- Consolidated Laws - Family Court
PART 8
GENERAL PROVISIONS
Section 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.
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 division 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 state director of probation and correctional
alternatives shall specify the information to be contained in such index
and the organization of such consolidated file.
