Family Court Act Article 3 - Juvenile Delinquency

Vocabulary and key procedural terms regarding Article 3 of the Family Court Act (Juvenile Delinquency) based on the VJC Clerk Academy lecture notes.

Juvenile Delinquent (Respondent)

A person at least 12 and less than 18 years of age who commits an act that would be a crime if committed by an adult; or a person 16-18 years old who commits a violation in the same transaction as a criminal act; or a child 7-12 who commits specific serious crimes like murder or manslaughter.

Fact-finding hearing

A hearing conducted to determine whether the respondent committed the crime(s) alleged in the petition; the standard of proof is beyond a reasonable doubt.

Dispositional hearing

A hearing conducted to determine whether the respondent requires supervision, treatment, or confinement; the standard of proof is a preponderance of the evidence.

Presentment Agency

The agency responsible for presenting a juvenile delinquency petition, specifically Corporation Counsel in NYC, County Attorney outside NYC, or the District Attorney for designated felony acts.

Designated Felony Act

Specific serious Penal Law sections (e.g., Murder, Kidnapping 1, Arson 1) which allow for more severe penalties and require stricter petition requirements under FCA 311.1(5).

Designated class A felony act

A designated felony act that would constitute a class A felony if committed by an adult.

Secure Facility

A facility characterized by physically restrictive construction, hardware, and procedures, designated as such by the division of youth.

Incapacitated person

A respondent who, due to mental illness or intellectual/developmental disability, lacks the capacity to understand the proceedings or assist in their own defense.

Aggravated circumstances

A condition in which a child has been found to be an abused child, or a severely or repeatedly abused child.

Permanency hearing

A hearing held to review the foster care status of the respondent and the appropriateness of the permanency plan developed by the Commissioner of Social Services or OCFS.

DJREM

A memory tool for affirmative defenses in JD proceedings: Duress, Justification, Renunciation, and Mental defect.

Duress

An affirmative defense where the respondent is forced or coerced with the threat of imminent force.

Justification

An affirmative defense where the conduct is required by law, performed by a public servant, or necessary to avoid imminent injury.

Renunciation

An affirmative defense involving the withdrawal from participation while attempting to commit an offense.

Mental defect

An affirmative defense where the respondent lacks capacity to know the nature and consequences of their conduct or that it was wrong.

Appearance Ticket

A written notice given after arrest to appear at a designated probation service; for designated felonies, it is returnable within 72 hours, and for all other cases, within 14 days.

Adjustment

A probation service process to avoid a delinquency proceeding; it may last 3 months with a potential 2-month extension with court leave.

Adjournment in Contemplation of Dismissal (ACD)

A pre-trial adjournment of the fact-finding hearing for up to 6 months with the goal of ultimately dismissing the petition in the furtherance of justice.

Initial Appearance

The proceeding in which the respondent first appears before the court after a petition has been filed; the court must appoint an attorney at this time.

Probable Cause Hearing

A hearing required if a respondent denies charges and is to be detained more than 3 days; it must be held within 3 days of initial appearance or 4 days of filing the petition.

Fingerprinting Requirements (FCA 306.1)

Compulsory if a child is 12 or older and charged with an A or B felony, or 13 or older and charged with a C, D, or E felony.

Conditional Discharge (Disposition)

A dispositional alternative where the respondent is released without probation supervision for a term of up to 1 year, subject to specific conditions.

Probation (Disposition)

A dispositional alternative where the respondent is released under the supervision of a probation officer for a period of up to 2 years.

Restrictive Placement

A disposition for respondents found to have committed a designated felony act; it can last up to 5 years for Class A felonies and 3 years for other designated felonies.

Evidence Admissibility (CRAM)

To be admissible at a fact-finding hearing, evidence must be Competent (non-hearsay), Relevant, and Material.

Maximum Restitution

The maximum amount of restitution a court may order in a juvenile delinquency proceeding is $1500$.