- Consolidated Laws - Family Court
PART 1
APPLICABILITY OF ACT AND CREATION OF COURT
Section 111. Title of act.
112. Applicability.
113. Establishment of court.
114. "Exclusive original jurisdiction".
115. Jurisdiction of family court.
116. Religion of custodial persons and agencies.
117. Parts of court.
118. Seal.
119. Definitions.
120. Expenses of the court.
S 111. Title of act. The title of this act is "the family court act of
the state of New York." It may be cited as "The Family Court Act."
S 112. Applicability. The family court act applies in all counties of
the state of New York.
S 113. Establishment of court. The family court of the state of New
York is established in each county of the state as part of the unified
court system for the state.
S 114. "Exclusive original jurisdiction". When used in this act,
"exclusive original jurisdiction" means that the proceedings over which
the family court is given such jurisdiction must be originated in the
family court in the manner prescribed by this act. The provisions of
this act shall in no way limit or impair the jurisdiction of the supreme
court as set forth in section seven of article six of the constitution
of the state of New York.
S 115. Jurisdiction of family court. (a) The family court has
exclusive original jurisdiction over
(i) abuse and neglect proceedings, as set forth in article ten;
(ii) support proceedings, as set forth in article four;
(iii) proceedings to determine paternity and for the support of
children born out-of-wedlock, as set forth in article five;
(iv) proceedings to permanently terminate parental rights to
guardianship and custody of a child by reason of permanent neglect, as
set forth in part one of article six of this act and paragraph (d) of
subdivision four of section three hundred eighty-four-b of the social
services law, and by reason of mental illness, mental retardation and
severe or repeated child abuse, as set forth in paragraphs (c) and (e)
of subdivision four of section three hundred eighty-four-b of the social
services law;
(v) proceedings concerning whether a person is in need of supervision,
as set forth in article seven; and
(vi) proceedings concerning juvenile delinquency as set forth in
article three.
(b) The family court has such other jurisdiction as is set forth in
this act, including jurisdiction over habeas corpus proceedings and over
applications for support, maintenance, a distribution of marital
property and custody in matrimonial actions when referred to the family
court by the supreme court, conciliation proceedings, and proceedings
concerning physically handicapped and mentally defective or retarded
children.
(c) The family court has such other jurisdiction as is provided by
law, including but not limited to: proceedings concerning adoption and
custody of children, as set forth in parts two and three of article six
of this act; proceedings concerning the uniform interstate family
support act, as set forth in article five-B of this act; proceedings
concerning children in foster care and care and custody of children, as
set forth in sections three hundred fifty-eight-a, three hundred
eighty-four-a and three hundred ninety-two of the social services law;
proceedings concerning guardianship and custody of children by reason of
the death of, or abandonment or surrender by, the parent or parents, as
set forth in sections three hundred eighty-three-c, three hundred
eighty-four and paragraphs (a) and (b) of subdivision four of section
three hundred eighty-four-b of the social services law; proceedings
concerning standby guardianship and guardianship of the person as set
forth in part four of article six of this act and article seventeen of
the surrogate`s court procedure act; and proceedings concerning the
interstate compact on juveniles as set forth in chapter one hundred
fifty-five of the laws of nineteen hundred fifty-five, as amended, the
interstate compact on the placement of children, as set forth in section
three hundred seventy-four-a of the social services law, and the uniform
child custody jurisdiction and enforcement act, as set forth in article
five-A of the domestic relations law.
(d) Notwithstanding subdivisions (a) through (c) of this section,
jurisdiction of the family court and tribal courts of Indian tribes
designated by the Secretary of the Interior over those child custody
proceedings provided for in articles three, seven and ten of this act
and sections three hundred fifty-eight-a, three hundred eighty-four-b
and three hundred ninety-two of the social services law involving Indian
children as defined in subdivision thirty-six of section two of the
social services law shall be subject to the terms and conditions set
forth in applicable sections of title twenty-five of the United States
code; provided that tribal courts of Indian tribes designated as such by
the state of New York shall have jurisdiction over such child custody
proceedings involving Indian children to the same extent as federally
designated Indian tribes upon the approval of the state department of
social services pursuant to section thirty-nine of the social services
law.
(e) The family court has concurrent jurisdiction with the criminal
court over all family offenses as defined in article eight of this act.
