(a) Terms of court. A term of court is a four-week session of court, and there shall be 13 terms of court in a year, unless otherwise provided in the annual schedule of terms established by the Chief Administrator of the Courts, which also shall specify the dates of such terms.

(b) Parts of court. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi-judicial officer. There shall be such parts of court, including those mandated by statute, as may be authorized from time to time by the Chief Administrator of the Courts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

(a) General. There shall be established for all proceedings heard in the Family Court an individual assignment system which provides for the continuous supervision of each proceeding by a single judge or, where appropriate, a single hearing examiner. For the purposes of this Part, the word judge shall include a hearing examiner, where appropriate. Except as otherwise may be authorized by the Chief Administrator or by these rules, every proceeding shall be assigned and heard pursuant to the individual assignment system.

(b) Assignments. Proceedings shall be assigned to a judge of the court upon the filing with the court of the first document in the case. Assignments shall be made by the clerk of the court pursuant to a method of random selection authorized by the Chief Administrator. The judge thereby assigned shall be known as the "assigned judge" with respect to that matter and, except as otherwise provided in subdivision (c) of this section or by law, shall conduct all further proceedings therein.

(c) Exceptions.

(1) Where the requirements of matters already assigned to a judge are such as to limit the ability of the judge to handle additional cases, the Chief Administrator may authorize that new assignments to the judge be suspended until the judge is able to handle additional cases.

(2) The Chief Administrator may authorize the establishment in any court of special categories of proceedings for assignment to judges specially assigned to hear such proceedings. Where more than one judge is specially assigned to hear a particular category of proceeding, the assignment of such proceedings to the judges so assigned shall be at random.

(3) Matters requiring immediate disposition may be assigned to a judge designated to hear such matters when the assigned judge is not available.

(4) The Chief Administrator may authorize the transfer of any proceeding and any matter relating to a proceeding from one judge to another in accordance with the needs of the court.

(5) Assignment of cases to judges pursuant to this section shall be consistent with section 205.27 of this Part.

(6) Multiple proceedings involving members of the same family shall be assigned to be heard by a single judge to the extent feasible and appropriate, including, but not limited to, child protective, foster care placement, family offense and custody proceedings.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 5, 2001 eff. Jan. 31, 2001. Added (c)(6).

(a) The Family Court is open to the public. Members of the public, including the news media, shall have access to all courtrooms, lobbies, public waiting areas and other common areas of Family Court otherwise open to individuals having business before the court.

(b) The general public or any person may be excluded from a courtroom only if the judge presiding in the courtroom determines, on a case-by-case basis based upon supporting evidence, that such exclusion is warranted in that case. In exercising this inherent and statutory discretion, the judge may consider, among other factors, whether:

(1) the person is causing or is likely to cause a disruption in the proceedings;

(2) the presence of the person is objected to by one of the parties, including the law guardian, for a compelling reason;

(3) the orderly and sound administration of justice, including the nature of the proceeding, the privacy interests of individuals before the court, and the need for protection of the litigants, in particular, children, from harm, requires that some or all observers be excluded from the courtroom;

(4) less restrictive alternatives to exclusion are unavailable or inappropriate to the circumstances of the particular case.

Whenever the judge exercises discretion to exclude any person or the general public from a proceeding or part of a proceeding in Family Court, the judge shall make findings prior to ordering exclusion.

(c) When necessary to preserve the decorum of the proceedings, the judge shall instruct representatives of the news media and others regarding the permissible use of the courtroom and other facilities of the court, the assignment of seats to representatives of the news media on an equitable basis, and any other matters that may affect the conduct of the proceedings and the well-being and safety of the litigants therein.

(d) Audio-visual coverage of Family Court facilities and proceedings shall be governed by Parts 29 and 131 of this Title.

(e) Nothing in this section shall limit the responsibility and authority of the Chief Administrator of the Courts, or the administrative judges with the approval of the Chief Administrator of the Courts, to formulate and effectuate such reasonable rules and procedures consistent with this section as may be necessary and proper to ensure that the access by the public, including the press, to proceedings in the Family Court shall comport with the security needs of the courthouse, the safety of persons having business before the court and the proper conduct of court business.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Sept. 11, 1989; June 30, 1997 eff. Sept. 2, 1997.

Section 205.05 Privacy of Family Court records.

Subject to limitations and procedures set by statute and case law, the following shall be permitted access to the pleadings, legal papers formally filed in a proceeding, findings, decisions and orders and, subject to the provisions of CPLR 8002, transcribed minutes of any hearing held in the proceeding:

(a) the petitioner, presentment agency and adult respondent in the Family Court proceeding and their attorneys;

(b) when a child is either a party to, or the child's custody may be affected by, the proceeding:

(1) the parents or persons legally responsible for the care of that child and their attorneys;

(2) the guardian, guardian ad litem and law guardian or attorney for that child;

(3) an authorized representative of the child protective agency involved in the proceeding or the probation service;

(4) an agency to which custody has been granted by an order of the Family Court and its attorney; and

(c) a representative of the State Commission on Judicial Conduct, upon application to the appropriate Deputy Chief Administrator, or his or her designee, containing an affirmation that the commission is inquiring into a complaint under article 2-A of the Judiciary Law, and that the inquiry is subject to the confidentiality provisions of said article;

(d) in proceedings under articles 4, 5, 6 and 8 of the Family Court Act in which temporary or final orders of protection have been issued:

(1) where a related criminal action may, but has not yet been commenced, a prosecutor upon affirmation that such records are necessary to conduct an investigation of prosecution; and

(2) where a related criminal action has been commenced, a prosecutor or defense attorney in accordance with procedures set forth in the Criminal Procedure Law provided, however, that prosecutors may request transcripts of Family Court proceedings in accordance with section 815 of the Family Court Act, and provided further that any records or information disclosed pursuant to this subdivision must be retained as confidential and may not be redisclosed except as necessary for such investigation or use in the criminal action; and

(e) another court when necessary for a pending proceeding involving one or more parties or children who are or were the parties in, or subjects of, a proceeding in the Family Court pursuant to article 4, 5, 6, 8 or 10 of the Family Court Act. Only certified copies of pleadings and orders in, as well as information regarding the status of, such Family Court proceeding may be transmitted without court order pursuant to this section. Any information or records disclosed pursuant to this subdivision may not be redisclosed except as necessary to the pending proceeding.

Where the Family Court has authorized that the address of a party or child be kept confidential in accordance with Family Court Act, section 154-b(2), any record or document disclosed pursuant to this section shall have such address redacted or otherwise safeguarded.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Feb. 9, 1993; Jan. 26, 1995; Feb. 5, 2001 eff. Jan. 31, 2001. Added (e).

Section 205.06 Periodic reports.

Reports on forms to be furnished by the Office of Court Administration shall be filed with that office by the Family Court in each county, as follows:

(a) On or before the 20th day of each term, a report shall be filed in the Office of Court Administration for each of the following instances in which an order of disposition was entered in the preceding month:

(1) every proceeding instituted under article 10 of the Family Court Act; and

(2) every proceeding instituted under article 7 of the Family Court Act.

(b) No later than five calendar days thereafter, a separate weekly account for the preceding week ending Sunday shall be filed in the Office of Court Administration concerning:

(1) new cases;

(2) assignment of judges;

(3) appearances of counsel; and

(4) judicial activity;

unless the requirement therefor is otherwise specifically suspended, in whole or in part, by the Office of Court Administration.

(c) On or before the 20th day of the first term of each year, an inventory of the cases pending as of the first day of the first term of that year shall be filed in the Office of Court Administration, and an inventory of pending cases shall also be filed at such other times as may be specified by the Office of Court Administration.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Nov. 12, 1998 eff. Nov. 5, 1998. Amended (a), (c).

Section 205.07 Papers filed in court; docket number; prefix; forms.

(a) The forms set forth in Chapter IV of Subtitle D of this Title, designated "Forms of the Family Court of the State of New York" and "Adoption Forms of the Family Court and Surrogate's Court of the State of New York," respectively, shall be the official forms of the court and shall, in substantially the same form as set forth, be uniformly used throughout the State. Examples of these forms shall be available at the clerk's office of any Family Court.

(b) The prefixes for the docket numbers assigned to Family Court proceedings shall be:

A Adoption
As Adoption Surrender
B Commitment of guardianship and custody (§§ 384, 384-b, Social Services Law)
C Conciliation
D Delinquency (including transfers from criminal courts)
E Designated felony delinquency (including transfers from criminal courts)
F Support
G Guardianship (§ 661, Family Court Act)
K Foster care review
L Approval of foster care placement
M Consent to marry
N Neglect or child abuse (child protective proceeding)
O Family offenses
P Paternity
R Referred from Supreme Court (except delinquency)
S Person in need of supervision
U Uniform Interstate Family Support Law
V Custody of minors (§ 651, Family Court Act)
W Material witness
Z Miscellaneous

(c) Proceedings for extensions of placement in Person in Need of Supervision and juvenile delinquency proceedings and for permanency hearings in child protective and voluntary foster care proceedings pursuant to Article 10-A of the Family Court Act shall bear the prefix and docket number of the original proceeding in which the placement was made. Permanency hearings pursuant to Family Court Act Article 10-A regarding children freed for adoption shall bear the prefix and docket number of the proceeding or proceedings in which the child was freed: the surrender and/or termination of parental rights proceedings. Permanency reports submitted pursuant to Article 10-A shall not be considered new petitions.

(d) The case docket number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the proceeding. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of caption. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and every paper, other than an exhibit or a printed official form promulgated in accordance with section 214 of the Family Court Act, shall contain writing on one side only and, if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: March 25, 1987; Nov. 12, 1998 eff. Nov. 5, 1998. Amended (b).
Amended 205.7 (c) on Oct. 26, 2005.

Section 205.08 Submission of papers to judge.

All papers for signature or consideration of the court shall be presented to the clerk of the court in the appropriate courtroom or clerk's office, except that when the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. All papers for any judge which are filed in the clerk's office shall be promptly delivered to the judge by the clerk. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and docket number of the proceeding in which they are filed, the judge's name and the name of the attorney or party submitting them.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.09 Miscellaneous proceedings.

All proceedings for which the procedure has not been prescribed by provisions of the Family Court Act, the Domestic Relations Law or the Social Services Law, including but not limited to, proceedings involving consent to marry, interstate compact on juveniles and material witnesses, shall be commenced by the filing of a petition and shall require the entry of a written order.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 5, 2001 eff. Jan. 31, 2001.

Section 205.10 Notice of appearance.

Each attorney appearing in a proceeding is required to file a written notice of appearance on or before the time of the attorney's first appearance in court or no later than 10 days after appointment or retainer, whichever is sooner. The notice shall contain the attorney's name, office address and telephone number, and the name of the person on whose behalf he or she is appearing.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.11 Service and filing of motion papers.

Where motions are required to be on notice:

(a) The motion shall be made returnable at such hour as the assigned judge directs.

(b) At the time of service of the notice of motion, the moving party shall serve copies of all affidavits and briefs upon all of the attorneys for the parties or upon the parties appearing pro se. The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. Unless otherwise directed by the court, answering and reply affidavits and all papers required to be furnished to the court by the Family Court Act or CPLR 2214(c) must be filed no later than the time of argument or submission of the motion.

(c) The assigned judge may determine that any or all motions in that proceeding shall be orally argued and may direct that moving and responding papers shall be filed with the court prior to the time of argument.

(d) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. A party requesting oral argument shall set forth such request in its notice of motion or on the first page of the answering papers, as the case may be. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard.

(e) Hearings on motions shall be held when required by statute or ordered by the assigned judge in the judge's discretion.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.12 Conference.

(a) In any proceeding, a conference or conferences shall be ordered by the court as required as soon as practicable after the proceeding has been assigned.

(b) The matters which may be considered at such conference may include, among other things:

(1) completion of discovery;

(2) filing of motions;

(3) argument or hearing of motions;

(4) fixing of a date for fact-finding hearing;

(5) simplification and limitation of issues;

(6) amendment of pleadings or bills of particulars;

(7) admissions of fact;

(8) stipulations as to admissibility of documents;

(9) completion or modification of financial disclosure;

(10) possibilities for settlement; and

(11) limitation of number of expert witnesses.

(c) Where parties are represented by counsel, an attorney thoroughly familiar with the action and authorized to act on behalf of the party or accompanied by a person empowered to act on behalf of the party represented shall appear at such conference.

(d) At the conclusion of a conference, the court shall make a written order, including its directions to the parties as well as stipulations of counsel. Alternatively, in the court's discretion, all directions of the court and stipulations of counsel shall be formally placed on the record.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.13 Engagement of counsel.

No adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator of the Courts (22 NYCRR Part 125).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.14 Time limitations for proceedings involving custody or visitation.

In any proceeding brought pursuant to sections 467, 651 or 652 of the Family Court Act to determine temporary or permanent custody or visitation, once a hearing or trial is commenced, it shall proceed to conclusion within 90 days.

Historical Note
Sec. filed Jan. 9, 1986; renum. 205.15, new filed Jan. 2, 2001 eff. July 1, 2001.

Section 205.15 Submission of orders for signature.

Proposed orders, with proof of service on all parties, must be submitted for signature unless otherwise directed by the court within thirty days after the signing and filing of the decision directing that the order be settled or submitted. Proposed orders in child protective proceedings and permanency hearings pursuant to Articles 10 and 10-A of the Family Court Act, respectively, must be submitted for signature immediately, but in no event later than 14 days of the earlier of the Court’s oral announcement of its decision or signing and filing of its decision, unless otherwise directed by the Court, provided, however, that proposed orders pursuant to section 1022 of the Family Court Act must be submitted for signature immediately, but in no event later than the next court date following the removal of the child. Orders in termination of parental rights proceedings pursuant to Article 6 of the Family Court Act or section 384-b of the Social Services Law shall be settled not more than 14 days after the earlier of the Family Court’s oral announcement of its decision or signing and filing of its decision.

