Family Court Law
New York State Consolidated Laws
A comprehensive on-line digest of NY's FCA code
Part 5 - Article 2 - Family Court
||Presentation by corporation counsel, county attorney or district attorney.
||Procedure for district attorney presentation.
||Cooperation of officials and organizations.
||Visitation, inspection and supervision by state department of social services or board of social welfare.
S 251. Medical examinations. (a) After the filing of a petition under
this act over which the family court appears to have jurisdiction, the
court may order any person within its jurisdiction and the parent or
other person legally responsible for the care of any child within its
jurisdiction to be examined by a physician, psychiatrist or psychologist
appointed or designated for that purpose by the court when such an
examination will serve the purposes of this act, the court may remand
any such person for physical or psychiatric examination to, or direct
such person to appear for such examination at:
(1) the department of health of the city of New York, if the court is
located in a county within the city of New York, or
(2) a hospital maintained by the county in which the court is located,
if the court is in a county outside the city of New York, or
(3) a hospital maintained by the state of New York, or
(4) a qualified private institution approved for such purpose by the
local social services department.
Provided, however, that, outside of the city of New York, if the court
shall order a psychiatric examination of any such person, the court may
direct the director of an institution in the department of mental
hygiene serving the institutional district in which the court is located
to cause such examination to be made. Such director shall be afforded an
opportunity to be heard before the court makes any such direction. The
director may designate a member of the staff of the institution or any
psychiatrist in the state to make the examination. The psychiatrist
shall forthwith examine such person. The examination may be made in the
place where the person may be or the court may remand such person to, or
otherwise direct that such person appear at, such institution or to a
hospital or other place for such examination. During the time such
person is at such institution for examination, the director may
administer or cause to be administered to such person such psychiatric,
medical or other therapeutic treatment as in the director's discretion
should be administered. The chief administrator of the courts shall
prescribe the form of an order for examination. Upon completion of the
examination, the director shall transmit to the court the report of the
psychiatrist who conducted the examination.
(b) Except for examinations conducted pursuant to section 322.1 of
this act where the family court determines that an inpatient examination
is necessary, or those ordered after a fact-finding hearing has been
completed under article three or seven of this act and the court
determines according to the criteria in subdivision three of section
320.5 or subdivision (a) of section seven hundred thirty-nine of this
act that the child should be detained pending disposition, or unless
otherwise consented to by the adult to be examined or by the attorney
representing the respondent, all examinations pursuant to this section
shall be conducted on an outpatient basis. An order for remand after a
fact-finding hearing under article three or seven of this act shall
include findings on the record supporting the need for examination in a
residential facility and a determination that it is the most appropriate
facility. Remands for examinations shall be for a period determined by
the facility, which shall not exceed thirty days, except that, upon
motion by the person detained on its own motion, the court may, for good
cause shown, terminate the remand at any time.
(c) Nothing in this section shall preclude the issuance of an order by
the family court pursuant to section 9.43 of the mental hygiene law for
emergency admission for immediate care, observation and treatment of a
person before the court or pursuant to section twenty-one hundred twenty
of the public health law for commitment for care and maintenance of a
person before the court.
S 252. Probation service. (a) The family court in each county shall
have a probation service. This service may include volunteer probation
officers when necessary, provided they have the qualifications required
of salaried officers, but no such volunteer probation officer shall be a
chief probation officer or receive pay from public funds for his
(b) The methods, organization, and responsibilities of the probation
service shall be defined by rule of court, which shall not be
inconsistent with any provision of law.
(c) When there is a sufficient number of probation officers of the
same religious faith as that of a child to be placed on probation, the
child shall be placed on probation with a probation officer of the same
religious faith as that of the child.
(d) The probation service shall be available to assist the court and
participate in all proceedings under this act, including supervision of
the family or individual family members pending final disposition of a
child protection proceeding under article ten.
* S 252-A. Fees. (a) Notwithstanding any other provision of law, every
county, including the city of New York, may adopt a local law
authorizing its probation department which is ordered to conduct an
investigation pursuant to section six hundred fifty-three of this act,
to be entitled to a fee of not less than fifty dollars and not more than
five hundred dollars from the parties in such proceeding for performing
such investigation. Such fee shall be based on the party's ability to
pay the fee and the schedule for payment shall be fixed by the court
issuing the order for investigation, pursuant to the guidelines issued
by the office of probation and correctional alternatives, and may in the
discretion of the court be waived when the parties lack sufficient means
to pay the fee. The court shall apportion the fee between the parties
based upon the respective financial circumstances of the parties and the
equities of the case.
