New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 1 - Article 7 - Family Court

JURISDICTION

Section Description
711Purpose.
712Definitions.
713Jurisdiction.
714Determination of age.
716Substitution of petition.
717Venue.
718Return of run away.
  S 711.  Purpose. The  purpose  of  this  article is to provide a due
  process of law (a) for considering a claim that a person is in  need  of
  supervision and (b) for devising an appropriate order of disposition for
  any person adjudged in need of supervision.

  S 712. Definitions. As used in this article, the following terms shall
  have the following meanings:
    (a) "Person in need of supervision". A person less than eighteen years
  of  age  who does not attend school in accordance with the provisions of
  part  one  of  article  sixty-five  of  the  education  law  or  who  is
  incorrigible,  ungovernable  or  habitually  disobedient  and beyond the
  lawful control of a parent or other person legally responsible for  such
  child's  care, or other lawful authority, or who violates the provisions
  of section 221.05 or 230.00 of the penal law, or who  appears  to  be  a
  sexually  exploited  child  as  defined  in paragraph (a), (c) or (d) of
  subdivision one of section four  hundred  forty-seven-a  of  the  social
  services law, but only if the child consents to the filing of a petition
  under this article.
    (b)  "Detention".  The temporary care and maintenance of children away
  from their own homes as defined in  section  five  hundred  two  of  the
  executive law.
    (c)   "Secure   detention   facility".  A  facility  characterized  by
  physically restricting construction, hardware and procedures.
    (d) "Non-secure detention facility". A facility characterized  by  the
  absence of physically restricting construction, hardware and procedures.
    (e)  "Fact-finding  hearing".  A  hearing  to  determine  whether  the
  respondent did the acts alleged to show that he violated  a  law  or  is
  incorrigible,  ungovernable  or  habitually  disobedient  and beyond the
  control of his parents, guardian or legal custodian.
    (f) "Dispositional  hearing".  A  hearing  to  determine  whether  the
  respondent requires supervision or treatment.
    (g)  "Aggravated  circumstances".  Aggravated circumstances shall have
  the same meaning as the definition of such term in  subdivision  (j)  of
  section one thousand twelve of this act.
    (h)  "Permanency hearing". A hearing held in accordance with paragraph
  (b) of subdivision two of section seven hundred  fifty-four  or  section
  seven  hundred  fifty-six-a of this article for the purpose of reviewing
  the foster care status of the respondent and the appropriateness of  the
  permanency  plan  developed by the social services official on behalf of
  such respondent.
    (i) "Diversion services". Services provided to children  and  families
  pursuant  to  section  seven hundred thirty-five of this article for the
  purpose of avoiding the need to file a petition or direct the  detention
  of  the child. Diversion services shall include: efforts to adjust cases
  pursuant to this article before a petition is filed, or by order of  the
  court, after the petition is filed but before fact-finding is commenced;
  and preventive services provided in accordance with section four hundred
  nine-a  of  the  social services law to avert the placement of the child
  into foster care, including crisis intervention  and  respite  services.
  Diversion  services  may  also  include,  in  cases  where any person is
  seeking to file a petition that alleges that the child has  a  substance
  use  disorder or is in need of immediate detoxification or substance use
  disorder services, an assessment for substance use  disorder;  provided,
  however,  that  notwithstanding  any  other  provision  of  law  to  the
  contrary, the designated lead agency shall not be required  to  pay  for
  all  or  any  portion  of  the costs of such assessment or substance use
  disorder or detoxification  services,  except  in  cases  where  medical
  assistance  for  needy persons may be used to pay for all or any portion
  of the costs of such assessment or services.
    (j) "Substance  use  disorder".  The  misuse  of,  dependence  on,  or
  addiction  to  alcohol  and/or legal or illegal drugs leading to effects
  that are detrimental to the person's physical and mental health  or  the
  welfare of others.
    (k)  "Assessment for substance use disorder". Assessment by a provider
  that has been certified by the office of alcoholism and substance  abuse
  services of a person less than eighteen years of age where it is alleged
  that  the  youth  is suffering from a substance use disorder which could
  make a youth a danger to himself or herself or others.
    (l)  "A  substance  use  disorder which could make a youth a danger to
  himself or  herself  or  others".  A  substance  use  disorder  that  is
  accompanied by the dependence on, or the repeated use or abuse of, drugs
  or  alcohol to the point of intoxication such that the person is in need
  of immediate detoxification or other substance use disorder services.
    (m) "Substance use disorder services". Substance use disorder services
  shall have the same meaning as provided  for  in  section  1.03  of  the
  mental hygiene law.

  S 713. Jurisdiction. (a)  The  family court has exclusive original
  jurisdiction over any proceeding involving a  person  alleged  to  be  a
  person in need of supervision.

  S 714. Determination  of age. (a) In determining the jurisdiction of
  the court under section seven hundred thirteen the age of the respondent
  at the time the need for supervision allegedly arose is controlling.
    (b) If the respondent is within the jurisdiction of the court, but the
  proceedings were initiated after the respondent's  eighteenth  birthday,
  the  family court shall dismiss a petition to determine whether a person
  is in need of supervision.
  
  S 716. Substitution of petition. On its own motion and at any time in
  the proceedings, the court  may  substitute  a  neglect  petition  under
  article  ten  for a petition to determine whether a person is in need of
  supervision.
  
  S 717. Venue.  Proceedings  under this article are originated in the
  county in which the act or acts referred to in  the  petition  allegedly
  occurred. On motion made on behalf of the respondent or by his parent or
  other  person legally responsible for his care or on the court's motion,
  and for good cause shown, the court  may  transfer  the  proceedings  to
  another county.
  
  S 718. Return  of  run away. (a) A peace officer, acting pursuant to
  such peace officer's special duties, or a police officer may return to a
  parent or other person legally responsible for  such  child's  care  any
  child  under the age of eighteen who has run away from home without just
  cause or who, in the reasonable conclusion of the  officer,  appears  to
  have run away from home without just cause. For purposes of this action,
  a  police  officer or peace officer may reasonably conclude that a child
  has run away from home when the child refuses to give his or her name or
  the name and address of a parent or other person legally responsible for
  such child's care or when the officer has reason to doubt that the  name
  or  address given are the actual name and address of the parent or other
  person legally responsible for the child's care.
    (b) A peace officer, acting pursuant to the  peace  officer's  special
  duties,  or  a  police officer is authorized to take a youth who has run
  away from home or who, in the reasonable opinion of the officer, appears
  to have run away from home, to a facility certified or approved for such
  purpose by the office of children and  family  services,  if  the  peace
  officer  or  police officer is unable, or if it is unsafe, to return the
  youth to his or her home or to the custody of his or her parent or other
  person legally responsible for  his  or  her  care.  Any  such  facility
  receiving  a youth shall inform a parent or other person responsible for
  such youth's care.
    (c) If a child placed pursuant to this article in  the  custody  of  a
  commissioner  of  social services or an authorized agency shall run away
  from the custody of such commissioner or authorized  agency,  any  peace
  officer,  acting  pursuant  to his special duties, or police officer may
  apprehend, restrain, and return such child  to  such  location  as  such
  commissioner  shall  direct or to such authorized agency and it shall be
  the duty of any  such  officer  to  assist  any  representative  of  the
  commissioner  or  agency  to  take  into custody any such child upon the
  request of such representative.

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