Family Court Act - Article 1 Overview

Vocabulary-style flashcards covering the establishment, jurisdiction, powers, and procedures of the New York State Family Court as outlined in Article 1 of the Family Court Act.

FCA 112 Applicability

Specifies that the Family Court Act applies statewide.

FCA 113 Establishment

There is a family court in each county of NYS as part of the unified court system.

Exclusive Jurisdiction

A term meaning that the proceedings over which the family court is given jurisdiction must be originated in the family court, subject to the jurisdiction of the supreme court.

FCA 115 Exclusive Jurisdiction Matters

Includes abuse and neglect proceedings, support proceedings, paternity determination, termination of parental rights, PINS, and juvenile delinquency proceedings.

FCA 116 Religion of Custodial Persons

The court must consider the religion of a child and, when practicable, place the child in the custody of a person or institution of the same religious faith.

FCA 117 Parts of Court

Requires a child abuse part in every county and a designated felony part in the $5$ NYC counties.

Designated Felonies

Crimes committed by persons age $13$-$17$ including Murder $1$ & $2$, Kidnapping $1$ & $2$, and Arson $1$ & $2$ among others.

FCA 118 Seal

Consists of an engraving of the arms of the state of New York and the words “Family Court of the State of New York” followed by the county name.

Duly Authorized Association, Agency, Society or Institution

An institution supported or controlled by the state, a social services official, or an entity empowered to care for children that is incorporated in NYS and approved by the Department of Family Assistance.

Infant or Minor

A person who has not attained the age of $18$ years.

FCA 120 Court Expenses

Salaries and expenses are a city charge within NYC and a county charge in counties outside NYC, except for Support Magistrates.

Support Magistrate Salaries

A state charge payable out of funds appropriated to the office of court administration.

FCA 151 Judges

Judges of the family court are magistrates.

FCA 153-A Warrant of Arrest Execution

May be executed $24/7$, including Sundays, and may involve the use of lawful physical force or breaking into premises after notice.

FCA 153-B Service of Process

Summons, petitions, and temporary orders of protection may be served $24/7$, including Sundays, by a peace or police officer.

FCA 153-C TOP Hearing

A hearing on a request for a temporary order of protection shall be held the same day or the next day the court is in session.

FCA 154-B Confidentiality of Address

Authorized by the court when disclosure would pose an unreasonable risk to the health or safety of a party or child.

FCA 154-D Local Criminal Court TOP Expiration

Generally expires $4$ calendar days after its issuance when made returnable in Family Court.

FCA 155-A Cash Bail (NYC)

May be accepted by a desk officer for an arrest between $2PM$ and $8AM$.

FCA 155-A Cash Bail (Outside NYC)

May be accepted by a desk officer for an arrest between $11AM$ and $8AM$.

FCA 158 Protective Custody Duration

Initial period of $14$ days for a material witness under $16$, renewable for a maximum total of $42$ days ($14+14+14$).

FCA 162-A Courtroom Restraints

Handcuffs, chains, shackles, irons, or straitjackets are prohibited for children under $21$ unless it is the least restrictive alternative to prevent injury, flight, or disruptive behavior.

FCA 166 Records

Court records are not open to indiscriminate public inspection, though the court may permit inspection at its discretion.

FCA 167 Presumption of Service

Whenever a person appears in court with respect to a summons, it is presumed that the summons was served upon them.

Special Immigrant Juvenile Status (SIJS) Requirements

The juvenile must be under $21$, unmarried, dependent on or placed by a juvenile court, unable to reunify with parents due to abuse/neglect/abandonment, and returning to their country is not in their best interest.