Historical Note
Sec. added by renum. 205.14, filed Jan. 2, 2001 eff. July 1, 2001.
Amended 205.15 on Oct. 26, 2005.

Section 205.16 Motion for judicial determination that reasonable efforts are not required for child in foster care.

(a) This section shall govern any motion for a judicial determination, pursuant to section 352.2(2)(c), 754(2)(b), 1039-b or 1052(b) of the Family Court Act or section 358-a(3)(b) of the Social Services Law, that reasonable efforts to prevent or eliminate the need for removal of the child from the home or to make it possible to reunify the child with his or her parents are not required.

(b) A motion for such a determination shall be filed in writing on notice to the parties, including the law guardian, on the form officially promulgated by the Chief Administrator of the Courts and set forth in Chapter IV of Subtitle D of this Title and shall contain all information required therein.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.
Amended 205.16 (a) on Oct. 26, 2005.

Section 205.17 Permanency hearings for child in foster care, children directly placed with relatives or other suitable persons and children freed for adoption.

(a) This section shall govern all permanency hearings conducted pursuant to Article 10-A of the Family Court Act.

(b) Scheduling for dates certain; deadlines for submitting permanency reports.

(1) The first court order remanding a child into foster care or into direct placement with a relative or other suitable person in a proceeding pursuant to Article 10 or approving a voluntary placement instrument pursuant to section 358-a of the social services law must contain a date certain for the initial permanency hearing pursuant to Article 10-A of the Family Court Act, which must be not later than eight months from the date of removal of the child from his or her home.

(2) A permanency hearing with respect to a child who has been freed for adoption shall be scheduled for a date certain not more than 30 days after the earlier of the Family Court’s oral announcement of its decision or the signing and filing of its decision freeing the child for adoption.

(3) In any case in which the court has made a determination, pursuant to section 1039-b or 1052(b) of the Family Court Act or section 358-a(3)(b) of the Social Services Law, that reasonable efforts to reunify the child with his or her parents are not required, a permanency hearing must be scheduled for a date certain within 30 days of the determination and the originally scheduled date shall be cancelled. In such a case, a permanency hearing report shall be transmitted to the parties and counsel, including the law guardian, on an expedited basis as directed by the court.

(4) Each permanency hearing order must contain a date certain for the next permanency hearing, which shall be not more than six months following the completion of the permanency hearing, except as provided in paragraph (3) of this subdivision.

(5) If the child has been adopted or has been the subject of a final order of custody or guardianship by the scheduled date certain, the permanency hearing shall be cancelled and the petitioner shall promptly so notify the court, all parties and their attorneys, including the law guardian, as well as all individuals required to be notified of the hearing pursuant to Family Court Act §1089.

(c) Required notice and transmittal of permanency reports. Except in cases involving children freed for adoption, in addition to sending the permanency hearing report and accompanying papers to the respondent parents’ last-known address and to their attorneys not less than 14 days in advance of the hearing date, the petitioner shall make reasonable efforts to provide actual notice of the permanency hearing to the respondent parents through any additional available means, including, but not limited to, case-work, service and visiting contacts. Additionally, not less than 14 days in advance of the hearing date, the petitioner shall send a notice of the permanency hearing and the report and accompanying documents to the non-respondent parent(s) and the foster parent or parents caring for the child, each of whom shall be a party, and to the law guardian. Petitioner shall also send the notice and report to a pre-adoptive parent or relative providing care for the child and shall send a notice, but not the report, to former foster parents who cared for the child in excess of one year. The Court shall give such persons an opportunity to be heard, but they shall not be considered parties and their failures to appear shall not constitute cause to delay the hearing. As provided in subdivision (d) of this section, the petitioner shall submit on or before the return date documentation of the notice or notices given to the respondent and non-respondent parents, their attorneys, the law guardian, and any present or former foster parent, pre-adoptive parent or relative.

(d) Required papers to be submitted.

(1) A sworn permanency report shall be submitted on the form officially promulgated by the Chief Administrator of the Courts and set forth in Chapter IV of Subtitle D of this Title, and shall contain all information required by section 1089 of the Family Court Act.

(2) The permanency report shall be accompanied by additional reports and documents as directed by the court, which may include, but not be limited to, periodic school report cards, photographs of the child, clinical evaluations and prior court orders in related proceedings.

(3) The copy of the report submitted to the Family Court must be sworn and must be accompanied by a list of all persons and addresses to whom the report and/or notice of the permanency hearing were sent. Except as otherwise directed by the Family Court, the list containing the addresses shall be kept confidential and shall not be part of the court record that may be subject to disclosure pursuant to Section 205.5 of this title. The copies of the permanency hearing report required to be sent to the parties and their attorneys, including the law guardian, not less than 14 days prior to the scheduled date certain need not be sworn so long as the verification accompanying the Family Court’s sworn copy attests to the fact that the copies transmitted were identical in all other respects to the Court’s sworn copy.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.
Amended 205.17 on Oct. 26, 2005.

Section 205.18 to 205.19 [Reserved]

Section 205.20 Designation of a facility for the questioning of children in custody (juvenile delinquency).

(a) The district administrative judge in each judicial district outside the City of New York and the administrative judge for the Family Court within the City of New York, or a designee, shall arrange for the inspection of any facility within the judicial district proposed for designation as suitable for the questioning of children pursuant to section 305.2 of the Family Court Act, and if found suitable, the district administrative judge or the administrative judge for the Family Court within the City of New York, as appropriate, shall recommend its designation to the Chief Administrator of the Courts.

(b) Every recommendation to the Chief Administrator of the Courts shall include:

(1) the room number or identification, the type of facility in which the room is located, the address and the hours of access;

(2) the name of the police or other law enforcement agency, department of probation, Family Court judge or other interested person or agency which proposed the designation of the particular facility;

(3) a signed and dated copy of the report of inspection of the proposed facility, made at the direction of the district administrative judge or the administrative judge for the Family Court within the City of New York; and

(4) the factors upon which the recommendation is based.

(c) Any facility recommended for designation as suitable for the questioning of children shall be separate from areas accessible to the general public and adult detainees.

(d) Insofar as possible, the district administrative judge or the administrative judge for the Family Court within the City of New York, in making a recommendation for designation, shall seek to assure an adequate number and reasonable geographic distribution of designated questioning facilities, and that:

(1) the room is located in a police facility or in a governmental facility not regularly or exclusively used for the education or care of children;

(2) the room presents an office-like, rather than a jail-like, setting;

(3) the room is clean and well maintained;

(4) the room is well lit and heated;

(5) there are separate toilet facilities for children or, in the alternative, procedures insuring the privacy and safety of the children when in use;

(6) there is a separate entrance for children or, in the alternative, there are procedures which minimize public exposure and avoid mingling with the adult detainees;

(7) a person will be in attendance with the child whenever the room is in use as a questioning facility, such person to be a policewoman or other qualified female person when the child is a female; and

(8) any other factors relevant to suitability for designation are considered.

(e) The appropriate district administrative judge or the administrative judge for the Family Court within the City of New York, or a designee, when notified of any material physical change in a facility designated for the questioning of children, shall arrange for the reinspection of such facility concerning its continued suitability for designation.

(f) A current list of facilities designated for the questioning of children within each judicial district and within the City of New York shall be maintained by the district administrative judge and the administrative judge for the Family Court within the City of New York, and shall be kept for easy public inspection in each Family Court in that judicial district and within the City of New York. A current statewide list shall be maintained in the office of the Chief Administrator of the Courts. These lists shall be kept available for public inspection.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.21 Authorization to detention agency for release of a child taken into custody before the filing of a petition (juvenile delinquency).

(a) When a child is brought to a detention facility prior to the filing of a petition, pursuant to section 305.2 of the Family Court Act, the agency responsible for operating the detention facility is authorized to release the child before the filing of a petition when the events that occasioned the taking into custody do not appear to involve allegations that the child committed a delinquent act.

(b) If the events occasioning the taking into custody do appear to involve allegations that the child committed a delinquent act, the agency is authorized to release the child where practicable and issue an appearance ticket in accordance with section 307.1 of the Family Court Act, unless special circumstances exist which require the detention of the child, including whether:

(1) there is a substantial probability that the child will not appear or be produced at the appropriate probation service at a specified time and place; or

(2) there is a serious risk that, before the petition is filed, the child may commit an act which, if committed by an adult, would constitute a crime; or

(3) the alleged conduct by the child involved the use or threatened use of violence; or

(4) there is reason to believe that a proceeding to determine whether the child is a juvenile delinquent or juvenile offender is currently pending.

(c) Any child released pursuant to this rule shall be released to the custody of his or her parent or other person legally responsible for his or her care, or if such legally responsible person is unavailable, to a person with whom he or she resides.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.22 Preliminary probation conferences and procedures (juvenile delinquency).

(a) The probation service shall conduct preliminary conferences with any person seeking to have a juvenile delinquency petition filed, the potential respondent and other interested persons, including the complainant or victim, on the same day that such persons appear at a probation service pursuant to section 305.2(4)(a), 307.1 or 320.6 of the Family Court Act, concerning the advisability of requesting that a juvenile delinquency petition be filed and in order to gather information needed for a determination of the suitability of the case for adjustment. The probation service shall permit any participant who is represented by a lawyer to be accompanied by the lawyer at any preliminary conference.

(b) During the preliminary probation conferences, the probation service shall ascertain, from the person seeking to have a juvenile delinquency petition filed, a brief statement of the underlying events and, if known to that person, a brief statement of factors that would be of assistance to the court in determining whether the potential respondent should be detained or released in the event that a petition is filed.

(c) In order to determine whether the case is suitable for the adjustment process, the probation service shall consider the following circumstances, among others:

(1) the age of the potential respondent; and

(2) whether the conduct of the potential respondent allegedly involved:

(i) an act or acts causing or threatening to cause death, substantial pain or serious physical injury to another;

(ii) the use or knowing possession of a dangerous instrument or deadly weapon;

(iii) the use or threatened use of violence to compel a person to engage in sexual intercourse, deviant sexual intercourse or sexual contact;

(iv) the use or threatened use of violence to obtain property;

(v) the use or threatened use of deadly physical force with the intent to restrain the liberty of another;

(vi) the intentional starting of a fire or the causing of an explosion which resulted in damage to a building;

(vii) a serious risk to the welfare and safety of the community; or

(viii) an act which seriously endangered the safety of the potential respondent or another person;

(3) whether there is a substantial likelihood that a potential respondent will not appear at scheduled conferences with the probation service or with an agency to which he or she may be referred;

(4) whether there is a substantial likelihood that the potential respondent will not participate in or cooperate with the adjustment process;

(5) whether there is a substantial likelihood that, in order to adjust the case successfully, the potential respondent would require services that could not be administered effectively in less than four months;

(6) whether there is a substantial likelihood that the potential respondent will, during the adjustment process:

(i) commit an act which, if committed by an adult, would be a crime; or

(ii) engage in conduct that endangers the physical or emotional health of the potential respondent or a member of the potential respondent's family or household; or

(iii) harass or menace the complainant, victim or person seeking to have a juvenile delinquency petition filed, or a member of that person's family or household, where demonstrated by prior conduct or threats;

(7) whether there is pending another proceeding to determine whether the potential respondent is a person in need of supervision, a juvenile delinquent or a juvenile offender;

(8) whether there have been prior adjustments or adjournments in contemplation of dismissal in other juvenile delinquency proceedings;

(9) whether there has been a prior adjudication of the potential respondent as a juvenile delinquent or juvenile offender;

(10) whether there is a substantial likelihood that the adjustment process would not be successful unless the potential respondent is temporarily removed from his or her home and that such removal could not be accomplished without invoking the court process; and

(11) whether a proceeding has been or will be instituted against another person for acting jointly with the potential respondent.

(d) At the first appearance at a conference by each of the persons listed in subdivision (a) of this section, the probation service shall inform such person concerning the function and limitations of, and the alternatives to, the adjustment process, and that:

(1) he or she has the right to participate in the adjustment process;

(2) the probation service is not authorized to and cannot compel any person to appear at any conference, produce any papers or visit any place;

(3) the person seeking to have a juvenile delinquency petition filed is entitled to have access to the appropriate presentment agency at any time for the purpose of requesting that a petition be filed under article 3 of the Family Court Act;

(4) the adjustment process may continue for a period of two months and may be extended for an additional two months upon written application to the court and approval thereof;

(5) statements made to the probation service are subject to the confidentiality provisions contained in section 308.1(6) and (7) of the Family Court Act; and

(6) if the adjustment process is commenced but is not successfully concluded, the persons participating therein may be notified orally or in writing of that fact and that the case will be referred to the appropriate presentment agency; oral notification will be confirmed in writing.

(e) If the adjustment process is not commenced:

(1) the record of the probation service shall contain a statement of the grounds therefor; and

(2) the probation service shall give written notice to the persons listed in subdivision (a) of this section who have appeared that:

(i) the adjustment process will not be commenced;

(ii) the case will be referred to the appropriate presentment agency; and

(iii) they are entitled to have access to the presentment agency for the purpose of requesting that a petition be filed under article 3 of the Family Court Act.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.23 Duties of the probation service and procedures relating to the adjustment process (juvenile delinquency).