(f) The family court has jurisdiction to direct the commencement of
proceedings to suspend the driving privileges, recreational licenses and
permits, and license, permit, registration or authority to practice of
persons who are delinquent in their child or combined child and spousal
support obligations or persons who have failed, after receiving
appropriate notice, to comply with summonses, subpoenas or warrants
relating to paternity and child support proceedings as set forth in
sections four hundred fifty-eight-a, four hundred fifty-eight-b, four
hundred fifty-eight-c, five hundred forty-eight-a, five hundred
forty-eight-b, and five forty-eight-c of this act. Such jurisdiction
shall include jurisdiction over all boards, departments, authorities or
offices of the state for the purposes of implementing such section.
S 116. Religion of custodial persons and agencies. (a) Whenever a
child is remanded or committed by the court to any duly authorized
association, agency, society or institution, other than an institution
supported and controlled by the state or a subdivision thereof, such
commitment must be made, when practicable, to a duly authorized
association, agency, society or institution under the control of persons
of the same religious faith or persuasion as that of the child.
(b) Whenever any child thus committed is placed by any such
association, agency, society or institution in a family, or in the home,
or in the custody, of any person other than that of its natural or
adopted parent or parents, or when so placed or paroled directly by the
court, such placement or parole must, when practicable, be with or in
the custody of a person or persons of the same religious faith or
persuasion as that of the child.
(c) In appointing guardians of children, except guardians ad litem,
and in granting orders of adoption of children, the court must, when
practicable, appoint only as such guardians, and only give custody
through adoption to, persons of the same religious faith or persuasion
as that of the child.
(d) The provisions of paragraphs (a), (b) and (c) of this section
shall be interpreted literally, so as to assure that in the care,
protection, guardianship, discipline or control of any child his
religious faith shall be preserved and protected by the court. But this
section shall not be construed so as to prevent the remanding of a
child, during the pendency of a proceeding, to a place of detention
designated by rules of court nor to the placing of a child in a hospital
or similar institution for necessary treatment.
(e) The words "when practicable" as used in this section shall be
interpreted as being without force or effect if there is a proper or
suitable person of the same religous faith or persuasion as that of the
child available for appointment as guardian, or to be designated as
custodian, or to whom control may be given, or to whom orders of
adoption may be granted; or if there is a duly authorized association,
agency, society or institution under the control of persons of the same
religious faith or persuasion as that of the child, at the time
available and willing to assume the responsibility for the custody of or
control over any such child.
(f) If a child is placed in the custody, or under the supervision or
control, of a person or of persons of a religious faith or persuasion
different from that of the child, or if a guardian of a child is
appointed whose religious faith or persuasion is different from that of
the child, or if orders of adoption are granted to a person or persons
whose religious faith is different from that of the child adopted, or if
a child is remanded or committed to a duly authorized association,
agency, society or institution, or to any other place, which is under
the control of persons of a religious faith or persuasion different from
that of the child, the court shall state or recite the facts which impel
it to make such disposition and such statement shall be made a part of
the minutes of the proceeding.
(g) The provisions of subdivisions (a), (b), (c), (d), (e) and (f) of
this section shall, so far as consistent with the best interests of the
child, and where practicable, be applied so as to give effect to the
religious wishes of the natural mother, if the child is born
out-of-wedlock, or if born in-wedlock, the religious wishes of the
parents of the child, or if only one of the parents of an in-wedlock
child is then living, the religious wishes of the parent then living.
Religious wishes of a parent shall include wishes that the child be
placed in the same religion as the parent or in a different religion
from the parent or with indifference to religion or with religion a
subordinate consideration. Expressed religious wishes of a parent shall
mean those which have been set forth in a writing signed by the parent,
except that, in a non-agency adoption, such writing shall be an
affidavit of the parent. In the absence of expressed religious wishes,
as defined in this subdivision, determination of the religious wishes,
if any, of the parent, shall be made upon the other facts of the
particular case, and, if there is no evidence to the contrary, it shall
be presumed that the parent wishes the child to be reared in the
religion of the parent.
S 117. Parts of court. (a) There is hereby established in the family
court a "child abuse part". Such part shall be held separate from all
other proceedings of the court, and shall have jurisdiction over all
proceedings in the family court involving abused children, and shall be
charged with the immediate protection of these children. All cases
involving abuse shall be originated in or be transferred to this part
from other parts as they are made known to the court unless there is or
was before the court a proceeding involving any members of the same
family or household, in which event the judge who heard said proceeding
may hear the case involving abuse. Consistent with its primary purpose,
nothing in this section is intended to prevent the child abuse part from
hearing other cases.
