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 205.39 - Authority of probation when there is a failure to obey a lawful order of the court (support)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) The probation service, at the request
				  of the petitioner, is authorized to confer with the respondent and the
				  petitioner whenever any respondent fails to obey a lawful order of the court
				  made under article 4 of the Family Court Act or an order of support made under
				  article 5 of the Family Court Act concerning the existence of the violation,
				  the reason for it and the likelihood that there will be compliance in the
				  future. 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 to enforce
				  compliance.
(b) Before
				  holding any conference pursuant to subdivision (a) of this section:
(1) the probation service shall
				  notify the respondent in writing that:
(i) the probation service is willing to
				  confer with the respondent and must hear from the respondent within seven days
				  if a conference is to be held; and
(ii) the petitioner is entitled to
				  petition the court to enforce compliance with the 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 205.40 - Preliminary probation conferences and procedures upon a referral from Supreme Court (support)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) When an application is referred to
				  the Family Court by the Supreme Court pursuant to part 6 of article 4 of the
				  Family Court Act, the parties may first be referred to the probation service,
				  which shall inform them at the first conference concerning the function and
				  limitations of and the alternatives to the adjustment process in accordance
				  with section
				  205.30(c) of this
				  Part.
(b) The
				  probation service, at the request of either party to the proceeding, shall be
				  available to meet with the parties and other interested persons no later than
				  the next regularly scheduled court day concerning the willingness of the
				  parties to resolve those issues by voluntary agreement. The probation service
				  shall permit any participant who is represented by a lawyer to be accompanied
				  at any preliminary 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.
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 205.41 - Duties of the probation service and procedures relating to the adjustment process upon referral from Supreme Court (support)

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) If the assistance of the
				  probation service is requested by either party to the proceeding, efforts at
				  adjustment shall commence within 15 days from the date of the request and may
				  continue for a period of two months from the date of request. The court may
				  extend the adjustment process for an additional 60 days upon written
				  application containing the consent of the person seeking to file a
				  petition.
(b) 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.
(c) 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 parties and a statement by the
				  probation officer that there is a substantial likelihood that a voluntary
				  agreement would be reached if an extension were granted.
(d) The probation service shall
				  discontinue the adjustment process if, at any time:
(1) either party requests that it do so;
				  or
(2) it appears to
				  the probation service that there is no substantial likelihood that a voluntary
				  agreement 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 205.42 - Submission by support collection units of proposed adjusted orders of support

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) A
				  submission by a support collection unit pursuant to section
				  413 of the
				  Family Court Act for adjustment of a child support order shall include the
				  following, which shall be submitted on forms promulgated by the Chief
				  Administrator of the Courts:
(1)
				  an affidavit from the support collection unit, with findings in support of
				  adjustment;
(2) a
				  proposed adjusted order of support; and
(3) a notice to the parties of the
				  proposed adjusted order and of the rights of the parties, including the
				  addresses of the court and the support collection unit.
The documents set forth in this subdivision
					 shall be filed with the clerk of the court within 10 days of mailing to the
					 parties, together with an affidavit of service of these documents upon the
					 parties.
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 205.43 - Hearings to determine willful nonpayment of child support

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) A petition that alleges a
				  willful violation or seeks enforcement of an order of support shall be
				  scheduled as soon as possible for a first appearance date in Family Court but
				  in no event more than 30 days of the filing of the violation or enforcement
				  petition.
(b) After
				  service is made, the judge or support magistrate must commence a hearing to
				  determine a willful violation within 30 days of the date noticed in the
				  summons. The hearing must be concluded within 60 days of its
				  commencement.
(c)
				  Neither party shall be permitted more than one adjournment to secure counsel,
				  except for good cause shown.
(d) On the scheduled hearing date on the
				  issue of willfulness, the hearing may not be adjourned except for the following
				  reasons:
(1) actual engagement of
				  counsel pursuant to Part 125 of this Title;
(2) illness of a party; or
(3) other good cause shown.
No adjournment shall be in excess of 14
					 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 205.44 - Testimony by telephone, audio-visual or other electronic means in child support and paternity cases

