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Order Of Disposition Designated Felony Restrictive Placement Form. This is a New York form and can be use in Family Court Statewide.
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Tags: Order Of Disposition Designated Felony Restrictive Placement, 3-33, New York Statewide, Family Court
F.C.A§§ 350.2,351.1,352.1
352.2,353.1,353.3,
353.5
Form 3-33
(Juvenile DelinquencyOrder of DispositionDesignated FelonyRestrictive Placement)
8/2010
At a term of the Family Court of the
State of New York, held in and for the
County of
,
at
New York
on
,
.
P R E S E N T:
Hon.
Judge
_______________________________________
In the Matter of
Docket No.
Person Alleged to be a
Juvenile Delinquent,
ORDER OF
DISPOSITION A
(Designated Felony;
Restrictive Placement)
Respondent.
________________________________________
An Order of Fact-finding dated the
day of
,
having
been entered in (this Court) (the Family Court of
County) adjudging that
the Respondent herein did the following act(s):[Specify as to each count.]
which would constitute the crime(s) of:
[Delete inapplicable provisions]:
a. [Specify crime(s)]
as defined by
section(s)
of the Penal Law, (a) designated (class A) felony act(s) pursuant to section
301.2 of the Family Court Act; and
b. [Specify crime(s)]
as defined by section(s) of the
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Form 3-33 Page 2
(Penal Law) (specify other law
); and
The matter having thereafter duly come on for a dispositional hearing before the
Court, the Court, after ordering a probation investigation and diagnostic assessment in
accordance with section 351.1 of the Family Court Act and making reports available to counsel
presenting the petition and counsel for Respondent in accordance with section 351.1 of the
Family Court Act and after making an examination and inquiry into the facts and circumstances
of the case finds upon a preponderance of the evidence that the Respondent requires
supervision, treatment, or confinement, and more specifically, restrictive placement in
accordance with section 353.5 of the Family Court Act, for the following reasons:
NOW therefore, upon the findings made in the fact-finding and dispositional hearings
herein and upon all proceedings had herein, it is hereby
ORDERED and ADJUDGED that the above-named Respondent is a juvenile
delinquent on the further ground that the Respondent required confinement; and it is therefore
ORDERED that the proceeding be and the same is hereby continued, and the
Respondent is placed for a period of
years (less the period spent in detention pending
1
disposition,) in the custody of the New York State Office of Children and Family Services for
confinement in a secure facility for
months and may not be released therefrom or
transferred to a non-secure facility during the months of confinement; and it is further
ORDERED that the Respondent shall not be discharged from the custody of the New
York State Office of Children and Family Services during the term of this order; and it is
further
ORDERED that the New York State Office of Children and Family Services (shall)
(shall not) report to the Court pursuant to section 353.5 of the Family Court Act; (and it is
further)
1
Applicable unless the court finds that all or part of such credit would not serve the needs
and best interests of the respondent or the need or protection of the community; F.C.A.
§353.3(5).
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Form 3-33 Page 3
(ORDERED that the New York State Office of Children and Family Services shall
photograph the Respondent.) (and it is further)
(ORDERED
.)
PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM
THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY
APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER
TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A
PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER
IS EARLIEST.
ENTER
_____________________________________
Judge of the Family Court
Dated:
,
.
Check applicable box:
9 Order mailed on [specify date(s) and to whom mailed ]:___________________________
9 Order received in court on [specify date(s) and to whom given]:_____________________
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