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Order Upon Fact Finding Hearing Form. This is a New York form and can be use in Family Court Statewide.
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Tags: Order Upon Fact Finding Hearing, 3-28, New York Statewide, Family Court
F.C.A.§ 345.1 Form 3-28 (Juvenile Delinquency Order Upon Factfinding) 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. ORDER UPON FACT-FINDING HEARING A Person Alleged to be a Juvenile Delinquent, Respondent. .......................................................................... (The petition of under article 3 of the Family Court Act, sworn to on , having been filed in this court) (An order of removal pursuant to section(180.75)(190. 71)(210.30) of the Criminal Procedure Law, deemed to be a petition in accordance with section 311.1 of the Family Court Act, having been duly filed with this court on , ,) alleging that the above named Respondent (committed a designated felony act and) is a juvenile delinquent; and Notice having been duly given to Respondent and (Respondent's , parent(s)) (the person legally responsible for the child's care) pursuant to section 341.2 of the Family Court Act; and Respondent (having appeared by counsel) ( and of Respondent (not) having appeared) before this Court to answer the petition; and American LegalNet, Inc. www.FormsWorkFlow.com Form 3-28 page 2 (Respondent having voluntarily, intelligently and knowingly admitted in open court that (s)he (Respondent having denied the allegations of the petition, and the matter having duly come on for a fact-finding hearing before this court;) and The Court, after hearing the proof and testimony offered in relation to the case, finds (beyond a reasonable doubt that the following allegations or specific counts of the petition are established in that the Respondent did the following act(s): [Specify as to each count.] ) (that the following allegations or specific counts of the petition are not established: [Specify as to each count.] ) (and that there has (have) been (a) prior finding(s) by a court that the Respondent committed (an) act(s) which if committed by an adult would be: ;) NOW therefore, upon the findings made in the fact- finding hearing and upon all proceedings had herein, it is (ORDERED and ADJUDGED that the above-named respondent while under years of age, did an act which if done by an adult would constitute the crime(s) of: a.[specify crime(s)] as defined by section (s) of the Penal Law, (a) designated felony act(s) pursuant to section 301.2 of the Family Court Act [Specify as to each count]. American LegalNet, Inc. www.FormsWorkFlow.com Form 3-28 page 3 b. [specify crime(s)] of the (Penal Law) ( as defined by );) (and it is) section(s) (ORDERED and ADJUDGED that the (petition (the following specific count(s) of the petition) be and hereby (is) (are) dismissed: .) (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]:_____________________ American LegalNet, Inc. www.FormsWorkFlow.com