New York Law

Part 5 - Article 2 - Family Court

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  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
  services.
    (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
  cause shown.
    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
  connection therewith.
    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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