In New York’s legal system, a dispositional hearing is a court proceeding that determines the final outcome of a case after certain facts have already been proven. It is not a trial to determine guilt or fault, but rather a hearing to decide the appropriate course of action. This hearing follows an initial determination by the court, and its purpose is to create a formal plan or order that addresses the issues of the case.
Purpose of a Dispositional Hearing in New York
The central goal is to tailor a resolution that serves the best interests of the individuals involved, particularly in cases concerning children or juveniles. The hearing focuses on the “what next” phase of a legal proceeding. For example, after a child has been found to be neglected, the dispositional hearing will determine the necessary steps to ensure the child’s safety and well-being.
Similarly, in juvenile delinquency cases, the hearing decides on the rehabilitative measures or sanctions that are most appropriate for the youth. The judge considers various factors to create a dispositional order that addresses the specific circumstances of the case.
Common Cases with Dispositional Hearings in New York
Dispositional hearings are used in several types of cases in New York Family Court. One of the most common is in Child Protective Proceedings under Article 10 of the Family Court Act. These hearings occur after a fact-finding hearing determines a child has been abused or neglected, and the dispositional hearing decides on actions needed to protect the child.1ypdcrime.com. Family Court Act | Article 10 | Child Protective Proceedings
Another area is Juvenile Delinquency proceedings under Article 3. When a youth is adjudicated as a juvenile delinquent, a dispositional hearing follows to determine the appropriate outcome.2ypdcrime.com. Family Court Act Article 3 | Juvenile Delinquency Procedures Similarly, Persons in Need of Supervision (PINS) proceedings, under Article 7, involve a dispositional hearing to decide on services or placement after a youth is found to be a PINS.3ypdcrime.com. Family Court Act | Article 7 | Person in Need of Supervision
Prerequisites to a Dispositional Hearing
A dispositional hearing is preceded by a fact-finding hearing, which is a trial where a judge hears evidence and decides if the allegations in the initial petition are true. If the petitioner fails to prove the allegations, the case is dismissed, and no dispositional hearing is necessary.
Only after the judge makes a formal adjudication—a legal finding that a child has been neglected under Article 10, or that a youth is a juvenile delinquent under Article 3—does the case move to the dispositional phase. This two-step process ensures that decisions about outcomes are made only after the underlying facts of the case have been legally established.
The Dispositional Hearing Procedure in New York
The hearing is attended by the judge, attorneys for all parties, including an Attorney for the Child, the parents or respondents, and caseworkers from the relevant social service agency. In juvenile delinquency and PINS cases, the youth involved is also present.
The judge considers written reports, such as an Investigation and Report (I&R) from the Department of Probation or reports from child protective agencies. Attorneys for each party present their arguments, and the judge may also hear testimony from caseworkers, therapists, or other experts who can provide insight into the family’s situation or the youth’s needs.
Potential Outcomes from a New York Dispositional Hearing
The judge has a range of dispositional orders they can issue. In child protective proceedings under Article 10, these include suspending judgment for up to one year, releasing the child to the parents’ custody under supervision, or placing the child in foster care for up to one year.4NYS Open Legislation. NYS Open Legislation | FCT § 1052 The court can also issue an order of protection.
For juvenile delinquency cases under Article 3, dispositions may be a conditional discharge, probation, or placement in a residential facility, and restitution of up to $1,500 may be ordered.5NYS Open Legislation. NYS Open Legislation | FCT § 353.6 In PINS cases under Article 7, a judge might order probation or placement in a group home.6FindLaw. New York Consolidated Laws, Family Court Act – FCT § 754 A case may also result in an Adjournment in Contemplation of Dismissal (ACD), where it is dismissed if conditions are met.