Family Court Act, Article 3, Juvenile Delinquency Part 6, § 360.1: Jurisdiction and supervision of respondent placed on probation
When a minor has been accused of committing crime, the case is adjudicated through Family Court. First a fact-finding hearing is held. The fact-finding is similar to a criminal trial. Evidence is presented in an effort to prove to the Family Court judge that the minor committed acts that if committed by an adult would amount to a crime. Should the Family Court judge conclude that the minor did commit those acts the next step is the dispositional hearing. The dispositional hearing involves a determination of the treatment the minor should receive. One such disposition is probation, as described in Family Court Act, Article 3, Part 5, § 353.2. While on probation the minor remains under the jurisdiction of the Family Court. According to Family Court Act, Article 3, Part 5, § 360.1 a minor who is placed on probation remains under the jurisdiction of the court until the termination of the period of probation. During this time the probation service will supervise the minor. If the Family Court has reason to believe that the minor has violated a condition of probation, it has the right to issue a search order authorizing a probation officer to search the minor and his or her personal property.Example
Carliesha C. was adjudicated a juvenile delinquent based on committing acts which, if committed by an adult, would constitute robbery in the second degree, robbery in the third degree, two counts of grand larceny in the fourth degree and petit larceny. She was placed on probation conditioned upon paying restitution. Carliesha turned 18. A month later her probation officer filed a petition against her in Family Court for violating probation based on failing to pay restitution. Carliesha responded to the petition arguing that because she was now 18, a petition in Family Court was not appropriate. However, the court ruled against her. The court distinguished a petition alleging committing a delinquent at from a petition alleging a probation violation. Thus, while the original juvenile delinquency proceedings could not have been commenced after her 18th birthday, the court does not lose jurisdiction that it already had simply because a respondent turns 18. In the Matter of Carliesha C., 2004 NY Slip Op 50354(U) (NY 5/4/2004)Related Statutory Provisions
- Petition of violation: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 360.2
- Hearing on violation: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 360.3
- Appeal; authorized as of right: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.1
- Appeal by permission: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.2
- Notice of appeal: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.3
- A respondent who is placed on probation shall remain under the legal jurisdiction of the court pending expiration or termination of the period of the order of probation.
- The probation service shall supervise the respondent during the period of such legal jurisdiction.
- If at any time during the period of probation the court has reasonable cause to believe that the respondent has violated a condition of the probation order, it may issue a search order. A search order is an order directed to a probation officer authorizing such officer to search the person of the respondent or any personal property which he owns or which is in his possession.
- In executing a search order pursuant to this §, a probation officer may be assisted by a police officer.
If your child is a respondent in a juvenile delinquency proceeding, it is important that he or she is represented by experienced counsel from the beginning of the case until your child is no longer under the jurisdiction of Family Court. Should your child be adjudicated to be a juvenile delinquent an order of disposition will be issued. Failure to follow the terms of that order may result in a revocation of the order and a new order of disposition being issued. 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: