VIII GLOSSARY
-A-
ACD (Adjournment in Contemplation of Dismissal) — Adjournment of a proceeding, for a specified duration, with a view to ultimate dismissal of the petition in the furtherance of justice.
ACS — Administration for Children's Services. A city agency charged with investigating allegations of child abuse/neglect, encouraging family stability and when necessary, the placing of children in foster care and in adoptive homes.
Adjournment — A temporary postponement of the proceedings of a case until a specified future date.
Adoption — Legal proceeding whereby a person takes another into the relation of child and thereby acquires the rights and incurs the responsibilities of a parent.
Affidavit — Written statement made under oath.
Appeal — A proceeding to have a case examined by an appropriate higher court to see if a lower court's decision was made correctly according to law.
Appearance — The participation in the proceedings by a party summoned in an action, either in person or through an attorney.
A&R — Accounts and Records - statement of SCU account on order of support.
Assignment Part — Part to which all new cases are referred for service, allocution and adjournments.
-B-
BGT (Blood Grouping Test) — Order by the court which requires mother, alleged father, and child to submit to blood tests. Also known as Blood Genetic Marker Test.
B Petition — When an agency responsible for a child in foster care believes that the child’s parents have not kept in contact, have not planned for the child’s future, have abandoned the child, have severely or repeatedly abused the child, or are mentally ill or retarded in a way that may harm the child, the agency can file a petition to terminate parental rights to the child. If the court grants the petition, the child is freed for adoption.
-C-
Child Protective Agency — Any agency, association, corporation, institution, society or other organization which is incorporated or organized under the laws of this state with corporate power or empowered by law to care for, to place or to board out children.
Calendar — A tabular listing of a day's court cases.
CAPU (or CAP Unit) — Court Action Process Unit. When a litigant is required to serve court papers on an adverse party, the CAP unit will explain the procedure for such service to the litigant. In addition, the unit provides all parties to the case with copies of any orders resulting from a proceeding.
CASA — Court Appointed Special Advocates. Non-attorneys who work in aid of children in foster care.
Child Abuse — Situation where a child's (less than eighteen years of age) parent or person legally responsible for his/her care inflicts or allows physical injury to be inflicted upon him/her or commits, or allows to be committed, a sex offense against such child as defined in the penal law.
Child Neglect — Situation where a child (less than eighteen years of age) lacks proper care, including those where he/she suffers or is in imminent danger of suffering psychological or physical damage for any reason.
Change In Circumstances (CIC) — Term often used as a basis for modifying a court order.
CJJ — Commissioner of Juvenile Justice.
CLO (Court Liaison Officer) — Probation officer assigned to the court. This term is sometimes used to describe CWA case workers assigned to the court.
COI — Court ordered investigation usually performed by ACS.
Consent to Marry — The marriage of a minor who is at least 14 years of age and less than 16 years of age must have the consent of the court.
Corporation Counsel (Presentment Agency) — City agency which presents the case in support of a petition in a juvenile or designated felony case and which represents petitioners in USDL cases.
CSET — Child Support Enforcement Term of the Family Court, a special term with city-wide jurisdiction seated in New York County to handle support enforcement when the person to be supported receives public assistance.
CSS — Commissioner of Social Service
Custody (V Petition) — Petition seeking to establish that a person is legally declared to be responsible for the care of a child.
-D-
Default — Omission, failure, absence of that which is required to be done.
Designated Felony Acts (E Petition) — Certain serious violent act crimes committed by a 13, 14 or 15 year-old.
DFY (Division for Youth) — See NYS Office of Children and Family Services
Dismissal — Termination of a proceeding for a prescribed reason.
Dismissal Without Prejudice — Permits the complainant to sue again on the same cause of action, while dismissal with prejudice bars the right to bring or maintain an action on the same claim or cause.
District Attorney — An attorney deputized as chief prosecutor whose official duty is to conduct criminal proceedings on behalf of the People against persons accused of
committing criminal offenses.
Division of Legal Services — Office in ACS which provides legal services on behalf of cases brought by ACS.
Docket Number — Numbers sequentially assigned to new cases filed in the court.
DSS — Department of Social Services
-E-
Emergency Removal — The taking of a child from the home because the child is in danger.
Ex Parte — An application to the court made without notice to other parties; an application of only one party.
Extra Judicial Surrender — A written surrender of a child by a parent which is not executed and acknowledged before a judge, but executed before witnesses from an authorized agency. The agency must then file an application for approval of the surrender with the court.
18B Attorney — An attorney assigned by the court to represent a party in the Family Court. The assignment is made under County Law Sec. 18b.
-F-
Fact-Finding Hearing— The first trial in Family Court where it will be decided if the charges have been proven.
Family Offense (O Petition) — May claim that a person hurt or threatened a member of his/her family or household.
Foreign Registration — If the duty of support for any child, spouse or former spouse is based on a support order of a state other than New York, the petitioner shall have the additional remedy of registering the foreign support order with the clerk of a court of this state. The filing constitutes registration.
Foster Care — Care provided a child who has been removed from his/her home by court order or voluntarily by a parent.
Foster Care Reviews (K Petition) — If a child is in voluntary foster care for 12 continuous months or longer, the court must review the placement and will decide what to do with the child. This review could result in a parent losing the right to custody of his or her child, a child being returned to his or her parent(s), or a child remaining in foster care.
-G-
Guardian — Person to whom letters of guardianship have been issued for another person, their property or both, of an infant or mentally retarded or developmentally disabled person.
Guardian Ad Litem — Person (need not be a lawyer) appointed by a court to represent a minor or incompetent for purpose of litigation.
Guardianship — Control or management of the person or property, or both of another who is incapable of acting for himself/herself.
-H-
HE — Hearing Examiner
HLA/DNA — Human leucocyte blood tissue test. DNA is an alternative to blood genetic marker tests.
HRA — Human Resources Administration
-I-
IDO — Income or Payroll Deduction Order
IEO — Income Execution Order
Inquest — A proceeding in the Family Court where the respondent, after having been
provided due notice, fails to appear, and the petitioner alone introduces testimony.
Intake — First court proceeding in Family Court where the petition is read and
charges/demands explained.
I&R — Investigation and Report by the Probation Department or ACS.
-J-
Judgment — Decision or determination of a court.
Judicial Surrender — A surrender of a child to an authorized agency for the purpose of adoption which is executed and acknowledged before a judge of the Family Court or a Surrogate in this state.
Jurisdiction — Legal power, right and authority to hear and decide cases; geographical area within which authority may be exercised.
Juvenile Delinquent — A person over 7 and under 16 who commits an act that would be a crime if it were done by an adult.
-K-
Kinship Foster Care — Foster care placement with a family member.
-L-
Law Guardian — Lawyer assigned by the court to act as a child's attorney.
-M-
MHS — Mental Health Study/Mental Health Services
Minor — Any child under the age of 18 years in the State of New York.
Motion — Application to a court for an order, ruling or decision.
Motion Granted — An order granting a specific relief requested in a motion.
Motion To Dismiss — An application to the court for an order dismissing a petition.
-N-
New York State Office of Children and Family Services — A New York State agency which administers the institutional placement of minors after juvenile delinquency findings.
Notice of Appeal — Written notice of intent to appeal a decision/order of a Family Court judge. An appeal shall be taken by filing the original notice of appeal with the clerk of the Family Court in which the order was made.
-O-
Objection To Hearing Examiner’s Order — A specific written objection to an order made by a hearing examiner, which is reviewed by a judge.
Order Modified — An order is modified when the court changes the conditions or terms of an order made by a court.
Order of Filiation — A finding by the court that a male party to a paternity case is the father of the child in question.
Order of Paternity — A court order stating that paternity has been proven.
Order of Protection — Order prohibiting a person from harming or threatening another.
Order of Support — An order directing payments of child support or combined child and spousal support.
Order of Support Reinstated — An order reinstating an order of support previously suspended by the court.
Order of Support Terminated — An order that terminates an order of support based on findings of the court.
Order of Support Suspended — A temporary suspension of an order of support.
Order of Visitation — Order which provides that the person who has custody of a child(ren) must allow another person to visit the child(ren) on specific days and times.
Order To Produce — An order directing a state or city Commissioner of Corrections to produce an inmate for a court appearance.
-P-
Paternity Petition - Petition to determine if a man is the father of a child.
Permanent Neglect — Allegation by an agency responsible for a child in foster care who believes that the child’s parents have not kept in contact or have not planned for the child’s future, even though physically and financially able to do so, for a period of more than one year.
Person in Need of Supervision (PINS) — A person under the age of 16 who does not attend school and/or behaves in a way that is dangerous or out of control and/or often disobeys parents, guardians or other authorities.
Petition — A verified written request for a specific relief.
Petition Transferred — An order directing that a petition be transferred to another venue.
Placement — The commitment or assignment of a person to any facility or to any supervisory, care or treatment program.
Placement Extended — An order directing that commitment, assignment or care be extended.
Probation — Conditional freedom granted by a judicial officer to a juvenile in a
Juvenile Delinquency or PINS proceeding, as long as the person meets certain conditions of behavior.
Pro Se — Any person who represents himself/herself in a court proceeding.
Public Assistance — P.A. or Welfare
-R-
Registry — NYS Child Abuse Central Registry
Remand — The temporary removal of a child from his or her home during the pendency of a Juvenile Delinquency, PINS or Abuse and Neglect proceeding. During that period the child is remanded to the Office of Children and Family Services or to the Commissioner of Social Services for custodial care.
Respondent — The person who formally answers the allegations stated in a petition which has been filed in court.
-S-
Support Collection Unit (SCU) — Collects, accounts for and disburses funds paid pursuant to an order of support.
Stipulation — An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial.
Subpoena — A direction of the court issued by an attorney or the court, commanding a person to appear in court.
Subpoena Duces Tecum — A subpoena commanding a person to produce in court, certain designated documents or records.
Summons — A notice served by a petitioner or a respondent to commence a civil action.
Support Petition (F) — A petition filed to determine who is legally responsible for the support of a child, spouse or relative and how much support should be paid.
-T-
Temporary Order Of Support — An interim order issued during the pendency of a court case concerning the payment of support.
Termination of Parental Rights (TPR) — An order directing that the rights of a parent be permanently ended.
-U-
UCCJA — Uniform Child Custody Jurisdiction Act
UIFSA - Uniform Interstate Family Support Act. A nationwide law that encompasses registration, enforcement and modification provisions regarding child support and spousal support.
-V-
Venue — The particular county, city or geographical area in which a court with jurisdiction may hear and determine a case.
Verification — A sworn statement by a person signing a petition that the statements made in the petition are true.
Visitation (V Petition) — Proceeding which requests the right to visit with child(ren).
Voluntary Foster Care Placement (L Petition) — A court review of the voluntary placement of a child by a parent who is unable to care for a child.
VSA — Victim Services Agency
-W-
Waiver — An intentional and voluntary relinquishment of some known right.
Warrant For Child — An order issued by the court directing peace officers to produce a child.
Warrant For Respondent — An order issued by the court directing peace officers to arrest and/or produce respondent.
Writ of Habeas Corpus — An order issued by the court directing that a child be produced in court immediately. This order generally requires the assistance of a peace officer.