Family Court Act Article 3 - Juvenile Delinquency

Juvenile Delinquency: Definitions and Core Hearings (FCA 301.2)

A "Juvenile Delinquent" (Respondent) is not categorized as a defendant but as a respondent in Family Court proceedings. The definition includes three distinct categories of individuals:

Category 1: A person who is at least $12$ and less than $18$ years of age who has committed an act that would constitute a crime if committed by an adult.
Category 2: A person over $16$ and less than $17$ years of age, or a person over $16$ and less than $18$ years of age commencing $10/1/2019$ , having committed an act that would constitute a violation as defined by subdivision $3$ of $\text{PL } 10$ if committed by an adult, provided the violation occurred in the same transaction or occurrence as an alleged criminal act.
Category 3: A person over the age of $7$ and less than $12$ years of age who has committed one of the following specific crimes (if committed by an adult):
- Aggravated criminally negligent homicide ( $\text{PL } 125.11$ )
- Vehicular manslaughter $2$ ( $\text{PL } 125.12$ )
- Vehicular manslaughter $1$ ( $\text{PL } 125.13$ )
- Aggravated vehicular homicide ( $\text{PL } 125.14$ )
- Manslaughter $2$ ( $\text{PL } 125.15$ )
- Manslaughter $1$ ( $\text{PL } 125.20$ )
- Aggravated manslaughter $2$ ( $\text{PL } 125.21$ )
- Aggravated manslaughter $1$ ( $\text{PL } 125.22$ )
- Murder $2$ ( $\text{PL } 125.25$ )
- Aggravated murder ( $\text{PL } 125.26$ )
- Murder $1$ ( $\text{PL } 125.27$ )
Infancy and Removal: This also includes those not criminally responsible by reason of infancy or defendants in actions ordered removed from a criminal court to family court under $\text{CPL } 725$ .

Key Hearing Definitions (FCA 301.2):

Fact-finding hearing (FCA 301.2(6)): Conducted to determine whether the respondent(s) committed the crime(s) alleged in the petition(s).
- Standard of Proof: Beyond a reasonable doubt.
- Burden of Proof: The presentment agency.
Dispositional hearing (FCA 301.2(7)): Conducted to determine whether the respondent requires supervision, treatment, or confinement.
- Standard of Proof: Preponderance of the evidence.
- Burden of Proof: The presentment agency.

Designated Felony Acts and Penalties (FCA 301.2(8))

Certain sections of the Penal Law constitute a "designated felony act." If found to have committed such an act, the judge may impose more severe penalties at disposition. Petitions for designated felonies must adhere to stricter requirements under $\text{FCA } 311.1(5)$ .

Designated Felony Act Table:

Act	Age Range
Murder $1$ , $2$ (and attempts), Kidnapping $1$ , Kidnapping $2$ (with deadly force), Arson $1$ , $2$ , Sexually motivated felony, Assault $1$ , Manslaughter $1$ , Rape $1$ , Criminal sexual act $1$ , Aggravated sexual abuse $1$ , Robbery $1$ , Burglary $1$ , $2$ , Robbery $2$ , Possession of a machine gun or firearm on school grounds	$13-17$
Assault in the second degree (with prior finding), Robbery in the second degree (with prior finding)	$14-17$
Any felony other than a misdemeanor (with two prior findings)	$12-17$

Designated class A felony act: Refers to a designated felony act that would constitute a class A felony if committed by an adult.

Personnel and Institutional Definitions

Secure Facility: Characterized by physically restrictive construction, hardware, and procedures; designated as such by the division of youth.
Presentment Agency: The authority responsible for presenting the juvenile delinquency petition. This is a critical distinction:
- Corporation Counsel: In New York City (NYC).
- County Attorney: Outside NYC.
- District Attorney: Only involved on Designated Felony Acts.
Incapacitated Person: A respondent who, due to mental illness or intellectual/developmental disability, lacks the capacity to understand proceedings or assist in their own defense.
Aggravated Circumstances: A finding that a child has been abused, or severely/repeatedly abused (refer to $\text{FCA } 1012$ for full definition).
Permanency Hearing: An initial or subsequent hearing to review foster care status and the appropriateness of the permanency plan developed by the Commissioner of Social Services or the Office of Children and Family Services ( $\text{OCFS}$ ).

Jurisdiction and Statute of Limitations (FCA 302.1 - 302.2)

Jurisdiction Rules:

Exclusive Original Jurisdiction: Family Court has the exclusive right to determine if a person is a Juvenile Delinquent.
Age at Time of Offense: The jurisdiction is determined by the age of the individual at the time the act was committed.
Crimes and Violations: For youth over $16$ and less than $18$ (commencing $10/1/2019$ ), if a crime and violation arise from the same transaction, both are returnable in the court with jurisdiction over the crime.
Removal from Superior Court: If a case for an act committed before age $18$ is removed from the youth part of a superior court to family court, family court exercises jurisdiction even if the respondent turns $18$ before family court proceedings commence.

