Family Court Act, Article 3, Juvenile Delinquency Part 6, § 365.2: Appeal by Permission

A juvenile delinquency case has two major parts: the fact-finding hearing and the dispositional hearing. The fact-finding hearing is similar to a criminal trial. The accused minor is known as the "respondent" and the party bringing the case is known as the "presentment agency." A juvenile delinquency case is initiated when the presentment party files a petition with Family Court naming the minor. At a fact-finding hearing a determination is not made as to whether or not the accused is guilty or not guilty. Instead, a determination is made as to whether or not the minor did the acts described in the petition that for an adult would amount to a crime. If such a determination is made, the next step is the dispositional hearing. The dispositional hearing is analogous to the sentencing phase of a criminal case. At the conclusion of the dispositional hearing the judge will issue an "order of disposition." The law, however, gives both the respondent and the presentment agency the right to appeal. Generally, the respondent has the right to appeal any order of disposition. However, under New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.2, the court has the authority to allow the respondent to appeal any order.

1. Order of disposition: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.2
2. Probation: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.2
3. Placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.3
4. Designated felony acts; restrictive placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.5
5. Appeal; authorized as of right: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.1
6. Appeal by permission: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.2
7. Notice of appeal: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.3

An appeal may be taken by the respondent, in the discretion of the appropriate appellate division, from any other order under this article.

If a delinquency petition has been filed against your child it is critical that your child has experienced representation from the beginning of the case until it is resolved. Juvenile delinquency procedure is complicated. The outcome of your child's case could have a significant impact on his or her future. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing juvenile clients in New York Family Court as well as in criminal court who have been accused of committing misdemeanors and felonies. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those involved in juvenile delinquency matters in the following locations: