FCA § 835

Sequence of hearings

§ 835. 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 for use by the court at any time prior to the making of an order of disposition shall be deemed confidential information furnished to the court which the court in a proper case may, in its discretion, withhold from or disclose in whole or in part to the child's attorney, counsel, party in interest, or other appropriate person. 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/835

In plain English

(a) The dispositional hearing may begin immediately after fact-finding findings are made.
(b) Probation reports are confidential; the court may withhold or share them in whole/part. ★ They may NOT be given to the court before fact-finding is complete, but may be used at disposition. ★

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.