(a) Upon a determination by the probation service that a case is suitable for the adjustment process, it shall include in the process the potential respondent and any other persons listed in section 205.22(a) of this Part who wish to participate therein. The probation service shall permit any participant who is represented by a lawyer to be accompanied by the lawyer at any conference.

(b) If an extension of the period of the adjustment process is sought, the probation service shall apply in writing to the court and shall set forth the services rendered to the potential respondent, the date of commencement of those services, the degree of success achieved, the services proposed to be rendered and a statement by the assigned probation officer that, in the judgment of such person, the matter will not be successfully adjusted unless an extension is granted.

(c) The probation service may discontinue the adjustment process if, at any time:

(1) the potential respondent or the person seeking to have a juvenile delinquency petition filed requests that it do so; or

(2) the potential respondent refuses to cooperate with the probation service or any agency to which the potential respondent or a member of his or her family has been referred.

(d) If the adjustment process is not successfully concluded, the probation service shall notify all the persons who participated therein in writing:

(1) that the adjustment process has not been successfully concluded;

(2) that the appropriate presentment agency will be notified within 48 hours or the next court day, whichever occurs later; and

(3) that access may be had to the presentment agency to request that a petition be filed;

and, in addition to the above, shall notify the potential respondent in writing of the reasons therefor.

(e) The case record of the probation service required to be kept pursuant to section 243 of the Executive Law and the regulations promulgated thereunder shall contain a statement of the grounds upon which:

(1) the adjustment process was commenced but was not successfully concluded; or

(2) the adjustment process was commenced and successfully concluded.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.24 Terms and conditions of order adjourning a proceeding in contemplation of dismissal in accordance with section 315.3 of the Family Court Act.

(a) An order adjourning a proceeding in contemplation of dismissal pursuant to section 315.3 of the Family Court Act shall be related to the alleged or adjudicated acts or omissions of respondent and shall contain at least one of the following terms and conditions directing the respondent to:

(1) attend school regularly and obey all rules and regulations of the school;

(2) obey all reasonable commands of the parent or other person legally responsible for respondent's care;

(3) avoid injurious or vicious activities;

(4) abstain from associating with named individuals;

(5) abstain from visiting designated places;

(6) abstain from the use of alcoholic beverages, hallucinogenic drugs, habit-forming drugs not lawfully prescribed for the respondent's use, or any other harmful or dangerous substance;

(7) cooperate with a mental health, social services or other appropriate community facility or agency to which the respondent is referred;

(8) restore property taken from the complainant or victim, or replace property taken from the complainant or victim, the cost of said replacement not to exceed $1,500;

(9) repair any damage to, or defacement of, the property of the complainant or victim, the cost of said repair not to exceed $1,500;

(10) cooperate in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment or counseling services and permit an agency delivering that service to furnish the court with information concerning the diagnosis, treatment or counseling;

(11) attend and complete an alcohol awareness program established pursuant to section 19.25 of the Mental Hygiene Law;

(12) abstain from disruptive behavior in the home and in the community;

(13) abstain from any act which, if done by an adult, would be an offense; and

(14) comply with such other reasonable terms and conditions as may be permitted by law and as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of the petition or to prevent placement with the Commissioner of Social Services or the Office of Children and Family Services.

(b) An order adjourning a proceeding in contemplation of dismissal pursuant to section 315.3 of the Family Court Act may direct that the probation service supervise respondent's compliance with the terms and conditions of said order, and may set a time or times at which the probation service shall report to the court, orally or in writing, concerning compliance with the terms and conditions of said order.

(c) A copy of the order setting forth the terms and conditions imposed, and the duration thereof, shall be furnished to the respondent and to the parent or other person legally responsible for the respondent.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Nov. 15, 1991; Feb. 12, 1996; Nov. 12, 1998 eff. Nov. 5, 1998. Amended (a)(14).

Section 205.25 Terms and conditions of order releasing respondent in accordance with section 320.5 of the Family Court Act.

(a) An order releasing a respondent at the initial appearance in accordance with section 320.5 of the Family Court Act may contain one or more of the following terms and conditions, directing the respondent to:

(1) attend school regularly;

(2) abstain from any act which, if done by an adult, would be an offense;

(3) observe a specified curfew, which must be reasonable in relation to the ends sought to be achieved and narrowly drawn;

(4) participate in a program duly authorized as an alternative to detention; or

(5) comply with such other reasonable terms and conditions as the court shall determine to be necessary or appropriate.

(b) A copy of the order setting forth terms and conditions imposed, and the duration thereof, shall be furnished at the time of issuance to the respondent and, if present, to the parent or other person legally responsible for the respondent.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.26 Procedure when remanded child absconds.

(a) When a child absconds from a facility to which he or she was duly remanded, written notice of that fact shall be given within 48 hours, by an authorized representative of the facility, to the clerk of the court from which the remand was made. The notice shall state the name of the child, the docket number of the pending proceeding in which the child was remanded, the date on which the child absconded and the efforts made to locate and secure the return of the child. Every order of remand shall include a direction embodying the requirements of this subdivision.

(b) Upon receipt of the written notice of absconding, the clerk shall cause the proceeding to be placed on the court calendar no later than the next court day for such action as the court may deem appropriate, and shall give notice of such court date to the presentment agency and law guardian or privately retained counsel of the child.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.27 Procedure for assignment, in accordance with section 340.2(3) of the Family Court Act, of a proceeding to another judge when the appropriate judge cannot preside.

Except for proceedings transferred in accordance with section 302.3(4) of the Family Court Act, when a judge who has presided at the fact-finding hearing, or accepted an admission pursuant to section 321.3 of such act in a juvenile delinquency proceeding, cannot preside at another subsequent hearing, including the dispositional hearing, for the reasons set forth in section 340.2(3), the assignment of the proceeding to another judge of the court shall be made as authorized by the Chief Administrator of the Courts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.28 Procedures for compliance with Adoption and Safe Families Act (juvenile delinquency proceeding).

(a) Pre-petition and pretrial detention; required findings. In any case in which detention is ordered by the court pursuant to section 307.4 or 320.5 of the Family Court Act, the court shall make additional, specific written findings regarding the following issues:

(1) whether the continuation of the respondent in his or her home would be contrary to his or her best interests; and

(2) where appropriate and consistent with the need for protection of the community, whether reasonable efforts were made, prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the respondent from his or her home, or, if the respondent had been removed from his or her home prior to the initial appearance, where appropriate and consistent with the need for protection of the community, whether reasonable efforts were made to make it possible for the respondent to safely return home.

The court may request the presentment agency and the local probation department to provide information to the court to aid in its determinations and may also consider information provided by the law guardian.

(b) Motion for an order that reasonable efforts are not required. A motion for a judicial determination, pursuant to section 352.2(2)(c) of the Family Court Act, that reasonable efforts to prevent or eliminate the need for removal of the respondent from his or her home or to make it possible to reunify the respondent with his or her parents are not required, shall be governed by section 205.16 of this Part.

(c) Placement; required findings. In any case in which the court is considering ordering placement pursuant to section 353.3 or 353.4 of the Family Court Act, the presentment agency, local probation department, local commissioner of social services and New York State Office of Children and Family Services shall provide information to the court to aid in its required determination of the following issues:

(1) whether continuation in the respondent's home would be contrary to the best interests of the respondent, and, in the case of a respondent for whom the court has determined that continuation in his or her home would not be contrary to the best interests of the respondent, whether continuation in the respondent's home would be contrary to the need for protection of the community;

(2) whether, where appropriate and where consistent with the need for protection of the community, reasonable efforts were made, prior to the date of the dispositional hearing, to prevent or eliminate the need for removal of the respondent from his or her home, and, if the respondent was removed from his or her home prior to the dispositional hearing, where appropriate and where consistent with the need for protection of the community, whether reasonable efforts were made to make it possible for the respondent to return home safely. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the respondent from the home were not made, but that the lack of such efforts was appropriate under the circumstances, or consistent with the need for protection of the community, or both, the court order shall include such a finding;

(3) in the case of a respondent who has attained the age of 16, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; and

(4) in the case of an order of placement specifying a particular authorized agency or foster care provider, the position of the New York State Office of Children and Family Services or local department of social services, as applicable, regarding such placement.

(d) Permanency hearing; extension of placement.

(1) A petition for a permanency hearing and, if applicable, an extension of placement, pursuant to sections 355.3 and 355.5 of the Family Court Act, shall be filed at least 60 days prior to the expiration of one year following the respondent’s entry into foster care; provided, however, that if the Family Court makes a determination, pursuant to section 352.2(2)(c) of the Family Court Act, that reasonable efforts are not required to prevent or eliminate the need for removal of the respondent from his or her home or to make it possible to reunify the respondent with his or her parents, the permanency hearing shall be held within 30 days of such finding and the petition for the permanency hearing shall be filed and served on an expedited basis as directed by the court.

(2) Following the initial permanency hearing in a case in which the respondent remains in placement, a petition for a subsequent permanency hearing and, if applicable, extension of placement, shall be filed at least 60 days prior to the expiration of one year following the date of the preceding permanency hearing.

(3) The permanency petition shall include, but not be limited to, the following: the date by which the permanency hearing must be held; the date by which any subsequent permanency petition must be filed; the proposed permanency goal for the child; the reasonable efforts, if any, undertaken to achieve the child's return to his or her parents or other permanency goal; the visitation plan for the child and his or her sibling or siblings and, if parental rights have not been terminated, for his or her parent or parents; and current information regarding the status of services ordered by the court to be provided, as well as other services that have been provided, to the child and his or her parent or parents.

(4) In all cases, the permanency petition shall be accompanied by the most recent service plan containing, at minimum: the child's permanency goal and projected time-frame for its achievement; the reasonable efforts that have been undertaken and are planned to achieve the goal; impediments, if any, that have been encountered in achieving the goal; and the services required to achieve the goal. Additionally, the permanency petition shall contain or have annexed to it a plan for the release or conditional release of the child, as required by section 353.3(7) of the Family Court Act.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.
Amended (d) on Oct. 26, 2005.

Section 205.29 [Reserved]

Section 205.30 Preliminary probation conferences and procedures (support).

(a) Any person except a commissioner of social services, a social services official or a person who is receiving paternity and support services pursuant to section 111-g of the Social Services Law, seeking to file a petition for support under article 4 of the Family Court Act, may first be referred to the probation service concerning the advisability of filing a petition.

(b) The probation service shall be available to meet and confer concerning the advisability of filing a petition with the person seeking to file a petition for support, the potential respondent and any other interested person no later than the next regularly scheduled court day. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any preliminary conference by the lawyer, who shall be identified by the probation officer to the other party, and shall not discourage any person from seeking to file a petition.

(c) At the first appearance at a conference by each of the persons listed in subdivision (b) of this section, the probation service shall inform such person concerning the function and limitations of, and the alternative to, the adjustment process, and that:

(1) the purpose of the adjustment process is to discover whether it will be possible to arrive at a voluntary agreement for support without filing a petition;

(2) the person seeking to file a petition for support is entitled to request that the probation service confer with him or her, the potential respondent and any other interested person concerning the advisability of filing a petition for support under article 4 of the Family Court Act;

(3) if the assistance of the probation service is not requested or, if requested, is subsequently declined, the person seeking to file a petition for support is entitled to have access to the court at any time for that purpose and may proceed to file a petition for support;

(4) the probation service is not authorized to, and shall not, compel any person, including the person seeking support, to appear at any conference, produce any papers or visit any place;

(5) the adjustment process must commence within 15 days from the date of the request for a conference, may continue for a period of two months from the date of that request, and may be extended for an additional 60 days upon written application to the court containing the consent of the person seeking to file a petition;

(6) if the adjustment process is not successful, the persons participating therein shall be notified in writing of that fact and that the person seeking to file a petition for support is entitled to access to the court for that purpose; and

(7) if the adjustment of the matter results in a voluntary agreement for support of the petitioner and any dependents:

(i) it shall be reduced to writing by the probation service, signed by both parties to it, and submitted to the Family Court for approval;

(ii) if the court approves it, the court may, without further hearing, enter an order for support pursuant to section 425 of the Family Court Act in accordance with the agreement;

(iii) the order when entered shall be binding upon the parties and shall in all respects be a valid order, and the Family Court may entertain a proceeding for enforcement of the order should there not be compliance with the order; and

(iv) unless the agreement is submitted to the Family Court and an order is issued, the Family Court will not entertain a proceeding for the enforcement of the agreement should the agreement not be complied with.

(d) If the adjustment process is not commenced, the probation service shall give written notice to the persons listed in subdivision (b) of this section that:

(1) the adjustment process will not be commenced, and the reasons therefor;

(2) the person seeking to file a petition for support is entitled to access to the court for that purpose; and

(3) if applicable, the adjustment process was not commenced on the ground that the court would not have jurisdiction over the case, and the question of the court's jurisdiction may be tested by filing a petition.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.31 Duties of the probation service and procedures relating to the adjustment process (support).

(a) If the assistance of the probation service is requested by the person seeking to file a petition for support, and it appears that it may be possible to arrive at a voluntary agreement for support, the adjustment process shall commence within 15 days from the date of request, and shall include the person seeking to file a petition for support, the potential respondent and any other person listed in subdivision (b) of section 205.30 of this Part who wishes to participate therein. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any conference by the lawyer, who shall be identified by the probation officer to the other party, and shall not discourage any person from seeking to file a petition.

(b) If an extension of the period of the adjustment process is sought, the probation service shall apply in writing to the court and shall set forth the services rendered, the date of commencement of those services, the degree of success achieved and the services proposed to be rendered. The application shall set forth the reasons why, in the opinion of the assigned probation officer, additional time is needed to adjust the matter, and shall contain the signed consent of the person seeking to file a petition for support.

