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Family Court Monitoring Handbook - A Citizen Monitor's Guide to the Family Court in New York State

NCJ Number
73833
Author(s)
P Wilson
Date Published
1980
Length
22 pages
Annotation
A manual focusing on the operations of the family court of the State of New York is presented; organization and purpose of the publisher, the Fund for Modern Courts, are highlighted.
Abstract
The Fund for Modern Courts is a statewide, nonpartisan organization devoted to court reform. The fund continually studies the problems facing the State's judicial system and initiates educational programs to teach citizens how the courts operate. Citizen participation efforts are generally guided in each area by an advisory committee drawn from the community. This manual was developed as part of this educational effort. The Family Court Act in New York State was enacted in 1962 as part of a revision of the State court structure. The court deals with the problems of children and families in crisis. The court may decide whether an abused or neglected child should be removed from the home and placed in foster care, whether a youth should be sent to an institution, and whether a parent should be banned from the home to protect family members. The court also has jurisdiction over matters of custody, support, and determinations of paternity. A proceeding in the family court is begun by filing a petition. Different attorneys must represent the parent and the child; representation is usually provided for the child through the legal aid society. With regard to juvenile delinquency cases, the first step in the process of bringing the matter to family court is to contact the probation department. Probation workers interview involved parties and may try to settle the matter without taking the case through court. If the decision is made to refer the decision to family court, a court appearance is scheduled. If the juvenile denies the allegations in the petition, the case is adjourned and a factfinding hearing is scheduled. In juvenile delinquency cases, the judge can make a number of dispositional orders including dismissal of the petition, probation, and suspension of judgment. A glossary, a chart, sample petitions, related material, and nine references are appended.

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