N.Y. Family Court Act § 311.1: The petition; definition and contents

§ 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allegations of a designated felony act are dismissed or withdrawn or the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.