Section 115. Jurisdiction of family court  


Latest version.
  • (a)  The  family  court has
      exclusive original jurisdiction over
        (i) abuse and neglect proceedings, as set forth in article ten;
        (ii) support proceedings, as set forth in article four;
        (iii) proceedings to  determine  paternity  and  for  the  support  of
      children born out-of-wedlock, as set forth in article five;
        (iv)   proceedings   to   permanently  terminate  parental  rights  to
      guardianship and custody of a child: (A) by reason of permanent neglect,
      as set forth in part one of article six of this act and paragraph (d) of
      subdivision four of section three hundred eighty-four-b  of  the  social
      services  law,  (B)  by reason of mental illness, mental retardation and
      severe or repeated child abuse, as set forth in paragraphs (c)  and  (e)
      of subdivision four of section three hundred eighty-four-b of the social
      services  law,  and  (C)  by reason of the death of one or both parents,
      where no  guardian  of  the  person  of  the  child  has  been  lawfully
      appointed,  or by reason of abandonment of the child for a period of six
      months immediately prior to the filing of the petition, where a child is
      under the jurisdiction of the family court as a result of a placement in
      foster care by the family court pursuant to article ten or ten-A of this
      act or section three hundred fifty-eight-a of the social  services  law,
      unless the court declines jurisdiction pursuant to section three hundred
      eighty-four-b of the social services law;
        (v) proceedings concerning whether a person is in need of supervision,
      as set forth in article seven; and
        (vi)  proceedings  concerning  juvenile  delinquency  as  set forth in
      article three.
        (b) The family court has such other jurisdiction as is  set  forth  in
      this act, including jurisdiction over habeas corpus proceedings and over
      applications   for  support,  maintenance,  a  distribution  of  marital
      property and custody in matrimonial actions when referred to the  family
      court  by  the  supreme court, conciliation proceedings, and proceedings
      concerning physically handicapped and  mentally  defective  or  retarded
      children.
        (c)  The  family  court  has such other jurisdiction as is provided by
      law, including but not limited to: proceedings concerning  adoption  and
      custody  of children, as set forth in parts two and three of article six
      of this  act;  proceedings  concerning  the  uniform  interstate  family
      support  act,  as  set  forth in article five-B of this act; proceedings
      concerning children in foster care and care and custody of children,  as
      set  forth  in  sections  three  hundred fifty-eight-a and three hundred
      eighty-four-a of the social services law and article ten-A of this  act;
      proceedings concerning guardianship and custody of children by reason of
      the  death of, or abandonment or surrender by, the parent or parents, as
      set forth  in  sections  three  hundred  eighty-three-c,  three  hundred
      eighty-four  and  paragraphs  (a) and (b) of subdivision four of section
      three hundred eighty-four-b of  the  social  services  law;  proceedings
      concerning  standby  guardianship  and guardianship of the person as set
      forth in part four of article six of this act and article  seventeen  of
      the  surrogate's  court  procedure  act;  and proceedings concerning the
      interstate compact on juveniles as set  forth  in  chapter  one  hundred
      fifty-five  of  the laws of nineteen hundred fifty-five, as amended, the
      interstate compact on the placement of children, as set forth in section
      three hundred seventy-four-a of the social services law, and the uniform
      child custody jurisdiction and enforcement act, as set forth in  article
      five-A of the domestic relations law.
        (d)  Notwithstanding  subdivisions  (a)  through  (c) of this section,
      jurisdiction of the family court and  tribal  courts  of  Indian  tribes
      designated  by  the  Secretary  of the Interior over those child custody
    
      proceedings provided for in articles three, seven, ten and ten-A of this
      act  and  sections  three  hundred  fifty-eight-a  and   three   hundred
      eighty-four-b  of  the  social services law involving Indian children as
      defined  in subdivision thirty-six of section two of the social services
      law shall be subject to the terms and conditions set forth in applicable
      sections of title twenty-five of the United States code;  provided  that
      tribal  courts  of  Indian tribes designated as such by the state of New
      York  shall  have  jurisdiction  over  such  child  custody  proceedings
      involving  Indian  children  to  the same extent as federally designated
      Indian tribes upon the approval of the  state  office  of  children  and
      family  services  pursuant to section thirty-nine of the social services
      law.
        (e) The family court has concurrent  jurisdiction  with  the  criminal
      court over all family offenses as defined in article eight of this act.
        (f)  The  family  court has jurisdiction to direct the commencement of
      proceedings to suspend the driving privileges, recreational licenses and
      permits, and license, permit, registration or authority to  practice  of
      persons  who are delinquent in their child or combined child and spousal
      support  obligations  or  persons  who  have  failed,  after   receiving
      appropriate  notice,  to  comply  with  summonses, subpoenas or warrants
      relating to paternity and child support  proceedings  as  set  forth  in
      sections  four  hundred  fifty-eight-a, four hundred fifty-eight-b, four
      hundred  fifty-eight-c,  five  hundred   forty-eight-a,   five   hundred
      forty-eight-b,  and  five  forty-eight-c  of this act. Such jurisdiction
      shall include jurisdiction over all boards, departments, authorities  or
      offices of the state for the purposes of implementing such section.