New York Law
Family Court Laws
Consolidated Laws of New York
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Part 7 - Article 7 - Family Court
S 771. Discontinuation of treatment by agency or institution. If an
authorized agency in which a person is placed under section seven
hundred fifty-six
(a) discontinues or suspends its work; or
(b) is unwilling to continue to care for the person for the reason
that support by the state of New York or one of its political
subdivisions has been discontinued; or
(c) so fundamentally alters its program that the person can no longer
benefit from it, the person shall be returned by the agency to the court
which entered the order of placement.
S 772. Action on return from agency or institution. If a person is
returned to the court under section seven hundred seventy-one, the court
may make any order that might have been made at the time the order of
placement was made, except that the maximum duration authorized for any
such order shall be decreased by the time spent in placement.
S 773. Petition for transfer for incorrigibility. Any institution,
society or agency in which a person was placed under section seven
hundred fifty-six may petition to the court which made the order of
placement for transfer of that person to a society or agency, governed
or controlled by persons of the same religious faith or persuasion as
that of the child, where practicable, or, if not practicable, to some
other suitable institution, or to some other suitable institution on the
ground that such person
(a) is incorrigible and that his or her presence is seriously
detrimental to the welfare of the applicant institution, society, agency
or other persons in its care, or
(b) after placement by the court was released on parole or probation
from such institution, society or agency and a term or condition of the
release was willfully violated. The petition shall be verified by an
officer of the applicant institution, society or agency and shall
specify the act or acts bringing the person within this section.
S 774. Action on petition for transfer. On receiving a petition under
section seven hundred seventy-three, the court may proceed under
sections seven hundred thirty-seven, seven hundred thirty-eight or seven
hundred thirty-nine with respect to the issuance of a summons or warrant
and sections seven hundred twenty-seven and seven hundred twenty-nine
govern questions of detention and failure to comply with a promise to
appear. Due notice of the petition and a copy of the petition shall also
be served personally or by mail upon the office of the locality
chargeable for the support of the person involved and upon the person
involved and his parents and other persons.
S 775. Order on hearing. (a) After hearing a petition under section
seven hundred seventy-three, the court may:
(i) dismiss the petition;
(ii) grant the petition, making such placement, if the court was
authorized to make such placement upon the original adjudication; or
(iii) terminate the prior order of placement and either discharge the
respondent or place him on probation.
(b) If the court grants the petition and orders placement, the
respondent shall thereupon be transferred to the custody of the person,
agency or institution provided by the court's order.
S 776. Failure to comply with terms and conditions of suspended
judgment. If a respondent is brought before the court for failure to
comply with reasonable terms and conditions of a suspended judgment
issued under this article and if, after hearing, the court is satisfied
by competent proof that the respondent failed to comply with such terms
and conditions, the court may revoke the suspension of judgment and
proceed to make any order that might have been made at the time judgment
was suspended.
S 777. Failure to comply with terms of placement at home. If a person
placed in his own home subject to orders of the court leaves home
without the court's permission, he may be brought before the court and
if, after hearing, the court is satisfied by competent proof that the
respondent left home without just cause, the court may revoke the order
of placement and proceed to make any order that might have been made at
the time the order of placement was made. It may also continue the order
of placement and, on due notice and after hearing, enter an order of
protection for the duration of the placement.
S 778. Failure to comply with terms of placement in authorized agency.
If a person is placed in the custody of a suitable institution in accord
with section seven hundred fifty-six and leaves the institution without
permission of the superintendent or person in charge and without
permission of the court, and if, after hearing, the court is satisfied
by competent proof that the respondent left the institution without just
cause, the court may revoke the order of placement and proceed to make
any order that might have been made at the time the order of placement
was made, or any order authorized under section seven hundred fifty-six.
S 779. Failure to comply with terms of probation. If a respondent is
brought before the court for failure to comply with reasonable terms and
conditions of an order of probation issued under this article and if,
after hearing, the court is satisfied by competent proof that the
respondent without just cause failed to comply with such terms and
conditions, the court may revoke the order of probation and proceed to
make any order that might have been made at the time the order of
probation was entered.
S 779-a. Declaration of delinquency concerning juvenile delinquents
and persons in need of supervision. If, at any time during the period of
a disposition of probation, the court has reasonable cause to believe
the respondent has violated a condition of the disposition, it may
declare the respondent delinquent and file a written declaration of
delinquency. Upon such filing, the respondent shall be declared
delinquent of his disposition of probation and such disposition shall be
tolled. The court then must promptly take reasonable and appropriate
action to cause the respondent to appear before it for the purpose of
enabling the court to make a final determination with respect to the
alleged delinquency. The time for prompt court action shall not be
construed against the probation service when the respondent has
absconded from probation supervision and the respondent's whereabouts
are unknown. The court must be notified promptly of the circumstances of
any such probationers.
S 780. Failure to comply with order of protection. If any person is
brought before the court for failure to comply with the terms and
conditions of an order of protection properly issued under this article
and applicable to him and if, after hearing, the court is satisfied by
competent proof that that person without just cause failed to comply
with such terms and conditions, the court may modify or revoke the order
of protection, or commit said person, if he willfully violated the
order, to jail for a term not to exceed six months, or both. The court
may suspend an order of commitment under this section on condition that
the said person comply with the order of protection.
S 780-a. Firearms; surrender and license suspension, revocation and
ineligibility. Upon the issuance of an order of protection or temporary
order of protection, or upon a violation of such order, the court shall
make a determination regarding the suspension and revocation of a
license to carry, possess, repair or dispose of a firearm or firearms,
ineligibility for such a license and the surrender of firearms in
accordance with section eight hundred forty-two-a of this act.
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