shall be filed in writing on notice to the parties, including the attorney for
				  the child, on the form officially promulgated by the Chief Administrator of the
				  Courts and set forth in Chapter IV of Subtitle D of this Title and shall
				  contain all information required therein.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.19 - Financial Eligibility for Publicly Funded Counsel

Current
				  through Register Vol. 46, No. 28, July 10, 2024
A person entitled to publicly funded counsel pursuant to
					 section
					 262 of the
					 Family Court Act, section
					 407 of the Surrogate's Court Procedure Act
					 or section
					 35
					 (8) of the Judiciary Law shall be financially
					 eligible for counsel when the person's current available resources are
					 insufficient to pay for a qualified private attorney, the expenses necessary
					 for effective representation, and the reasonable living expenses of the person
					 and any dependents in the relevant jurisdiction. Counsel shall be provided
					 unless the person is conclusively ineligible based upon the criteria in this
					 section. The provisions of this section shall be applied uniformly,
					 consistently, and with transparency.
(a) Timely access to counsel.
1). Counsel shall be provided at the first
				  court appearance or immediately following the request for counsel, whichever is
				  earlier. Eligibility determinations shall be made in a timely fashion so that
				  representation by counsel is not delayed.
2). Counsel shall be provided to persons who
				  have not obtained counsel prior to initiation of a proceeding which may result
				  in detention, in removal of children from their care or where there is an
				  unavoidable delay in the eligibility determination, subject to judicial
				  approval once the court proceeding has begun. For timely access to counsel, a
				  person seeking counsel prior to the filing of a petition shall be provided with
				  the contact information of the entity which has the primary responsibility in
				  the jurisdiction for providing representation.
3). A parent or legally responsible person,
				  as defined by law, shall be entitled to and provided with immediate
				  representation by counsel:
(i) upon the filing
				  of a petition or pre-petition request under Article 10 of the Family Court Act
				  for an order for immediate removal of a child or temporary order of
				  protection;
(ii) where the court
				  has received notice of an extra-judicial emergency removal of a child;
				  or
(iii) upon the filing of a
				  petition alleging abuse or neglect against the parent or person legally
				  responsible. In accordance with this entitlement, counsel shall be provided
				  sufficiently in advance of the person's first court appearance, and shall also
				  be provided for parents during a child protective agency investigation,
				  consistent with paragraph (2) of this
				  subdivision.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.20 - Designation of a facility for the questioning of children in custody (juvenile delinquency)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) The district administrative judge in
				  each judicial district outside the City of New York and the administrative
				  judge for the Family Court within the City of New York, or a designee, shall
				  arrange for the inspection of any facility within the judicial district
				  proposed for designation as suitable for the questioning of children pursuant
				  to section
				  305.2 of the
				  Family Court Act, and if found suitable, the district administrative judge or
				  the administrative judge for the Family Court within the City of New York, as
				  appropriate, shall recommend its designation to the Chief Administrator of the
				  Courts.
(b) Every
				  recommendation to the Chief Administrator of the Courts shall include:
(1) the room number or
				  identification, the type of facility in which the room is located, the address
				  and the hours of access;
(2) the name of the police or other law
				  enforcement agency, department of probation, Family Court judge or other
				  interested person or agency which proposed the designation of the particular
				  facility;
(3) a signed
				  and dated copy of the report of inspection of the proposed facility, made at
				  the direction of the district administrative judge or the administrative judge
				  for the Family Court within the City of New York; and
(4) the factors upon which the
				  recommendation is based.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.21 - Authorization to detention agency for release of a child taken into custody before the filing of a petition (juvenile delinquency)

