New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 5 - Article 7 - Family Court

ORDERS

Section Description
751Order dismissing petition.
752Findings.
754Disposition on adjudication of person in need of supervision.
755Suspended judgment.
756Placement.
756-AExtension of placement.
757Probation.
758-ARestitution.
759Order of protection.
760Duties of counsel.
  S 751. Order  dismissing  petition. If the allegations of a petition
  under this article are not established,  the  court  shall  dismiss  the
  petition.  The court may in its discretion dismiss a petition under this
  article, in the interests of justice where attempts have  been  made  to
  adjust  the  case  as provided for in sections seven hundred thirty-five
  and seven hundred forty-two of this article and  the  probation  service
  has  exhausted  its efforts to successfully adjust such case as a result
  of the petition's  failure  to  provide  reasonable  assistance  to  the
  probation service.

  S 752. Findings.  If the allegations of a petition under this article
  are established in accord with part three,  the  court  shall  enter  an
  order  finding  that  the respondent is a person in need of supervision.
  The order shall state the grounds for the finding  and  the  facts  upon
  which it is based.

  S 754. Disposition on adjudication of person in need of supervision.
  1.  Upon an adjudication of person in need  of  supervision,  the  court
  shall enter an order of disposition:
    (a) Discharging the respondent with warning;
    (b)   Suspending   judgment  in  accord  with  section  seven  hundred
  fifty-five;
    (c) Continuing the proceeding and placing  the  respondent  in  accord
  with  section seven hundred fifty-six; provided, however, that the court
  shall not place the respondent in  accord  with  section  seven  hundred
  fifty-six  where the respondent is sixteen years of age or older, unless
  the court determines and states in its order that special  circumstances
  exist to warrant such placement; or
    (d)  Putting  the respondent on probation in accord with section seven
  hundred fifty-seven.
    The court may order an eligible person to complete an education reform
  program in accordance with section four  hundred  fifty-eight-l  of  the
  social services law, as part of a disposition pursuant to paragraph (a),
  (b) or (d) of this subdivision.
    2.  (a)  The  order shall state the court's reasons for the particular
  disposition. If the court places the child in  accordance  with  section
  seven  hundred  fifty-six  of  this  part,  the court in its order shall
  determine: (i)  whether  continuation  in  the  child's  home  would  be
  contrary  to  the best interest of the child and where appropriate, that
  reasonable efforts were made prior to  the  date  of  the  dispositional
  hearing  held  pursuant to this article to prevent or eliminate the need
  for removal of the child from his or her home  and,  if  the  child  was
  removed  from  his  or  her home prior to the date of such hearing, that
  such removal was in the child's best interest  and,  where  appropriate,
  reasonable efforts were made to make it possible for the child to return
  safely  home. If the court determines that reasonable efforts to prevent
  or eliminate the need for removal of the child from the  home  were  not
  made  but  that  the  lack  of  such  efforts  was appropriate under the
  circumstances, the court order shall include such a finding; and (ii) in
  the case of a child who has attained the age of  sixteen,  the  services
  needed,  if  any, to assist the child to make the transition from foster
  care to  independent  living.  Nothing  in  this  subdivision  shall  be
  construed  to  modify the standards for directing detention set forth in
  section seven hundred thirty-nine of this article.
    (b) For the purpose of this section, reasonable efforts to prevent  or
  eliminate  the need for removing the child from the home of the child or
  to make it possible for the child to return safely to the  home  of  the
  child shall not be required where the court determines that:
    (i)  the  parent  of  such child has subjected the child to aggravated
  circumstances, as defined in subdivision (g) of  section  seven  hundred
  twelve of this article;
    (ii)  the parent of such child has been convicted of (A) murder in the
  first degree as defined in section 125.27 or murder in the second degree
  as defined in section 125.25 of the penal law and the victim was another
  child of the parent; or (B) manslaughter in the first degree as  defined
  in  section  125.20  or  manslaughter in the second degree as defined in
  section 125.15 of the penal law and the victim was another child of  the
  parent,  provided,  however, that the parent must have acted voluntarily
