FCA § 350.4

Order of procedure

§ 350.4. Order of procedure. The order of the dispositional hearing shall be as follows:

1. The court, with the consent of the parties, may direct the probation service to summarize its investigation report if one has been prepared and, in its discretion, deliver any further statement concerning the advisability of specific dispositional alternatives.

2. The court may in its discretion call witnesses, including the preparer of probation reports or diagnostic studies, to offer evidence concerning the advisability of specific dispositional alternatives. Such witnesses may be cross-examined by the presentment agency and the respondent.

3. The presentment agency may call witnesses to offer such evidence, including the preparer of a probation report or a diagnostic study.

4. The respondent may call witnesses, to offer such evidence, including the preparer of a probation report or a diagnostic study.

5. The court may permit the presentment agency or respondent to offer such rebuttal or surrebuttal evidence as it may deem appropriate.

5-a. The victim shall be allowed to make an oral or written statement.

6. The presentment agency may deliver a statement concerning the advisability of specific dispositional alternatives.

7. The respondent may deliver such a statement.

8. The court shall then permit rebuttal statements by both the presentment agency and the respondent.

9. The court shall then consider the case and enter a dispositional order.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/350.4

In plain English

Order of the dispositional hearing: probation summarizes its report → court/agency/respondent witnesses (cross-examinable) → victim statement → agency and respondent statements → rebuttals → court enters the dispositional order.

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.