N.Y. Family Court Act § 115: Jurisdiction of family court

§ 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;

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; proceedings concerning the interstate compact on

the placement of children, as set forth in section three hundred

seventy-four-a of the social services law; proceedings concerning the

uniform child custody jurisdiction and enforcement act, as set forth in

article five-A of the domestic relations law; and proceedings concerning

the change of the name of a child as set forth in section sixty of the

civil rights 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.