(c) The probation service shall discontinue its efforts at adjustment if, at any time:

(1) the person seeking to file a petition for support or the potential respondent requests that it do so; or

(2) it appears to the probation service that there is no reasonable likelihood that a voluntary agreement for support will result.

(d) If the adjustment process is not successfully concluded, the probation service shall notify all the persons who participated therein, in writing:

(1) that the adjustment process has not been successfully concluded and the reasons therefor; and

(2) that the person seeking to file a petition for support is entitled to access to the court for that purpose.

(e) If the adjustment process results in an agreement for the support of the petitioner and any dependents:

(1) it shall be reduced to writing by the probation service, shall be signed by both parties to it, and shall be submitted to the court, together with a petition for approval of the agreement and a proposed order incorporating the agreement; and

(2) if the agreement is approved by the court, a copy of the order shall be furnished by the probation service to the person seeking to file a petition for support and the potential respondent, in person if they are present, and by mail if their presence has been dispensed with by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.32 Hearing examiners.

(a) Qualifications. Hearing examiners shall be appointed by the Chief Administrator of the Courts to hear and determine support proceedings in Family Court pursuant to section 439 of the Family Court Act. They shall be attorneys admitted to the practice of law in New York for at least five years and shall be knowledgeable with respect to Family Court procedure, family law and Federal and State support law and programs.

(b) Term.

(1) Hearing examiners shall be appointed as nonjudicial employees of the Unified Court System on a full-time basis for a term of three years and, in the discretion of the Chief Administrator, may be reappointed for subsequent terms, provided that if the Chief Administrator determines that the employment of a full-time hearing examiner is not required in a particular court, the services of a full-time hearing examiner may be shared by one or more counties or a hearing examiner may be appointed to serve within one or more counties on a part-time basis.

(2) In the discretion of the Chief Administrator, an acting hearing examiner may be appointed to serve during a hearing examiner's authorized leave of absence. In making such appointment, the provisions for selection of hearing examiners set forth in subdivision (c) of this section may be modified by the Chief Administrator as appropriate to the particular circumstances.

(3) A hearing examiner shall be subject to removal or other disciplinary action pursuant to the procedure set forth in section 25.29(b) of the Rules of the Chief Judge (22 NYCRR 25.29[b]).

(c) Selection of hearing examiners.

(1) The district administrative judge for the judicial district in which the county or counties where the hearing examiner is authorized to serve is located, or the administrative judge for the courts in Nassau County or the administrative judge for the courts in Suffolk County, if the hearing examiner is authorized to serve in either of those counties, or the administrative judge for the Family Court within the City of New York, if the hearing examiner is to serve in New York City, shall:

(i) publish an announcement in the law journal serving the affected county or counties inviting applications from the bar or, if there is no law journal serving such area, in a newspaper of general circulation; and

(ii) communicate directly with bar associations in the affected county or counties to invite applicants to apply.

(2) The announcements and communications shall set forth the qualifications for selection as contained in subdivision (a) of this section, the compensation, the term of appointment and requirements concerning restrictions on the private practice of law.

(3) A committee consisting of an administrative judge, a judge of the Family Court and a designee of the Chief Administrator shall screen each applicant for qualifications, character and ability to handle the hearing examiner responsibilities, and shall forward the names of recommended nominees, with a summary of their qualifications, to the Chief Administrator, who shall make the appointment. The appointment order shall indicate the court or courts in which the hearing examiner shall serve. The Chief Administrator further may authorize temporary assignments to additional courts.

(d) Training. The Chief Administrator shall authorize such training for hearing examiners as appropriate to ensure the effective performance of their duties.

(e) Compensation and expenses. Compensation for hearing examiners shall be fixed by the Chief Administrator. Hearing examiners shall be entitled to reimbursement of actual and necessary travel expenses in accordance with the rules governing the reimbursement of the travel expenses of nonjudicial court employees of the State of New York.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Sept. 10, 1990; Feb. 12, 1996 eff. Jan. 30, 1996. Amended (b)(3).

Section 205.33 Assignment of hearing examiners.

The supervising judge of the Family Court in the county in which the hearing examiner will serve, or the deputy administrative judge for the Family Court within the City of New York, if the hearing examiner is to serve in New York City, shall assign hearing examiners as required by the needs of the courts, in conformance with law and in conformance with section 205.3 of this Part.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.34 Referrals to hearing examiners.

(a) A summons or warrant in support proceedings shall be made returnable by the clerk of the court before a hearing examiner in the first instance, unless otherwise provided by the court. A net worth statement form prescribed by the Chief Administrator shall be appended by the clerk to the summons to be served upon the respondent and shall be given to the petitioner upon the filing of the petition.

(b) Whenever the parties are before a judge of the court when support is an issue, the judge shall make an immediate order, either temporary or permanent, with respect to support. If a temporary order is made, the court shall refer the issues of support to a hearing examiner.

(c) The above provisions shall apply to initial determinations of support, subsequent modification or violation proceedings, and support proceedings referred to Family Court by the Supreme Court pursuant to part 6 of article 4 of the Family Court Act.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Nov. 27, 1987 eff. Dec. 1, 1987. Amended (a).

Section 205.35 Conduct of hearing.

(a) Unless otherwise specified in the order of reference, the hearing examiner shall conduct the hearing in the same manner as a court trying an issue without a jury in conformance with the procedures set forth in the Civil Practice Law and Rules and with section 205.3 of this Part.

(b) If a full or partial agreement is reached between the parties during the hearing, it shall be placed on the record and, if approved, shall be incorporated into an order, which shall be duly entered.

(c) The hearing examiner shall require the exchange and filing of affidavits of financial disclosure.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.36 Findings of fact; transmission of findings of fact and other information; quarterly reports.

(a) Findings of fact shall be in writing and shall include, where applicable, the income and expenses of each party, the basis for liability for support and an assessment of the needs of the children. The findings of fact shall be set forth on a form prescribed by the Chief Administrator. A copy of the findings of fact shall accompany the order of support.

(b) At the time of the entry of the order of support, the clerk of the court shall cause a copy of the findings of fact and order of support to be served either in person or by mail upon the parties to the proceeding or their attorneys. When the findings and order are transmitted to a party appearing pro se, they shall be accompanied by information about the objection process, including the requirements for a transcript, the time limitations governing the filing of objections and rebuttals, and the necessity for affidavits of service on the opposing party of all papers filed with the court.

(c) Each hearing examiner shall file with the Chief Administrator, in such form as may be required, a quarterly report indicating the matters that have been pending undecided before such hearing examiner for a period of 30 days after final submission, and the reasons therefor.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Nov. 27, 1987; May 23, 1990 eff. May 15, 1990. Added (c).

Section 205.37 Recording of hearings; objections.

(a) Hearings may be recorded mechanically. Any equipment used for such mechanical recording or for the production of such recording shall have the prior approval of the Chief Administrator of the Courts.

(b) Mechanical recordings shall be appropriately and clearly identified with the name of the case, docket number and date of hearing for storage and retrieval with proper precautions taken for security and preservation of confidentiality. Where hearings are recorded mechanically, the clerk of the court shall provide a means for the making of a duplicate recording or for an alternative method for preparation of a transcript where required by a judge reviewing objections to an order of a hearing examiner or when requested by a party.

(c) A transcript of the proceeding before the hearing examiner shall be prepared where required by the judge to whom objections have been submitted for review, in which event costs of duplication and of transcript preparation shall be borne by the objecting party. Either party may request a duplicate recording or transcript, in which event costs of duplication of the recording or preparation of the transcript shall be borne by the requesting party. A transcript shall bear the certification of the transcriber that the transcript is a true and accurate transcription of the proceeding. A party who is financially unable to pay the cost of the duplicate recording or the preparation of a transcript may seek leave of the court to proceed as a poor person pursuant to article 11 of the Civil Practice Law and Rules.

(d) Objections to the order of the hearing examiner and rebuttals thereto shall be accompanied by an affidavit of service on the opposing party.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Nov. 27, 1987 eff. Dec. 1, 1987. Amended (a)-(c), added (d).

Section 205.38 Record and report of unexecuted warrants issued pursuant to section 428 of the Family Court Act.

(a) The clerk of court for the Family Court in each county shall obtain and keep a record of executed warrants issued pursuant to section 428 of the Family Court Act.

(b) At the end of each six-month period, on the first of January and on the first of July in each year, a report concerning all unexecuted warrants issued pursuant to section 428 of the Family Court Act shall be made and filed with the Office of Court Administration, on a form to be supplied by the Office of Court Administration.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.39 Authority of probation when there is a failure to obey a lawful order of the court (support).

(a) The probation service, at the request of the petitioner, is authorized to confer with the respondent and the petitioner whenever any respondent fails to obey a lawful order of the court made under article 4 of the Family Court Act or an order of support made under article 5 of the Family Court Act concerning the existence of the violation, the reason for it and the likelihood that there will be compliance in the future. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any conference by the lawyer, who shall be identified by the probation officer to the other party, and shall not discourage any person from seeking to file a petition to enforce compliance.

(b) Before holding any conference pursuant to subdivision (a) of this section:

(1) the probation service shall notify the respondent in writing that:

(i) the probation service is willing to confer with the respondent and must hear from the respondent within seven days if a conference is to be held; and

(ii) the petitioner is entitled to petition the court to enforce compliance with the order;

(2) a copy of this notice shall be furnished to the petitioner; and

(3) if the respondent does not communicate with the probation service within seven days, the probation service shall advise the petitioner that he or she may petition the court to enforce compliance with the order.

(c) If, at a conference held pursuant to subdivision (a) of this section, it shall appear to the probation service that the failure to comply with the order was not willful and that there is a substantial likelihood that compliance with the order will result, the probation service is authorized to adjust the matter informally. An existing order may not be modified by informal adjustment without the filing of a petition for such modification and the approval of the court thereof. Efforts at adjustment pursuant to this subdivision shall not extend beyond the conference held pursuant to subdivision (a) of this section.

(d) The probation service is not authorized to, and shall not, discuss with the petitioner or the respondent:

(1) the advisability or likely outcome of filing a petition to enforce compliance with the order; or

(2) the amount of arrears that would be awarded or cancelled by the court if a petition to enforce the order were filed.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.40 Preliminary probation conferences and procedures upon a referral from Supreme Court (support).

(a) When an application is referred to the Family Court by the Supreme Court pursuant to part 6 of article 4 of the Family Court Act, the parties may first be referred to the probation service, which shall inform them at the first conference concerning the function and limitations of and the alternatives to the adjustment process in accordance with section 205.30(c) of this Part.

(b) The probation service, at the request of either party to the proceeding, shall be available to meet with the parties and other interested persons no later than the next regularly scheduled court day concerning the willingness of the parties to resolve those issues by voluntary agreement. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any preliminary conference by the lawyer, who shall be identified by the probation officer to the other party, and shall not discourage any person from seeking to file a petition.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.41 Duties of the probation service and procedures relating to the adjustment process upon referral from Supreme Court (support).

(a) If the assistance of the probation service is requested by either party to the proceeding, efforts at adjustment shall commence within 15 days from the date of the request and may continue for a period of two months from the date of request. The court may extend the adjustment process for an additional 60 days upon written application containing the consent of the person seeking to file a petition.

(b) The probation service shall permit any participant who is represented by a lawyer to be accompanied at any conference by the lawyer, who shall be identified by the probation officer to the other party.

(c) If an extension of the period of the adjustment process is sought, the probation service shall apply in writing to the court and shall set forth the services rendered, the date of commencement of those services, the degree of success achieved and the services proposed to be rendered. The application shall set forth the reasons why, in the opinion of the assigned probation officer, additional time is needed to adjust the matter, and shall contain the signed consent of the parties and a statement by the probation officer that there is a substantial likelihood that a voluntary agreement would be reached if an extension were granted.

(d) The probation service shall discontinue the adjustment process if, at any time:

(1) either party requests that it do so; or

(2) it appears to the probation service that there is no substantial likelihood that a voluntary agreement will result.

(e) If the adjustment process is not successfully concluded, the probation service shall notify the persons who participated therein in writing:

(1) that the adjustment process has not been successfully concluded, and the reasons therefor;

(2) that either party is entitled to access to the court to have the issues which have been referred determined at a fact-finding hearing.

(f) If the adjustment process results in a voluntary agreement on the issues referred:

(1) it shall be reduced to writing by the probation service, shall be signed by both parties to it, and shall be submitted to the court, together with a petition for approval of the agreement and a proposed order incorporating the agreement;

(2) if the agreement is approved by the court, a copy of the order made by the court shall be furnished by the probation service to the parties, in person if they are present, and by mail if their presence has been dispensed with by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.42 Submission by support collection units of proposed adjusted orders of support.

(a) A submission by a support collection unit pursuant to section 413 of the Family Court Act for adjustment of a child support order shall include the following, which shall be submitted on forms promulgated by the Chief Administrator of the Courts:

(1) an affidavit from the support collection unit, with findings in support of adjustment;

(2) a proposed adjusted order of support; and

(3) a notice to the parties of the proposed adjusted order and of the rights of the parties, including the addresses of the court and the support collection unit.

The documents set forth in this subdivision shall be filed with the clerk of the court within 10 days of mailing to the parties, together with an affidavit of service of these documents upon the parties.

(b) Where a written objection is received by the clerk of the court within 35 days of mailing to the parties of the documents set forth in subdivision (a) of this section, the court shall schedule a hearing upon notice to the support collection unit and the parties.