(b) Fees pursuant to this section shall be paid directly to the local
probation department to be retained and utilized for local probation
services, and shall not be considered by the office of probation and
correctional alternatives when determining state aid pursuant to section
two hundred forty-six of the executive law.
* NB Expires September 1, 2017
S 253. Auxiliary services. The family court in any county shall have
such other auxiliary services as will serve the purposes of this act and
as are within its authorized appropriation.
S 254. Presentation by corporation counsel, county attorney or
district attorney. (a) The family court or the appropriate appellate
division of the supreme court may request the corporation counsel of the
city of New York or the appropriate county attorney to present the case
in support of the petition when, in the opinion of the family court or
appellate division such presentation will serve the purposes of the act.
When so requested, the corporation counsel or county attorney shall
present the case in support of the petition and assist in all stages of
the proceedings, including appeals in connection therewith. Nothing
herein shall be deemed to affect the provisions of section five hundred
thirty-five of this chapter.
(b) In all cases involving abuse, the corporation counsel of the city
of New York and outside the city of New York, the appropriate district
attorney shall be a necessary party to the proceeding.
S 254-A. Procedure for district attorney presentation. 1. The county
attorney and the district attorney of a county, and the corporation
counsel of the city of New York and the district attorney of any county
in such city, may enter into an agreement whereby the district attorney
shall present the case in support of the petition in which a designated
felony act has been alleged.
2. Where such agreement has been entered into, in the case of a
respondent who is alleged to have done two or more acts which, if done
by an adult, would constitute joinable offenses pursuant to subdivision
two of section 200.20 of the criminal procedure law, the district
attorney shall present the juvenile delinquency petition with respect to
all such acts, notwithstanding less than all of such acts constitute
designated felony acts.
3. Where such agreement has been entered into, the district attorney
shall also present petitions which have been filed against all
respondents who are accused of participating, in concert, in the
commission of a designated felony act, notwithstanding less than all of
such respondents are charged with having committed a designated felony
act. Such petition shall be adjudicated in a single fact-finding
hearing, unless the court orders separate fact-finding hearings for good
4. When presenting cases the district attorney shall have the same
powers under this act as the corporation counsel or county attorney and
shall assist in all stages of the proceedings including appeals in
5. Such agreement shall be subject to the approval in the city of New
York of its mayor, and outside the city of the respective county
executive, if there be one, otherwise, the board of supervisors.
6. The district attorney may elect to present the petition against a
respondent, who was the defendant in a criminal proceeding removed to
the family court pursuant to article seven hundred twenty-five of the
criminal procedure law, when a proceeding under article three is
commenced as a result of the order of removal.
S 255. Cooperation of officials and organizations. It is hereby made
the duty of, and the family court or a judge thereof may order, any
state, county, municipal and school district officer and employee to
render such assistance and cooperation as shall be within his legal
authority, as may be required, to further the objects of this act
provided, however, that with respect to a school district an order made
pursuant to this section shall be limited to requiring the performance
of the duties imposed upon the school district and board of education or
trustees thereof pursuant to sections four thousand five, forty-four
hundred two and forty-four hundred four of the education law, to review,
evaluate, recommend, and determine the appropriate special services or
programs necessary to meet the needs of a handicapped child, but shall
not require the provisions of a specific special service or program, and
such order shall be made only where it appears to the court or judge
that adequate administrative procedure to require the performance of
such duties is not available. It is hereby made the duty of and the
family court or judge thereof may order, any agency or other institution
to render such information, assistance and cooperation as shall be
within its legal authority concerning a child who is or shall be under
its care, treatment, supervision or custody as may be required to
further the objects of this act. The court is authorized to seek the
cooperation of, and may use, within its authorized appropriation
therefor, the services of all societies or organizations, public or
private, having for their object the protection or aid of children or
families, including family counselling services, to the end that the
court may be assisted in every reasonable way to give the children and
families within its jurisdiction such care, protection and assistance as
will best enhance their welfare.
S 256. Visitation, inspection and supervision by state department of
social services or board of social welfare. Any child placed or
committed under order of the court shall be subject to such visitation,
inspection and supervision as the state board of social welfare or
department of social services shall provide for or require.
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