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Family Court Law

Consolidated Laws of NY's FCA code

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Part 3 - Article 8 - Family Court

HEARING

Section Description
832 Definition of "fact-finding hearing".
833 Definition of "dispositional hearing".
834 Evidence.
835 Sequence of hearings.
836 Adjournments.
838 Petitioner and respondent may have friend or relative present.
  S 832. Definition  of  "fact-finding  hearing".  When  used  in this
  article, "fact-finding hearing" means a hearing to determine whether the
  allegations of a petition under section  eight  hundred  twenty-one  are
  supported by a fair preponderance of the evidence.

  S 833. Definition  of  "dispositional  hearing".  When  used in this
  article, "dispositional hearing" means in the case of a  petition  under
  this  article a hearing to determine what order of disposition should be
  made.

  S 834.  Evidence. Only competent, material and relevant evidence may be
  admitted  in a fact-finding hearing; only material and relevant evidence
  may be admitted in a dispositional hearing.

  S 835. Sequence of hearings. (a) Upon completion of the fact-finding
  hearing, the dispositional hearing may commence  immediately  after  the
  required findings are made.
    (b)  Reports prepared by the probation service for use by the court at
  any time prior to the making of an order of disposition shall be  deemed
  confidential  information  furnished  to  the court which the court in a
  proper case may, in its discretion, withhold from or disclose  in  whole
  or in part to the child's attorney, counsel, party in interest, or other
  appropriate person. Such reports may not be furnished to the court prior
  to  the  completion  of  a  fact-finding  hearing,  but may be used in a
  dispositional hearing.
  
  S 836. Adjournments. (a) The court may adjourn a fact-finding hearing
  or a dispositional hearing for good cause shown on its own motion or  on
  motion of either party.
    (b)  At the conclusion of a fact-finding hearing and after it has made
  findings required before a dispositional hearing may commence, the court
  may adjourn the proceedings to  enable  it  to  make  inquiry  into  the
  surroundings,  conditions, and capacities of the persons involved in the
  proceedings.
  
  S 838. Petitioner and respondent may have friend or relative present.
  Unless the court shall find it  undesirable,  the  petitioner  shall  be
  entitled  to  a non-witness friend, relative, counselor or social worker
  present in the court room. This section  does  not  authorize  any  such
  person  to take part in the proceedings. However, at any time during the
  proceeding, the court may call such person as a witness and take his  or
  her   testimony.  Unless  the  court  shall  find  it  undesirable,  the
  respondent  shall  be  entitled  to  a  non-witness  friend,   relative,
  counselor  or  social worker present in the court room in the event such
  respondent is not represented by legal counsel. This  section  does  not
  authorize  any such person to take part in the proceedings.  However, at
  any time during the proceeding, the court may  call  such  person  as  a
  witness and take his or her testimony.
    
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