(c) Where no timely objection is received by the court, the court shall sign the order upon the court's being satisfied that the requirements of sections 111-h of the Social Services Law and 413 of the Family Court Act have been met, and shall transmit copies of the order to the support collection unit for service on the parties. Absent unusual circumstances, the court shall sign the order or dismiss the application within 10 business days after the conclusion of the 35-day objection period.

Historical Note
Sec. filed March 9, 1994 eff. Feb. 2, 1994.

Section 205.43 Hearings to determine willful nonpayment of child support.

(a) A petition that alleges a willful violation or seeks enforcement of an order of support shall be scheduled as soon as possible for a first appearance date in Family Court but in no event more than 30 days of the filing of the violation or enforcement petition.

(b) After service is made, the judge or hearing examiner must commence a hearing to determine a willful violation within 30 days of the date noticed in the summons. The hearing must be concluded within 60 days of its commencement.

(c) Neither party shall be permitted more than one adjournment to secure counsel, except for good cause shown.

(d) On the scheduled hearing date on the issue of willfulness, the hearing may not be adjourned except for the following reasons:

(1) actual engagement of counsel pursuant to Part 125 of this Title;

(2) illness of a party; or

(3) other good cause shown.

No adjournment shall be in excess of 14 days.

(e) If a willfulness hearing has commenced and must be continued, the adjourned date shall be within seven court days.

(f) Upon the conclusion of a willfulness hearing in a case heard by a hearing examiner, the hearing examiner shall issue written findings of fact within five court days.

(g) In a case heard by a hearing examiner, if the hearing examiner makes a finding of willfulness, the written findings shall include the following:

(1) the specific facts upon which the finding of willfulness is based;

(2) the specific amount of arrears established and a money judgment for such amount. An award of attorney's fees may be issued with the findings or at a later date after the case is heard by the Family Court judge;

(3) a recommendation regarding the sanctions that should be imposed, including a recommendation whether the sanction of incarceration is recommended; and

(4) a recommendation, as appropriate, regarding a specific dollar amount to be paid or a specific plan to repay the arrears.

(h) In a case heard by a hearing examiner, if counsel is assigned, the assignment shall continue through the confirmation proceeding before the Family Court judge without further order of the court.

(i) In a case heard by a hearing examiner, a Family Court judge may confirm the findings of the hearing examiner by adopting his or her findings and recommendations in whole or in part. Alternatively, the Family Court judge may modify or refuse to confirm the findings and recommendations and may refer the matter back to the hearing examiner for further proceedings. The court may, if necessary, conduct an evidentiary hearing.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.

Section 205.44 Testimony by telephone, audio-visual or other electronic means in child support and paternity cases.

(a) This section shall govern applications for testimony to be taken by telephone, audio-visual means or other electronic means in accordance with sections 433, 531-a and 580-316 of the Family Court Act.

(b) A party or witness seeking to testify by telephone, audio-visual means or other electronic means must complete an application on the form officially promulgated by the Chief Administrator of the Courts and set forth in Chapter IV of Subtitle D of this Title and, except for good cause shown, must file such application with the court not less than three days in advance of the hearing date. The applicant shall attempt to arrange to provide such testimony at a designated tribunal or the child support enforcement agency, as defined in the Federal Social Security Act (42 U.S.C. title IV-D) in that party's state, or county if within the State. The court may permit the testimony to be taken at any suitable location acceptable to the court, including but not limited to, the party's or witness' counsel's office, personal residence or place of business.

(c) The applicant must provide all financial documentation ordered to be disclosed by the court pursuant to section 424 or 580-316 of the Family Court Act, as applicable, before he or she will be permitted to testify by telephone, audio-visual means or other electronic means. The financial documentation may be provided by personal delivery, mailing, fascimile, telecopier or any other electronic means that is acceptable to the court.

(d) The court shall transmit a copy of its decision by mail, fascimile, telecopier, or electronic means to the applicant and the parties. The court shall state its reasons in writing for denying any request to appear by telephone, audio-visual means or other electronic means.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.

Section 205.45 to 205.49 [Reserved]

Section 205.50 Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services Law.

(a) An order suspending judgment entered pursuant to section 631 of the Family Court Act or section 384-b(8)(c) of the Social Services Law shall be related to the adjudicated acts or omissions of respondent and shall contain at least one of the following terms and conditions requiring respondent to:

(1) sustain communication of a substantial nature with the child by letter or telephone at stated intervals;

(2) maintain consistent contact with the child, including visits or outings at stated intervals;

(3) participate with the authorized agency in developing and effectuating a plan for the future of the child;

(4) cooperate with the authorized agency's court-approved plan for encouraging and strengthening the parental relationship;

(5) contribute toward the cost of maintaining the child if possessed of sufficient means or able to earn such means;

(6) seek to obtain and provide proper housing for the child;

(7) cooperate in seeking to obtain and in accepting medical or psychiatric diagnosis or treatment, alcoholism or drug abuse treatment, employment or family counseling or child guidance, and permit information to be obtained by the court from any person or agency from whom the respondent is receiving or was directed to receive such services; and

(8) satisfy such other reasonable terms and conditions as the court shall determine to be necessary or appropriate to ameliorate the acts or omissions which gave rise to the filing of the petition.

(b) The order shall set forth the duration, terms and conditions of the suspended judgment and shall contain a date certain for review of respondent’s compliance not less than 30 days in advance of the expiration of the suspended judgment. The suspended judgment may last for up to one year and may, if exceptional circumstances warrant, be extended by the Court for one additional period of up to one year. A copy of the order, along with a current service plan, shall be furnished to the respondent. The order shall contain a written statement informing the respondent that a failure to obey the order may lead to its revocation and to the issuance of an order for the commitment of the guardianship and custody of a child. Where the child is in foster care, the order shall set forth the visitation plan for the child and the respondent, as well as for the child and his or her sibling or siblings, if any, and shall require the agency to notify the respondent of case conferences. The order shall further contain a determination in accordance with subdivision 12 of section 384-b of the Social Services Law of the existence of any person or persons to whom notice of an adoption would be required pursuant to section 111-b of the Domestic Relations Law and, if so, whether such person or persons were given notice of the termination of parental rights proceeding and whether such person or persons appeared.

(c) Not later than 60 days in advance of the expiration of the period of suspended judgment, the petitioner shall file a report with the Family Court and all parties, including the respondent and his or her attorney, the law guardian and intervenors, if any, regarding the respondent’s compliance with the terms and conditions of the suspended judgment. The court may set additional times at which the respondent or the authorized agency caring for the child shall report to the court regarding compliance with the terms and conditions of the suspended judgment.

(d) If a respondent fails to comply with the terms and conditions of an order suspending judgment made pursuant to section 631 of the Family Court Act or section 384-b(8)(c) of the Social Services Law:

(1) a motion or order to show cause seeking the revocation of the order may be filed;

(2) the affidavit accompanying the motion or order to show cause shall contain a concise statement of the acts or omissions alleged to constitute noncompliance with the order;

(3) the motion or order to show cause shall be served upon the respondent by mail at the last known address or as directed by the court and shall be served upon all attorneys, the law guardian and intervenors, if any;

(4) during the pendency of the motion or order to show cause, the period of the suspended judgment is tolled; and

(5) if, after a hearing or upon the respondent’s admission, the court is satisfied that the allegations of the motion or order to show cause have been established and upon a determination of the child’s best interests, the court may modify, revise or revoke the order of suspended judgment or if exceptional circumstances warrant and the suspended judgment has not already been extended, the court may extend the suspended judgment for an additional period of up to one year.

(e) The court may at any time, upon notice and opportunity to be heard to the parties, their attorneys and the law guardian, revise, modify or enlarge the terms and conditions of a suspended judgment previously imposed.

(f) If the child remains in foster care during the pendency of a suspended judgment or after a suspended judgment has been deemed satisfied or if guardianship and custody have been transferred to the agency as a result of a revocation of the suspended judgment, a permanency hearing must be scheduled for a date certain and must be completed immediately following or not more than 60 days after the earlier of the Family Court’s oral announcement of its decision or signing and filing of its written order. Subsequent permanency hearings must be held as required by section 1089 of the Family Court Act at intervals of not more than six months from the date of completion of the prior permanency hearing.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 5, 2001 eff. Jan. 31, 2001. Amended sec. title, (b).
Amended 205.50 on Oct. 26, 2005.

Section 205.51 Proceedings involving custody of a Native American child.

In any proceeding in which the custody of a child is to be determined, the petition shall set forth whether the child is a Native American child subject to the Indian Child Welfare Act of 1978 (25 USC 1901-1963) and the Court shall proceed further, as appropriate, in accordance with the provisions of that act.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 27, 1992 eff. Feb. 20, 1992.

Section 205.52 Adoption rules; application.

(a) Sections 205.53 through 205.55 of this Part shall be applicable to all agency and private-placement adoption proceedings in Family Court.

(b) In any agency adoption, a petition may be filed to adopt a child who is the subject of a termination of parental rights proceeding and whose custody and guardianship has not yet been committed to an authorized agency, provided that:

(1) the adoption petition is filed in the same court where the termination of parental rights proceeding is pending; and

(2) the adoption petition, supporting documents and the fact of their filing shall not be provided to the judge before whom the petition for termination of parental rights is pending until such time as fact-finding is concluded under that petition.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Sept. 23, 1991 eff. Sept. 30, 1991. Added (b).

Section 205.53 Papers required in an adoption proceeding.

(a) All papers submitted in an adoption proceeding shall comply with section 205.7 of this Part.

(b) In addition to those papers required by the Domestic Relations Law, the following papers, unless otherwise dispensed with by the court, shall be submitted and filed prior to the placement of any adoption proceeding on the calendar:

(1) a certified copy of the birth certificate of the adoptive child;

(2) an affidavit or affidavits by an attorney admitted to practice in the State of New York or, in the discretion of the court, by a person other than an attorney who is known to the court, identifying each of the parties;

(3) a certified marriage certificate, where the adoptive parents are husband and wife or where an individual adoptive parent is the spouse of the natural parent;

(4) a certified copy of a decree or judgment, where an adoptive parent's marriage has been terminated by decree or judgment;

(5) a certified death certificate, where an adoptive or natural parent's marriage has been terminated by death or where it is alleged that consent or notice is not required because of death;

(6) a proposed order of adoption;

(7) a copy of the attorney's affidavit of financial disclosure filed with the Office of Court Administration pursuant to section 603.23, 691.23, 806.14 or 1022.33 of this Title; and either an attorney's affirmation that the affidavit has been personally delivered or mailed in accordance with such rules or the dated receipt from the Office of Court Administration;

(8) an affidavit of financial disclosure from the adoptive parent or parents, and from any person whose consent to the adoption is required by law, setting forth the following information:

(i) name, address and telephone number of the affiant;

(ii) status of the affiant in the proceeding and relationship, if any, to the adoptive child;

(iii) docket number of the adoption proceeding;

(iv) the date and terms of every agreement, written or otherwise, between the affiant and any attorney pertaining to any fees, compensation or other remuneration paid or to be paid by or on behalf of the adoptive parents or the natural parents, directly or indirectly, including but not limited to retainer fees on account of or incidental to the placement or adoption of the child or assistance in arrangements for such placement or adoption;

(v) the total amount of fees, compensation or other remuneration to be paid to such attorney by the affiant, directly or indirectly, including the date and amounts of each payment already made, if any, on account of or incidental to the placement or adoption of the child or assistance in arrangements for such placement or adoption;

(vi) the name and address of any other person, agency, association, corporation, institution, society or organization who received or will receive any fees, compensation or other remuneration from the affiant, directly or indirectly, on account of or incidental to the birth or care of the adoptive child, the pregnancy or care of the adoptive child's mother or the placement or adoption of the child and on account of or incidental to assistance in arrangements for such placement or proposed adoption; the amount of each such fee, compensation or other remuneration; and the reason for or services rendered, if any, in connection with each such fee, compensation or other remuneration; and

(vii) the name and address of any person, agency, association, corporation, society or organization who has or will pay the affiant any fee, compensation or other remuneration, directly or indirectly, on account of or incidental to the birth or care of the adoptive child, the pregnancy or care of the adoptive child's mother, or the placement or adoption of the child and on account of or incidental to assistance in arrangements for such placement or adoption; the amount of each such fee, compensation or other remuneration; and the reason for or services rendered, if any, in connection with each such fee, compensation or other remuneration;

(9) in the case of an adoption from an authorized agency in accordance with title 2 of article 7 of the Domestic Relations Law, a copy of the criminal history summary report made by the New York State Office of Children and Family Services to the authorized agency pursuant to section 378-a of the Social Services Law regarding the criminal record or records of the prospective adoptive parent or parents and any adult over the age of 18 currently residing in the home, as well as a report from the New York State Central Registry of Child Abuse and Maltreatment regarding any indicated reports regarding the prospective adoptive parent or parents and any adult over the age of 18 currently residing in the home;

(10) in the case of an adoption from an authorized agency, an affidavit by the attorney for the agency attesting to the fact that no appeal from a surrender, surrender revocation or termination of parental rights proceeding is pending in any court and that a notice of entry of the final order of disposition of the surrender, surrender revocation or termination of parental rights proceeding had been served upon the law guardian, the attorneys for the respondent parents or the parents themselves, if they were self-represented, as well as any other parties; and

(11) in the case of an adoption from an authorized agency in which a post-adoption contact agreement has been approved by the Family Court in conjunction with a surrender of the child, a copy of the post-adoption contact agreement, as well as the order of the Court that approved the agreement as being in the child’s best interests.

