- Consolidated Laws - Family Court
PART 3
HEARING
Section 832. Definition of "fact-finding hearing".
833. Definition of "dispositional hearing".
834. Evidence.
835. Sequence of hearings.
836. Adjournments.
838. Petitioner and respondent may have friend or relative
present.
S 832. Definition of "fact-finding hearing". When used in this
article, "fact-finding hearing" means a hearing to determine whether the
allegations of a petition under section eight hundred twenty-one are
supported by a fair preponderance of the evidence.
S 833. Definition of "dispositional hearing". When used in this
article, "dispositional hearing" means in the case of a petition under
this article a hearing to determine what order of disposition should be
made.
S 834. Evidence. Only competent, material and relevant evidence may be
admitted in a fact-finding hearing; only material and relevant evidence
may be admitted in a dispositional hearing.
S 835. Sequence of hearings. (a) Upon completion of the fact-finding
hearing, the dispositional hearing may commence immediately after the
required findings are made.
(b) Reports prepared by the probation service for use by the court at
any time prior to the making of an order of disposition shall be deemed
confidential information furnished to the court which the court in a
proper case may, in its discretion, withhold from or disclose in whole
or in part to the law guardian, counsel, party in interest, or other
appropriate person. Such reports may not be furnished to the court prior
to the completion of a fact-finding hearing, but may be used in a
dispositional hearing.
S 836. Adjournments. (a) The court may adjourn a fact-finding hearing
or a dispositional hearing for good cause shown on its own motion or on
motion of either party.
(b) At the conclusion of a fact-finding hearing and after it has made
findings required before a dispositional hearing may commence, the court
may adjourn the proceedings to enable it to make inquiry into the
surroundings, conditions, and capacities of the persons involved in the
proceedings.
S 838. Petitioner and respondent may have friend or relative present.
Unless the court shall find it undesirable, the petitioner shall be
entitled to a non-witness friend, relative, counselor or social worker
present in the court room. This section does not authorize any such
person to take part in the proceedings. However, at any time during the
proceeding, the court may call such person as a witness and take his or
her testimony. Unless the court shall find it undesirable, the
respondent shall be entitled to a non-witness friend, relative,
counselor or social worker present in the court room in the event such
respondent is not represented by legal counsel. This section does not
authorize any such person to take part in the proceedings. However, at
any time during the proceeding, the court may call such person as a
witness and take his or her testimony.
