New York Consolidated Laws

N.Y. Family Court Act § 350.3 (2026)

Dispositional hearings; evidence and required quantum of proof - appearance of presentment agency

✓ current as of May 2026
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§ 350.3. Dispositional hearings; evidence and required quantum of
proof - appearance of presentment agency. 1. Only evidence that is
material and relevant may be admitted during a dispositional hearing.
  2. An adjudication at the conclusion of a dispositional hearing must
be based on a preponderance of the evidence.
  3. The presentment agency shall appear at the dispositional hearing.
  4. The victim has the right to make a statement with regard to any
matter relevant to the question of disposition. If the victim chooses to
make a statement, such individual shall notify the court at least ten
days prior to the date of the dispositional hearing. The court shall
notify the respondent no less than seven days prior to the dispositional
hearing of the victim's intent to make a statement. The victim shall not
be made aware of the final disposition of the case.