Glossary of Terms: Family Court
Acknowledgment of Paternity – A voluntary written statement made by the mother and biological father in which they admit that the man is the father of the child. A properly executed statement has the same legal effect as a court order. (See attached .pdf Sample Copy)
Adjournment In Contemplation of Dismissal (ACD) – Adjournment of a proceeding, for a specified period of time, usually six months. If the conditions of ACD are met, then the petition may be dismissed in the furtherance of justice.
Appeal - A proceeding to have a case examined by an appropriate higher court to see if a lower court’s decision was made correctly according to law. Appeals to Family Court proceedings are heard in Appellate Division of the Supreme Court. (See How to File an Appeal to a NYC Family Court Order).
ASFA - Adoption and Safe Families Act of 1997 – Federal Law that established national goals and requirements for children in the child welfare system safety, permanency and well-being.
Assigned Counsel – See 18B Attorney.
Assignment Judge – The Judge that oversees courtroom in which new cases first appear on a court calendar for service, allocution, adjournments, assignment of counsel and/or issuance of temporary orders.
Court Attorney Referee – Quasi-judicial officer empowered to hear and determine proceedings in Family Court upon referral by a judge and consent of the parties. In cases where consent is not given, Court Attorney Referees, upon referral by a judge, are empowered to hear and report.
Disposition – The court’s final decision or resolution of the relief requested on the current petition.
Fact-Finding Hearing - The hearing in Family Court where it will be decided if the charges are proven.
Guardian – In the New York City Family Court, person to whom letters of guardianship have been issued for minor person (under the age of 18 years).
Guardian Ad Litem (GAL) - Person appointed by a court to represent a minor or incompetent for purpose of litigation; person does not act as an attorney.
Guardianship - Control or manage of the person or property, or both, of another who is incapable of acting for himself/herself. A guardianship proceeding in the Family Court only deals with the guardianship of the person, not the person’s property.
Intake - First court proceeding in Family Court where the petition is read and charges/demands explained.
Investigation and Report – A court ordered report requesting the Probation Department or Administration of Children’s service to investigate the parties of case and prepare a written report for the adjourn date. The investigation usually includes interviews with the parties and/or children and possibly a home visit. This report may also be called a court ordered investigation (COI).
Judicial Surrender - A surrender of a child to an authorized agency for the purpose of adoption which is executed and acknowledged before a judge of the Family Court or a Surrogate in this state.
Juvenile Delinquent – A person over 7 and less than 16 who is found to have committed an act that would be a crime if it were done by an adult and is also found to require either supervision, confinement or treatment. ( more >> )
Kinship Foster Care – Foster care placement with a family member.
Law Guardian – Lawyer assigned by the court to act as a child’s attorney.
Lawyers for Children (LFC) – Attorneys and certified social workers, who provide services to children as law guardians in foster care review and termination of paternal rights proceedings.
NYS Child Abuse & Maltreatment Central Registry - A New York State agency responsible for maintaining all reports of alleged child abuse and maltreatment are recorded.
Order of Visitation - Order which provides that the person who has custody of a child(ren) must allow the non-custodial parent or another person to visit the child(ren) on specific days and times.
Permanency Planning Hearing - Hearing involving a child in foster care, court ordered or voluntary, to establish time frames for the return of the child to his/her home or other permanency plans, including adoption.
Permanent Neglect - An allegation by an agency responsible for a child in foster care that believes that the child’s parents have not kept in contact, and have not planned for the child’s future.
Person in Need of Supervision (PINS) – A person under the age of 18 who does not attend school and/or behaves in a way that is dangerous or out of control and/or often disobeys parents, guardians or other authorities.( more >> ) Petition – A signed, formal written request to a Family Court, that starts a case and asks for specific assistance from the court. Petition Transferred – An order directing that a petition be transferred to another venue.
Remand To ACS - The temporary removal of a child during the pendency of a PINS or neglect/abuse proceeding. During that period, the child is remanded to the Administration of Children’s Services for custodial care.
Respondent - The person who formally answers the allegations stated in a petition which has been filed in court.
18b Attorney - An attorney assigned by the Court to represent a party in the Family Court. The assignment is made under County Law Sec 18b.
For a more complete Glossary of Family Court terms, click here.
