FCA § 745

Evidence in dispositional hearings; required quantum of proof

§ 745. Evidence in dispositional hearings; required quantum of proof. (a) Only evidence that is material and relevant may be admitted during a dispositional hearing.

(b) An adjudication at the conclusion of a dispositional hearing must be based on a preponderance of the evidence.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/745

In plain English

(a) Only material and relevant evidence is admissible. (b) The disposition adjudication rests on a preponderance of the evidence. ★ (Contrast with § 744's reasonable-doubt fact-finding — a classic exam trap.)

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.