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) When a child is brought to a
				  detention facility prior to the filing of a petition, pursuant to section
				  305.2 of the
				  Family Court Act, the agency responsible for operating the detention facility
				  is authorized to release the child before the filing of a petition when the
				  events that occasioned the taking into custody do not appear to involve
				  allegations that the child committed a delinquent act.
(b) If the events occasioning
				  the taking into custody do appear to involve allegations that the child
				  committed a delinquent act, the agency is authorized to release the child where
				  practicable and issue an appearance ticket in accordance with section
				  307.1 of the
				  Family Court Act, unless special circumstances exist which require the
				  detention of the child, including whether:
(1) there is a substantial probability
				  that the child will not appear or be produced at the appropriate probation
				  service at a specified time and place; or
(2) there is a serious risk that, before
				  the petition is filed, the child may commit an act which, if committed by an
				  adult, would constitute a crime; or
(3) the alleged conduct by the child
				  involved the use or threatened use of violence; or
(4) there is reason to believe
				  that a proceeding to determine whether the child is a juvenile delinquent or
				  juvenile offender is currently pending.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.23 - Duties of the probation service and procedures relating to the adjustment process (juvenile delinquency)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Upon a determination by the probation
				  service that a case is suitable for the adjustment process, it shall include in
				  the process the potential respondent and any other persons listed in section
				  205.22(a) of this
				  Part who wish to participate therein. The probation service shall permit any
				  participant who is represented by a lawyer to be accompanied by the lawyer at
				  any conference.
(b) If
				  an extension of the period of the adjustment process is sought, the probation
				  service shall apply in writing to the court and shall set forth the services
				  rendered to the potential respondent, the date of commencement of those
				  services, the degree of success achieved, the services proposed to be rendered
				  and a statement by the assigned probation officer that, in the judgment of such
				  person, the matter will not be successfully adjusted unless an extension is
				  granted.
(c) The
				  probation service may discontinue the adjustment process if, at any time:
(1) the potential respondent or
				  the person seeking to have a juvenile delinquency petition filed requests that
				  it do so; or
(2) the
				  potential respondent refuses to cooperate with the probation service or any
				  agency to which the potential respondent or a member of his or her family has
				  been referred.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.24 - Terms and conditions of order adjourning a proceeding in contemplation of dismissal in accordance with section 315.3 of the Family Court Act

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) An
				  order adjourning a proceeding in contemplation of dismissal pursuant to section
				  315.3 of the
				  Family Court Act shall be related to the alleged or adjudicated acts or
				  omissions of respondent and shall contain at least one of the following terms
				  and conditions directing the respondent to:
(1) attend school regularly and obey all
				  rules and regulations of the school;
(2) obey all reasonable commands of the
				  parent or other person legally responsible for respondent's care;
(3) avoid injurious or vicious
				  activities;
(4)
				  abstain from associating with named individuals;
(5) abstain from visiting
				  designated places;
(6)
				  abstain from the use of alcoholic beverages, hallucinogenic drugs,
				  habit-forming drugs not lawfully prescribed for the respondent's use, or any
				  other harmful or dangerous substance;
(7) cooperate with a mental health,
				  social services or other appropriate community facility or agency to which the
				  respondent is referred;
(8) restore property taken from the
				  complainant or victim, or replace property taken from the complainant or
				  victim, the cost of said replacement not to exceed $1,500;
(9) repair any damage to, or
				  defacement of, the property of the complainant or victim, the cost of said
				  repair not to exceed $1,500;
(10) cooperate in accepting medical or
				  psychiatric diagnosis and treatment, alcoholism or drug abuse treatment or
				  counseling services and permit an agency delivering that service to furnish the
				  court with information concerning the diagnosis, treatment or
				  counseling;
(11)
				  attend and complete an alcohol awareness program established pursuant to
				  section
				  19.25 of
				  the Mental Hygiene Law;
(12) abstain from disruptive behavior in
				  the home and in the community;
(13) abstain from any act which, if done
				  by an adult, would be an offense; and
(14) comply with such other reasonable
				  terms and conditions as may be permitted by law and as the court shall
				  determine to be necessary or appropriate to ameliorate the conduct which gave
				  rise to the filing of the petition or to prevent placement with the
				  Commissioner of Social Services or the Office of Children and Family
				  Services.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.25 - Terms and conditions of order releasing respondent in accordance with section 320.5 of the Family Court Act