  in committing such crime;
    (iii) the parent of such child has been convicted  of  an  attempt  to
  commit any of the crimes set forth in subparagraphs (i) and (ii) of this
  paragraph,  and  the  victim or intended victim was the child or another
  child of the parent; or has been convicted of criminal  solicitation  as
  defined  in  article  one  hundred, conspiracy as defined in article one
  hundred five or criminal facilitation as defined in article one  hundred
  fifteen  of the penal law for conspiring, soliciting or facilitating any
  of the foregoing crimes, and the victim or intended victim was the child
  or another child of the parent;
    (iv)  the  parent  of  such child has been convicted of assault in the
  second degree as defined in section 120.05, assault in the first  degree
  as  defined  in  section 120.10 or aggravated assault upon a person less
  than eleven years old as defined in section 120.12 of the penal law, and
  the commission of one  of  the  foregoing  crimes  resulted  in  serious
  physical injury to the child or another child of the parent;
    (v)  the  parent  of  such  child  has  been  convicted  in  any other
  jurisdiction of an offense which includes all of the essential  elements
  of  any  crime  specified  in  subparagraph  (ii), (iii) or (iv) of this
  paragraph, and the victim of such offense was the child or another child
  of the parent; or
    (vi) the parental rights of the parent to a sibling of such child have
  been involuntarily terminated;
  unless the court determines that providing reasonable efforts  would  be
  in  the  best  interests  of  the  child, not contrary to the health and
  safety of the child, and would likely result in the reunification of the
  parent and the child in the foreseeable future. The  court  shall  state
  such findings in its order.
    If  the  court  determines  that  reasonable  efforts are not required
  because of one of the grounds set  forth  above,  a  permanency  hearing
  shall  be  held within thirty days of the finding of the court that such
  efforts are not required. At the permanency  hearing,  the  court  shall
  determine  the  appropriateness  of  the permanency plan prepared by the
  social services official which shall include whether and when the child:
  (A) will be returned to the parent; (B) should be  placed  for  adoption
  with  the  social services official filing a petition for termination of
  parental rights; (C) should be  referred  for  legal  guardianship;  (D)
  should  be  placed  permanently  with a fit and willing relative; or (E)
  should be placed in another planned permanent living arrangement if  the
  social services official has documented to the court a compelling reason
  for  determining  that it would not be in the best interest of the child
  to return home, be referred  for  termination  of  parental  rights  and
  placed  for  adoption, placed with a fit and willing relative, or placed
  with a legal guardian. The social  services  official  shall  thereafter
  make  reasonable  efforts  to  place the child in a timely manner and to
  complete  whatever  steps  are  necessary  to  finalize  the   permanent
  placement  of  the child as set forth in the permanency plan approved by
  the court. If reasonable efforts are determined by the court not  to  be
  required  because of one of the grounds set forth in this paragraph, the
  social services official may file a petition for termination of parental
  rights in accordance with section three  hundred  eighty-four-b  of  the
  social services law.
    (c) For the purpose of this section, in determining reasonable efforts
  to  be  made  with  respect  to  a  child, and in making such reasonable
  efforts, the child's health and safety shall be the paramount concern.
    (d) For the purpose  of  this  section,  a  sibling  shall  include  a
  half-sibling.

  S 755. Suspended judgment. (a) Rules of court shall define permissible
  terms  and  conditions of a suspended judgment. The court may order as a
  condition of a suspended judgment restitution  or  services  for  public
  good  pursuant  to section seven hundred fifty-eight-a, and, except when
  the respondent has been  assigned  to  a  facility  in  accordance  with
  subdivision  four  of section five hundred four of the executive law, in
  cases wherein the record indicates that the consumption  of  alcohol  by
  the  respondent may have been a contributing factor, the court may order
  attendance at and completion of an alcohol awareness program established
  pursuant to section 19.25 of the mental hygiene law.
    (b) The maximum duration of any  term  or  condition  of  a  suspended
  judgment  is  one year, unless the court finds at the conclusion of that
  period that exceptional circumstances require an  additional  period  of
  one year.