Statute of Limitations (FCA 302.2):

General Rule: A proceeding must be commenced within the limit under $\text{CPL } 30.10$ or before the respondent's $18\text{th}$ birthday, whichever is earlier.
Exception (Designated Felony): Does not restrict the $18\text{th}$ birthday threshold in the same manner.
Exception (Age $16$ or older): If the act was committed when the respondent was $16$ or older, the proceeding is timely if commenced within the $\text{CPL } 30.10$ period or prior to the respondent's $20\text{th}$ birthday, whichever occurs earlier.

Venue and Relationship to Criminal Law (FCA 302.3 - 303.3)

Venue:

Proceedings SHALL originate in the county where the acts occurred.
Transfer: A proceeding may be transferred to the respondent's residence for good cause shown on motion.
Dispositional Transfer: Unless a designated felony is involved, the dispositional hearing may be transferred to the respondent's county of residence.

Criminal Procedure Law (CPL) Applicability:

The $\text{CPL}$ does NOT apply unless the $\text{FCA}$ specifically states it does. However, courts may consider judicial interpretations of the $\text{CPL}$ to assist in interpreting similar $\text{FCA}$ provisions. (This contrasts with the $\text{CPLR}$ , which applies automatically unless the $\text{FCA}$ provides specific procedure).

Double Jeopardy (FCA 303.2):

In accordance with $\text{CPL } 40$ , a person may not be twice prosecuted for the same offense.

Affirmative Defenses (FCA 303.3):

Defenses from $\text{PL } 25, 35, 40, \& 40.15$ are available. The burden of proof for an affirmative defense is on the respondent by a fair preponderance of the evidence.
Memory Tool: "DJREM"
- D - Duress: Forced or coerced with threat of imminent force.
- J - Justification: Conduct required by law, court order, or necessary to avoid injury.
- RE - Renunciation: Withdrawing from participation in an attempted offense.
- M - Mental defect: Lacking capacity to appreciate the nature and consequences of conduct or that it was wrong.

Arrest, Custody, and Detention (FCA 304.1 - 305.2)

Police Custody Options:

Release the child to a parent/person legally responsible ( $\text{PLR}$ ) with an appearance ticket.
Take the child directly to Family Court (Mandatory for designated felonies if the court is open).
Take the child to a juvenile detention facility.
Take the child to an available short-term safe house (under specific conditions).

Detention Facilities (FCA 304.1):

Must be approved by $\text{OCFS}$ .
Children may not be detained in adult correctional facilities without $\text{OCFS}$ approval and stated reasons (reserved for extraordinary/heinous crimes).
Age Restriction: No secure detention for children under $13$ , unless they are at least $10$ AND facing JD qualifying charges.
No detention allowed for a mere violation.
Detention facilities must IMMEDIATELY notify parents of the location.

Temporary Order of Protection (TOP) (FCA 304.2):

Issued for good cause upon application by the presentment agency.
Can be issued after custody, with an appearance ticket, or upon filing of a petition.
A $TOP$ is not a finding of wrongdoing and can remain in effect until the dispositional order.

Private Person Custody (FCA 305.1):

A private person (e.g., a private security guard) can take a child under $16$ into custody for an act that would be a crime if committed by an adult. They must, without unnecessary delay, take the child to the child's home, the police, or Family Court.

Police Custody without a Warrant (FCA 305.2):

Notification: The officer must IMMEDIATELY notify the parent or $PLR$ .
Action: The officer must give an appearance ticket OR take the child "with all reasonable speed" (immediately and without visiting the police station first) to Family Court. If court is closed, take them to the most accessible magistrate.
Questioning: If questioning is necessary, it must occur in a facility designated by the Chief Administrator of the Courts. Questioning at a residence requires $\text{PLR}$ consent and must be for a reasonable period.
Miranda Rights: Mandatory before questioning.
Sexually Exploited Youth: May be taken to a short-term safe house if the child consents.

Fingerprinting and DCJS Duties (FCA 306.1 - 306.2)

Mandatory Fingerprinting:

Child is $12$ or older and charged with an $A$ or $B$ felony.
Child is $13$ or older and charged with a $C$ , $D$ , or $E$ felony.
Palm prints and photos may also be taken and are forwarded to the Division of Criminal Justice Services ( $\text{DCJS}$ ).

DCJS Processing:

$DCJS$ searches records for adjudications or pending matters and transmits findings to the officer.
The recipient officer sends $2$ copies of the report to the Family Court and $2$ copies to the presentment agency. The agency provides a copy to the respondent's counsel.

