New York State Consolidated Laws
Family Court Act
Part 1 - Article 7 - Family Court
|714||Determination of age.|
|716||Substitution of petition.|
|718||Return of run away.|
S 711. Purpose. The purpose of this article is to provide a due
process of law (a) for considering a claim that a person is in need of
supervision and (b) for devising an appropriate order of disposition for
any person adjudged in need of supervision.
S 712. Definitions. As used in this article, the following terms shall
have the following meanings:
(a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is
incorrigible, ungovernable or habitually disobedient and beyond the
lawful control of a parent or other person legally responsible for such
child's care, or other lawful authority, or who violates the provisions
of section 221.05 or 230.00 of the penal law, or who appears to be a
sexually exploited child as defined in paragraph (a), (c) or (d) of
subdivision one of section four hundred forty-seven-a of the social
services law, but only if the child consents to the filing of a petition
under this article.
(b) "Detention". The temporary care and maintenance of children away
from their own homes as defined in section five hundred two of the
(c) "Secure detention facility". A facility characterized by
physically restricting construction, hardware and procedures.
(d) "Non-secure detention facility". A facility characterized by the
absence of physically restricting construction, hardware and procedures.
(e) "Fact-finding hearing". A hearing to determine whether the
respondent did the acts alleged to show that he violated a law or is
incorrigible, ungovernable or habitually disobedient and beyond the
control of his parents, guardian or legal custodian.
(f) "Dispositional hearing". A hearing to determine whether the
respondent requires supervision or treatment.
(g) "Aggravated circumstances". Aggravated circumstances shall have
the same meaning as the definition of such term in subdivision (j) of
section one thousand twelve of this act.
(h) "Permanency hearing". A hearing held in accordance with paragraph
(b) of subdivision two of section seven hundred fifty-four or section
seven hundred fifty-six-a of this article for the purpose of reviewing
the foster care status of the respondent and the appropriateness of the
permanency plan developed by the social services official on behalf of
(i) "Diversion services". Services provided to children and families
pursuant to section seven hundred thirty-five of this article for the
purpose of avoiding the need to file a petition or direct the detention
of the child. Diversion services shall include: efforts to adjust cases
pursuant to this article before a petition is filed, or by order of the
court, after the petition is filed but before fact-finding is commenced;
and preventive services provided in accordance with section four hundred
nine-a of the social services law to avert the placement of the child
into foster care, including crisis intervention and respite services.
Diversion services may also include, in cases where any person is
seeking to file a petition that alleges that the child has a substance
use disorder or is in need of immediate detoxification or substance use
disorder services, an assessment for substance use disorder; provided,
however, that notwithstanding any other provision of law to the
contrary, the designated lead agency shall not be required to pay for
all or any portion of the costs of such assessment or substance use
disorder or detoxification services, except in cases where medical
assistance for needy persons may be used to pay for all or any portion
of the costs of such assessment or services.
(j) "Substance use disorder". The misuse of, dependence on, or
addiction to alcohol and/or legal or illegal drugs leading to effects
that are detrimental to the person's physical and mental health or the
welfare of others.
(k) "Assessment for substance use disorder". Assessment by a provider
that has been certified by the office of alcoholism and substance abuse
services of a person less than eighteen years of age where it is alleged
that the youth is suffering from a substance use disorder which could
make a youth a danger to himself or herself or others.
(l) "A substance use disorder which could make a youth a danger to
himself or herself or others". A substance use disorder that is
accompanied by the dependence on, or the repeated use or abuse of, drugs
or alcohol to the point of intoxication such that the person is in need
of immediate detoxification or other substance use disorder services.
(m) "Substance use disorder services". Substance use disorder services
shall have the same meaning as provided for in section 1.03 of the
mental hygiene law.
S 713. Jurisdiction. (a) The family court has exclusive original
jurisdiction over any proceeding involving a person alleged to be a
person in need of supervision.
S 714. Determination of age. (a) In determining the jurisdiction of
the court under section seven hundred thirteen the age of the respondent
at the time the need for supervision allegedly arose is controlling.
(b) If the respondent is within the jurisdiction of the court, but the
proceedings were initiated after the respondent's eighteenth birthday,
the family court shall dismiss a petition to determine whether a person
is in need of supervision.
S 716. Substitution of petition. On its own motion and at any time in
the proceedings, the court may substitute a neglect petition under
article ten for a petition to determine whether a person is in need of
S 717. Venue. Proceedings under this article are originated in the
county in which the act or acts referred to in the petition allegedly
occurred. On motion made on behalf of the respondent or by his parent or
other person legally responsible for his care or on the court's motion,
and for good cause shown, the court may transfer the proceedings to
S 718. Return of run away. (a) A peace officer, acting pursuant to
such peace officer's special duties, or a police officer may return to a
parent or other person legally responsible for such child's care any
child under the age of eighteen who has run away from home without just
cause or who, in the reasonable conclusion of the officer, appears to
have run away from home without just cause. For purposes of this action,
a police officer or peace officer may reasonably conclude that a child
has run away from home when the child refuses to give his or her name or
the name and address of a parent or other person legally responsible for
such child's care or when the officer has reason to doubt that the name
or address given are the actual name and address of the parent or other
person legally responsible for the child's care.
(b) A peace officer, acting pursuant to the peace officer's special
duties, or a police officer is authorized to take a youth who has run
away from home or who, in the reasonable opinion of the officer, appears
to have run away from home, to a facility certified or approved for such
purpose by the office of children and family services, if the peace
officer or police officer is unable, or if it is unsafe, to return the
youth to his or her home or to the custody of his or her parent or other
person legally responsible for his or her care. Any such facility
receiving a youth shall inform a parent or other person responsible for
such youth's care.
(c) If a child placed pursuant to this article in the custody of a
commissioner of social services or an authorized agency shall run away
from the custody of such commissioner or authorized agency, any peace
officer, acting pursuant to his special duties, or police officer may
apprehend, restrain, and return such child to such location as such
commissioner shall direct or to such authorized agency and it shall be
the duty of any such officer to assist any representative of the
commissioner or agency to take into custody any such child upon the
request of such representative.
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