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) An order releasing a respondent at
				  the initial appearance in accordance with section
				  320.5 of the
				  Family Court Act may contain one or more of the following terms and conditions,
				  directing the respondent to:
(1)
				  attend school regularly;
(2) abstain from any act which, if done
				  by an adult, would be an offense;
(3) observe a specified curfew, which
				  must be reasonable in relation to the ends sought to be achieved and narrowly
				  drawn;
(4) participate
				  in a program duly authorized as an alternative to detention; or
(5) comply with such other
				  reasonable terms and conditions as the court shall determine to be necessary or
				  appropriate.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.26 - Procedure when remanded child absconds

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) When a child absconds from a facility
				  to which he or she was duly remanded, written notice of that fact shall be
				  given within 48 hours, by an authorized representative of the facility, to the
				  clerk of the court from which the remand was made. The notice shall state the
				  name of the child, the docket number of the pending proceeding in which the
				  child was remanded, the date on which the child absconded and the efforts made
				  to locate and secure the return of the child. Every order of remand shall
				  include a direction embodying the requirements of this subdivision.
(b) Upon receipt of the written
				  notice of absconding, the clerk shall cause the proceeding to be placed on the
				  court calendar no later than the next court day for such action as the court
				  may deem appropriate, and shall give notice of such court date to the
				  presentment agency and appointed or privately retained counsel for the
				  child.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.27 - Procedure for assignment, in accordance with section 340.2(3) of the Family Court Act, of a proceeding to another judge when the appropriate judge cannot preside

Current through Register Vol. 46, No. 28,
				  July 10, 2024
Except for proceedings transferred in
					 accordance with section
					 302.3
					 (4) of the Family Court Act, when a judge who
					 has presided at the fact-finding hearing, or accepted an admission pursuant to
					 section 321.3 of such act in a juvenile delinquency proceeding, cannot preside
					 at another subsequent hearing, including the dispositional hearing, for the
					 reasons set forth in section 340.2(3), the assignment of the proceeding to
					 another judge of the court shall be made as authorized by the Chief
					 Administrator of the Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.28 - Procedures for compliance with Adoption and Safe Families Act (juvenile delinquency proceeding)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Pre-petition and pretrial detention;
				  required findings. In any case in which detention is ordered by the court
				  pursuant to section
				  307.4 or
				  320.5 of the
				  Family Court Act, the court shall make additional, specific written findings
				  regarding the following issues:
(1) whether the continuation of the
				  respondent in his or her home would be contrary to his or her best interests;
				  and
(2) where
				  appropriate and consistent with the need for protection of the community,
				  whether reasonable efforts were made, prior to the date of the court hearing
				  that resulted in the detention order, to prevent or eliminate the need for
				  removal of the respondent from his or her home, or, if the respondent had been
				  removed from his or her home prior to the initial appearance, where appropriate
				  and consistent with the need for protection of the community, whether
				  reasonable efforts were made to make it possible for the respondent to safely
				  return home.
The court may request the presentment agency
					 and the local probation department to provide information to the court to aid
					 in its determinations and may also consider information provided by the child's
					 attorney.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.29 - Transfers of proceedings for disposition; required documents

Current through Register Vol. 46, No. 28, July 10,
				  2024
Whenever the court makes an order pursuant to
					 section
					 302.3 of the
					 Family Court Act transferring a juvenile delinquency proceeding for disposition
					 to the Family Court in the county where the respondent resides, the clerk of
					 the sending court shall immediately transmit by electronic means all available
					 records concerning the case, including, but not limited to, the petition, order
					 of fact-finding, any reports regarding the respondent contained in the court
					 file, the transcript of the plea allocution by the respondent, the court
					 activity reports and any other orders made by the sending court. Any documents
					 or orders not immediately available for such transmission shall be
					 expeditiously prepared and forwarded by the sending court no later than 48
					 hours from the date of the order of transfer.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.31 - Duties of the probation service and procedures relating to the adjustment process (support)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) If the assistance of the probation
				  service is requested by the person seeking to file a petition for support, and
				  it appears that it may be possible to arrive at a voluntary agreement for
				  support, the adjustment process shall commence within 15 days from the date of
				  request, and shall include the person seeking to file a petition for support,
				  the potential respondent and any other person listed in subdivision (b) of
				  section 205.30 of this Part who wishes to
				  participate therein. The probation service shall permit any participant who is
				  represented by a lawyer to be accompanied at any conference by the lawyer, who
				  shall be identified by the probation officer to the other party, and shall not
				  discourage any person from seeking to file a petition.
(b) If an extension of the
				  period of the adjustment process is sought, the probation service shall apply
				  in writing to the court and shall set forth the services rendered, the date of
				  commencement of those services, the degree of success achieved and the services
				  proposed to be rendered. The application shall set forth the reasons why, in
				  the opinion of the assigned probation officer, additional time is needed to
				  adjust the matter, and shall contain the signed consent of the person seeking
				  to file a petition for support.
(c) The probation service shall
				  discontinue its efforts at adjustment if, at any time:
(1) the person seeking to file a petition
				  for support or the potential respondent requests that it do so; or
(2) it appears to the probation
				  service that there is no reasonable likelihood that a voluntary agreement for
				  support will result.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.32 - Support magistrates

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Qualifications. Support magistrates
				  shall be appointed by the Chief Administrator of the Courts to hear and
				  determine support proceedings in Family Court pursuant to section
				  439 of the
				  Family Court Act. They shall be attorneys admitted to the practice of law in
				  New York for at least five years and shall be knowledgeable with respect to
				  Family Court procedure, family law and Federal and State support law and
				  programs.
(b) Term.
(1) Support magistrates shall be
				  appointed as nonjudicial employees of the Unified Court System on a full-time
				  basis for a term of three years and, in the discretion of the Chief
				  Administrator, may be reappointed for subsequent five-year terms, provided that
				  if the Chief Administrator determines that the employment of a full-time
				  support magistrate is not required in a particular court, the services of a
				  full-time support magistrate may be shared by one or more counties or a support
				  magistrate may be appointed to serve within one or more counties on a part-time
				  basis.
(2) In the
				  discretion of the Chief Administrator, an acting support magistrate may be
				  appointed to serve during a support magistrate's authorized leave of absence.
				  In making such appointment, the provisions for selection of support magistrates
				  set forth in subdivision (c) of this section may be modified by the Chief
				  Administrator as appropriate to the particular circumstances.
(3) A support magistrate shall
				  be subject to removal or other disciplinary action pursuant to the procedure
				  set forth in section
				  25.29(b) of the
				  Rules of the Chief Judge (22 NYCRR 25.29[b]).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.33 - Assignment of support magistrates

Current through Register Vol. 46,
				  No. 28, July 10, 2024
The supervising judge of the Family Court in
					 the county in which the support magistrate will serve, or the deputy
					 administrative judge for the Family Court within the City of New York, if the
					 support magistrate is to serve in New York City, shall assign support
					 magistrates as required by the needs of the courts, in conformance with law and
					 in conformance with section
					 205.3 of this
					 Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.34 - Referrals to support magistrates

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) A summons or warrant in support
				  proceedings shall be made returnable by the clerk of the court before a support
				  magistrate in the first instance, unless otherwise provided by the court. A net
				  worth statement form prescribed by the Chief Administrator shall be appended by
				  the clerk to the summons to be served upon the respondent and shall be given to
				  the petitioner upon the filing of the petition.
(b) Whenever the parties are before a
				  judge of the court when support is an issue, the judge shall make an immediate
				  order, either temporary or permanent, with respect to support. If a temporary
				  order is made, the court shall refer the issues of support to a support
				  magistrate.
(c) The
				  above provisions shall apply to initial determinations of support, subsequent
				  modification or violation proceedings, and support proceedings referred to
				  Family Court by the Supreme Court pursuant to part 6 of article 4 of the Family
				  Court Act.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.35 - Conduct of hearing

