New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 8 - Article 3 - Family Court

GENERAL PROVISIONS

Section Description
380.1 Nature and effect of adjudication.
381.1 Transfer of records and information to institutions and agencies.
381.2 Use of records in other courts.
381.3 Use of police records.
385.1 Reports.
385.2 Consolidation of records within a city having a population of one million or more.
  S 380.1. Nature and effect of adjudication. 1. No adjudication under
  this article may be denominated a conviction and no person adjudicated a
  juvenile delinquent shall be denominated a criminal by  reason  of  such
  adjudication.
    2. No adjudication under this article shall operate as a forfeiture of
  any  right or privilege or disqualify any person from holding any public
  office or receiving  any  license  granted  by  public  authority.  Such
  adjudication  shall  not  operate as a disqualification of any person to
  pursue or engage in  any  lawful  activity,  occupation,  profession  or
  calling.
    3.  Except  where specifically required by statute, no person shall be
  required  to  divulge  information  pertaining  to  the  arrest  of  the
  respondent  or  any  subsequent proceeding under this article; provided,
  however, whenever a person adjudicated a juvenile  delinquent  has  been
  placed  with  the  office  of  children  and family services pursuant to
  section 353.3 of this article, and is thereafter enrolled as  a  student
  in  a  public  or private elementary or secondary school, the court that
  has  adjudicated  such  person  shall  provide  notification   of   such
  adjudication  to  the  designated  educational official of the school in
  which such person is enrolled as a student. Such notification  shall  be
  used by the designated educational official only for purposes related to
  the  execution  of  the  student's  educational  plan, where applicable,
  successful school  adjustment  and  reentry  into  the  community.  Such
  notification shall be kept separate and apart from such student's school
  records  and  shall  be  accessible  only  by the designated educational
  official.  Such  notification  shall  not  be  part  of  such  student's
  permanent  school record and shall not be appended to or included in any
  documentation regarding such student and shall be destroyed at such time
  as such student is no longer enrolled in the school district. At no time
  shall such notification  be  used  for  any  purpose  other  than  those
  specified in this subdivision.
    4.  Notwithstanding  any  other  provision  of law, where a finding of
  juvenile  delinquency  has  been  entered,  upon  request,  the  records
  pertaining  to  such case shall be made available to the commissioner of
  mental  health  or  the   commissioner   of   mental   retardation   and
  developmental  disabilities,  as appropriate; the case review panel; and
  the attorney general pursuant to section 10.05  of  the  mental  hygiene
  law.

  S 381.1. Transfer  of  records  and  information to institutions and
  agencies.  Whenever a person is placed with an institution suitable  for
  placement  of  a  person adjudicated a juvenile delinquent maintained by
  the state  or  any  subdivision  thereof  or  to  an  authorized  agency
  including  the  division for youth, the family court placing such person
  shall forthwith transmit a copy  of  the  orders  of  the  family  court
  pursuant to sections 352.1 and 352.2 and of the probation report and all
  other  relevant evaluative records in the possession of the family court
  and probation department related  to  such  person,  including  but  not
  limited  to  any  diagnostic,  educational,  medical,  psychological and
  psychiatric records with respect to such person to such  institution  or
  agency, notwithstanding any contrary provision of law.

  S 381.2. Use  of records in other courts. 1. Neither the fact that a
  person was before the family court under this article for a hearing  nor
  any  confession,  admission  or statement made by him to the court or to
  any officer thereof in any stage of  the  proceeding  is  admissible  as
  evidence against him or his interests in any other court.
    2.  Notwithstanding  the provisions of subdivision one, another court,
  in imposing sentence upon an adult  after  conviction  may  receive  and
  consider  the  records  and  information  on file with the family court,
  unless such records and information have been sealed pursuant to section
  375.1.

  S 381.3. Use of police records. 1. All police records relating to the
  arrest and disposition of any person under this article shall be kept in
  files separate and apart  from  the  arrests  of  adults  and  shall  be
  withheld from public inspection.
    2. Notwithstanding the provisions of subdivision one, the family court
  in the county in which the petition was adjudicated may, upon motion and
  for good cause shown, order such records open:
    (a)  to  the  respondent  or  his parent or person responsible for his
  care; or
    (b) if the respondent is subsequently convicted of a crime, to a judge
  of the court in which he was convicted,  unless  such  record  has  been
  sealed pursuant to section 375.1.
    3. An order issued under subdivision two must be in writing.

  S 385.1. Reports. 1. In addition to reports filed pursuant to section
  two hundred thirteen,  the  chief  administrator  of  the  courts  shall
  include  in  its  annual  report  to  the  legislature  and the governor
  information, by county, showing the total number  of  delinquency  cases
  filed  under  this  article, the precise crime or crimes charged in such
  petitions by penal law section, the number of  respondents  included  in
  such  petitions,  the  number  of  cases  heard in the designated felony
  parts, the age of the alleged victim by crime, the length  of  time  and
  number  of  adjournments  between  the  filing  of  a  petition  and the
  conclusion of the fact-finding process, the number of cases dismissed by
  the court, the number withdrawn, the number admitted to in whole  or  in
  part,  the  number  of contested fact-finding hearings and their result,
  the precise crime, if any, found to have been committed, the  length  of
  time and number of adjournments between the fact-finding hearing and the
  conclusion   of   the   dispositional  hearing  and  the  final  precise
  disposition of such cases. Designated felony cases shall  be  separately
  reported by each event or fact enumerated in this section. Cases removed
  from criminal courts shall also be separately reported by each event and
  fact enumerated in this section.
    2. The office of probation and correctional alternatives shall include
  in its annual report to the legislature and the governor information, by
  county,  showing the total number of delinquency cases adjusted prior to
  filing.

  S 385.2. Consolidation of records within a city having a population of
  one  million  or  more. Notwithstanding any other provision of law, in a
  city having a population of one million or more, an index of the records
  of the local probation departments located in  the  counties  comprising
  such  city for proceedings under article three shall be consolidated and
  filed in a central  office  for  use  by  the  family  court  and  local
  probation service in each such county. After consultation with the state
  administrative  judge,  the  commissioner  of  the  division of criminal
  justice services in consultation with the  director  of  the  office  of
  probation and correctional alternatives shall specify the information to
  be  contained  in  such  index and the organization of such consolidated
  file.

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