New York State Law
Family Court Law
Consolidated Laws of NY's FCA code
Part 8 - Article 3 - Family Court
GENERAL PROVISIONS
| Section | Description |
|---|---|
| 380.1 | Nature and effect of adjudication. |
| 381.1 | Transfer of records and information to institutions and agencies. |
| 381.2 | Use of records in other courts. |
| 381.3 | Use of police records. |
| 385.1 | Reports. |
| 385.2 | Consolidation of records within a city having a population of one million or more. |
S 380.1. Nature and effect of adjudication. 1. No adjudication under this article may be denominated a conviction and no person adjudicated a juvenile delinquent shall be denominated a criminal by reason of such adjudication. 2. No adjudication under this article shall operate as a forfeiture of any right or privilege or disqualify any person from holding any public office or receiving any license granted by public authority. Such adjudication shall not operate as a disqualification of any person to pursue or engage in any lawful activity, occupation, profession or calling. 3. Except where specifically required by statute, no person shall be required to divulge information pertaining to the arrest of the respondent or any subsequent proceeding under this article; provided, however, whenever a person adjudicated a juvenile delinquent has been placed with the office of children and family services pursuant to section 353.3 of this article, and is thereafter enrolled as a student in a public or private elementary or secondary school, the court that has adjudicated such person shall provide notification of such adjudication to the designated educational official of the school in which such person is enrolled as a student. Such notification shall be used by the designated educational official only for purposes related to the execution of the student's educational plan, where applicable, successful school adjustment and reentry into the community. Such notification shall be kept separate and apart from such student's school records and shall be accessible only by the designated educational official. Such notification shall not be part of such student's permanent school record and shall not be appended to or included in any documentation regarding such student and shall be destroyed at such time as such student is no longer enrolled in the school district. At no time shall such notification be used for any purpose other than those specified in this subdivision. 4. Notwithstanding any other provision of law, where a finding of juvenile delinquency has been entered, upon request, the records pertaining to such case shall be made available to the commissioner of mental health or the commissioner of mental retardation and developmental disabilities, as appropriate; the case review panel; and the attorney general pursuant to section 10.05 of the mental hygiene law. S 381.1. Transfer of records and information to institutions and agencies. Whenever a person is placed with an institution suitable for placement of a person adjudicated a juvenile delinquent maintained by the state or any subdivision thereof or to an authorized agency including the division for youth, the family court placing such person shall forthwith transmit a copy of the orders of the family court pursuant to sections 352.1 and 352.2 and of the probation report and all other relevant evaluative records in the possession of the family court and probation department related to such person, including but not limited to any diagnostic, educational, medical, psychological and psychiatric records with respect to such person to such institution or agency, notwithstanding any contrary provision of law. S 381.2. Use of records in other courts. 1. Neither the fact that a person was before the family court under this article for a hearing nor any confession, admission or statement made by him to the court or to any officer thereof in any stage of the proceeding is admissible as evidence against him or his interests in any other court. 2. Notwithstanding the provisions of subdivision one, another court, in imposing sentence upon an adult after conviction may receive and consider the records and information on file with the family court, unless such records and information have been sealed pursuant to section 375.1. S 381.3. Use of police records. 1. All police records relating to the arrest and disposition of any person under this article shall be kept in files separate and apart from the arrests of adults and shall be withheld from public inspection. 2. Notwithstanding the provisions of subdivision one, the family court in the county in which the petition was adjudicated may, upon motion and for good cause shown, order such records open: (a) to the respondent or his parent or person responsible for his care; or (b) if the respondent is subsequently convicted of a crime, to a judge of the court in which he was convicted, unless such record has been sealed pursuant to section 375.1. 3. An order issued under subdivision two must be in writing. S 385.1. Reports. 1. In addition to reports filed pursuant to section two hundred thirteen, the chief administrator of the courts shall include in its annual report to the legislature and the governor information, by county, showing the total number of delinquency cases filed under this article, the precise crime or crimes charged in such petitions by penal law section, the number of respondents included in such petitions, the number of cases heard in the designated felony parts, the age of the alleged victim by crime, the length of time and number of adjournments between the filing of a petition and the conclusion of the fact-finding process, the number of cases dismissed by the court, the number withdrawn, the number admitted to in whole or in part, the number of contested fact-finding hearings and their result, the precise crime, if any, found to have been committed, the length of time and number of adjournments between the fact-finding hearing and the conclusion of the dispositional hearing and the final precise disposition of such cases. Designated felony cases shall be separately reported by each event or fact enumerated in this section. Cases removed from criminal courts shall also be separately reported by each event and fact enumerated in this section. 2. The office of probation and correctional alternatives shall include in its annual report to the legislature and the governor information, by county, showing the total number of delinquency cases adjusted prior to filing. S 385.2. Consolidation of records within a city having a population of one million or more. Notwithstanding any other provision of law, in a city having a population of one million or more, an index of the records of the local probation departments located in the counties comprising such city for proceedings under article three shall be consolidated and filed in a central office for use by the family court and local probation service in each such county. After consultation with the state administrative judge, the commissioner of the division of criminal justice services in consultation with the director of the office of probation and correctional alternatives shall specify the information to be contained in such index and the organization of such consolidated file. Top of Page
Index | Article 1 |
Article 2 | Article 3 |
Article 4 | Article 5 |
Article 5A | Article 5B |
Article 6 | Article 7 |
Article 8 | Article 9 |
Article 10 | Article 10A |
Article 10B | Article 10C |
Article 11 | Article 12
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