§ 162-A — Use of restraints on children in courtrooms

New York § 162-A

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 6: General Provisions Concerning Hearings
• Art. 1: Family Court Established

Text

§ 162-a. Use of restraints on children in courtrooms. (a) Use of\nrestraints. Except as otherwise provided in subdivision (b) of this\nsection, restraints on children under the age of twenty-one, including,\nbut not limited to, handcuffs, chains, shackles, irons or straitjackets,\nare prohibited in the courtroom.\n (b) Exception. Permissible physical restraint consisting of handcuffs\nor footcuffs that shall not be joined to each other may be used in the\ncourtroom during a proceeding before the court only if the court\ndetermines on the record, after providing the child with an opportunity\nto be heard, why such restraint is the least restrictive alternative\nnecessary to prevent:\n (1) physical injury to the child or another person by the child;\n (2) physically disruptive courtroom behavior by the child, as\nevidenced by a recent history of behavior that presented a substantial\nrisk of physical harm to the child or another person, where such\nbehavior indicates a substantial likelihood of current physically\ndisruptive courtroom behavior by the child; or\n (3) flight from the courtroom by the child, as evidenced by a recent\nhistory of absconding from the court.\n