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) This section shall govern
				  applications for testimony to be taken by telephone, audio- visual means or
				  other electronic means in accordance with sections
				  433,
				  531-a and
				  580-316 of
				  the Family Court Act.
(b) A party or witness seeking to testify
				  by telephone, audio-visual means or other electronic means must complete an
				  application 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, except
				  for good cause shown, must file such application with the court not less than
				  three days in advance of the hearing date. The applicant shall attempt to
				  arrange to provide such testimony at a designated tribunal or the child support
				  enforcement agency, as defined in the Federal Social Security Act (42 U.S.C.
				  title IV-D) in that party's state, or county if within the State. The court may
				  permit the testimony to be taken at any suitable location acceptable to the
				  court, including but not limited to, the party's or witness' counsel's office,
				  personal residence or place of business.
(c) The applicant must provide all
				  financial documentation ordered to be disclosed by the court pursuant to
				  section
				  424 or
				  580-316 of
				  the Family Court Act, as applicable, before he or she will be permitted to
				  testify by telephone, audio-visual means or other electronic means. The
				  financial documentation may be provided by personal delivery, mailing,
				  fascimile, telecopier or any other electronic means that is acceptable to the
				  court.
(d) The court
				  shall transmit a copy of its decision by mail, fascimile, telecopier, or
				  electronic means to the applicant and the parties. The court shall state its
				  reasons in writing for denying any request to appear by telephone, audio-visual
				  means or other electronic means.
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 205.48 - Judicial and extra-judicial surrenders; required papers and putative father determination

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) In addition to the judicial or
				  extra-judicial surrender instrument and, if applicable, the post-adoption
				  contact agreement and petition for approval of an extra-judicial surrender, the
				  petitioner shall submit a copy of the child's birth certificate adoption
				  information registry birth parent registration consent form as required by
				  sections
				  383-c and
				  384 of the
				  Social Services Law and subdivision 10 of section
				  4138-c of
				  the Public Health Law.
(b) Where the surrender is by the birth
				  mother:
(1) The petitioner shall
				  also submit:
(i) the response
				  from the putative father registry that is current within 60 days prior to the
				  filing of the surrender proceeding;
(ii) a sworn written statement, if any,
				  by the mother naming the father; and
(iii) a sworn written statement by the
				  caseworker setting forth information regarding any putative father whose
				  consent to adopt is required by section
				  111 of
				  the Domestic Relations Law or who is entitled to notice of an adoption pursuant
				  to section
				  111-a
				  of the Domestic Relations Law.
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 205.49 - Termination of parental rights; required papers; venue; putative father determination

Current through Register Vol. 46, No.
				  28, July 10, 2024
(a) This section shall apply to petitions
				  filed pursuant to part 1 of article 6 of the Family Court Act and section
				  384-b of
				  the Social Services Law.
(b) The petitioner shall submit a copy of
				  the child's birth certificate with the petition.
(c) Where the petition is filed
				  to terminate the birth mother's rights:
(1) The petitioner shall also submit:
(i) the response from the
				  putative father registry that is current within 60 days prior to the filing of
				  the termination of parental rights proceeding;
(ii) a sworn written statement, if any,
				  by the mother naming the father; and
(iii) a sworn written statement by the
				  caseworker setting forth information regarding any putative father who is
				  entitled to notice of the proceeding pursuant to section
				  384-c of
				  the Social Services Law.
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 205.50 - Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) An
				  order suspending judgment entered pursuant to section
				  631 of the
				  Family Court Act or section
				  384-b
				  (8)(c) of the Social Services Law shall be
				  related to the adjudicated acts or omissions of respondent and shall contain at
				  least one of the following terms and conditions requiring respondent to:
(1) sustain communication of a
				  substantial nature with the child by letter or telephone at stated
				  intervals;
(2)
				  maintain consistent contact with the child, including visits or outings at
				  stated intervals;
(3)
				  participate with the authorized agency in developing and effectuating a plan
				  for the future of the child;
(4) cooperate with the authorized
				  agency's court-approved plan for encouraging and strengthening the parental
				  relationship;
(5)
				  contribute toward the cost of maintaining the child if possessed of sufficient
				  means or able to earn such means;
(6) seek to obtain and provide proper
				  housing for the child;
(7) cooperate in seeking to obtain and in
				  accepting medical or psychiatric diagnosis or treatment, alcoholism or drug
				  abuse treatment, employment or family counseling or child guidance, and permit
				  information to be obtained by the court from any person or agency from whom the
				  respondent is receiving or was directed to receive such services; and
(8) satisfy such other
				  reasonable terms and conditions as the court shall determine to be necessary or
				  appropriate to ameliorate the acts or omissions which gave rise to the filing
				  of the petition.
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 205.51 - Proceedings involving custody of a Native American child

