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This entry was published on 2022-07-29
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SECTION 115
Jurisdiction of family court
Family Court Act (FCT) CHAPTER 686, ARTICLE 1, PART 1
§ 115. Jurisdiction of family court. (a) The family court has
exclusive original jurisdiction over

(i) abuse and neglect proceedings, as set forth in article ten;

(ii) support proceedings, as set forth in article four;

(iii) proceedings to determine paternity and for the support of
children born out-of-wedlock, as set forth in article five;

(iv) proceedings to permanently terminate parental rights to
guardianship and custody of a child: (A) by reason of permanent neglect,
as set forth in part one of article six of this act and paragraph (d) of
subdivision four of section three hundred eighty-four-b of the social
services law, (B) by reason of mental illness, intellectual disability
and severe or repeated child abuse, as set forth in paragraphs (c) and
(e) of subdivision four of section three hundred eighty-four-b of the
social services law, and (C) by reason of the death of one or both
parents, where no guardian of the person of the child has been lawfully
appointed, or by reason of abandonment of the child for a period of six
months immediately prior to the filing of the petition, where a child is
under the jurisdiction of the family court as a result of a placement in
foster care by the family court pursuant to article ten or ten-A of this
act or section three hundred fifty-eight-a of the social services law,
unless the court declines jurisdiction pursuant to section three hundred
eighty-four-b of the social services law;

(v) proceedings concerning whether a person is in need of supervision,
as set forth in article seven; and

(vi) proceedings concerning juvenile delinquency as set forth in
article three.

(b) The family court has such other jurisdiction as is set forth in
this act, including jurisdiction over habeas corpus proceedings and over
applications for support, maintenance, a distribution of marital
property and custody in matrimonial actions when referred to the family
court by the supreme court, conciliation proceedings, and proceedings
concerning physically handicapped and developmentally disabled children.

(c) The family court has such other jurisdiction as is provided by
law, including but not limited to: proceedings concerning adoption and
custody of children, as set forth in parts two and three of article six
of this act; proceedings concerning the uniform interstate family
support act, as set forth in article five-B of this act; proceedings
concerning children in foster care and care and custody of children, as
set forth in sections three hundred fifty-eight-a and three hundred
eighty-four-a of the social services law and article ten-A of this act;
proceedings concerning former foster children as set forth in article
ten-B of this act; proceedings concerning destitute children, as set
forth in article ten-C of this act; proceedings concerning guardianship
and custody of children by reason of the death of, or abandonment or
surrender by, the parent or parents, as set forth in sections three
hundred eighty-three-c, three hundred eighty-four and paragraphs (a) and
(b) of subdivision four of section three hundred eighty-four-b of the
social services law; proceedings concerning standby guardianship and
guardianship of the person as set forth in part four of article six of
this act and article seventeen of the surrogate's court procedure act;
and proceedings concerning the interstate compact on juveniles as set
forth in chapter one hundred fifty-five of the laws of nineteen hundred
fifty-five, as amended, the interstate compact on the placement of
children, as set forth in section three hundred seventy-four-a of the
social services law, and the uniform child custody jurisdiction and
enforcement act, as set forth in article five-A of the domestic
relations law.

(d) Notwithstanding subdivisions (a) through (c) of this section,
jurisdiction of the family court and tribal courts of Indian tribes
designated by the Secretary of the Interior over those child custody
proceedings provided for in articles three, seven, ten and ten-A of this
act and sections three hundred fifty-eight-a and three hundred
eighty-four-b of the social services law involving Indian children as
defined in subdivision thirty-six of section two of the social services
law shall be subject to the terms and conditions set forth in applicable
sections of title twenty-five of the United States code; provided that
tribal courts of Indian tribes designated as such by the state of New
York shall have jurisdiction over such child custody proceedings
involving Indian children to the same extent as federally designated
Indian tribes upon the approval of the state office of children and
family services pursuant to section thirty-nine of the social services
law.

(e) The family court has concurrent jurisdiction with the criminal
court over all family offenses as defined in article eight of this act.

(f) The family court has jurisdiction to direct the commencement of
proceedings to suspend the driving privileges, recreational licenses and
permits, and license, permit, registration or authority to practice of
persons who are delinquent in their child or combined child and spousal
support obligations or persons who have failed, after receiving
appropriate notice, to comply with summonses, subpoenas or warrants
relating to paternity and child support proceedings as set forth in
sections four hundred fifty-eight-a, four hundred fifty-eight-b, four
hundred fifty-eight-c, five hundred forty-eight-a, five hundred
forty-eight-b, and five forty-eight-c of this act. Such jurisdiction
shall include jurisdiction over all boards, departments, authorities or
offices of the state for the purposes of implementing such section.