§ 340.1 — Time of fact-finding hearing

New York § 340.1

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: The Fact-finding Hearing
• Art. 3: Juvenile Delinquency

Text

§ 340.1. Time of fact-finding hearing. 1. If the respondent is in\ndetention and the highest count in the petition charges the commission\nof a class A, B, or C felony, the fact-finding hearing shall commence\nnot more than fourteen days after the conclusion of the initial\nappearance except as provided in subdivision four. If the respondent is\nin detention and the highest count in such petition is less than a class\nC felony the fact-finding hearing shall commence no more than three days\nafter the conclusion of the initial appearance except as provided in\nsubdivision four.\n 2. If the respondent is not in detention the fact-finding hearing\nshall commence not more than sixty days after the conclusion of the\ninitial appearance except as provided in subdivision four.\n 3. For the purposes of this section, in any case where a proceeding\nhas been removed to the family court pursuant to an order issued\npursuant to section 725.05 of the criminal procedure law, the date\nspecified in such order for the defendant's appearance in the family\ncourt shall constitute the date of the initial appearance.\n 4. The court may adjourn a fact-finding hearing:\n (a) on its own motion or on motion of the presentment agency for good\ncause shown for not more than three days if the respondent is in\ndetention and not more than thirty days if the respondent is not in\ndetention; provided, however, that if there is probable cause to believe\nthe respondent committed a homicide or a crime which resulted in a\nperson being incapacitated from attending court, the court may adjourn\nthe hearing for a reasonable length of time; or\n (b) on motion by the respondent for good cause shown for not more than\nthirty days; or\n (c) on its own motion for not more than six months if the proceeding\nhas been adjourned in contemplation of dismissal pursuant to section\n315.3.\n 5. The court shall state on the record the reason for any adjournment\nof the fact-finding hearing.\n 6. Successive motions to adjourn a fact-finding hearing shall not be\ngranted in the absence of a showing, on the record, of special\ncircumstances; such circumstances shall not include calendar congestion\nor the status of the court's docket or backlog.\n 7. For purposes of this section, if a warrant for the respondent's\narrest has been issued pursuant to section 312.2 of this article due to\nthe respondent's failure to appear for a scheduled fact-finding hearing,\ncomputation of the time within which such hearing must take place shall\nexclude the period extending from the date of issuance of the bench\nwarrant for respondent's arrest because of his or her failure to appear\nto the date the respondent subsequently appears in court pursuant to a\nbench warrant or appears voluntarily; provided, however, no period of\ntime may be excluded hereunder unless the respondent's location cannot\nbe determined by the exercise of due diligence or, if the respondent's\nlocation is known, his or her presence in court cannot be obtained by\nthe exercise of due diligence. In determining whether due diligence has\nbeen exercised, the court shall consider, among other factors, the\nreport presented to the court pursuant to subdivision two of section\n312.2 of this article.\n