Purpose clauses, 2016
Due process era
Balanced and Restorative Justice (BARJ)
New York's purpose clause was effective in 1983 and is very short, mentioning the purpose of the article is to establish procedures in accordance with due process of law.
NY Family Ct Act §301.1
Intake and diversion, 2016
Initial intake and court diversion decision is at the discretion of the prosecutor or the juvenile court intake officer, divided by offense.
In New York, any person can take a child into custody under age 16, similar to a citizen’s arrest. A family court appearance ticket can be written by a peace officer, police officer, probation service director/designee or detention facility administrator/designee to serve as notice to appear at a designated probation service in connection with delinquency-related allegations (72 hours for certain felonious, or 14 days for other allegation types.) When a child is brought to detention or another facility, a detention hearing must be conducted within 72 hours or the next court day, whichever is sooner. Detention facilities can release the child to parents in some circumstances before the hearing. Following the detention hearing, a petition for delinquency must be filed and a probable-cause hearing held within four days. Depending on the location and magnitude of the allegations, the presentment authority may be a municipal corporation council (ex. city of New York), a county attorney, or county district attorney (DA). The term “Diversion Services” refers specifically to services for children and families that can divert from the need to file a 'Person in need of supervision (PINS)' petition or divert from placement before or after a petition is filed, but before fact-finding is commenced, to provide services, etc.
Once a complaint is received, but before a petition for delinquency is filed, JPO may adjust less severe cases or must refer the matter to a DA within 48 hours or the next court day, whichever is later. Certain priors and felonious allegations require DA and/or judicial approval prior to adjustment. Agreements can include conditions such as participation with services, employment for restitution, education reform programs, etc. for up to two months, and can be extended two more with consent of the court. Upon successful completion, the complaint/petition is dismissed.
Once a petition is filed by the DA, the court may order ‘adjournment in contemplation of dismissal’ and require conditions that include probation, etc. or conditional discharge to participate in an Education Reform Program, Short Term Safe House for sexually-exploited youth, alcohol and other drug programs, preventive services, education, employment, etc. for up to 6 months, though local practices vary in accordance with court rules.
Statutory time limits for pre- & post-petition court diversions exist.
In New York, pre-petition diversion agreements can be informally monitored for up to 2 months and extended 2 more with judicial consent. Once a petition is filed, the judge may order conditions for up to 6 months during ‘adjournment in contemplation of dismissal.’ Local practices may vary.
Courtroom shackling, 2015
No statewide restriction
In New York, the Family Court Act has provisions that align with the Dusky standard for juveniles alleged delinquent and believed to be incapacitated as a result of mental illness or developmental disability. General elements of the examination report are given, and the Chief Administrator of the courts must prescribe the form for the examination report used to assist with the determination. Court procedures are detailed with offense-level differences for disposition, treatment, and review.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity
Sex offender registration, 2015
Does not register