|Presentation by corporation counsel, county attorney or district attorney.
|Procedure for district attorney presentation.
|Cooperation of officials and organizations.
|Visitation, inspection and supervision by state department of social services or board of social welfare.
S 251. Medical examinations. (a) After the filing of a petition under this act over which the family court appears to have jurisdiction, the court may order any person within its jurisdiction and the parent or other person legally responsible for the care of any child within its jurisdiction to be examined by a physician, psychiatrist or psychologist appointed or designated for that purpose by the court when such an examination will serve the purposes of this act, the court may remand any such person for physical or psychiatric examination to, or direct such person to appear for such examination at: (1) the department of health of the city of New York, if the court is located in a county within the city of New York, or (2) a hospital maintained by the county in which the court is located, if the court is in a county outside the city of New York, or (3) a hospital maintained by the state of New York, or (4) a qualified private institution approved for such purpose by the local social services department. Provided, however, that, outside of the city of New York, if the court shall order a psychiatric examination of any such person, the court may direct the director of an institution in the department of mental hygiene serving the institutional district in which the court is located to cause such examination to be made. Such director shall be afforded an opportunity to be heard before the court makes any such direction. The director may designate a member of the staff of the institution or any psychiatrist in the state to make the examination. The psychiatrist shall forthwith examine such person. The examination may be made in the place where the person may be or the court may remand such person to, or otherwise direct that such person appear at, such institution or to a hospital or other place for such examination. During the time such person is at such institution for examination, the director may administer or cause to be administered to such person such psychiatric, medical or other therapeutic treatment as in the director's discretion should be administered. The chief administrator of the courts shall prescribe the form of an order for examination. Upon completion of the examination, the director shall transmit to the court the report of the psychiatrist who conducted the examination. (b) Except for examinations conducted pursuant to section 322.1 of this act where the family court determines that an inpatient examination is necessary, or those ordered after a fact-finding hearing has been completed under article three or seven of this act and the court determines according to the criteria in subdivision three of section 320.5 or subdivision (a) of section seven hundred thirty-nine of this act that the child should be detained pending disposition, or unless otherwise consented to by the adult to be examined or by the attorney representing the respondent, all examinations pursuant to this section shall be conducted on an outpatient basis. An order for remand after a fact-finding hearing under article three or seven of this act shall include findings on the record supporting the need for examination in a residential facility and a determination that it is the most appropriate facility. Remands for examinations shall be for a period determined by the facility, which shall not exceed thirty days, except that, upon motion by the person detained on its own motion, the court may, for good cause shown, terminate the remand at any time. (c) Nothing in this section shall preclude the issuance of an order by the family court pursuant to section 9.43 of the mental hygiene law for emergency admission for immediate care, observation and treatment of a person before the court or pursuant to section twenty-one hundred twenty of the public health law for commitment for care and maintenance of a person before the court. S 252. Probation service. (a) The family court in each county shall have a probation service. This service may include volunteer probation officers when necessary, provided they have the qualifications required of salaried officers, but no such volunteer probation officer shall be a chief probation officer or receive pay from public funds for his services. (b) The methods, organization, and responsibilities of the probation service shall be defined by rule of court, which shall not be inconsistent with any provision of law. (c) When there is a sufficient number of probation officers of the same religious faith as that of a child to be placed on probation, the child shall be placed on probation with a probation officer of the same religious faith as that of the child. (d) The probation service shall be available to assist the court and participate in all proceedings under this act, including supervision of the family or individual family members pending final disposition of a child protection proceeding under article ten. * S 252-A. Fees. (a) Notwithstanding any other provision of law, every county, including the city of New York, may adopt a local law authorizing its probation department which is ordered to conduct an investigation pursuant to section six hundred fifty-three of this act, to be entitled to a fee of not less than fifty dollars and not more than five hundred dollars from the parties in such proceeding for performing such investigation. Such fee shall be based on the party's ability to pay the fee and the schedule for payment shall be fixed by the court issuing the order for investigation, pursuant to the guidelines issued by the office of probation and correctional alternatives, and may in the discretion of the court be waived when the parties lack sufficient means to pay the fee. The