Family Court Act, Article 3, Juvenile Delinquency Part 5, § 355.2: Motion Procedures

A juvenile delinquency proceeding generally has two phases: the fact-finding hearing and the dispositional hearing. The fact-finding is the phase during which the presentment agency presents evidence to a Family Court judge indicating that the minor committed acts that if committed by an adult would amount to a crime. In a juvenile delinquency case the minor is referred to as the respondent. Should the Family Court judge conclude that by a preponderance of evidence the minor did in fact commit a crime, the next step is the dispositional hearing. The dispositional hearing involves a determination of the treatment the minor should receive. However, throughout the process there may be instances in which either the counsel representing the minor or the presentment agency will ask that the court issue a particular order or to make a ruling. This is done through a motion. Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 355.2, there are rules regarding the submission of orders to the Family Court.

1. A motion must be in writing and state the specific relief requested. If the motion is based on facts, the allegations must be sworn.
2. A notice of such motion must be served on the respondent, the presentment agency, and agency or organization having custody of the respondent.
3. Each party to the motion has the right to make an oral argument and the court shall conduct a hearing to resolve any material question of fact.
4. If the motion is denied, a motion requesting the same or similar relief cannot be filed for a period of ninety days after such denial, unless the order of denial permits renewal at an earlier time.

Related Statutory Provisions

1. Order of disposition: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.2
2. Order of protection: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.3

Family Court Act, Article 3, Child Protective Services, Part 5, § 355.2: Motion procedures

1. A motion for relief pursuant to § 355.1 must be in writing and must state the specific relief requested. If the motion is based upon the existence or occurrence of facts, the motion papers must contain sworn allegations thereof; such sworn allegations may be based upon personal knowledge of the affiant or upon information and belief, provided that in the latter event the affidavit must state the sources of such information and the grounds of such belief.
2. Notice of such motion, including the court's own motion, shall be served upon the respondent, the presentment agency and the commissioner of social services or the division for youth having custody of the respondent. Motions shall be noticed in accordance with the civil practice law and rules.
3. Each party to the motion shall have the right to oral argument and the court shall conduct a hearing to resolve any material question of fact.
4. Regardless of whether a hearing is conducted, the court, upon determining the motion, must set forth on the record its findings of fact, its conclusions of law and the reasons for its determination.
5. If the motion is denied, a motion requesting the same or similar relief cannot be filed for a period of ninety days after such denial, unless the order of denial permits renewal at an earlier time.

New York Juvenile Delinquency Lawyer

If your child has been accused of committing a crime, it is critical that your child has experienced representation. 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:

---