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Unless otherwise specified in the
				  order of reference, the support magistrate shall conduct the hearing in the
				  same manner as a court trying an issue without a jury in conformance with the
				  procedures set forth in the Civil Practice Law and Rules and with section
				  205.3 of this Part.
(b) If a full or partial
				  agreement is reached between the parties during the hearing, it shall be placed
				  on the record and, if approved, shall be incorporated into an order, which
				  shall be duly entered.
(c) The support magistrate shall require
				  the exchange and filing of affidavits of financial disclosure.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.36 - Findings of fact; transmission of findings of fact and other information; quarterly reports

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) Findings of fact shall be in writing
				  and shall include, where applicable, the income and expenses of each party, the
				  basis for liability for support and an assessment of the needs of the children.
				  The findings of fact shall be set forth on a form prescribed by the Chief
				  Administrator. A copy of the findings of fact shall accompany the order of
				  support.
(b) At the
				  time of the entry of the order of support, the clerk of the court shall cause a
				  copy of the findings of fact and order of support to be served either in person
				  or by mail upon the parties to the proceeding or their attorneys. When the
				  findings and order are transmitted to a party appearing pro se, they shall be
				  accompanied by information about the objection process, including the
				  requirements for a transcript, the time limitations governing the filing of
				  objections and rebuttals, and the necessity for affidavits of service on the
				  opposing party of all papers filed with the court.
(c) Each support magistrate
				  shall file with the Chief Administrator, in such form as may be required, a
				  quarterly report indicating the matters that have been pending undecided before
				  such hearing examiner for a period of 30 days after final submission, and the
				  reasons therefor.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.37 - Recording of hearings; objections

Current through Register Vol. 46,
				  No. 28, July 10, 2024
(a) Hearings may be recorded
				  mechanically. Any equipment used for such mechanical recording or for the
				  production of such recording shall have the prior approval of the Chief
				  Administrator of the Courts.
(b) Mechanical recordings shall be
				  appropriately and clearly identified with the name of the case, docket number
				  and date of hearing for storage and retrieval with proper precautions taken for
				  security and preservation of confidentiality. Where hearings are recorded
				  mechanically, the clerk of the court shall provide a means for the making of a
				  duplicate recording or for an alternative method for preparation of a
				  transcript where required by a judge reviewing objections to an order of a
				  support magistrate or when requested by a party.
(c) A transcript of the
				  proceeding before the support magistrate shall be prepared where required by
				  the judge to whom objections have been submitted for review, in which event
				  costs of duplication and of transcript preparation shall be borne by the
				  objecting party. Either party may request a duplicate recording or transcript,
				  in which event costs of duplication of the recording or preparation of the
				  transcript shall be borne by the requesting party. A transcript shall bear the
				  certification of the transcriber that the transcript is a true and accurate
				  transcription of the proceeding. A party who is financially unable to pay the
				  cost of the duplicate recording or the preparation of a transcript may seek
				  leave of the court to proceed as a poor person pursuant to article 11 of the
				  Civil Practice Law and Rules.
(d) Objections to the order of the
				  support magistrate and rebuttals thereto shall be accompanied by an affidavit
				  of service on the opposing party.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.38 - Record and report of unexecuted warrants issued pursuant to section 428 of the Family Court Act

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  The clerk of court for the Family Court in each county shall obtain and keep a
				  record of executed warrants issued pursuant to section
				  428 of the
				  Family Court Act.
(b)
				  At the end of each six-month period, on the first of January and on the first
				  of July in each year, a report concerning all unexecuted warrants issued
				  pursuant to section
				  428 of the
				  Family Court Act shall be made and filed with the Office of Court
				  Administration, on a form to be supplied by the Office of Court
				  Administration.