court shall apportion the fee between the parties based upon the respective financial circumstances of the parties and the equities of the case. (b) Fees pursuant to this section shall be paid directly to the local probation department to be retained and utilized for local probation services, and shall not be considered by the office of probation and correctional alternatives when determining state aid pursuant to section two hundred forty-six of the executive law. * NB Expires September 1, 2019 S 253. Auxiliary services. The family court in any county shall have such other auxiliary services as will serve the purposes of this act and as are within its authorized appropriation. S 254. Presentation by corporation counsel, county attorney or district attorney. (a) The family court or the appropriate appellate division of the supreme court may request the corporation counsel of the city of New York or the appropriate county attorney to present the case in support of the petition when, in the opinion of the family court or appellate division such presentation will serve the purposes of the act. When so requested, the corporation counsel or county attorney shall present the case in support of the petition and assist in all stages of the proceedings, including appeals in connection therewith. Nothing herein shall be deemed to affect the provisions of section five hundred thirty-five of this chapter. (b) In all cases involving abuse, the corporation counsel of the city of New York and outside the city of New York, the appropriate district attorney shall be a necessary party to the proceeding. S 254-A. Procedure for district attorney presentation. 1. The county attorney and the district attorney of a county, and the corporation counsel of the city of New York and the district attorney of any county in such city, may enter into an agreement whereby the district attorney shall present the case in support of the petition in which a designated felony act has been alleged. 2. Where such agreement has been entered into, in the case of a respondent who is alleged to have done two or more acts which, if done by an adult, would constitute joinable offenses pursuant to subdivision two of section 200.20 of the criminal procedure law, the district attorney shall present the juvenile delinquency petition with respect to all such acts, notwithstanding less than all of such acts constitute designated felony acts. 3. Where such agreement has been entered into, the district attorney shall also present petitions which have been filed against all respondents who are accused of participating, in concert, in the commission of a designated felony act, notwithstanding less than all of such respondents are charged with having committed a designated felony act. Such petition shall be adjudicated in a single fact-finding hearing, unless the court orders separate fact-finding hearings for good cause shown. 4. When presenting cases the district attorney shall have the same powers under this act as the corporation counsel or county attorney and shall assist in all stages of the proceedings including appeals in connection therewith. 5. Such agreement shall be subject to the approval in the city of New York of its mayor, and outside the city of the respective county executive, if there be one, otherwise, the board of supervisors. 6. The district attorney may elect to present the petition against a respondent, who was the defendant in a criminal proceeding removed to the family court pursuant to article seven hundred twenty-five of the criminal procedure law, when a proceeding under article three is commenced as a result of the order of removal. S 255. Cooperation of officials and organizations. It is hereby made the duty of, and the family court or a judge thereof may order, any state, county, municipal and school district officer and employee to render such assistance and cooperation as shall be within his legal authority, as may be required, to further the objects of this act provided, however, that with respect to a school district an order made pursuant to this section shall be limited to requiring the performance of the duties imposed upon the school district and board of education or trustees thereof pursuant to sections four thousand five, forty-four hundred two and forty-four hundred four of the education law, to review, evaluate, recommend, and determine the appropriate special services or programs necessary to meet the needs of a handicapped child, but shall not require the provisions of a specific special service or program, and such order shall be made only where it appears to the court or judge that adequate administrative procedure to require the performance of such duties is not available. It is hereby made the duty of and the family court or judge thereof may order, any agency or other institution to render such information, assistance and cooperation as shall be within its legal authority concerning a child who is or shall be under its care, treatment, supervision or custody as may be required to further the objects of this act. The court is authorized to seek the cooperation of, and may use, within its authorized appropriation therefor, the services of all societies or organizations, public or private, having for their object the protection or aid of children or families, including family counselling services, to the end that the court may be assisted in every reasonable way to give the children and families within its jurisdiction such care, protection and assistance as will best enhance their welfare. S 256. Visitation, inspection and supervision by state department of social services or board of social welfare. Any child placed or committed under order of the court shall be subject to such visitation, inspection and supervision as the state board of social welfare or department of social services shall provide for or require. Top of Page
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