Current
				  through Register Vol. 46, No. 28, July 10, 2024
In any proceeding in which the custody of a
					 child is to be determined, the petition shall set forth whether the child is a
					 Native American child subject to the Indian Child Welfare Act of 1978
					 (25 USC
					 1901 -
					 1963) and the court
					 shall proceed further, as appropriate, in accordance with the provisions of
					 that 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 205.52 - Adoption rules; application; timing and venue of filing of petition

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Sections 205.53 through
				  205.55 of this Part shall be
				  applicable to all agency and private- placement adoption proceedings in Family
				  Court.
(b) In any
				  agency adoption, a petition may be filed to adopt a child who is the subject of
				  a termination of parental rights proceeding and whose custody and guardianship
				  has not yet been committed to an authorized agency, provided that:
(1) the adoption petition is
				  filed in the same court where the termination of parental rights proceeding is
				  pending; and
(2) the
				  adoption petition, supporting documents and the fact of their filing shall not
				  be provided to the judge before whom the petition for termination of parental
				  rights is pending until such time as fact-finding is concluded under that
				  petition.
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 205.54 - Investigation by disinterested person; adoption

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) The probation service or an
				  authorized agency or disinterested person is authorized to, and at the request
				  of the court, shall, interview such persons and obtain such data as will aid
				  the court in determining the truth and accuracy of an adoption petition under
				  article 7 of the Domestic Relations Law, including the allegations set forth in
				  the schedule annexed to the petition pursuant to section 112(3) of that law and
				  such other facts as are necessary to a determination of the petition.
(b) The adoptive parent or
				  parents and other persons concerned with the proceeding shall be notified of
				  the date, time and place of any interview by a disinterested person or
				  authorized agency designated by the court in accordance with sections
				  112 and
				  116 of
				  the Domestic Relations Law.
(c) The written report of the
				  investigation conducted pursuant to subdivision (a) of this section shall be
				  submitted to the court within 30 days from the date on which it was ordered, or
				  earlier as the court may direct, unless, for good cause, the court shall grant
				  an extension for a reasonable period of time not to exceed an additional 30
				  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 205.55 - Special applications

Current through Register Vol. 46, No. 28,
				  July 10, 2024
All applications, including applications to
					 dispense with statutorily required personal appearances, the period of
					 residence of a child, or the period of waiting after filing of the adoption
					 petition, shall be made in writing and shall be accompanied by affidavits
					 setting forth the reasons for the application and all facts relevant
					 thereto.
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 205.56 - Investigation by disinterested person; custody; guardianship

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(a) The probation service or an
				  authorized agency or disinterested person is authorized to, and at the request
				  of the court, shall interview such persons and obtain such data as will aid the
				  court in:
(1) determining custody
				  in a proceeding under section
				  467 or
				  651 of the
				  Family Court Act;
(2)
				  exercising its power under section
				  661 of the
				  Family Court Act to appoint a guardian of the person of a minor under the
				  jurisdiction of the court.
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 205.57 - Petition for guardianship by adoptive parent

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) When a petition for
				  temporary guardianship has been filed by an adoptive parent or parents pursuant
				  to section
				  115-c
				  of the Domestic Relations Law, the clerk of the court in which the petition has
				  been filed shall distribute a written notice to the adoptive parents and
				  lawyers who have appeared, and to the Commissioner of Social Services or the
				  Director of the Probation Service, as appropriate, indicating that:
(1) a petition for adoption must
				  be filed in the court in which the application for temporary guardianship has
				  been brought within 45 days from the date of the signing of the consent to the
				  adoption;
(2) any
				  order or decree of temporary guardianship will expire no later than nine months
				  following its issuance or upon the entry of a final order of adoption whichever
				  is sooner, unless, upon application to the court, it is extended for good
				  cause; and
(3) any
				  order or decree of temporary guardianship will terminate upon withdrawal or
				  denial of a petition to adopt the child, unless the court orders a continuation
				  of such order or decree.
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 205.58 - Proceedings for certification as a qualified adoptive parent or parents

