New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 1014. Transfer to and from family court; concurrent proceedings. (a)
The family court may transfer upon a hearing any proceedings originated
under this article to an appropriate criminal court or may refer such
proceeding to the appropriate district attorney if it concludes, that
the processes of the family court are inappropriate or insufficient.
The family court may continue the proceeding under this article after
such transfer or referral and if the proceeding is continued, the family
court may enter any preliminary order, as authorized by section one
thousand twenty-seven, in order to protect the interests of the child
pending a final order of disposition.
(b) Any criminal complaint charging facts amounting to abuse or
neglect under this article may be transferred by the criminal court in
which the complaint was made to the family court in the county in which
the criminal court is located, unless the family court has transferred
the proceeding to the criminal court. The family court shall then, upon
a hearing, determine what further action is appropriate. After the
family court makes this determination, any criminal complaint may be
transferred back to the criminal court, with or without retention of the
proceeding in the family court, or may be retained solely in the family
court, or if there appears to be no basis for the complaint, it may be
dismissed by the family court. If the family court determines a petition
should be filed, proceedings under this act shall be commenced as soon
as practicable.
(c) Nothing in this article shall be interpreted to preclude
concurrent proceedings in the family court and a criminal court.
(d) In any hearing conducted by the family court under this section,
the court may grant the respondent or potential respondent testimonial
immunity in any subsequent criminal court proceeding.