(c) Prior to the signing of an order of adoption, the court may in its discretion require the filing of a supplemental affidavit by the adoptive parent or parents, any person whose consent to the adoption is required, the authorized agency and the attorney for any of the aforementioned, setting forth any additional information pertaining to allegations in the petition or in any affidavit filed in the proceeding.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Sept. 23, 1991; Feb. 5, 2001 eff. Jan. 31, 2001. Added (c)(9).
Amended 205.53 on Oct. 26, 2005.

Section 205.54 Investigation by disinterested person; adoption.

(a) The probation service or an authorized agency or disinterested person is authorized to, and at the request of the court, shall, interview such persons and obtain such data as will aid the court in determining the truth and accuracy of an adoption petition under article 7 of the Domestic Relations Law, including the allegations set forth in the schedule annexed to the petition pursuant to section 112(3) of that law and such other facts as are necessary to a determination of the petition.

(b) The adoptive parent or parents and other persons concerned with the proceeding shall be notified of the date, time and place of any interview by a disinterested person or authorized agency designated by the court in accordance with sections 112 and 116 of the Domestic Relations Law.

(c) The written report of the investigation conducted pursuant to subdivision (a) of this section shall be submitted to the court within 30 days from the date on which it was ordered, or earlier as the court may direct, unless, for good cause, the court shall grant an extension for a reasonable period of time not to exceed an additional 30 days.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.55 Special applications.

All applications, including applications to dispense with statutorily required personal appearances, the period of residence of a child, or the period of waiting after filing of the adoption petition, shall be made in writing and shall be accompanied by affidavits setting forth the reasons for the application and all facts relevant thereto.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.56 Investigation by disinterested person; custody; guardianship.

(a) The probation service or an authorized agency or disinterested person is authorized to, and at the request of the court, shall interview such persons and obtain such data as will aid the court in:

(1) determining custody in a proceeding under section 467 or 651 of the Family Court Act;

(2) exercising its power under section 661 of the Family Court Act to appoint a guardian of the person of a minor under the jurisdiction of the court.

(b) The written report of the investigation conducted pursuant to subdivision (a) of this section shall be submitted to the court within 30 days from the date on which it was ordered, or earlier as the court may direct, unless, for good cause, the court shall grant an extension for a reasonable period of time not to exceed an additional 30 days.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.57 Petition for guardianship by adoptive parent.

(a) When a petition for temporary guardianship has been filed by an adoptive parent or parents pursuant to section 115-c of the Domestic Relations Law, the clerk of the court in which the petition has been filed shall distribute a written notice to the adoptive parents and lawyers who have appeared, and to the Commissioner of Social Services or the Director of the Probation Service, as appropriate, indicating that:

(1) a petition for adoption must be filed in the court in which the application for temporary guardianship has been brought within 45 days from the date of the signing of the consent to the adoption;

(2) any order or decree of temporary guardianship will expire no later than nine months following its issuance or upon the entry of a final order of adoption whichever is sooner, unless, upon application to the court, it is extended for good cause; and

(3) any order or decree of temporary guardianship will terminate upon withdrawal or denial of a petition to adopt the child, unless the court orders a continuation of such order or decree.

(b) In addition to and without regard to the date set for the hearing of the petition, the clerk of the court shall calendar the case for the 45th day from the date of the signing of the consent to the adoption. If no petition for adoption has been filed by the 45th day, the court shall schedule a hearing and shall order the appropriate agency to conduct an investigation forthwith, if one had not been ordered previously.

Historical Note
Sec. filed April 3, 1989 eff. March 20, 1989.

Section 205.58 Proceedings for certification as a qualified adoptive parent or parents.

(a) Where the petition in a proceeding for certification as a qualified adoptive parent or parents alleges that petitioner or petitioners will cause a preplacement investigation to be undertaken, the petition shall include the name and address of the disinterested person by whom such investigation will be conducted.

(b) The report of the disinterested person conducting the preplacement investigation shall be filed by such person directly with the court, with a copy of such report delivered simultaneously to the applicant or applicants.

(c) The court shall order a report (1) from the statewide central register of child abuse and maltreatment setting forth whether the child or the petitioner is, or petitioners are, the subject of or another person named in an indicated report, as such terms are defined in section 412 of the Social Services Law, filed with such register; and (2) from the New York State Division of Criminal Justice Services setting forth any existing criminal record of such petitioner or petitioners, in accordance with section 115-d(3-a) of the Domestic Relations Law; provided, however, that where the petitioner(s) have been fingerprinted pursuant to section 378-a of the Social Services Law, the authorized agency in possession of a current criminal history summary report from the New York State Office of Children and Family Services may be requested to provide such report to the court in lieu of a report from the New York State Division of Criminal Justice Services.

Historical Note
Sec. filed May 29, 1990; amd. filed Feb. 5, 2001 eff. Jan. 31, 2001. Amended (c).

Section 205.59 Calendaring of proceedings for adoption from an authorized agency.

Proceedings for adoption from an authorized agency shall be calendared as follows:

(a) Within 60 days of the filing of the petition and documents specified in section 112-a of the Domestic Relations Law, the court shall schedule a review of said petition and documents to take place to determine if there is adequate basis for approving the adoption.

(b) If such basis is found, the court shall schedule the appearance of the adoptive parent(s) and child before the court, for approval of the adoption, within 30 days of the date of the review.

(c) If, upon the court's review, the court finds that there is not an adequate basis for approval of the adoption, the court shall direct such further hearings, submissions or appearances as may be required, and the proceeding shall be adjourned as required for such purposes.

Historical Note
Sec. filed Sept. 24, 1993 eff. Sept. 22, 1993.

Section 205.60 Designation of a facility for the questioning of children in custody (PINS).

Designation of facilities for the questioning of children pursuant to section 724(b)(ii) of the Family Court Act shall be in accordance with section 205.20 of this Part.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.61 Authorization to release a child taken into custody before the filing of a petition (PINS).

When a child is brought to a detention facility pursuant to section 724(b)(iii) of the Family Court Act, the administrator responsible for operating the detention facility is authorized, before the filing of a petition, to release the child to the custody of a parent or other relative, guardian or legal custodian when the events that occasioned the taking into custody appear to involve a petition to determine whether the child is a person in need of supervision rather than a petition to determine whether the child is a juvenile delinquent.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.62 Preliminary conferences and procedures (PINS).

(a) Any person seeking to originate a proceeding under Article 7 of the Family Court Act to determine whether a child is a person in need of supervision shall first be referred to the designated lead diversion agency, which may be either the probation service or the local department of social services. The clerk shall not accept any petition for filing that does not have attached the notification from the lead diversion agency required by section 735 of the Family Court Act and, in the case of a petition filed by a school district or school official, documentation of the efforts made by the school district or official to remediate the child’s school problems.

(b) The lead diversion agency shall begin to conduct preliminary conferences with the person seeking to originate the proceeding, the potential respondent and any other interested person, on the same day that such persons are referred to the diversion agency in order to gather information needed to assist in diversion of the case from petition, detention and placement through provision of or referral for services. The diversion agency shall permit any participant who is represented by a lawyer to be accompanied by the lawyer at any preliminary conference.

(c) During the preliminary conferences, the diversion agency shall ascertain, from the person seeking to originate the proceeding, a brief statement of the underlying events, an assessment of whether the child would benefit from diversion services, respite care and other alternatives to detention and, if known to that person, a brief statement of the factors that would be of assistance to the court in determining whether the potential respondent should be detained or released in the event that a petition is filed. Such factors include whether there is a substantial probability that the respondent would not be likely to appear in court if released, whether he or she would be likely to benefit from diversion services, whether all available alternatives to detention have been exhausted and, in the case of a child 16 years of age or older, whether special circumstances exist warranting detention. The diversion agency shall also gather information to aid the court in its determination of whether remaining in the home would be contrary to the child’s best interests and, where appropriate, whether reasonable efforts were made to prevent or eliminate the need for removal of the child from his or her home.

(d) At the first appearance at a conference by each of the persons listed in subdivision (b) of this section, the diversion agency shall inform such person concerning the function of the diversion process and that:

(1) he or she has the right to participate in the diversion process;

(2) the diversion agency is not authorized to and cannot compel any person to appear at any conference, produce any papers or visit any place, but if the person seeking to originate the proceeding does not cooperate with the diversion agency, he or she will not be able to file a petition. The court may direct the parties to cooperate with the diversion agency even after a petition has been filed;

(3) statements made to the diversion agency are subject to the confidentiality provisions contained in section 735 of the Family Court Act;

(4) if the diversion process is not successfully concluded for reasons other than the noncooperation of the person seeking to originate the proceeding, the diversion agency shall notify the person seeking to originate the proceeding in writing of that fact and that the person seeking to originate the proceeding is entitled to access to the court for the purpose of filing a petition; oral notification shall be confirmed in writing.

(e) If the diversion process is not successfully concluded, the diversion agency shall notify all the persons who participated therein, in writing, of that fact and of the reasons therefor, including a description of the services offered and efforts made to avert the filing of a petition. The notification shall be appended to the petition.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 16, 1988 eff. April 1, 1988.
Amended 205.62 on Oct. 26, 2005.

Section 205.63 [Repealed]

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 16, 1988 eff. April 1, 1988.
[Repealed] 205.63 on Oct. 26, 2005.

Section 205.64 Procedure when remanded child absconds (PINS).

(a) When a child absconds from a facility to which he or she was remanded pursuant to section 739 of the Family Court Act, written notice of that fact shall be given within 48 hours by an authorized representative of the facility to the clerk of the court from which the remand was made. The notice shall state the name of the child, the docket number of the pending proceeding in which the child was remanded, the date on which the child absconded, and the efforts made to secure the return of the child. Every order of remand pursuant to section 739 shall include a direction embodying the requirements of this subdivision.

(b) Upon receipt of the written notice of absconding, the clerk shall cause the proceeding to be placed on the court calendar no later than the next court day for such action as the court may deem appropriate and shall give notice of such court date to the petitioner, presentment agency and law guardian or privately retained counsel of the child.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.65 Terms and conditions of order adjourning a proceeding in contemplation of dismissal entered in accordance with section 749(a) of the Family Court Act (PINS).

(a) An order adjourning a proceeding in contemplation of dismissal pursuant to section 749(a) of the Family Court Act shall contain at least one of the following terms and conditions directing the respondent to:

(1) attend school regularly and obey all rules and regulations of the school;

(2) obey all reasonable commands of the parent or other person legally responsible for the respondent's care;

(3) avoid injurious or vicious activities;

(4) abstain from associating with named individuals;

(5) abstain from visiting designated places;

(6) abstain from the use of alcoholic beverages, hallucinogenic drugs, habit-forming drugs not lawfully prescribed for the respondent's use, or any other harmful or dangerous substance;

(7) cooperate with a mental health or other appropriate community facility to which the respondent is referred;

(8) restore property taken from the petitioner, complainant or victim, or replace property taken from the petitioner, complainant or victim, the cost of said replacement not to exceed $1,500;

(9) repair any damage to, or defacement of, the property of the petitioner, complainant or victim, the cost of said repair not to exceed $1,500;

(10) cooperate in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment or counseling services, and permit an agency delivering that service to furnish the court with information concerning the diagnosis, treatment or counseling;

(11) attend and complete an alcohol awareness program established pursuant to section 19.25 of the Mental Hygiene Law;

(12) abstain from disruptive behavior in the home and in the community; or

(13) comply with such other reasonable terms and conditions as may be permitted by law and as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of the petition.

(b) An order adjourning a proceeding in contemplation of dismissal pursuant to section 749(b) of the Family Court Act may set a time or times at which the probation service shall report to the court, orally or in writing, concerning compliance with the terms and conditions of said order.

(c) A copy of the order setting forth the terms and conditions imposed and the duration thereof shall be furnished to the respondent and to the parent or other person legally responsible for the respondent.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Nov. 15, 1991; Feb. 12, 1996 eff. Jan. 30, 1996.

Section 205.66 Terms and conditions of order in accordance with section 755 or 757 of the Family Court Act (PINS).

(a) An order suspending judgment entered pursuant to section 754 of the Family Court Act shall be reasonably related to the adjudicated acts or omissions of the respondent and shall contain at least one of the following terms and conditions directing the respondent to:

(1) attend school regularly and obey all rules and regulations of the school;

(2) obey all reasonable commands of the parent or other person legally responsible for the respondent's care;

(3) avoid injurious or vicious activities;

(4) abstain from associating with named individuals;

(5) abstain from visiting designated places;

(6) abstain from the use of alcoholic beverages, hallucinogenic drugs, habit-forming drugs not lawfully prescribed for the respondent's use, or any other harmful or dangerous substance;

(7) cooperate with a mental health or other appropriate community facility to which the respondent is referred;

(8) make restitution or perform services for the public good;

(9) restore property taken from the petitioner, complainant or victim, or replace property taken from the petitioner, complainant or victim, the cost of said replacement not to exceed $1,000;

(10) repair any damage to, or defacement of, the property of the petitioner, complainant or victim, the cost of said repair not to exceed $1,000;

(11) abstain from disruptive behavior in the home and in the community;

(12) cooperate in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment or counseling services, and permit an agency delivering that service to furnish the court with information concerning the diagnosis, treatment or counseling;

(13) attend and complete an alcohol awareness program established pursuant to section 19.25 of the Mental Hygiene Law;

(14) comply with such other reasonable terms and conditions as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of a petition.