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Where the petition in a proceeding for certification as a qualified adoptive
				  parent or parents alleges that petitioner or petitioners will cause a
				  preplacement investigation to be undertaken, the petition shall include the
				  name and address of the disinterested person by whom such investigation will be
				  conducted.
(b) The
				  report of the disinterested person conducting the preplacement investigation
				  shall be filed by such person directly with the court, with a copy of such
				  report delivered simultaneously to the applicant or applicants.
(c) The court shall order a
				  report (1) from the statewide central register of child abuse and maltreatment
				  setting forth whether the child or the petitioner is, or petitioners are, the
				  subject of or another person named in an indicated report, as such terms are
				  defined in section
				  412 of the
				  Social Services Law, filed with such register; and (2) from the New York State
				  Division of Criminal Justice Services setting forth any existing criminal
				  record of such petitioner or petitioners, in accordance with section
				  115-d
				  (3-a) of the Domestic Relations Law;
				  provided, however, that where the petitioner(s) have been fingerprinted
				  pursuant to section
				  378-a of
				  the Social Services Law, the authorized agency in possession of a current
				  criminal history summary report from the New York State Office of Children and
				  Family Services may be requested to provide such report to the court in lieu of
				  a report from the New York State Division of Criminal Justice
				  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 205.59 - Calendaring of proceedings for adoption from an authorized agency

Current through Register Vol. 46, No. 28, July 10,
				  2024
Proceedings for adoption from an authorized
					 agency shall be calendared as follows:
(a) Within 60 days of the filing of the
				  petition and documents specified in section
				  112-a
				  of the Domestic Relations Law, the court shall schedule a review of said
				  petition and documents to take place to determine if there is adequate basis
				  for approving the adoption.
(b) If such basis is found, the court
				  shall schedule the appearance of the adoptive parent(s) and child before the
				  court, for approval of the adoption, within 30 days of the date of the
				  review.
(c) If, upon
				  the court's review, the court finds that there is not an adequate basis for
				  approval of the adoption, the court shall direct such further hearings,
				  submissions or appearances as may be required, and the proceeding shall be
				  adjourned as required for such purposes.
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 205.60 - Designation of a facility for the questioning of children in custody (PINS)

Current through Register Vol. 46, No. 28, July 10,
				  2024
Designation of facilities for the questioning
					 of children pursuant to section
					 724
					 (b)(ii) of the Family Court Act shall be in
					 accordance with section
					 205.20 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 205.61 - Authorization to release a child taken into custody before the filing of a petition (PINS)

Current through Register Vol. 46, No. 28, July
				  10, 2024
When a child is brought to a detention
					 facility pursuant to section
					 724
					 (b)(iii) of the Family Court Act, the
					 administrator responsible for operating the detention facility is authorized,
					 before the filing of a petition, to release the child to the custody of a
					 parent or other relative, guardian or legal custodian when the events that
					 occasioned the taking into custody appear to involve a petition to determine
					 whether the child is a person in need of supervision rather than a petition to
					 determine whether the child is a juvenile delinquent.
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 205.64 - Procedure when remanded child absconds (PINS)

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) When a child absconds from a
				  facility to which he or she was remanded pursuant to section
				  739 of the
				  Family Court Act, 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 secure the return of
				  the child. Every order of remand pursuant to section 739 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
				  petitioner, 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 205.65 - Terms and conditions of order adjourning a proceeding in contemplation of dismissal entered in accordance with section 749(a) of the Family Court Act (PINS)