  S 756. Placement.  (a)  (i)  For  purposes  of section seven hundred
  fifty-four, the court may place the child in its  own  home  or  in  the
  custody  of  a  suitable  relative or other suitable private person or a
  commissioner of social services, subject to the orders of the court.
    (ii) Where the child is placed with  the  commissioner  of  the  local
  social services district, the court may direct the commissioner to place
  the  child  with  an  authorized agency or class of authorized agencies,
  including, if  the  court  finds  that  the  respondent  is  a  sexually
  exploited  child  as  defined in subdivision one of section four hundred
  forty-seven-a of the social services law, an  available  long-term  safe
  house.  Unless  the dispositional order provides otherwise, the court so
  directing shall include one of the following alternatives  to  apply  in
  the event that the commissioner is unable to so place the child:
    (1)  the  commissioner  shall apply to the court for an order to stay,
  modify, set aside, or vacate such directive pursuant to  the  provisions
  of section seven hundred sixty-two or seven hundred sixty-three; or
    (2)  the commissioner shall return the child to the family court for a
  new dispositional hearing and order.
    (b) Placements under this section may be  for  an  initial  period  of
  twelve  months.  The  court  may  extend a placement pursuant to section
  seven hundred fifty-six-a. In its discretion, the  court  may  recommend
  restitution  or  require  services  for  public good pursuant to section
  seven hundred fifty-eight-a in conjunction with an order  of  placement.
  For  the  purposes  of calculating the initial period of placement, such
  placement shall be deemed to have commenced sixty days  after  the  date
  the  child  was  removed  from  his  or  her home in accordance with the
  provisions of this article. If the  respondent  has  been  in  detention
  pending  disposition, the initial period of placement ordered under this
  section shall be credited with and diminished  by  the  amount  of  time
  spent  by  the  respondent in detention prior to the commencement of the
  placement unless the court finds that all or part of such  credit  would
  not serve the best interests of the respondent.
    (c)  A  placement  pursuant  to  this section with the commissioner of
  social services shall not be directed in any detention facility, but the
  court may direct detention pending transfer to  a  placement  authorized
  and  ordered under this section for no more than than fifteen days after
  such order of placement is made. Such  direction  shall  be  subject  to
  extension  pursuant  to  subdivision  three  of  section  three  hundred
  ninety-eight of the social services law, upon written  documentation  to
  the  office of children and family services that the youth is in need of
  specialized treatment or placement  and  the  diligent  efforts  by  the
  commissioner of social services to locate an appropriate placement.
  