(b) An order placing the respondent on probation in accordance with section 757 of the Family Court Act shall contain at least one of the following terms and conditions, in addition to any of the terms and conditions set forth in subdivision (a) of this section, directing the respondent to:

(1) meet with the assigned probation officer when directed to do so by that officer;

(2) permit the assigned probation officer to visit the respondent at home or at school;

(3) permit the assigned probation officer to obtain information from any person or agency from whom the respondent is receiving or was directed to receive diagnosis, treatment or counseling;

(4) permit the assigned probation officer to obtain information from the respondent's school;

(5) cooperate with the assigned probation officer in seeking to obtain and in accepting employment and employment counseling services;

(6) submit records and reports of earnings to the assigned probation officer when requested to do so by that officer;

(7) obtain permission from the assigned probation officer for any absence from the county or residence in excess of two weeks; or

(8) attend and complete an alcohol awareness program established pursuant to section 19.25 of the Mental Hygiene Law;

(9) do or refrain from doing any other specified act of omission or commission that, in the opinion of the court, is necessary and appropriate to implement or facilitate the order placing the respondent on probation.

(c) An order entered pursuant to section 754 of the Family Court Act may set a time or times at which the probation service shall report to the court, orally or in writing, concerning compliance with the terms and conditions of said order.

(d) A copy of the order setting forth the terms and conditions imposed and the duration thereof shall be furnished to the respondent and to the parent or other person legally responsible for the respondent.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Nov. 15, 1991; Feb. 12, 1996; Dec. 19, 1996; Nov. 12, 1998 eff. Nov. 5, 1998. Amended (a)(9), (10), (13).

Section 205.67 Procedures for compliance with Adoption and Safe Families Act (Persons in Need of Supervision proceeding).

(a) Pretrial detention; required findings. In any case in which detention is ordered by the court pursuant to section 728 or 739 of the Family Court Act, the court shall make additional, specific written findings regarding the following issues:

(1) whether the continuation of the respondent in his or her home would be contrary to his or her best interests; and

(2) whether reasonable efforts, where appropriate, were made, prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the respondent from his or her home, or, if the respondent had been removed from his or her home prior to such court hearing, whether reasonable efforts, where appropriate, were made to make it possible for the respondent to safely return home.

The court may request the petitioner, presentment agency, if any, and the local probation department to provide information to the court to aid in its determinations and may also consider information provided by the law guardian.

(b) Motion for an order that reasonable efforts are not required. A motion for a judicial determination, pursuant to section 754(2)(b) of the Family Court Act, that reasonable efforts to prevent or eliminate the need for removal of the respondent from his or her home or to make it possible to reunify the respondent with his or her parents are not required shall be governed by section 205.16 of this Part.

(c) Placement; required findings. In any case in which the court is considering ordering placement pursuant to section 756 of the Family Court Act, the petitioner, presentment agency, if any, local probation department and local commissioner of social services shall provide information to the court to aid in its required determination of the following issues:

(1) whether continuation in the respondent's home would be contrary to his or her best interests, and, if the respondent was removed from his or her home prior to the date of such hearing, whether such removal was in his or her best interests;

(2) whether reasonable efforts, where appropriate, were made, prior to the date of the dispositional hearing, to prevent or eliminate the need for removal of the respondent from his or her home, and, if the respondent was removed from his or her home prior to the date of such hearing, whether reasonable efforts, where appropriate, were made to make it possible for the respondent to return safely home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the respondent from his or her home were not made, but that the lack of such efforts was appropriate under the circumstances, the court order shall include such a finding;

(3) in the case of a respondent who has attained the age of 16, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; and

(4) in the case of an order of placement specifying a particular authorized agency or foster care provider, the position of the local commissioner of social services regarding such placement.

(d). Permanency hearing; extension of placement.

(1) A petition for a permanency hearing and, if applicable, an extension of placement, pursuant to section 756-a of the Family Court Act, shall be filed at least 60 days prior to the expiration of one year following the respondent’s entry into foster care; provided, however, that if the Family Court makes a determination, pursuant to section 754(2)(b) of the Family Court Act, that reasonable efforts are not required to prevent or eliminate the need for removal of the respondent from his or her home or to make it possible to reunify the respondent with his or her parents, the permanency hearing shall be held within 30 days of such finding and the petition for the permanency hearing shall be filed and served on an expedited basis as directed by the court.

(2) Following the initial permanency hearing in a case in which the respondent remains in placement, a petition for a subsequent permanency hearing and, if applicable, extension of placement, shall be filed at least 60 days prior to the expiration of one year following the date of the preceding permanency hearing.

(3) The permanency petition shall include, but not be limited to, the following: the date by which the permanency hearing must be held; the date by which any subsequent permanency petition must be filed; the proposed permanency goal for the child; the reasonable efforts, if any, undertaken to achieve the child's return to his or her parents and other permanency goal; the visitation plan for the child and his or her sibling or siblings and, if parental rights have not been terminated, for his or her parent or parents; and current information regarding the status of services ordered by the court to be provided, as well as other services that have been provided, to the child and his or her parent or parents.

(4) In all cases, the permanency petition shall be accompanied by the most recent service plan containing, at minimum: the child's permanency goal and projected time-frame for its achievement; the reasonable efforts that have been undertaken and are planned to achieve the goal; impediments, if any, that have been encountered in achieving the goal; the services required to achieve the goal; and a plan for the release or conditional release of the child, including information regarding steps to be taken to enroll the child in a school or, as applicable, vocational program.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.
Amended (d) on Oct. 26, 2005.

Section 205.68 to 205.69 [Reserved]

Section 205.70 Designation of persons to inform complainant of procedures available for the institution of family offense proceedings.

Pursuant to section 812 of the Family Court Act, the following persons are hereby designated to inform any petitioner or complainant seeking to bring a proceeding under article 8 of the Family Court Act of the procedures available for the institution of these proceedings, before such proceeding or action is commenced:

(a) within the City of New York:

(1) the commanding officer of the police precinct wherein the offense is alleged to have occurred; or

(2) any police officer attached to such precinct who is designated by such commanding officer;

(b) outside the City of New York:

(1) the commanding officer of any law enforcement agency providing police service in the county wherein the offense is alleged to have occurred; or

(2) any police officer attached to such law enforcement agency who is designated by such commanding officer;

(c) the district attorney, corporation counsel or county attorney in the county wherein the offense is alleged to have occurred, or any assistant district attorney, assistant corporation counsel or assistant county attorney who is designated by such district attorney, corporation counsel or county attorney;

(d) any probation officer in the employ of the State of New York, or any political subdivision thereof, providing probation service in the criminal court or in the intake unit of the Family Court in the county in which a proceeding may be instituted;

(e) the clerk of the Family Court and the clerk of the criminal court located in the county in which the proceeding may be instituted, or any clerk in that court designated by such clerk of the family or criminal court; and

(f) judges of all local criminal courts outside the City of New York having jurisdiction over the alleged offense.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.71 Preliminary probation conferences and procedures (family offenses).

(a) Any person seeking to file a family offense petition under article 8 of the Family Court Act may first be referred to the probation service concerning the advisability of filing a petition.

(b) Upon such referral, the probation service shall inform such person:

(1) concerning the procedures available for the institution of family offense proceedings, including the information set forth in subdivision 2 of section 812 of the Family Court Act; and

(2) that the person seeking to file a family offense petition is entitled to request that the probation service confer with him or her, the potential respondent and any other interested person concerning the advisability of filing a petition requesting:

(i) an order of protection;

(ii) a temporary order of protection; or

(iii) the use of the court's conciliation procedure.

(c) The probation service, at the request of the person seeking to file a family offense petition, shall commence conducting preliminary conferences concerning the advisability of filing a petition with that person, the potential respondent and any other interested person no later than the next regularly scheduled court day. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any preliminary conference by the lawyer, who shall be identified by the probation officer to the other party, and shall not discourage any person from seeking to file a petition.

(d) At the first appearance at a conference by each of the persons listed in subdivision (c) of this section, the probation service shall inform such person concerning the function and limitations of, and the alternatives to, the adjustment process, and that:

(1) the purpose of the adjustment process is to attempt through conciliation and agreement to arrive at a cessation of the conduct forming the basis of the family offense complaint without filing a petition in court;

(2) the probation service may confer with the persons listed in subdivision (c) of this section if it shall appear to the probation service that:

(i) there is a reasonable likelihood that the adjustment process will result in a cessation of the conduct forming the basis of the family offense complaint; and

(ii) there is no reasonable likelihood that the potential respondent will, during the period of the adjustment, inflict or threaten to inflict physical injury on the person seeking to obtain relief, or any other member of the same family or household, if the filing of a petition is delayed;

(3) the probation service is not authorized to, and shall not, compel any person, including the person seeking to file a family offense petition, to appear at any conference, produce any papers or visit any place;

(4) the person seeking to file a family offense petition is entitled to request that the probation service confer with him or her, the potential respondent and any other interested person concerning the advisability of filing a family offense petition under article 8 of the Family Court Act;

(5) if the assistance of the probation service is not requested or, if requested, is subsequently declined, the person seeking to file a family offense petition is entitled to have access to the court at any time, even after having consented to an extension of the adjustment period, and may proceed to file a family offense petition;

(6) no statements made during any preliminary conference with the probation service may be admitted into evidence at a fact-finding hearing held in the Family Court or at any proceeding conducted in a criminal court at any time prior to conviction;

(7) the adjustment process must commence within seven days from the date of the request for a conference, may continue for a period of two months from the date of that request and may be twice extended by the court for two periods of up to 60 days each upon written application to the court containing the consent and signature of the person seeking to file a family offense petition;

(8) if a petition is filed, a temporary order of protection may be issued for good cause shown, and unless a petition is filed, the court may not issue any order of protection;

(9) if the adjustment process is not successful, the persons participating therein shall be notified in writing of that fact, and that the person seeking to file a family offense petition is entitled to access to the court for that purpose;

(10) if the matter has been successfully adjusted, the persons participating therein shall be notified in writing of that fact; and

(11) if the adjustment of the matter results in a voluntary agreement concerning the cessation of the offensive conduct forming the basis of the family offense complaint:

(i) it shall be reduced to writing by the probation service, signed by both parties to it and submitted to the Family Court for approval;

(ii) if the court approves it, the court may, without further hearing, enter an order of protection pursuant to section 823 of the Family Court Act in accordance with the agreement; and

(iii) the order when entered shall be binding on the respondent and shall in all respects be a valid order.

(e) If the adjustment process is not commenced, the probation service shall give written notice to the persons listed in subdivision (c) of this section that:

(1) the adjustment process was not commenced, and the reasons therefor;

(2) the person seeking to file a family offense petition is entitled to access to the court for that purpose; and

(3) if applicable, the adjustment process was not commenced on the ground that the court would not have jurisdiction over the case, and the person seeking to file a family offense petition may test the question of the court's jurisdiction by filing a petition.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 205.72 Duties of the probation service and procedures relating to the adjustment process (family offenses).

(a) If the assistance of the probation service is requested by the person seeking to file a family offense petition, the adjustment process shall commence within seven days from the request. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any conference by the lawyer, who shall be identified by the probation officer to the other party, and shall not discourage any person from seeking to file a petition.

(b) If an extension of the period of the adjustment process is sought, the probation service shall, with the written consent of the person seeking to file a family offense petition, apply in writing to the court and shall set forth the services rendered, the date of commencement of those services, the degree of success achieved, the services proposed to be rendered and a statement by the assigned probation officer: that there is no imminent risk that, if an extension of the period is granted, the potential respondent will, during the extended period of adjustment, endanger the health or safety of the person seeking to file a family offense petition or any other member of the same family or household, and the facts upon which the opinion is based; and that the matter will not be successfully adjusted unless an extension is granted.

(c) The probation service shall discontinue its efforts at adjustment if, at any time:

(1) the person seeking to file a family offense petition or the potential respondent requests that it do so; or

(2) it appears to the probation service that:

(i) there is no reasonable likelihood that a cessation of the conduct forming the basis of the family offense complaint will result; or

(ii) there is an imminent risk that the potential respondent will inflict or threaten to inflict physical injury upon the person seeking to file a family offense petition or upon any other member of the same family or household; or

(iii) the potential respondent has inflicted or threatened to inflict physical injury on the person seeking to file a family offense petition or any other member of the same family or household since efforts at adjustment began.

(d) If the adjustment process is not successfully concluded, the probation service shall notify in writing all the persons who participated therein:

(1) that the adjustment process has not been successfully concluded, and the reasons therefor; and

(2) that the person seeking to file a family offense petition is entitled to access to the court for that purpose.

(e) If the adjustment process results in an agreement for the cessation of the conduct forming the basis of the family offense complaint:

(1) it shall be reduced to writing by the probation service, shall be signed by both parties to it, and shall be submitted to the court, together with a petition for approval of the agreement and a proposed order incorporating the agreement; and

(2) if the agreement is approved by the court, a copy of the order shall be furnished by the probation service to the person seeking to file a family offense petition and the potential respondent, in person if they are present, and by mail if their presence has been dispensed with by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

(a) The clerk of court for the Family Court in each county shall obtain and keep a record of unexecuted warrants issued pursuant to section 827 of the Family Court Act.