Appearance Tickets and Pre-Petition Detention (FCA 307.1 - 307.4)

Appearance Ticket Timing:

Designated Felony: Return date must be no more than $72$ hours after issuance (excluding weekends/holidays).
Other Situations: Return date must be within $14$ days of issuance.

Failure to Appear (FCA 307.2):

Probation may refer the matter to the Presentment Agency or attempt to secure attendance via phone/letter. If not secured within $7$ days, it MUST be referred.

Pre-Petition Detention (FCA 307.3):

Detention facilities MUST release the child if allegations do not involve a delinquent act.
If not released, the youth must be brought to Family Court (or a magistrate if court is closed). If a magistrate is unavailable, they must appear in Family Court within $72$ hours or the next court day.

Hearing Following Detention (FCA 307.4):

Determines jurisdiction and release/detention status. Attorney for the child is appointed.
Limit: Child cannot be detained for more than $4$ days without a petition and probable cause hearing.

Case Adjustment and Petition Origin (FCA 308.1 - 311.1)

Adjustment:

Probation attempts to "adjust" cases to avoid delinquency proceedings. Designated felonies and certain other crimes require court approval for adjustment.
Period: Maximum $3$ months, extendable by $2$ months with leave of court.
If adjustment fails, probation notifies the Presentment Agency within $48$ hours or the next court day.

Originating the Proceeding (FCA 310.1):

Only the Presentment Agency may originate the proceeding.

Petition Definition (FCA 311.1):

A written, verified accusation by an authorized presentment agency charging at least one crime. It must include the name of the court, title, age of the respondent, specific crime counts/dates/times, and a statement that the respondent requires supervision, treatment, or confinement.
Designated Felony Petition: Must be prominently marked. This title is stricken if allegations are dismissed/withdrawn.
Order of Removal: When filed with the Clerk, it is deemed the petition.

Amendments, Substitution, and Joinder (FCA 311.3 - 311.6)

Multiple Respondents: Single fact-finding hearing is held if respondents are charged with the same crime.
Substitution (FCA 311.4): A PINS (Person In Need of Supervision) petition may be substituted for a JD petition at any time during proceedings with concurrence. For trafficking victims, substitution is mandatory upon request unless there are prior JD adjudications.
Amendments (FCA 311.5): Court may amend for errors in form, time, place, or names. NOT amendable: failure to state a crime, legal insufficiency of allegations, or misjoinder of crimes.
Joinder (FCA 311.6): Acts are joinable if based on the same transaction, proof is material to each other, or they are defined by the same/similar statutes.

Warrants and Initial Appearance (FCA 312.2 - 320.5)

Warrant Issuance:

May be issued after petition filing if summons cannot be served, the person refused to obey a summons, is likely to flee, or failed to appear.
Warrant Reports: If a warrant is issued for failure to appear, the case is adjourned for a date certain within $30$ days for a report on efforts to locate the respondent.

Adjournment in Contemplation of Dismissal (ACD) (FCA 315.3):

Adjournment for $6$ months or less with the goal of dismissal in the furtherance of justice.

Initial Appearance (FCA 320.2):

The first appearance after a petition is filed. Court MUST appoint an attorney. Respondent enters admission/denial.
Detention Findings: Court may only detain if there is a substantial probability of non-appearance or a serious risk of committing a crime before the return date.

Probable Cause and Fact-Finding Timeframes (FCA 325.1 - 342.2)

Probable Cause Hearing (FCA 325.1):

Required if the respondent is to be detained for more than $3$ days pending fact-finding.
Timing: Within $3$ days of initial appearance or $4$ days of filing (whichever is sooner). Adjournments up to $3$ days on good cause.

Standard of Proof at Fact-Finding:

Guilt must be proven Beyond a Reasonable Doubt.
Evidence must be Competent (non-hearsay), Material, and Relevant.

Hearing Commencement Timeframes (FCA 340.1):

Detained (Class A, B, C Felony): Within $14$ days of conclusion of initial appearance.
Detained (Less than Class C Felony): Within $3$ days of conclusion of initial appearance.
Not Detained: Within $60$ days of conclusion of initial appearance.
Adjournments: Up to $3$ days for detained cases; up to $30$ days for non-detained (on good cause). Successive motions require Special Circumstances.