  S 756-a. Extension  of placement. (a) In any case in which the child
  has been placed pursuant to section seven hundred fifty-six, the  child,
  the  person  with  whom the child has been placed or the commissioner of
  social services may petition the court to extend  such  placement.  Such
  petition  shall  be filed at least sixty days prior to the expiration of
  the period of placement, except for good cause shown, but  in  no  event
  shall such petition be filed after the original expiration date.
    (b)  The  court shall conduct a permanency hearing concerning the need
  for continuing the placement. The child, the person with whom the  child
  has  been  placed  and  the  commissioner  of  social  services shall be
  notified of such hearing and shall have the right to be heard thereat.
    (c) The provisions of section seven hundred forty-five shall apply  at
  such  permanency  hearing.  If  the  petition is filed within sixty days
  prior to the expiration of the period  of  placement,  the  court  shall
  first  determine  at such permanency hearing whether good cause has been
  shown. If good cause is not shown, the court shall dismiss the petition.
    (d) At the conclusion of the permanency hearing the court may, in  its
  discretion,  order  an  extension of the placement for not more than one
  year. The court must consider and determine in its order:
    (i) where appropriate, that reasonable efforts were made  to  make  it
  possible  for  the  child to safely return to his or her home, or if the
  permanency plan for the child is adoption, guardianship  or  some  other
  permanent living arrangement other than reunification with the parent or
  parents  of  the  child,  reasonable  efforts are being made to make and
  finalize such alternate permanent placement including  consideration  of
  appropriate in-state and out-of-state placements;
    (ii)  in  the case of a child who has attained the age of sixteen, the
  services needed, if any, to assist the child to make the transition from
  foster care to independent living;
    (iii) in the case of a child placed outside New  York  state,  whether
  the  out-of-state  placement continues to be appropriate and in the best
  interests of the child; and
    (iv) whether and when the child: (A) will be returned to  the  parent;
  (B)  should  be  placed  for  adoption with the social services official
  filing a petition for termination of  parental  rights;  (C)  should  be
  referred for legal guardianship; (D) should be placed permanently with a
  fit  and  willing  relative;  or (E) should be placed in another planned
  permanent  living  arrangement  if  the  social  services  official  has
  documented  to  the  court  a  compelling reason for determining that it
  would not be in the best interest  of  the  child  to  return  home,  be
  referred  for  termination  of  parental rights and placed for adoption,
  placed with a fit and willing relative, or placed with a legal guardian;
  and where  the  child  will  not  be  returned  home,  consideration  of
  appropriate in-state and out-of-state placements.
    (d-1)  At  the  permanency  hearing,  the court shall consult with the
  respondent in an age-appropriate manner regarding the permanency plan.
    (e) Pending final determination of a petition to extend such placement
  filed in accordance with the provisions of this section, the court  may,
  on  its  own  motion  or at the request of the petitioner or respondent,
  enter one or more temporary orders extending a period of  placement  not
  to exceed thirty days upon satisfactory proof showing probable cause for
  continuing  such  placement  and that each temporary order is necessary.
  The court may order additional temporary extensions,  not  to  exceed  a
  total  of  fifteen  days, if the court is unable to conclude the hearing
  within the thirty day temporary extension period. In no event shall  the
  aggregate  number  of  days  in extensions granted or ordered under this
  subdivision total more than  forty-five  days.  The  petition  shall  be
  dismissed  if  a decision is not rendered within the period of placement
  or any temporary extension thereof. Notwithstanding any provision of law
  to the contrary, the initial permanency hearing  shall  be  held  within
  twelve  months  of  the  date the child was placed into care pursuant to
  section  seven hundred fifty-six of this article and no later than every
  twelve months thereafter. For the purposes of this section, the date the
  child was placed into care shall be  sixty  days  after  the  child  was
  removed  from  his or her home in accordance with the provisions of this
  section.
    (f) Successive extensions of  placement  under  this  section  may  be
  granted,  but  no  placement may be made or continued beyond the child's
  eighteenth birthday without his or her consent and in no event past  his
  or her twenty-first birthday.
  
  S 757. Probation.  (a) Rules of court shall define permissible terms
  and conditions of probation.
    (b) The maximum period of probation shall not exceed one year. If  the
  court  finds  at  the conclusion of the original period that exceptional
  circumstances require an additional year of  probation,  the  court  may
  continue probation for an additional year.
    (c)  The  court  may  order as a condition of probation restitution or
  services  for  public   good   pursuant   to   section   seven   hundred
  fifty-eight-a.
    (d)  In  cases  wherein  the  record indicates that the consumption of
  alcohol by the respondent may have been a contributing factor, the court
  may order as a condition of probation attendance at and completion of an
  alcohol awareness program established pursuant to section 19.25  of  the
  mental hygiene law.

