Family Court Act, Article 3, Juvenile Delinquency Part 6, § 360.3: Hearing on violation
When a minor has been accused of committing a crime, the case is adjudicated in Family Court and not through Criminal Court. If at a 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. Such options include probation and conditional discharge. If the minor is placed on probation or conditional discharge, there will be terms and conditions to which the minor must adhere. Examples of common conditions include paying restitution, attending school regularly, and adhering to school rules. Failure to adhere to such conditions will result in the probation officer filing a petition of violation in family court and a hearing will be scheduled as described in New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 360.3. The law states that Family Court may not revoke an order of probation or conditional discharge unless:
- The court finds that the minor has violated a condition of probation or conditional discharge, and
- The minor has had the opportunity to be heard at a hearing scheduled promptly after the petition of violation has been filed.
The court will review any relevant, competent and material evidence. The minor, who is entitled to counsel, may cross-examine witnesses. At the conclusion of the hearing the court may revoke, continue, or modify the order of probation or conditional discharge. If the court revokes the order, it will issue a different order of disposition. If the court continues the order of probation or conditional discharge, it will dismiss the petition of violation.Example
13-year-old Sammy L. was alleged to have committed acts which, were he an adult, would have constituted the crime of criminal sexual act in the third degree and sexual misconduct. He was accused forcing his 12-year-old neighbor to perform oral sex upon him. Following a dispositional hearing Sammy L. was adjudicated to be a juvenile delinquent and was granted a conditional discharge for a period of twelve months. The conditions included:
- participation in a counseling program
- regular attendance at school,
- the commission of no further criminal or delinquent acts, and
- compliance with the lawful commands of his parents
A petition was filed by the presentment agency alleging that Sammy L. violated the terms of his conditional discharge by failing to regularly attend school. A hearing was scheduled. School records presented by the presentment agency indicated that Sammy L missed 32 days of school. Based on this, the court agreed that Sammy L. violated the terms of his conditional discharge and issued a new order of disposition.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
- Petition of violation: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 360.2
- 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
- The court may not revoke an order of probation or conditional discharge unless:
- the court has found that the respondent has violated a condition of such order; and
- the respondent has had an opportunity to be heard. The respondent is entitled to a hearing in accordance with this § promptly after a petition of violation has been filed.
- At the time of his first appearance following the filing of a petition of violation the court must: (a) advise the respondent of the contents of the petition and furnish him with a copy thereof; (b) determine whether the respondent should be released or detained pursuant to § 320.5; and (c) ask the respondent whether he wishes to make any statement with respect to the violation. If the respondent makes a statement, the court may accept it and base its decision thereon; the provisions of subdivision two of § 321.3 shall apply in determining whether a statement should be accepted. If the court does not accept such statement or if the respondent does not make a statement, the court shall proceed with the hearing. Upon request, the court shall grant a reasonable adjournment to the respondent to enable him to prepare for the hearing.
- At such hearing, the court may receive any relevant, competent and material evidence. The respondent may cross-examine witnesses and may present evidence on his own behalf.
- The respondent is entitled to counsel at all stages of a proceeding under this § and the court shall advise him of such right at the outset of the proceeding.
- The presentment agency shall present the petition in all stages of this part.
- At the conclusion of the hearing the court may revoke, continue or modify the order of probation or conditional discharge. If the court revokes the order, it shall order a different disposition pursuant to § 352.2. If the court continues the order of probation or conditional discharge, it shall dismiss the petition of violation.
If your child was adjudicated a juvenile delinquent and a disposition order issued requiring a term of probation or a conditional discharge, it is important that you child adhere to all required conditions of the order. 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: