Legislation
SECTION 350.1
Time of dispositional hearing
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 5
§ 350.1. Time of dispositional hearing. 1. If the respondent is
detained and has not been found to have committed a designated felony
act the dispositional hearing shall commence not more than ten days
after the entry of an order pursuant to subdivision one of section 345.1
of this article, except as provided in subdivision three of this
section; provided, however, that if the respondent has been found to
have committed solely a violation as defined in subdivision three of
section 10.00 of the penal law, the respondent shall not be detained
pending disposition.
2. In all other cases, the dispositional hearing shall commence not
more than fifty days after entry of an order pursuant to subdivision one
of section 345.1, except as provided in subdivision three.
3. The court may adjourn the dispositional hearing:
(a) on its own motion or on motion of the presentment agency for good
cause shown for not more than ten days; or
(b) on motion by the respondent for good cause shown for not more than
thirty days.
4. The court shall state on the record the reason for any adjournment
of the dispositional hearing.
5. Successive motions to adjourn a dispositional hearing beyond the
limits enumerated in subdivision one or two shall not be granted in the
absence of a showing, on the record, of special circumstances; special
circumstances shall not include calendar congestion or the status of the
court's docket or backlog.
detained and has not been found to have committed a designated felony
act the dispositional hearing shall commence not more than ten days
after the entry of an order pursuant to subdivision one of section 345.1
of this article, except as provided in subdivision three of this
section; provided, however, that if the respondent has been found to
have committed solely a violation as defined in subdivision three of
section 10.00 of the penal law, the respondent shall not be detained
pending disposition.
2. In all other cases, the dispositional hearing shall commence not
more than fifty days after entry of an order pursuant to subdivision one
of section 345.1, except as provided in subdivision three.
3. The court may adjourn the dispositional hearing:
(a) on its own motion or on motion of the presentment agency for good
cause shown for not more than ten days; or
(b) on motion by the respondent for good cause shown for not more than
thirty days.
4. The court shall state on the record the reason for any adjournment
of the dispositional hearing.
5. Successive motions to adjourn a dispositional hearing beyond the
limits enumerated in subdivision one or two shall not be granted in the
absence of a showing, on the record, of special circumstances; special
circumstances shall not include calendar congestion or the status of the
court's docket or backlog.