Family Court Act, Article 3, Juvenile Delinquency Part 6, § 365.1: Appeal; Authorized as of Right

A juvenile delinquency case has two major parts: the fact-finding hearing and the dispositional hearing. The fact-finding hearing is similar to a criminal trial. The accused minor is known as the "respondent" and the party bringing the case is known as the "presentment agency." A juvenile delinquency case is initiated when the presentment party files a petition with Family Court accusing the minor of committing a delinquent act. At a fact-finding hearing a determination is made as to whether or not the minor committed the act described in the petition that for an adult would amount to a crime. If so, the next step is the dispositional hearing. The dispositional hearing is similar to the sentencing phase of a criminal case. However, the Family Court does not impose a sentence, but issues an "order of disposition." Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.2, an order of disposition may include a conditional discharge, probation, placement, or restrictive placement. The type of disposition imposed will be based on a number of factors including the seriousness of the delinquent act, the minor's history, and whether or not the minor suffers from a mental disability. However, both the respondent and the presentment agency have the right to appeal. Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.1 the respondent has the right to appeal any order of disposition. The presentment agency has the right to appeal the following orders:

1. An order dismissing a petition prior to the commencement of a fact-finding hearing;
2. An order of disposition, but only upon the ground that such order was invalid as a matter of law; or
3. An order suppressing evidence entered before the commencement of the fact-finding hearing.

The Family Court of Kings County dismissed a juvenile delinquency petition that was filed by the presentment agency naming Justin G. The presentment agency appealed the dismissal. Justin G. contended and the presentment agency conceded that the voluntary disclosure form filed by the presentment agency was directed at Justin G and another juvenile, but the disclosure form gave notice only of the identification procedure with respect to the other juvenile. Accordingly, the dismissal of the petition against Justin G. was proper since the presentment agency would not be able to prove its case without the identification testimony. In re Justin G., 3 N.Y.S.3d 623 (N.Y. App. Div., 2015)

1. Order of disposition: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.2
2. Probation: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.2
3. Placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.3
4. Designated felony acts; restrictive placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.5
5. Appeal by permission: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.2
6. Notice of appeal: New York Family Court Act, Article 3, Juvenile Delinquency, Part 6, § 365.3

1. An appeal to the appropriate appellate division may be taken as of right by the respondent from any order of disposition under this article in accordance with article eleven.
2. An appeal to the appropriate appellate division may be taken as of right by the presentment agency from the following orders of the family court: (a) an order dismissing a petition prior to the commencement of a fact-finding hearing; or (b) an order of disposition, but only upon the ground that such order was invalid as a matter of law; or (c) an order suppressing evidence entered before the commencement of the fact-finding hearing pursuant to § 330.2, provided that such presentment agency files a statement pursuant to subdivision nine of § 330.2.

If a delinquency petition has been filed against your child it is critical that your child has experienced representation from the beginning of the case until it is resolved. Just because your child has been named in a delinquency petition does not mean that your child will be determined to be a juvenile delinquent. 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: