N.Y. Family Court Act § 1014: Transfer to and from family court; concurrent proceedings

§ 1014. Transfer to and from family court; concurrent proceedings. (a)

The family court may transfer upon a hearing any proceedings originated

under this article to an appropriate criminal court or may refer such

proceeding to the appropriate district attorney if it concludes, that

the processes of the family court are inappropriate or insufficient.

The family court may continue the proceeding under this article after

such transfer or referral and if the proceeding is continued, the family

court may enter any preliminary order, as authorized by section one

thousand twenty-seven, in order to protect the interests of the child

pending a final order of disposition.

(b) Any criminal complaint charging facts amounting to abuse or

neglect under this article may be transferred by the criminal court in

which the complaint was made to the family court in the county in which

the criminal court is located, unless the family court has transferred

the proceeding to the criminal court. The family court shall then, upon

a hearing, determine what further action is appropriate. After the

family court makes this determination, any criminal complaint may be

transferred back to the criminal court, with or without retention of the

proceeding in the family court, or may be retained solely in the family

court, or if there appears to be no basis for the complaint, it may be

dismissed by the family court. If the family court determines a petition

should be filed, proceedings under this act shall be commenced as soon

as practicable.

(c) Nothing in this article shall be interpreted to preclude

concurrent proceedings in the family court and a criminal court.

(d) In any hearing conducted by the family court under this section,

the court may grant the respondent or potential respondent testimonial

immunity in any subsequent criminal court proceeding.