  S 758-a. Restitution. 1. In cases involving acts of infants over ten
  and less than sixteen years of age, the court may
    (a) recommend as a condition of placement, or order as a condition  of
  probation or suspended judgment, restitution in an amount representing a
  fair  and  reasonable  cost to replace the property or repair the damage
  caused by the infant, not, however, to exceed one thousand  dollars.  In
  the case of a placement, the court may recommend that the infant pay out
  of his or her own funds or earnings the amount of replacement or damage,
  either  in  a  lump  sum  or  in periodic payments in amounts set by the
  agency with which he  is  placed,  and  in  the  case  of  probation  or
  suspended judgment, the court may require that the infant pay out of his
  or her own funds or earnings the amount of replacement or damage, either
  in  a  lump  sum  or  in  periodic payments in amounts set by the court;
  and/or
    (b) order  as  a  condition  of  placement,  probation,  or  suspended
  judgment,  services for the public good including in the case of a crime
  involving willful, malicious, or unlawful damage or destruction to  real
  or personal property maintained as a cemetery plot, grave, burial place,
  or  other  place  of  interment  of  human  remains,  services  for  the
  maintenance and repair thereof, taking into consideration  the  age  and
  physical condition of the infant.
    2.  If  the  court recommends restitution or requires services for the
  public good in conjunction  with  an  order  of  placement  pursuant  to
  section  seven hundred fifty-six, the placement shall be made only to an
  authorized agency which  has  adopted  rules  and  regulations  for  the
  supervision  of  such  a  program,  which rules and regulations shall be
  subject to the approval of the state department of social services. Such
  rules and regulations shall include, but not be  limited  to  provisions
  (i)  assuring  that  the  conditions  of work, including wages, meet the
  standards therefor prescribed pursuant to the labor law; (ii)  affording
  coverage to the child under the workers' compensation law as an employee
  of  such  agency,  department  or  institution;  (iii) assuring that the
  entity receiving such services shall not utilize the same to replace its
  regular employees; and (iv) providing for reports to the court not  less
  frequently than every six months, unless the order provides otherwise.
    3.  If  the court requires restitution or services for the public good
  as a condition of probation or suspended judgment, it shall provide that
  an agency or person supervise the restitution or services and that  such
  agency  or person report to the court not less frequently than every six
  months, unless the order provides otherwise.  Upon  the  written  notice
  sent  by  a  school  district to the court and the appropriate probation
  department or agency which submits probation recommendations or  reports
  to  the  court,  the  court  may provide that such school district shall
  supervise the performance of services for the public good.
    4. The court, upon receipt of the reports provided for in  subdivision
  two or three of this section may, on its own motion or the motion of any
  party  or  the agency, hold a hearing to determine whether the placement
  should be altered or modified.