Rules of Evidence (FCA 343.1 - 344.4)

Children (FCA 343.1): Children under $9$ are presumed unable to testify under oath unless they understand the oath. No delinquency finding can rest SOLELY on unsworn testimony.
Accomplices (FCA 343.2): Finding cannot rest on accomplice testimony ALONE without corroboration linking respondent to the crime.
Impeachment (FCA 343.5): A party can only impeach their own witness with prior inconsistent statements if the testimony tends to disprove the party's case.
Statements (FCA 344.2): Confessions must be voluntary. Finding requires additional proof that the crime was committed beyond the confession.
Victim's Sexual Conduct (FCA 344.4): Generally inadmissible except for specific circumstances (e.g., prior conduct with accused, rebutting failure to engage in sex, or proven relevant by the court).
HIV Testing (FCA 347.1): Required if respondent committed an offense under $\text{PL } 130$ involving sexual intercourse, upon written request by the victim.

Dispositional Alternatives and Placement (FCA 350.1 - 355.5)

Dispositional Hearing Timing:

Detained (No Designated Felony): Within $10$ days of fact-finding.
Detained (Designated Felony): Within $50$ days of finding.
Not Detained: Within $50$ days of finding.
Adjournments: $10$ additional days for good cause.

Probation/Diagnostic Reports (FCA 351.1):

Probation investigation is Mandatory. Diagnostic assessments (psychological/psychiatric) are Mandatory for designated felonies.

Alternatives (FCA 352.2):

Conditional Discharge: Released without supervision for up to $1$ year.
Probation: Supervision for up to $2$ years.
Placement (FCA 353.3): Custody with relative, CSS, or $\text{OCFS}$ .
- Misdemeanor: Up to $12$ months.
- Felony: Up to $18$ months (extendable by $1$ year).
Restrictive Placement (FCA 353.5): For designated felonies.
- Class A Felony: Up to $5$ years.
- Other Designated Felonies: Up to $3$ years.
- Mandatory if serious injury to a person $62$ or older.

Post-Adjudication: Sealing and Appeals

Retention of Prints (FCA 354.1): Court notifies $DCJS$ of felony adjudications. If dismissed or less than felony (for age $12$ ), $DCJS$ must destroy records.
Sealing (FCA 375.1): Automatic if terminated in favor of respondent. Motion to seal by respondent (FCA 375.2) can be made after a finding if justice requires.
Appeals (FCA 365.1 - 365.3): As of right for dispositional orders. $30$ days for certain motions. Notice filed in duplicate with the Clerk of Court.

Article 3 Quiz and Answer Key

Quiz Questions:

FCA 301.2 Which of the following correctly defines a "juvenile delinquent"?
- a. a person at least $12$ and less than $18$ years of age, having committed an act that would constitute a crime if committed by an adult; person over $16$ and less than $17$ years of age or a person over $16$ and less than $18$ years of age commencing on $10/1/2019$ having committed an act that would constitute a violation if committed by an adult… or a person over the age of $7$ and less than $12$ … committing specific serious crimes.
- b. a person at least $10$ and less than $21$ …
- c. a person over $14$ and less than $18$ …
- d. a person over $16$ and less than $18$ … regardless of circumstances.
FCA 302.2 Statute of limitations for JD misdemeanors is $2$ years or up to respondent's ____ birthday, whichever occurs earlier.
- a. $20\text{th}$
- b. $18\text{th}$
- c. $21\text{st}$
- d. $17\text{th}$
FCA 302.2 Statute of limitations for JD designated felonies is $5$ years or respondent's ____ birthday, whichever occurs earlier.
- a. $20\text{th}$
- b. $18\text{th}$
- c. $21\text{st}$
- d. $17\text{th}$
FCA 302.3 Venue in JD proceeding is ________
FCA 306.1 Fingerprints of JD must be taken if $12$ or older and charged with ____
FCA 342.2 At fact-finding hearing (JD) evidence must be __________________
FCA 350.1 If respondent is detained and not been found to have committed a designated felony, dispositional hearing must be held not more than ____ days after entry of fact-finding order.
- a. $20$
- b. $7$
- c. $10$
- d. $5$
FCA 353.6 Maximum JD restitution is $\text{\$1500}$
FCA 375.2 A motion to seal a JD file after a finding cannot be made until the respondent has reached his ____ birthday.
- a. $10\text{th}$
- b. $16\text{th}$
- c. $14\text{th}$
- d. $18\text{th}$
FCA 355.5 After a child is placed with the commissioner of social services or office of children and family services for a period of ____ months or more, an initial permanency hearing must be held no later than ____ months after respondent entered foster care.

Answers:

A
B ( $18\text{th}$ )
A ( $20\text{th}$ )
County in which acts allegedly occurred.
$A$ or $B$ felony (and if $13$ or older, charged with $C$ , $D$ , or $E$ felony).
Material, relevant, & competent (CRAM).
C ( $10 \text{ days}$ ).
$\text{\$1500}$
D ( $18\text{th}$ ).
$12 \text{... } 12 \text{ (months)}$ .