Part 1 Permanent Termination of Parental Custody by Reason of Permanent Neglect
Part 1-A Modification of Disposition; Restoration of Parental Rights
Part 2 Adoption
Part 3 Custody
Part 4 Guardianship
Part 5 Warrant

Terms Used In New York Laws > Family Court > Article 6

  • adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • arrest: Taking physical custody of a person by lawful authority.
  • bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • dispositional hearing: means a hearing to determine what order of disposition should be made in accordance with the best interests of the child. See N.Y. Family Court Law 623
  • evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • fact-finding hearing: means in the case of a petition for the commitment of the guardianship and custody of a child, a hearing to determine whether the allegations required by paragraphs (a), (b), (c), and (d) of subdivision one of section six hundred fourteen are supported by clear and convincing proof. See N.Y. Family Court Law 622
  • guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • summons: Another word for subpoena used by the criminal justice system.
  • trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • under this part: shall be deemed references to petitions and proceedings initiated under section three hundred eighty-four-b of the social services law upon the ground that the child is a permanently neglected child. See N.Y. Family Court Law 611