- Consolidated Laws - Family Court
PART 1
JURISDICTION
Section 711. Purpose.
712. Definitions.
713. Jurisdiction.
714. Determination of age.
716. Substitution of petition.
717. Venue.
718. Return of run away.
S 711. Purpose. The purpose of this article is to provide a due
process of law (a) for considering a claim that a person is in need of
supervision and (b) for devising an appropriate order of disposition for
any person adjudged in need of supervision.
S 712. Definitions. As used in this article, the following terms shall
have the following meanings:
(a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is
incorrigible, ungovernable or habitually disobedient and beyond the
lawful control of a parent or other person legally responsible for such
child`s care, or other lawful authority, or who violates the provisions
of section 221.05 of the penal law.
(b) "Detention". The temporary care and maintenance of children away
from their own homes as defined in section five hundred two of the
executive law.
(c) "Secure detention facility". A facility characterized by
physically restricting construction, hardware and procedures.
(d) "Non-secure detention facility". A facility characterized by the
absence of physically restricting construction, hardware and procedures.
(e) "Fact-finding hearing". A hearing to determine whether the
respondent did the acts alleged to show that he violated a law or is
incorrigible, ungovernable or habitually disobedient and beyond the
control of his parents, guardian or legal custodian.
(f) "Dispositional hearing". A hearing to determine whether the
respondent requires supervision or treatment.
(g) "Aggravated circumstances". The circumstance where a child has
been either severely or repeatedly abused, as defined in subdivision
eight of section three hundred eighty-four-b of the social services law.
(h) "Permanency hearing". A hearing held in accordance with paragraph
(b) of subdivision two of section seven hundred fifty-four or section
seven hundred fifty-six-a of this article for the purpose of reviewing
the foster care status of the respondent and the appropriateness of the
permanency plan developed by the social services official on behalf of
such respondent.
S 713. Jurisdiction. The family court has exclusive original
jurisdiction over any proceeding involving a person alleged to be a
person in need of supervision.
S 714. Determination of age. (a) In determining the jurisdiction of
the court under section seven hundred thirteen the age of the respondent
at the time the need for supervision allegedly arose is controlling.
(b) If the respondent is within the jurisdiction of the court, but the
proceedings were initiated after the respondent`s eighteenth birthday,
the family court shall dismiss a petition to determine whether a person
is in need of supervision.
S 716. Substitution of petition. On its own motion and at any time in
the proceedings, the court may substitute a neglect petition under
article ten for a petition to determine whether a person is in need of
supervision.
S 717. Venue. Proceedings under this article are originated in the
county in which the act or acts referred to in the petition allegedly
occurred. On motion made on behalf of the respondent or by his parent or
other person legally responsible for his care or on the court`s motion,
and for good cause shown, the court may transfer the proceedings to
another county.
S 718. Return of run away.
(a) A peace officer, acting pursuant to such peace officer`s special
duties, or a police officer may return to a parent or other person
legally responsible for such child`s care any child under the age of
eighteen who has run away from home without just cause or who, in the
reasonable conclusion of the officer, appears to have run away from home
without just cause. For purposes of this action, a police officer or
peace officer may reasonably conclude that a child has run away from
home when the child refuses to give his or her name or the name and
address of a parent or other person legally responsible for such child`s
care or when the officer has reason to doubt that the name or address
given are the actual name and address of the parent or other person
legally responsible for the child`s care.
(b) A peace officer, acting pursuant to his special duties, or a
police officer is authorized to take a child who has run away from home
or who, in the reasonable opinion of the officer, appears to have run
away from home, to a facility certified for such purpose by the division
for youth or to a facility approved by the state department of social
services. Any such facility receiving a child shall inform a parent or
other person responsible for such child`s care and the family court of
its action.
(c) If a child placed pursuant to this article in the custody of a
commissioner of social services or an authorized agency shall run away
from the custody of such commissioner or authorized agency, any peace
officer, acting pursuant to his special duties, or police officer may
apprehend, restrain, and return such child to such location as such
commissioner shall direct or to such authorized agency and it shall be
the duty of any such officer to assist any representative of the
commissioner or agency to take into custody any such child upon the
request of such representative.
