Family Court Act, Article 3, Juvenile Delinquency Part 6, § 360.2: Petition of violation
When a minor has been accused of committing a crime, the case is adjudicated through Family Court. If at the fact-finding hearing it is determined that the minor is a "juvenile delinquent," having committed an act that if committed by an adult would amount to a crime, then the court has several options as to what should happen to the minor. One such option is probation as described in Family Court Act, Article 3, Part 5, § 353.2. While on probation the minor will be required to adhere to certain specified terms and conditions. For example, the minor may be required to pay restitution, attend school regularly, and adhere to school rules. Failure to adhere to such conditions would result in the probation officer filing a petition of violation in family court as described in Family Court Act, Article 3, Part 6, § 360.2. When a probation officer files a petition of violation, the petition must stipulate the condition of the order that was violated. The Family Court will then order the minor to promptly appear so that the court can determine if the minor did indeed violate a court order.Example
Mike M. 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. He was placed on probation condition upon paying restitution. At the end of the probation period Mike's probation officer filed a petition against him in Family Court for violating probation based on failing to pay restitution. The Family Court will schedule a hearing and review evidence presented by both the petitioner and Mike. If the court finds that Mike did violate probation, it will issue a new order of disposition. If the court finds that Mike did not violate probation, the petition of violation will be dismissed.Related Statutory Provisions
- Probation: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.2
- Jurisdiction and supervision of respondent placed on probation: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 360.1
- 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
- If at any time during the period of an order of probation or conditional discharge the probation service has reasonable cause to believe that the respondent has violated a condition thereof, it may file a petition of violation.
- The petition must be verified and subscribed by the probation service or the appropriate presentment agency. Such petition must stipulate the condition or conditions of the order violated and a reasonable description of the time, place and manner in which the violation occurred. Non-hearsay allegations of the factual part of the petition or of any supporting depositions must establish, if true, every violation charged.
- The court must promptly take reasonable and appropriate action to cause the respondent to appear before it for the purpose of enabling the court to make a determination with respect to the alleged violation. Such action may include the issuance of a summons under § 312.1 or the issuance of a warrant under § 312.2.
- If a petition is filed under subdivision one, the period of probation as prescribed by § 353.2 shall be interrupted as of the date of the filing of the petition. Such interruption shall continue until a final determination as to the petition has been made by the court pursuant to a hearing held in accordance with § 360.3 or until such time as the respondent reaches the maximum age of acceptance into a division for youth facility.
- If the court determines there was no violation of probation by the respondent the period of interruption shall be credited to the period of probation.
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 and it may include a requirement that your child be placed on probation. Failure to follow the terms of that order may result in a revocation of the order. 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: