Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 3. JUVENILE DELINQUENCY |
Part 4. THE FACT-FINDING HEARING |
Section 341.2. Presence of respondent and his parent
Latest version.
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1. The respondent and his counsel or law guardian shall be personally present at any hearing under this article and at the initial appearance. 2. If a respondent conducts himself in so disorderly and disruptive a manner that the hearing cannot be carried on with him in the courtroom, the court may order a recess for the purpose of enabling his parent or other person responsible for his care and his law guardian or counsel to exercise full efforts to assist the respondent to conduct himself so as to permit the proceedings to resume in an orderly manner. If such efforts fail, the respondent may be removed from the courtroom if, after he is warned by the court that he will be removed, he continues such disorderly and disruptive conduct. Such time shall not extend beyond the minimum period necessary to restore order. 3. The respondent's parent or other person responsible for his care shall be present at any hearing under this article and at the initial appearance. However, the court shall not be prevented from proceeding by the absence of such parent or person if reasonable and substantial effort has been made to notify such parent or other person and if the respondent and his law guardian or counsel are present.