N.Y. Family Court Act § 301.2: Definitions

§ 301.2. Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Juvenile delinquent" means:

(a)(i) a person at least twelve and less than eighteen years of age,

having committed an act that would constitute a crime if committed by an

adult; or

(ii) a person over sixteen and less than seventeen years of age or, a

person over sixteen and less than eighteen years of age commencing

October first, two thousand nineteen, having committed an act that would

constitute a violation as defined by subdivision three of section 10.00

of the penal law if committed by an adult, where such violation is

alleged to have occurred in the same transaction or occurrence of the

alleged criminal act; or

(iii) a person over the age of seven and less than twelve years of age

having committed an act that would constitute one of the following

crimes, if committed by an adult: (A) aggravated criminally negligent

homicide as defined in section 125.11 of the penal law; (B) vehicular

manslaughter in the second degree as defined in section 125.12 of the

penal law; (C) vehicular manslaughter in the first degree as defined in

section 125.13 of the penal law; (D) aggravated vehicular homicide as

defined in section 125.14 of the penal law; (E) manslaughter in the

second degree as defined in section 125.15 of the penal law; (F)

manslaughter in the first degree as defined in section 125.20 of the

penal law; (G) aggravated manslaughter in the second degree as defined

in section 125.21 of the penal law; (H) aggravated manslaughter in the

first degree as defined in section 125.22 of the penal law; (I) murder

in the second degree as defined in section 125.25 of the penal law; (J)

aggravated murder as defined in section 125.26 of the penal law; and (K)

murder in the first degree as defined in section 125.27 of the penal

law; and

(b) who is:

(i) not criminally responsible for such conduct by reason of infancy;

or

(ii) the defendant in an action ordered removed from a criminal court

to the family court pursuant to article seven hundred twenty-five of the

criminal procedure law.

2. "Respondent" means the person against whom a juvenile delinquency

petition is filed pursuant to section 310.1. Provided, however, that any

act of the respondent required or authorized under this article may be

performed by his or her attorney unless expressly provided otherwise.

3. "Detention" means the temporary care and maintenance of children

away from their own homes, as defined in section five hundred two of the

executive law. Detention of a person alleged to be or adjudicated as a

juvenile delinquent shall be authorized only in a facility certified by

the division for youth as a detention facility pursuant to section five

hundred three of the executive law.

4. "Secure detention facility" means a facility characterized by

physically restricting construction, hardware and procedures.

5. "Non-secure detention facility" means a facility characterized by

the absence of physically restricting construction, hardware and

procedures.

6. "Fact-finding hearing" means a hearing to determine whether the

respondent or respondents committed the crime or crimes alleged in the

petition or petitions.

7. "Dispositional hearing" means a hearing to determine whether the

respondent requires supervision, treatment or confinement.

8. "Designated felony act" means an act which, if done by an adult,

would be a crime: (i) defined in sections 125.27 (murder in the first

degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the

first degree); or 150.20 (arson in the first degree) of the penal law

committed by a person thirteen, fourteen, fifteen, sixteen, or seventeen

years of age; or such conduct committed as a sexually motivated felony,

where authorized pursuant to section 130.91 of the penal law; (ii)

defined in sections 120.10 (assault in the first degree); 125.20

(manslaughter in the first degree); 130.35 (rape in the first degree);

130.50 (criminal sexual act in the first degree); 130.70 (aggravated

sexual abuse in the first degree); 135.20 (kidnapping in the second

degree) but only where the abduction involved the use or threat of use

of deadly physical force; 150.15 (arson in the second degree) or 160.15

(robbery in the first degree) of the penal law committed by a person

thirteen, fourteen, fifteen, sixteen, or seventeen years of age; or such

conduct committed as a sexually motivated felony, where authorized

pursuant to section 130.91 of the penal law; (iii) defined in the penal

law as an attempt to commit murder in the first or second degree or

kidnapping in the first degree committed by a person thirteen, fourteen,

fifteen, sixteen, or seventeen years of age; or such conduct committed

as a sexually motivated felony, where authorized pursuant to section

130.91 of the penal law; (iv) defined in section 140.30 (burglary in the

first degree); subdivision one of section 140.25 (burglary in the second

degree); subdivision two of section 160.10 (robbery in the second

degree) of the penal law; or section 265.03 of the penal law, where such

machine gun or such firearm is possessed on school grounds, as that

phrase is defined in subdivision fourteen of section 220.00 of the penal

law committed by a person fourteen, fifteen, sixteen, or seventeen years

of age; or such conduct committed as a sexually motivated felony, where

authorized pursuant to section 130.91 of the penal law; (v) defined in

section 120.05 (assault in the second degree) or 160.10 (robbery in the

second degree) of the penal law committed by a person fourteen, fifteen,

sixteen or seventeen years of age but only where there has been a prior

finding by a court that such person has previously committed an act

which, if committed by an adult, would be the crime of assault in the

second degree, robbery in the second degree or any designated felony act

specified in paragraph (i), (ii), or (iii) of this subdivision

regardless of the age of such person at the time of the commission of

the prior act; (vi) other than a misdemeanor committed by a person at

least twelve but less than eighteen years of age, but only where there

have been two prior findings by the court that such person has committed

a prior act which, if committed by an adult, would be a felony.

9. "Designated class A felony act" means a designated felony act that

would constitute a class A felony if committed by an adult.

10. "Secure facility" means a residential facility in which the

respondent may be placed under this article, which is characterized by

physically restricting construction, hardware and procedures, and is

designated as a secure facility by the division for youth.

11. "Restrictive placement" means a placement pursuant to section

353.5.

12. "Presentment agency" means the agency or authority which pursuant

to section two hundred fifty-four or two hundred fifty-four-a is

responsible for presenting a juvenile delinquency petition.

13. "Incapacitated person" means a respondent who, as a result of

mental illness, or intellectual or developmental disability as defined

in subdivisions twenty and twenty-two of section 1.03 of the mental

hygiene law, lacks capacity to understand the proceedings against him or

her or to assist in his or her own defense.

14. Any reference in this article to the commission of a crime

includes any act which, if done by an adult, would constitute a crime.

15. "Aggravated circumstances" shall have the same meaning as the

definition of such term in subdivision (j) of section one thousand

twelve of this act.

16. "Permanency hearing" means an initial hearing or subsequent

hearing held in accordance with the provisions of this article for the

purpose of reviewing the foster care status of the respondent and the

appropriateness of the permanency plan developed by the commissioner of

social services or the office of children and family services.

17. "Designated educational official" shall mean (a) an employee or

representative of a school district who is designated by the school

district or (b) an employee or representative of a charter school or

private elementary or secondary school who is designated by such school

to receive records pursuant to this article and to coordinate the

student's participation in programs which may exist in the school

district or community, including: non-violent conflict resolution

programs, peer mediation programs and youth courts, extended day

programs and other school violence prevention and intervention programs

which may exist in the school district or community. Such notification

shall be kept separate and apart from such student's school records and

shall be accessible only by the designated educational official. Such

notification shall not be part of such student's permanent school record

and shall not be appended to or included in any documentation regarding

such student and shall be destroyed at such time as such student is no

longer enrolled in the school district. At no time shall such

notification be used for any purpose other than those specified in this

subdivision.