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Part 7 - Article 7 - Family Court

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Part 7

COMPLIANCE WITH ORDERS

Section	Description
771	Discontinuation of treatment by agency or institution.
772	Action on return from agency or institution.
773	Petition for transfer for incorrigibility.
774	Action on petition for transfer.
775	Order on hearing.
776	Failure to comply with terms and conditions of suspended judgment.
777	Failure to comply with terms of placement at home.
778	Failure to comply with terms of placement in authorized agency.
779	Failure to comply with terms of probation.
779-A	Declaration of delinquency concerning juvenile delinquents and persons in need of supervision.
780	Failure to comply with order of protection.
780-A	Firearms; surrender and license suspension, revocation and ineligibility.

  S 771. Discontinuation of treatment by agency or institution.  If an
  authorized agency in which  a  person  is  placed  under  section  seven
  hundred fifty-six
    (a) discontinues or suspends its work; or
    (b)  is  unwilling  to  continue to care for the person for the reason
  that support  by  the  state  of  New  York  or  one  of  its  political
  subdivisions has been discontinued; or
    (c)  so fundamentally alters its program that the person can no longer
  benefit from it, the person shall be returned by the agency to the court
  which entered the order of placement.

  S 772. Action  on return from agency or institution.  If a person is
  returned to the court under section seven hundred seventy-one, the court
  may make any order that might have been made at the time  the  order  of
  placement  was made, except that the maximum duration authorized for any
  such order shall be decreased by the time spent in placement.

  S 773. Petition  for transfer for incorrigibility.  Any institution,
  society or agency in which a  person  was  placed  under  section  seven
  hundred  fifty-six  may  petition  to  the court which made the order of
  placement for transfer of that person to a society or  agency,  governed
  or  controlled  by  persons of the same religious faith or persuasion as
  that of the child, where practicable, or, if not  practicable,  to  some
  other suitable institution, or to some other suitable institution on the
  ground that such person
    (a)  is  incorrigible  and  that  his  or  her  presence  is seriously
  detrimental to the welfare of the applicant institution, society, agency
  or other persons in its care, or
    (b) after placement by the court was released on parole  or  probation
  from  such institution, society or agency and a term or condition of the
  release was willfully violated. The petition shall  be  verified  by  an
  officer  of  the  applicant  institution,  society  or  agency and shall
  specify the act or acts bringing the person within this section.

  S 774. Action on petition for transfer.  On receiving a petition under
  section  seven  hundred  seventy-three,  the  court  may  proceed  under
  sections seven hundred thirty-seven, seven hundred thirty-eight or seven
  hundred thirty-nine with respect to the issuance of a summons or warrant
  and sections seven hundred twenty-seven and  seven  hundred  twenty-nine
  govern  questions  of  detention and failure to comply with a promise to
  appear. Due notice of the petition and a copy of the petition shall also
  be served personally  or  by  mail  upon  the  office  of  the  locality
  chargeable  for  the  support of the person involved and upon the person
  involved and his parents and other persons.

  S 775. Order on hearing.  (a) After hearing a petition under section
  seven hundred seventy-three, the court may:
    (i) dismiss the petition;
    (ii) grant the petition, making  such  placement,  if  the  court  was
  authorized to make such placement upon the original adjudication; or
    (iii)  terminate the prior order of placement and either discharge the
  respondent or place him on probation.
    (b) If the  court  grants  the  petition  and  orders  placement,  the
  respondent  shall thereupon be transferred to the custody of the person,
  agency or institution provided by the court's order.
  
  S 776. Failure  to  comply  with  terms  and conditions of suspended
  judgment.  If a respondent is brought before the court  for  failure  to
  comply  with  reasonable  terms  and  conditions of a suspended judgment
  issued under this article and if, after hearing, the court is  satisfied
  by  competent proof that the respondent failed to comply with such terms
  and conditions, the court may revoke  the  suspension  of  judgment  and
  proceed to make any order that might have been made at the time judgment
  was suspended.
  
  S 777. Failure to comply with terms of placement at home.  If a person
  placed  in  his  own  home  subject  to  orders of the court leaves home
  without the court's permission, he may be brought before the  court  and
  if,  after  hearing,  the court is satisfied by competent proof that the
  respondent left home without just cause, the court may revoke the  order
  of  placement and proceed to make any order that might have been made at
  the time the order of placement was made. It may also continue the order
  of placement and, on due notice and after hearing,  enter  an  order  of
  protection for the duration of the placement.

  S 778. Failure to comply with terms of placement in authorized agency.
  If a person is placed in the custody of a suitable institution in accord
  with  section seven hundred fifty-six and leaves the institution without
  permission of  the  superintendent  or  person  in  charge  and  without
  permission  of  the court, and if, after hearing, the court is satisfied
  by competent proof that the respondent left the institution without just
  cause, the court may revoke the order of placement and proceed  to  make
  any  order  that might have been made at the time the order of placement
  was made, or any order authorized under section seven hundred fifty-six.

  S 779. Failure to comply with terms of probation.  If a respondent is
  brought before the court for failure to comply with reasonable terms and
  conditions of an order of probation issued under this  article  and  if,
  after  hearing,  the  court  is  satisfied  by  competent proof that the
  respondent without just cause failed  to  comply  with  such  terms  and
  conditions,  the  court may revoke the order of probation and proceed to
  make any order that might have been  made  at  the  time  the  order  of
  probation was entered.

  S 779-a. Declaration  of delinquency concerning juvenile delinquents
  and persons in need of supervision. If, at any time during the period of
  a disposition of probation, the court has reasonable  cause  to  believe
  the  respondent  has  violated  a  condition  of the disposition, it may
  declare the respondent delinquent and  file  a  written  declaration  of
  delinquency.    Upon  such  filing,  the  respondent  shall  be declared
  delinquent of his disposition of probation and such disposition shall be
  tolled. The court then must promptly  take  reasonable  and  appropriate
  action  to  cause  the respondent to appear before it for the purpose of
  enabling the court to make a final determination  with  respect  to  the
  alleged  delinquency.  The  time  for  prompt  court action shall not be
  construed  against  the  probation  service  when  the  respondent   has
  absconded  from  probation  supervision and the respondent's whereabouts
  are unknown. The court must be notified promptly of the circumstances of
  any such probationers.

  S 780. Failure to comply with order of protection.  If any person is
  brought before the court for  failure  to  comply  with  the  terms  and
  conditions  of an order of protection properly issued under this article
  and applicable to him and if, after hearing, the court is  satisfied  by
  competent  proof  that  that  person without just cause failed to comply
  with such terms and conditions, the court may modify or revoke the order
  of protection, or commit said  person,  if  he  willfully  violated  the
  order,  to  jail for a term not to exceed six months, or both. The court
  may suspend an order of commitment under this section on condition  that
  the said person comply with the order of protection.

  S 780-a. Firearms;  surrender and license suspension, revocation and
  ineligibility. Upon the issuance of an order of protection or  temporary
  order  of protection, or upon a violation of such order, the court shall
  make a determination  regarding  the  suspension  and  revocation  of  a
  license  to  carry, possess, repair or dispose of a firearm or firearms,
  ineligibility for such a  license  and  the  surrender  of  firearms  in
  accordance with section eight hundred forty-two-a of this act.

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