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This entry was published on 2019-10-04
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SECTION 311.1
The petition; definition and contents
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 1
§ 311.1. The petition; definition and contents. 1. A petition
originating a juvenile delinquency proceeding is a written accusation by
an authorized presentment agency.

2. A petition shall charge at least one crime and may, in addition,
charge in separate counts one or more other crimes, provided that all
such crimes are joinable in accord with section 311.6.

3. A petition must contain:

(a) the name of the family court in which it is filed;

(b) the title of the action;

(c) the fact that the respondent is a person of the necessary age to
be a juvenile delinquent at the time of the alleged act or acts;

(d) a separate accusation or count addressed to each crime charged, if
there be more than one;

(e) the precise crime or crimes charged;

(f) a statement in each count that the crime charged was committed in
a designated county;

(g) a statement in each count that the crime charged therein was
committed on, or on or about, a designated date, or during a designated
period of time;

(h) a plain and concise factual statement in each count which, without
allegations of an evidentiary nature, asserts facts supporting every
element of the crime charged and the respondent's commission thereof
with sufficient precision to clearly apprise the respondent of the
conduct which is the subject of the accusation;

(i) the name or names, if known, of other persons who are charged as
co-respondents in the family court or as adults in a criminal court
proceeding in the commission of the crime or crimes charged;

(j) a statement that the respondent requires supervision, treatment or
confinement; and

(k) the signature of the appropriate presentment attorney.

4. A petition shall be verified in accordance with the civil practice
law and rules and shall conform to the provisions of section 311.2.

5. If the petition alleges that the respondent committed a designated
felony act, it shall so state, and the term "designated felony act
petition" shall be prominently marked thereon. Certified copies of prior
delinquency findings shall constitute sufficient proof of such findings
for the purpose of filing a designated felony petition. If all the
allegations of a designated felony act are dismissed or withdrawn or the
respondent is found to have committed crimes which are not designated
felony acts, the term "designated felony act petition" shall be stricken
from the petition.

6. The form of petition shall be prescribed by the chief administrator
of the courts. A petition shall be entitled "In the Matter of", followed
by the name of the respondent.

7. When an order of removal pursuant to article seven hundred
twenty-five of the criminal procedure law is filed with the clerk of the
court, such order and those pleadings and proceedings, other than the
minutes of any hearing inquiry or trial, grand jury proceeding, or of
any plea accepted or entered, held in this action that has not yet been
transcribed shall be transferred with it and shall be deemed to be a
petition filed pursuant to subdivision one of section 310.1 containing
all of the allegations required by this section notwithstanding that
such allegations may not be set forth in the manner therein prescribed.
Where the order or the grand jury request annexed to the order specifies
an act that is a designated felony act, the clerk shall annex to the
order a sufficient statement and marking to make it a designated felony
act petition. The date such order is filed with the clerk of the court
shall be deemed the date a petition was filed under this article. For
purposes of service in accord with section 312.1, however, only the
order of removal shall be deemed the petition. All minutes of any
hearing inquiry or trial held in this action, the minutes of any grand
jury proceeding and the minutes of any plea accepted and entered shall
be transferred to the family court within thirty days.