- Consolidated Laws - Family Court
PART 1
ADMINISTRATION
Section 211. Administration and operation of family court.
212. Rules of court.
213. Reports to administrative board, legislature and
governor.
214. State administrator to prescribe forms.
215. Continuance in office of non-judicial personnel.
216-a. Clerk of court.
216-b. Petition forms.
216-c. Preparation of petitions.
217. Orders; filing and service.
S 211. Administration and operation of family court. The
administration and operation of the family court shall be in accord with
article seven-a of the judiciary law.
S 212. Rules of court. (a) The administrative board of the judicial
conference shall prepare rules of court when required by this act and
may prepare rules of court when authorized by this act. To the extent
practicable, any rule of court prepared under this act shall apply
uniformly throughout the state of New York.
(b) In exercising its responsibilities under paragraph (a), the
administrative board may designate a committee of judges of the family
court and of such consultants as it deems appropriate to draft rules for
approval by the administrative board.
S 213. Reports to administrative board, legislature and governor. (a)
In addition to any reports required by the administrative board of the
judicial conference under article seven-a of the judiciary law, the
administrative board shall, as soon as practicable, require the family
court in each county to include in its reports to the administrative
board and the administrative board shall include in its annual report to
the legislature information, by county, showing:
(i) the number of children temporarily removed under section one
thousand twenty-two before the filing of a petition, the number of
children temporarily removed without court order under section ten
hundred twenty-four of this act, and the period of time between such
removal and the filing of a petition;
(ii) the number of children temporarily removed under section one
thousand twenty-seven after the filing of a petition and the period of
time that passed after such removal until its termination;
(iii) the number of placements under section one thousand fifty-two by
person, agency or institution in which the placement is made, and the
number of orders extending the period of placement;
(iv) the number of children released and the number detained under
sections seven hundred twenty-eight and 307.4;
(v) the number of alleged juvenile delinquents released and the number
detained under section 320.5 and the number of alleged persons in need
of supervision released and detained under section seven hundred
thirty-nine, and the duration of the detention in both groups;
(vi) the number of adjudicated juvenile delinquents placed under
section 353.3 and the number of adjudicated persons in need of
supervision placed under section seven hundred fifty-six by person,
agency or institution in which the placement is made, and the number of
orders extending the period of placement;
(vii) the number of adjudicated juvenile delinquents put on probation
under section 353.2 and the number of adjudicated persons in need of
supervision put on probation under section seven hundred fifty-seven and
the duration of such probation;
(viii) the number, nature and disposition of cases involving child
abuse under article ten of this act, including total number of new
cases, their nature, whether heard by the child abuse part, the age and
sex of the children involved, the type of petitioner, the number of
children temporarily removed both before and after the filing of a
petition, the length of time and number of adjournments between the
filing of a petition and the fact-finding hearing, the number of cases
that are dismissed, withdrawn, sustained and admitted to, the length of
time and number of adjournments between the fact-finding hearing and the
dispositional hearing, and the final disposition of such cases.
(b) Rules of court shall as soon as practicable implement this section
by prescribing appropriate forms for reports and may require such
additional information as may be appropriate. The administrative board
of the judicial conference may request the state department of
correction and the state department of social welfare to assist it in
the preparation and processing of reports under this section, and those
departments, when so requested, shall render such assistance as is
possible.
S 214. State administrator to prescribe forms. The state administrator
shall promulgate a uniform, statewide petition for adoption and may
prescribe such other forms as may be proper for the efficient and just
administration of this act, including forms for petitions, summons,
warrants, subpoenas, undertakings, and orders authorized by this act.
S 215. Continuance in office of non-judicial personnel. (a) Officers
and employees of the domestic relations court of the city of New York
shall, to the extent practicable, be transferred to the family court in
counties within the city of New York in accord with article seven-a of
the judiciary law. To the extent practicable, those assigned to a
division of the domestic relations court located in a particular county
shall be assigned to the family court in that county.
(b) Officers and employees of the children`s court in each county
outside the city of New York shall, to the extent practicable, be
transferred to the family court in their respective counties in accord
with article seven-a of the judiciary law.
S 216-a. Clerk of court. There shall be a clerk of court for the
family court in each county. The clerk of court shall keep the court
records and seal and have such other responsibilities as may be provided
in accord with article seven-a of the judiciary law.
S 216-b. Petition forms. The clerk of the court shall give petition
forms to any person requesting them.
S 216-c. Preparation of petitions. (a) Whenever a petitioner is not
represented by counsel, any person who assists in the preparation of a
petition shall include all allegations presented by the petitioner.
(b) No clerk of the court or probation officer may prevent any person
who wishes to file a petition from having such petition filed with the
court immediately.
(c) If there is a question regarding whether or not the family court
has jurisdiction of the matter, the petition shall be prepared and the
clerk shall file the petition and refer the petition to the court for
determination of all issues including the jurisdictional question.
(d) This section shall not be applicable to juvenile delinquency
proceedings.
S 217. Orders; filing and service. 1. An order shall be in writing and
signed with the judge`s signature or initials by the judge who made it.
The form of such order shall be promulgated by the chief administrator
of the courts pursuant to section two hundred fourteen of this article.
2. The original of an order of the family court shall be filed with
the clerk of the family court in the county in which the family court
making the order is located.
3. The court shall file or direct the filing of an order within twenty
days of the decision of the court. If the court directs that such order
be settled on notice, such twenty day period shall commence on the date
on which such order is settled.
4. The court shall direct service of a copy of an order in whatever
manner it deems appropriate. If the court makes no direction, the
applicable provisions of the civil practice law and rules shall apply.
Where the clerk of the court is directed to serve such order, the clerk
shall note in the court record the manner and date of service and the
person to whom such order was served.
