§ 1014 — Transfer to and from family court; concurrent proceedings

§ 1014. Transfer to and from family court; concurrent proceedings. (a)\nThe family court may transfer upon a hearing any proceedings originated\nunder this article to an appropriate criminal court or may refer such\nproceeding to the appropriate district attorney if it concludes, that\nthe processes of the family court are inappropriate or insufficient.\nThe family court may continue the proceeding under this article after\nsuch transfer or referral and if the proceeding is continued, the family\ncourt may enter any preliminary order, as authorized by section one\nthousand twenty-seven, in order to protect the interests of the child\npending a final order of disposition.\n (b) Any criminal complaint charging facts amounting to abuse or\nneglect under this article may be transferred by the criminal court in\nwhich the complaint was made to the family court in the county in which\nthe criminal court is located, unless the family court has transferred\nthe proceeding to the criminal court. The family court shall then, upon\na hearing, determine what further action is appropriate. After the\nfamily court makes this determination, any criminal complaint may be\ntransferred back to the criminal court, with or without retention of the\nproceeding in the family court, or may be retained solely in the family\ncourt, or if there appears to be no basis for the complaint, it may be\ndismissed by the family court. If the family court determines a petition\nshould be filed, proceedings under this act shall be commenced as soon\nas practicable.\n (c) Nothing in this article shall be interpreted to preclude\nconcurrent proceedings in the family court and a criminal court.\n (d) In any hearing conducted by the family court under this section,\nthe court may grant the respondent or potential respondent testimonial\nimmunity in any subsequent criminal court proceeding.\n