(b) For every juvenile delinquency proceeding under article three
involving an allegation of an act committed by a person which, if done
by an adult, would be a crime (i) defined in sections 125.27 (murder in
the first degree); 125.25 (murder in the second degree); 135.25
(kidnapping in the first degree); or 150.20 (arson in the first degree)
of the penal law committed by a person thirteen, fourteen or fifteen
years of age; (ii) defined in sections 120.10 (assault in the first
degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the
first degree); 130.50 (sodomy in the first degree); 135.20 (kidnapping
in the second degree), but only where the abduction involved the use or
threat of use of deadly physical force; 150.15 (arson in the second
degree); or 160.15 (robbery in the first degree) of the penal law
committed by a person thirteen, fourteen or fifteen years of age; (iii)
defined in the penal law as an attempt to commit murder in the first or
second degree or kidnapping in the first degree committed by a person
thirteen, fourteen or fifteen years of age; (iv) defined in section
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; subdivision four of
section 265.02 of the penal law, where such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law; or section 265.03 of the penal law,
where such machine gun or such firearm is possessed on school grounds,
as that phrase is defined in subdivision fourteen of section 220.00 of
the penal law committed by a person fourteen or fifteen years of age;
(v) defined in section 120.05 (assault in the second degree) or 160.10
(robbery in the second degree) of the penal law committed by a person
fourteen or fifteen years of age but only where there has been a prior
finding by a court that such person has previously committed an act
which, if committed by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in clause (i), (ii) or (iii) of this subdivision regardless of
the age of such person at the time of the commission of the prior act;
or (vi) other than a misdemeanor, committed by a person at least seven
but less than sixteen years of age, but only where there has been two
prior findings by the court that such person has committed a prior act
which, if committed by an adult would be a felony:
(i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation. All such
proceedings shall be originated in or be transferred to this part from
other parts as they are made known to the court.
(ii) Outside the city of New York, all proceedings involving such an
allegation shall have a hearing preference over every other proceeding
in the court, except proceedings under article ten.
(c) The chief administrator of the courts may establish one or more
separate support parts in each family court for the purpose of
expediting support proceedings instituted pursuant to articles four,
five and five-A of this act or article three-A of the domestic relations
law. Where such separate support parts are established, all such
proceedings shall be originated in or be transferred to this part or
parts as they are made known to the court and shall be heard by hearing
examiners in accordance with section four hundred thirty-nine of this
act.
(d) The appellate division of the supreme court in each department may
provide, in accordance with the standards and policies established by
the administrative board of the judicial conference, that the family
court in counties within its department shall or may be organized into
such other parts, if any, as may be appropriate.
S 118. Seal. The seal of the family court consists of an engraving of
the arms of the state of New York and the words "Family Court of the
State of New York" followed by the name of the county in which the
family court using the seal is located.
S 119. Definitions. When used in this act and unless the specific
context indicates otherwise:
(a) "Duly authorized association, agency, society or institution"
means a society for the prevention of cruelty to children duly
incorporated under the laws of this state; any institution supported or
controlled by the state or by a subdivision thereof; any public welfare
official of this state; or an association, agency, society, or
institution, duly empowered to care for children, which
(i) is incorporated under the laws of this state;
(ii) actually has its place of business or home within the state; and
(iii) is approved, visited, inspected and supervised by the state
department of social services, or which shall submit and consent to the
approval, visitation, inspection and supervision of the department.
(b) "Person legally responsible for the child`s care" includes the
child`s custodian, guardian or any other person responsible for the
child`s care at the relevant time.
(c) The term "infant" or "minor" means a person who has not attained
the age of eighteen years.
S 120. Expenses of the court. (a) All salaries of the judicial and
non-judicial personnel of the court and all other expenses of the court
whatsoever, except as provided in subdivision (b), shall within the city
of New York, be a city charge and in the counties outside the city of
New York, a county charge; provided however, that the final
determination of the itemized estimates of the annual financial needs of
the court shall be made by the appropriate governing bodies of such
counties and the city of New York in the manner provided in article
seven-a of the judiciary law, and section twenty-nine of article six of
the constitution.
(b) Salaries of hearing examiners appointed in proceedings to compel
support pursuant to section four hundred thirty-nine of this act shall
be a state charge payable out of funds appropriated to the office of
court administration for that purpose.
