FCA § 320.4

The initial appearance; procedures

§ 320.4. The initial appearance; procedures. 1. At the initial appearance the court must inform the respondent, or cause him to be informed in its presence, of the charge or charges contained in the petition, and the presentment agency must cause the respondent and his or her counsel to be furnished with a copy of the petition.

2. At the initial appearance the court shall determine:

(a) whether detention is necessary pursuant to section 320.5; and

(b) whether the case should be referred to the probation service pursuant to section 320.6; and

(c) if the child is detained, the date of the probable-cause hearing pursuant to section 325.1 unless such hearing has already been held; and

(d) the date of the fact-finding hearing; and

(e) such other issues as may be properly before it.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/320.4

In plain English

Court informs the respondent of the charges and hands over the petition, then decides: detention (§ 320.5), probation referral (§ 320.6), the probable-cause hearing date if detained, and the fact-finding date.

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.