N.Y. Family Court Act § 311.4: Substitution of petition or finding

§ 311.4. Substitution of petition or finding. 1. At any time in the

proceedings the court, upon motion of a respondent or its own motion,

may, with the consent of the presentment agency and with the consent of

the respondent, substitute a petition alleging that the respondent is in

need of supervision for a petition alleging that the respondent is a

juvenile delinquent.

2. At the conclusion of the dispositional hearing the court, upon

motion of the respondent or its own motion, may in its discretion and

with the consent of the respondent, substitute a finding that the

respondent is a person in need of supervision for a finding that the

respondent is a juvenile delinquent.

3. In any proceeding under this article based upon an arrest for an

act of prostitution, there is a presumption that the respondent meets

the criteria as a victim of a severe form of trafficking as defined in

section 7105 of title 22 of the United States Code (Trafficking Victims

Protection Act of 2000). Upon the motion of the respondent, without the

consent of the presentment agency, a petition alleging that the

respondent is in need of supervision shall be substituted for the

delinquency petition. If, however, the respondent has been previously

adjudicated as a juvenile delinquent under this article for an act which

would be a crime pursuant to article two hundred thirty of the penal

law, if the respondent was an adult, or expresses a current

unwillingness to cooperate with specialized services for sexually

exploited youth, continuing with the delinquency proceeding shall be

within the court's discretion. The necessary findings of fact to support

the continuation of the delinquency proceeding shall be reduced to

writing and made part of the court record. If, subsequent to issuance of

a substitution order under this subdivision and prior to the conclusion

of the fact finding hearing on the petition alleging that the respondent

is a person in need of supervision, the respondent is not in substantial

compliance with a lawful order of the court, the court may, in its

discretion, substitute the original petition alleging that the

respondent is a juvenile delinquent for the petition alleging that the

respondent is in need of supervision.