Family Court Act, Article 3, Juvenile Delinquency Part 5, § 355.3: Extension of placement
After a minor is adjudicated to be a juvenile delinquent, a dispositional hearing is held to determine what in criminal court would be referred to as the "sentence." At the conclusion of a dispositional hearing an order of disposition will be issued that includes the disposition of the case. Possible dispositions include conditional discharge, probation, placement, transfer, restrictive placement and restitution. Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.3, "placement" means that the minor will be sent to reside with his parents, a relative, or another appropriate residence such as with an agency authorized by the Commissioner of Social Services.
If the minor committed a felony the placement would be for 18 months, while if the minor committed a misdemeanor, the placement would be for 12 months. If the minor was in detention pending the disposition of his or her case, the time in detention will be credited. However, under New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 355.3 such placement may be extended. A petition to extend the placement may be made by the respondent, the presentment agency, the Commissioner of Social Services, or the division of youth, and must be made at least 60 days prior to the end of the initial placement. The petitioner must show good cause for extending the placement.Example
Mickie was adjudicated a juvenile delinquent for committing acts which, if committed by an adult, would constitute the crime of sodomy in the first degree and was placed in restrictive placement with the Division for Youth for three years. His placement was later extended for 1 year, and again for 9 months. The New York State Office of Children and Family Services filed another petition with the court requested another 12-month extension, plus another 10 months of aftercare. Family Court granted the petition, concluding that Mickie continues to pose a risk to the community and requires 24-hour supervision. Matter of Mickie PP., 720 N.Y.S.2d 571 (N.Y. App. Div., 2001)Related Statutory Provisions
- Order of disposition: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.2
- Placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.3
- Transfer of certain juvenile delinquents: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.4
- Designated felony acts; restrictive placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.5
- In any case in which the respondent has been placed pursuant to § 353.3 the respondent, the person with whom the respondent has been placed, the commissioner of social services, or the division for youth may petition the court to extend such placement. Such petition shall be filed at least sixty days prior to the expiration of the period of placement, except for good cause shown but in no event shall such petition be filed after the original expiration date.
- The court shall conduct a hearing concerning the need for continuing the placement. The respondent, the presentment agency and the agency with whom the respondent has been placed shall be notified of such hearing and shall have the opportunity to be heard thereat. If the petition is filed within sixty days prior to the expiration of the period of placement, the court shall first determine at such hearing whether good cause has been shown. If good cause is not shown, the court shall dismiss the petition.
- The provisions of §s 350.3 and 350.4 shall apply at such hearing.
- At the conclusion of the hearing the court may, in its discretion, order an extension of the placement for not more than one year. The court must consider and determine in its order: (i) that where appropriate, and where consistent with the need for the protection of the community, reasonable efforts were made to make it possible for the respondent to safely return to his or her home; (ii) in the case of a respondent who has attained the age of sixteen, the services needed, if any, to assist the child to make the transition from foster care to independent living; and (iii) in the case of a child placed outside New York state, whether the out-of-state placement continues to be appropriate and in the best interests of the child.
- Pending final determination of a petition to extend such placement filed in accordance with the provisions of this §, the court may, on its own motion or at the request of the petitioner or respondent, enter one or more temporary orders extending a period of placement for a period not to exceed thirty days upon satisfactory proof showing probable cause for continuing such placement and that each temporary order is necessary. The court may order additional temporary extensions, not to exceed a total of fifteen days, if the court is unable to conclude the hearing within the thirty day temporary extension period. In no event shall the aggregate number of days in extensions granted or ordered under this subdivision total more than forty-five days. The petition shall be dismissed if a decision is not rendered within the period of placement or any temporary extension thereof.
- Successive extensions of placement under this § may be granted, but no placement may be made or continued beyond the respondent's eighteenth birthday without the child's consent and in no event past the child's twenty-first birthday.
If your child is a respondent in a juvenile delinquency proceeding, it is important that he or she is represented by experienced counsel. Should your child be adjudicated to be a juvenile delinquent an order of disposition will be issued that may require that your child be placed on probation, be placed on conditional discharge, or that he or she be required to live elsewhere for over a year. 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 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those involved in juvenile delinquency matters in the following locations: