(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