Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 7. PROCEEDINGS CONCERNING WHETHER A PERSON IS IN NEED OF SUPERVISION |
Part 1. JURISDICTION |
Section 712. Definitions
Latest version.
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As used in this article, the following terms shall have the following meanings: * (a) "Person in need of supervision". A person less than eighteen years of age who does not attend school in accordance with the provisions of part one of article sixty-five of the education law or who is incorrigible, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority, or who violates the provisions of section 221.05 of the penal law. * NB Effective until April 1, 2010 * (a) "Person in need of supervision". A person less than eighteen years of age who does not attend school in accordance with the provisions of part one of article sixty-five of the education law or who is incorrigible, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority, or who violates the provisions of section 221.05, 230.00, or 240.37 of the penal law. * NB Effective April 1, 2010 (b) "Detention". The temporary care and maintenance of children away from their own homes as defined in section five hundred two of the executive law. (c) "Secure detention facility". A facility characterized by physically restricting construction, hardware and procedures. (d) "Non-secure detention facility". A facility characterized by the absence of physically restricting construction, hardware and procedures. (e) "Fact-finding hearing". A hearing to determine whether the respondent did the acts alleged to show that he violated a law or is incorrigible, ungovernable or habitually disobedient and beyond the control of his parents, guardian or legal custodian. (f) "Dispositional hearing". A hearing to determine whether the respondent requires supervision or treatment. (g) "Aggravated circumstances". Aggravated circumstances shall have the same meaning as the definition of such term in subdivision (j) of section one thousand twelve of this act. (h) "Permanency hearing". A hearing held in accordance with paragraph (b) of subdivision two of section seven hundred fifty-four or section seven hundred fifty-six-a of this article for the purpose of reviewing the foster care status of the respondent and the appropriateness of the permanency plan developed by the social services official on behalf of such respondent. (i) "Diversion services". Services provided to children and families pursuant to section seven hundred thirty-five of this article for the purpose of avoiding the need to file a petition or direct the detention of the child. Diversion services shall include: efforts to adjust cases pursuant to this article before a petition is filed, or by order of the court, after the petition is filed but before fact-finding is commenced; and preventive services provided in accordance with section four hundred nine-a of the social services law to avert the placement of the child into foster care, including crisis intervention and respite services.