§ 311.4 — Substitution of petition or finding

New York § 311.4

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction and Preliminary Procedures
• Art. 3: Juvenile Delinquency

Text

§ 311.4. Substitution of petition or finding. 1. At any time in the\nproceedings the court, upon motion of a respondent or its own motion,\nmay, with the consent of the presentment agency and with the consent of\nthe respondent, substitute a petition alleging that the respondent is in\nneed of supervision for a petition alleging that the respondent is a\njuvenile delinquent.\n 2. At the conclusion of the dispositional hearing the court, upon\nmotion of the respondent or its own motion, may in its discretion and\nwith the consent of the respondent, substitute a finding that the\nrespondent is a person in need of supervision for a finding that the\nrespondent is a juvenile delinquent.\n 3. In any proceeding under this article based upon an arrest for an\nact of prostitution, there is a presumption that the respondent meets\nthe criteria as a victim of a severe form of trafficking as defined in\nsection 7105 of title 22 of the United States Code (Trafficking Victims\nProtection Act of 2000). Upon the motion of the respondent, without the\nconsent of the presentment agency, a petition alleging that the\nrespondent is in need of supervision shall be substituted for the\ndelinquency petition. If, however, the respondent has been previously\nadjudicated as a juvenile delinquent under this article for an act which\nwould be a crime pursuant to article two hundred thirty of the penal\nlaw, if the respondent was an adult, or expresses a current\nunwillingness to cooperate with specialized services for sexually\nexploited youth, continuing with the delinquency proceeding shall be\nwithin the court's discretion. The necessary findings of fact to support\nthe continuation of the delinquency proceeding shall be reduced to\nwriting and made part of the court record. If, subsequent to issuance of\na substitution order under this subdivision and prior to the conclusion\nof the fact finding hearing on the petition alleging that the respondent\nis a person in need of supervision, the respondent is not in substantial\ncompliance with a lawful order of the court, the court may, in its\ndiscretion, substitute the original petition alleging that the\nrespondent is a juvenile delinquent for the petition alleging that the\nrespondent is in need of supervision.\n