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New York Family Court Act Section 115 - Jurisdiction Of Family Court.

Legal Research Home > New York Lawyer > Family Court > New York Family Court Act Section 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 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,  and  by reason of mental illness, mental retardation 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;
    (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  mentally  defective  or  retarded
  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 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;  and 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, the
  interstate compact on the placement of children, as set forth in section
  three hundred seventy-four-a of the social services law, and the uniform
  child custody jurisdiction and enforcement act, as set forth in  article
  five-A of the domestic relations 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.

Last modified: July 31, 2006