(b) At the end of each six-month period, on the first of January and on the first of July in each year, a report concerning all unexecuted warrants issued pursuant to section 827 of the Family Court Act shall be made and filed with the Office of Court Administration on a form to be supplied by the Office of Court Administration.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

(a) An order suspending judgment entered pursuant to section 841(b) of the Family Court Act shall contain at least one of the following terms and conditions directing the respondent to:

(1) stay away from the residence of the person against whom the family offense was committed;

(2) stay away from the place of employment or place of education attended by the person against whom the family offense was committed;

(3) abstain from communicating by any means, including, but not limited to, telephone, letter, e-mail or other electronic means with the person against whom the family offense was committed;

(4) abstain from repeating the conduct adjudicated a family offense at the fact-finding hearing;

(5) cooperate in seeking to obtain and in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, or employment or counseling or child guidance services, or participate in a batterer's educational program designed to help end violent behavior, and permit information to be obtained by the court from any person or agency from whom the respondent is receiving or was directed to receive such services or participate in such program;

(6) allow medical or psychiatric treatment to be furnished to the person against whom the family offense was committed, or any other named family member or household member who is a dependent of the respondent and whose need for medical or psychiatric treatment was occasioned, in whole or in part, by the conduct adjudicated a family offense;

(7) cooperate with the person against whom the family offense was committed, the head of the household or parent, in maintaining the home or household;

(8) pay restitution in an amount not to exceed $10,000; or

(9) comply with such other reasonable terms and conditions as the court shall deem necessary or appropriate to ameliorate the acts or omissions which gave rise to the filing of the petition.

(b) An order placing the respondent on probation in accordance with section 841(c) of the Family Court Act shall contain at least one of the following terms and conditions, directing the respondent to:

(1) observe one or more of the terms and conditions set forth in subdivision (a) of this section;

(2) meet with the assigned probation officer when directed to do so by that officer;

(3) cooperate with the assigned probation officer in arranging for and allowing visitation in the family residence or household; or

(4) cooperate in seeking to obtain and in accepting medical treatment, psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, or employment or counseling services, or participate in a batterer's educational program designed to help end violent behavior, and permit the assigned probation officer to obtain information from any person or agency from whom the respondent is receiving or was directed to receive such services or participate in such program;

(c) An order of protection entered in accordance with section 841(d) of the Family Court Act may, in addition to the terms and conditions enumerated in sections 842 and 842-a of the Family Court Act, require the petitioner, respondent or both, or, if before the court, any other member of the household, to:

(1) abstain from communicating by any means, including, but not limited to, telephone, letter, e-mail or other electronic means with the person against whom the family offense was committed;

(2) stay away from the place of employment or place of education attended by the person against whom the family offense was committed, of a child or a parent, or of another member of the same family or household;

(3) refrain from engaging in any conduct which interferes with the custody of a child as set forth in the order;

(4) cooperate in seeking to obtain and in accepting medical treatment, psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, or employment or counseling services, or participate in a batterer's educational program designed to help end violent behavior, and permit information to be obtained by the court from any person or agency from whom the respondent is receiving or was directed to receive such services or participate in such program;

(5) pay restitution in an amount not to exceed $10,000; or

(6) comply with such other reasonable terms and conditions as the court may deem necessary and appropriate to ameliorate the acts or omissions which gave rise to the filing of the petition.

(d) A copy of the order setting forth its duration and the terms and conditions imposed shall be furnished to the respondent and to the person or persons against whom the family offense was committed.

(e) Each order issued pursuant to section 828 or 841(b), (c), (d) or (e) of the Family Court Act shall contain a written statement informing the respondent that a failure to obey the order may result in commitment to jail for a term not to exceed six months. Each order issued pursuant to section 828 or 841(d) shall contain a written statement informing the respondent that a failure to obey the order may result in incarceration up to seven years.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Jan. 31, 1995; Nov. 12, 1998; Feb. 5, 2001 eff. Jan. 31, 2001. Amended (a)(3), (c)(1).

(a) When a child absconds from a shelter or holding facility to which the child was remanded pursuant to section 1027(b) or 1051(d) of the Family Court Act, written notice of that fact, signed by an authorized representative of the facility, shall be sent within 48 hours to the clerk of the court from which the remand was made. The notice shall state the name of the child, the docket number of the pending proceeding in which the child was remanded, the date on which the child absconded, and the efforts made to secure the return of the child. Every order of remand pursuant to section 1027(b) or 1051(d) shall include a direction embodying the requirement of this subdivision.

(b) Upon receipt of a written notice of absconding, the clerk of the court shall cause the proceeding to be placed on the calendar for the next court day for such action as the court shall deem appropriate, and shall give notice of such court date to the petitioner and law guardian or privately retained counsel of the child.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

(a) Temporary removal; required findings. In any case in which removal of the child is ordered by the court pursuant to part 2 of article 10 of the Family Court Act, the court shall set a date certain for a permanency hearing and shall make additional, specific written findings regarding the following issues:

(1) whether the continuation of the child in his or her home would be contrary to his or her best interests; and

(2) whether reasonable efforts, where appropriate, were made, prior to the date of the court hearing that resulted in the removal order, to prevent or eliminate the need for removal of the child from his or her home, and, if the child had been removed from his or her home prior to such court hearing, whether reasonable efforts, where appropriate, were made to make it possible for the child to safely return home. The petitioner shall provide information to the court to aid in its determinations. The court may also consider information provided by respondents, the law guardian, the non-respondent parent or parents, relatives and other suitable persons.

(b) Motion for an order that reasonable efforts are not required. A motion for a judicial determination, pursuant to section 1039-b of the Family Court Act, that reasonable efforts to prevent or eliminate the need for removal of the child from his or her home or to make it possible to reunify the child with his or her parents are not required shall be governed by section 205.16 of this Part.

(c) Placement; required findings. In any case in which the court is considering ordering placement pursuant to section 1055 of the Family Court Act, the petitioner shall provide information to the court to aid in its required determination of the following issues:

(1) whether continuation in the child's home would be contrary to his or her best interests and, if the child was removed from his or her home prior to or at the time of the dispositional hearing and a judicial determination has not yet been made, whether such removal was in his or her best interests;

(2) whether reasonable efforts, where appropriate, were made, prior to the date of the dispositional hearing, to prevent or eliminate the need for removal of the child from his or her home and, if the child was removed from his or her home prior to the date of such hearing, whether reasonable efforts, where appropriate, were made to make it possible for the child to return safely home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from his or her home were not made, but that the lack of such efforts was appropriate under the circumstances, the court order shall include such a finding;

(3) in the case of a child for whom the permanency plan is adoption, guardianship or some other permanent living arrangement other than reunification with the parent or parents of the child, whether reasonable efforts have been made to make and finalize such other permanency plan;

(4) in the case of a respondent who has attained the age of 14, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; and

(5) in the case of an order of placement specifying a particular authorized agency or foster care provider, the position of the local commissioner of social services regarding such placement.

(d) Permanency hearing. If the child or children is or are placed in foster care or directly placed with a relative or other suitable person, the court shall set a date certain for a permanency hearing under Article 10-A of the Family Court Act. All permanency hearings under Article 10-A shall be governed by section 205.17 of this Part.

Historical Note
Sec. filed Jan. 9, 1986; repealed, filed Feb. 13, 1989; new filed Feb. 5, 2001 eff. Jan. 31, 2001.
Amended 205.81 on Oct. 26, 2005.

(a) The clerk of court for the Family Court in each county shall obtain and keep a record of unexecuted warrants issued pursuant to article 10 of the Family Court Act.

(b) At the end of each six-month period, on the first of January and on the first of July in each year, a report concerning all unexecuted warrants issued pursuant to article 10 of the Family Court Act shall be made and filed with the Office of Court Administration on a form to be supplied by the Office of Court Administration.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

(a) An order suspending judgment entered pursuant to section 1052 of the Family Court Act shall, where the child is in foster care, set forth the visitation plan between respondent and the child and between the child and his or her sibling or siblings, if any, and shall require the agency to notify the respondent of case conferences. A copy of the order, along with a current service plan, shall be furnished to the respondent. Any order suspending judgment entered pursuant to section 1052 of the Family Court Act shall contain at least one of the following terms and conditions that relate to the adjudicated acts or omissions of the respondent, directing the respondent to:

(1) refrain from or eliminate specified acts or conditions found at the fact-finding hearing to constitute or to have caused neglect or abuse;

(2) provide adequate and proper food, housing, clothing, medical care, and for the other needs of the child;

(3) provide proper care and supervision to the child and cooperate in obtaining, accepting or allowing medical or psychiatric diagnosis or treatment, alcoholism or drug abuse treatment, counseling or child guidance services for the child;

(4) take proper steps to insure the child's regular attendance at school; and

(5) cooperate in obtaining and accepting medical treatment, psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, employment or counseling services, or child guidance, and permit a child protective agency to obtain information from any person or agency from whom the respondent or the child is receiving or was directed to receive treatment or counseling.

(b) An order pursuant to section 1054 of the Family Court Act placing the person to whose custody the child is released under the supervision of a child protective agency, social services officer or duly authorized agency, or an order pursuant to section 1057 placing the respondent under the supervision of a child protective agency, social services official or authorized agency, shall contain at least one of the following terms and conditions requiring the respondent to:

(1) observe any of the terms and conditions set forth in subdivision (a) of this section;

(2) cooperate with the supervising agency in remedying specified acts or omissions found at the fact-finding hearing to constitute or to have caused the neglect or abuse;

(3) meet with the supervising agency alone and with the child when directed to do so by that agency;

(4) report to the supervising agency when directed to do so by that agency;

(5) cooperate with the supervising agency in arranging for and allowing visitation in the home or other place;

(6) notify the supervising agency immediately of any change of residence or employment of the respondent or of the child; or

(7) do or refrain from doing any other specified act of omission or commission that, in the judgment of the court, is necessary to protect the child from injury or mistreatment and to help safeguard the physical, mental and emotional well-being of the child.

(c) When an order is made pursuant to section 1054 or 1057 of the Family Court Act:

(1) the court shall notify the supervising agency in writing of its designation to act and shall furnish to that agency a copy of the order setting forth the terms and conditions imposed;

(2) the order shall be accompanied by a written statement informing the respondent that a willful failure to obey the terms and conditions imposed may result in commitment to jail for a term not to exceed six months; and

(3) the court may, if it concludes that it is necessary for the protection of the child, direct the supervising agency to furnish a written report to the court at stated intervals not to exceed six months, setting forth whether, and to what extent:

(i) there has been any alteration in the respondent's maintenance of the child that is adversely affecting the child's health or well-being;

(ii) there is compliance with the terms and conditions of the order of supervision; and

(iii) the supervising agency has furnished supporting services to the respondent.

(d) A copy of the order, setting forth its duration and the terms and conditions imposed, shall be furnished to the respondent.

(e) If an order of supervision is issued in conjunction with an order of placement pursuant to section 1055 of the Family Court Act, the order shall, unless otherwise ordered by the court, be coextensive in duration with the order of placement and shall extend until the completion of the permanency hearing. The order of supervision shall be reviewed along with the placement at the permanency hearing.

Historical Note
Sec. filed Jan. 9, 1986; amd. filed Feb. 5, 2001 eff. Jan. 31, 2001. Amended (a).
Amended (e) on Oct. 26, 2005.

Historical Note
Sec. filed Jan. 9, 1986; repealed, filed Sept. 19, 1994 eff. Aug. 19, 1994.

(a) When a child placed pursuant to section 1055 of the Family Court Act absconds, written notice of that fact shall be sent within 48 hours to the clerk of the court from which the placement was made. The notice shall be signed by the custodial person or by an authorized representative of the place of placement and shall state the name of the child, the docket number of the proceeding in which the child was placed, the date on which the child absconded, and the efforts made to secure the return of the child. Every order of placement pursuant to section 1055 shall include a direction embodying the requirement of this subdivision.

(b) Upon receipt of the written notice of absconding, the clerk of the court shall cause the proceeding to be placed on the calendar no later than the next court day for such action as the court may deem appropriate.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

(a) In any case in which, pursuant to section 1038(c) of the Family Court Act, a videotape is made of an expert's interview with a child alleged to have been sexually abused, the attorney for the party requesting the videotaping, or the party, if unrepresented, shall promptly after the videotaping has been completed:

(1) cause to be prepared a duplicate videotape, certified by the preparer as a complete and unaltered copy of the original videotape;

(2) deposit the original videotape, certified by the preparer as the original, with the Clerk of the Family Court; and

(3) submit for signature to the judge before whom the case is pending a proposed order authorizing the retention of the duplicate videotape by the attorney, (or the party, if unrepresented) and directing that retention be in comformance with this section.

Both the original videotape and the duplicate thereof shall be labelled with the name of the case, the Family Court docket number, the name of the child, the name of the interviewer, the name and address of the technician who prepared the videotape, the date of the interview, and the total elapsed time of the videotape.

(b) Up receipt, the clerk shall hold the original videotape in a secure place limited to access only by authorized court personnel.

(c)

(1) Except as provided in paragraph (2) of this subdivision, the duplicate videotape shall remain in the custody of the attorney for the party who requested it, or the party, if not represented (the "custodian").

(2) The duplicate videotape shall be available for pretrial disclosure pursuant to article 10 of the Family Court Act and any other applicable law.

Consistent therewith, the custodian shall permit an attorney for a party, or the party, if not represented by counsel, to borrow the duplicate videotape for a reasonable period of time so that it may be viewed, provided the person to whom it is loaned first certifies, by affidavit filed with the court, that he or she will comply with this subdivision.

(3) A person borrowing the duplicate videotape as provided in paragraph (2) of this subdivision shall not lend it or otherwise surrender custody thereof to any person other than the custodian, and upon returning such videotape to the custodian, such person shall certify, by affidavit filed with the court, that he or she has complied with the provisions of this subdivision.

(4) Subject to court order otherwise, the duplicate videotape may not be viewed by any person other than a party or his or her counsel or prospective expert witnesses. No copy of the duplicate videotape may be made.

(d) Failure to comply with the provisions of this rule shall be punishable by contempt of court.

Historical Note
Sec. filed March 26, 1992 eff. March 13, 1992.