N.Y. Family Court Act § 350.3: Dispositional hearings; evidence and required quantum of proof - appearance of presentment agency

§ 350.3. Dispositional hearings; evidence and required quantum of

proof - appearance of presentment agency. 1. Only evidence that is

material and relevant may be admitted during a dispositional hearing.

2. An adjudication at the conclusion of a dispositional hearing must

be based on a preponderance of the evidence.

3. The presentment agency shall appear at the dispositional hearing.

4. The victim has the right to make a statement with regard to any

matter relevant to the question of disposition. If the victim chooses to

make a statement, such individual shall notify the court at least ten

days prior to the date of the dispositional hearing. The court shall

notify the respondent no less than seven days prior to the dispositional

hearing of the victim's intent to make a statement. The victim shall not

be made aware of the final disposition of the case.