Current through Register Vol. 46, No. 28, July
				  10, 2024
(a) An order adjourning a proceeding in
				  contemplation of dismissal pursuant to section
				  749
				  (a) of the Family Court Act 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 the 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 or
				  other appropriate community facility to which the respondent is
				  referred;
(8) restore
				  property taken from the petitioner, complainant or victim, or replace property
				  taken from the petitioner, 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 petitioner, 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; or
(13) 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.
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 205.66 - Terms and conditions of order in accordance with section 755 or 757 of the Family Court Act (PINS)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) An order suspending judgment entered
				  pursuant to section
				  755 of the
				  Family Court Act shall be reasonably related to the adjudicated acts or
				  omissions of the 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 the 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 or
				  other appropriate community facility to which the respondent is
				  referred;
(8) make
				  restitution or perform services for the public good;
(9) restore property taken from
				  the petitioner, complainant or victim, or replace property taken from the
				  petitioner, complainant or victim, the cost of said replacement not to exceed
				  $1,000;
(10) repair
				  any damage to, or defacement of, the property of the petitioner, complainant or
				  victim, the cost of said repair not to exceed $1,000;
(11) abstain from disruptive
				  behavior in the home and in the community;
(12) 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;
(13)
				  attend and complete an alcohol awareness program established pursuant to
				  section
				  19.25 of
				  the Mental Hygiene Law;
(14) in the case in which respondent has
				  been adjudicated for acts of willful, malicious, or unlawful damage to real or
				  personal property maintained as a cemetery plot, grave, burial place of other
				  place of internment of human remains, provide restitution by performing
				  services for the maintenance and repair of such property; or
(15) comply with such other
				  reasonable terms and conditions as the court shall determine to be necessary or
				  appropriate to ameliorate the conduct which gave rise to the
				  petition.
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 205.67 - Procedures for compliance with Adoption and Safe Families Act (persons in need of supervision proceeding)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Pretrial detention; required
				  findings. In any case in which detention is ordered by the court pursuant to
				  section
				  728 or
				  739 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) whether
				  reasonable efforts, where appropriate, 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 such court hearing, whether
				  reasonable efforts, where appropriate, were made to make it possible for the
				  respondent to safely return home.
The court may request the petitioner,
					 presentment agency, if any, 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 205.70 - Designation of persons to inform complainant of procedures available for the institution of family offense proceedings

Current through Register
				  Vol. 46, No. 28, July 10, 2024
Pursuant to section
					 812 of the
					 Family Court Act, the following persons are hereby designated to inform any
					 petitioner or complainant seeking to bring a proceeding under article 8 of the
					 Family Court Act of the procedures available for the institution of these
					 proceedings, before such proceeding or action is commenced:
(a) within the City of New York:
(1) the commanding officer of
				  the police precinct wherein the offense is alleged to have occurred;
				  or
(2) any police
				  officer attached to such precinct who is designated by such commanding
				  officer;
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 205.71 - Preliminary probation conferences and procedures (family offenses)

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  Any person seeking to file a family offense petition under article 8 of the
				  Family Court Act may first be referred to the probation service concerning the
				  advisability of filing a petition.
(b) Upon such referral, the probation
				  service shall inform such person:
(1) concerning the procedures available
				  for the institution of family offense proceedings, including the information
				  set forth in subdivision 2 of section
				  812 of the
				  Family Court Act; and
(2) that the person seeking to file a
				  family offense petition is entitled to request that the probation service
				  confer with him or her, the potential respondent and any other interested
				  person concerning the advisability of filing a petition requesting:
(i) an order of
				  protection;
(ii) a
				  temporary order of protection; or
(iii) the use of the court's conciliation
				  procedure.
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 205.72 - Duties of the probation service and procedures relating to the adjustment process (family offenses)

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 family offense petition,
				  the adjustment process shall commence within seven days from the request. 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, with the written
				  consent of the person seeking to file a family offense petition, 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, the services
				  proposed to be rendered and a statement by the assigned probation officer: that
				  there is no imminent risk that, if an extension of the period is granted, the
				  potential respondent will, during the extended period of adjustment, endanger
				  the health or safety of the person seeking to file a family offense petition or
				  any other member of the same family or household, and the facts upon which the
				  opinion is based; and that the matter will not be successfully adjusted unless
				  an extension is granted.
(c) The probation service shall
				  discontinue its efforts at adjustment if, at any time:
(1) the person seeking to file a family
				  offense petition or the potential respondent requests that it do so;
				  or
(2) it appears to
				  the probation service that:
(i)
				  there is no reasonable likelihood that a cessation of the conduct forming the
				  basis of the family offense complaint will result; or
(ii) there is an imminent risk
				  that the potential respondent will inflict or threaten to inflict physical
				  injury upon the person seeking to file a family offense petition or upon any
				  other member of the same family or household; or
(iii) the potential respondent
				  has inflicted or threatened to inflict physical injury on the person seeking to
				  file a family offense petition or any other member of the same family or
				  household since efforts at adjustment began.
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 205.73 - Record and report of unexecuted warrants issued pursuant to section 827 of the Family Court Act (family offenses)

