FCA § 1047

Sequence of hearings

§ 1047. Sequence of hearings. (a) Upon completion of the fact-finding hearing, the dispositional hearing may commence immediately after the required findings are made.

(b) Reports prepared by the probation service or a duly authorized association, agency, society or institution for use by the court at any time for the making of an order of disposition shall be deemed confidential information furnished to the court which the court shall make available for inspection and copying by all counsel. The court may, in its discretion, withhold from disclosure, a part or parts of the reports which are not relevant to a proper disposition, or sources of information which have been obtained on a promise of confidentiality, or any other portion thereof, disclosure of which would not be in the interests of justice or in the best interests of the child. In all cases where a part or parts of the reports are not disclosed, the court shall state for the record that a part or parts of the reports have been excepted and the reasons for its action. The action of the court excepting information from disclosure shall be subject to review on appeal from the order of disposition. Such reports may not be furnished to the court prior to the completion of a fact-finding hearing, but may be used in a dispositional hearing.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/1047

In plain English

Disposition may begin immediately after the fact-finding findings. Probation/agency reports are confidential, shared with counsel, and cannot be given to the court before fact-finding is complete. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.