  S 759.  Order of protection. The court may make an order of protection
  in assistance or as a condition of any order issued under this  article.
  The  order of protection may set forth reasonable conditions of behavior
  to be observed for a specified time by a person who is before the  court
  and is a parent or other person legally responsible for the child's care
  or  the spouse of the parent or other person legally responsible for the
  child's care, or respondent or both. Such an order may require any  such
  person
    (a)  to  stay  away  from  the  home,  school,  business  or  place of
  employment of any other party, the other spouse, the other parent or the
  child, and to stay away from any other specific location  designated  by
  the court;
    (b)  to permit a parent, or a person entitled to visitation by a court
  order or a separation agreement, to visit the child at stated periods;
    (c) to refrain  from  committing  a  family  offense,  as  defined  in
  subdivision  one  of  section  eight  hundred twelve of this act, or any
  criminal offense against the  child  or  against  the  other  parent  or
  against  any  person  to  whom  custody of the child is awarded, or from
  harassing, intimidating or threatening such persons;
    (d) to permit a designated party  to  enter  the  residence  during  a
  specified  period  of time in order to remove personal belongings not in
  issue in this proceeding or in any other proceeding or action under this
  act or the domestic relations law;
    (e) to refrain from acts of commission  or  omission  that  create  an
  unreasonable risk to the health, safety or welfare of a child;
    (f)   to  participate  in  family  counseling  or  other  professional
  counseling activities, or other services, including alternative  dispute
  resolution  services  conducted by an authorized person or an authorized
  agency to which the youth has been referred or placed, deemed  necessary
  for   the  rehabilitation  of  the  youth,  provided  that  such  family
  counseling, other counseling activity or other  necessary  services  are
  not contrary to such person's religious beliefs;
    (g)  to  provide,  either  directly  or by means of medical and health
  insurance, for expenses incurred for medical care and treatment  arising
  from the incident or incidents forming the basis for the issuance of the
  order.
    (h)  1.  to  refrain  from  intentionally injuring or killing, without
  justification, any companion animal the respondent knows  to  be  owned,
  possessed,  leased, kept or held by the person protected by the order or
  a minor child residing in such person's household.
    2. "Companion animal", as used in this section, shall  have  the  same
  meaning  as  in  subdivision  five of section three hundred fifty of the
  agriculture and markets law.
    (i) to observe such other conditions as are necessary to  further  the
  purposes of protection.
    The  court may also award custody of the child, during the term of the
  order of protection to either parent,  or  to  an  appropriate  relative
  within  the second degree. Nothing in this section gives the court power
  to place or board out any child to an institution or agency.  In  making
  orders  of  protection,  the court shall so act as to insure that in the
  care, protection, discipline and guardianship of the child his religious
  faith shall be preserved and protected.
    Notwithstanding the foregoing provisions, an order of  protection,  or
  temporary order of protection where applicable, may be entered against a
  former  spouse  and  persons  who  have a child in common, regardless of
  whether such persons have been married or have  lived  together  at  any
  time,  or against a member of the same family or household as defined in
  subdivision one of section eight hundred twelve of this act.
    In any proceeding pursuant to this article, a court shall not deny  an
  order of protection, or dismiss an application for such an order, solely
  on  the  basis  that  the  acts  or  events  alleged  are not relatively
  contemporaneous with the date of the application or  the  conclusion  of
  the action. The duration of any temporary order shall not by itself be a
  factor in determining the length or issuance of any final order.
    The  protected  party  in  whose  favor  the  order  of  protection or
  temporary order of protection is issued may not be held  to  violate  an
  order  issued  in  his  or  her  favor  nor  may such protected party be
  arrested for violating such order.

  S 760. Duties  of counsel. 1. If the court has entered a dispositional
  order pursuant to section seven hundred fifty-four, it shall be the duty
  of the respondent's counsel to promptly advise such  respondent  and  if
  his or her parent or other person responsible for his or her care is not
  the  petitioner,  such parent or other person responsible for his or her
  care, in writing of the right to appeal  to  the  appropriate  appellate
  division of the supreme court, the time limitations involved, the manner
  of instituting an appeal and obtaining a transcript of the testimony and
  the  right to apply for leave to appeal as a poor person if he or she is
  unable to pay the cost of an appeal. It shall be  the  further  duty  of
  such  counsel  to  explain to the respondent and if his or her parent or
  other person responsible for his or her care is not the petitioner, such
  parent or person responsible for his or her  care,  the  procedures  for
  instituting  an appeal, the possible reasons upon which an appeal may be
  based and the nature and possible consequences of the appellate process.
    2. It shall also be the duty of such counsel to ascertain whether  the
  respondent  wishes to appeal and, if so, to serve and file the necessary
  notice of appeal.
    3. If the respondent has been permitted to waive  the  appointment  of
  counsel  pursuant  to  section two hundred forty-nine-a, it shall be the
  duty of the court to provide the  notice  and  explanation  pursuant  to
  subdivision  one  and, if the respondent indicates that he or she wishes
  to appeal, the clerk of the court shall file and  serve  the  notice  of
  appeal.

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