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 unexecuted warrants
				  issued pursuant to section
				  827 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
				  827 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.
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 205.74 - Terms and conditions of order in accordance with sections 841(b)-(e), 842 and 843 of the Family Court Act (family offenses)

Current through
				  Register Vol. 46, No. 28, July 10, 2024
(a) An order suspending judgment
				  entered pursuant to section
				  841
				  (b) of the Family Court Act shall contain at
				  least one of the following terms and conditions directing the respondent to:
(1) stay away from the residence
				  of the person against whom the family offense was committed;
(2) stay away from the place of
				  employment or place of education attended by the person against whom the family
				  offense was committed;
(3) abstain from communicating by any
				  means, including, but not limited to, telephone, letter, e-mail or other
				  electronic means with the person against whom the family offense was
				  committed;
(4) abstain
				  from repeating the conduct adjudicated a family offense at the fact-finding
				  hearing;
(5) cooperate
				  in seeking to obtain and in accepting medical or psychiatric diagnosis and
				  treatment, alcoholism or drug abuse treatment, or employment or counseling or
				  child guidance services, or participate in a batterer's educational program
				  designed to help end violent behavior, and permit information to be obtained by
				  the court from any person or agency from whom the respondent is receiving or
				  was directed to receive such services or participate in such program;
(6) allow medical or psychiatric
				  treatment to be furnished to the person against whom the family offense was
				  committed, or any other named family member or household member who is a
				  dependent of the respondent and whose need for medical or psychiatric treatment
				  was occasioned, in whole or in part, by the conduct adjudicated a family
				  offense;
(7) cooperate
				  with the person against whom the family offense was committed, the head of the
				  household or parent, in maintaining the home or household;
(8) pay restitution in an amount
				  not to exceed $10,000; or
(9) comply with such other reasonable
				  terms and conditions as the court shall deem necessary or appropriate to
				  ameliorate the acts or omissions which gave rise to the filing of the
				  petition.
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 205.80 - Procedure when remanded child absconds (child protective proceeding)

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a)
				  When a child absconds from a shelter or holding facility to which the child was
				  remanded pursuant to section
				  1027
				  (b) or
				  1051
				  (d) of the Family Court Act, written notice
				  of that fact, signed by an authorized representative of the facility, shall be
				  sent within 48 hours 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 secure the return of the child. Every order
				  of remand pursuant to section 1027(b) or 1051(d) shall include a direction
				  embodying the requirement of this subdivision.
(b) Upon receipt of a written notice of
				  absconding, the clerk of the court shall cause the proceeding to be placed on
				  the calendar for the next court day for such action as the court shall deem
				  appropriate, and shall give notice of such court date to the petitioner 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 205.81 - Procedures for compliance with Adoption and Safe Families Act (child protective proceeding)

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Temporary removal; required findings.
				  In any case in which removal of the child is ordered by the court pursuant to
				  part 2 of article 10 of the Family Court Act, the court shall set a date
				  certain for a permanency hearing in accordance with section
				  205.17 of this Part and shall make
				  additional, specific written findings regarding the following issues:
(1) whether the continuation of
				  the child in his or her home would be contrary to his or her best interests;
				  and
(2) whether
				  reasonable efforts, where appropriate, were made, prior to the date of the
				  court hearing that resulted in the removal order, to prevent or eliminate the
				  need for removal of the child from his or her home, and, if the child had been
				  removed from his or her home prior to such court hearing, whether reasonable
				  efforts, where appropriate, were made to make it possible for the child to
				  safely return home. The petitioner shall provide information to the court to
				  aid in its determinations. The court may also consider information provided by
				  respondents, the child's attorney, the non-respondent parent or parents,
				  relatives and other suitable persons.
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 205.82 - Record and report of unexecuted warrants issued pursuant to article 10 of the Family Court Act (child protective proceeding)

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 unexecuted warrants
				  issued pursuant to article 10 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 article 10 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.