FCA § 216-C

Preparation of petitions

§ 216-c. Preparation of petitions. (a) Whenever a petitioner is not represented by counsel, any person who assists in the preparation of a petition shall include all allegations presented by the petitioner.

(b) No clerk of the court or probation officer may prevent any person who wishes to file a petition from having such petition filed with the court immediately.

(c) If there is a question regarding whether or not the family court has jurisdiction of the matter, the petition shall be prepared and the clerk shall file the petition and refer the petition to the court for determination of all issues including the jurisdictional question.

(d) This section shall not be applicable to juvenile delinquency proceedings.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/216-C

In plain English

(a) When a petitioner has no lawyer, whoever helps prepare the petition must include all allegations the petitioner presents.

(b) No clerk or probation officer may prevent anyone who wishes to file a petition from filing it immediately. ★ High-yield.

(c) If there's a jurisdiction question, the clerk still files the petition and refers the jurisdiction issue to the court to decide. ★

(d) Does NOT apply to juvenile delinquency proceedings. ★

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.