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22 NYCRR Part 205 — Uniform Rules Family Court

Updated October 27, 2026

Statewide court type

Family Court proceedings

Collected from an official published rule text/index; no assertion that every provision is currently operative in every case. Preserve source version, amendments, waivers, specialized-section limits and applicable later orders.

Official source ↗ · Collected 2026-10-27

Section 205.12 Conference

(7) admissions of fact; (8) stipulations as to admissibility of documents; (9) completion or modification of financial disclosure; (10) possibilities for settlement; and (11) identification of expert and fact witnesses. (c) Where parties are represented by counsel, an attorney thoroughly familiar with the action and authorized to act on behalf of the party or accompanied by a person empowered to act on behalf of the party represented shall appear at such conference.

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Section 205.19 Financial Eligibility for Publicly Funded Counsel

(a) Timely access to counsel. 1). Counsel shall be provided at the first court appearance or immediately following the request for counsel, whichever is earlier. Eligibility determinations shall be made in a timely fashion so that representation by counsel is not delayed.

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Section 205.5 Privacy of Family Court records

Where the Family Court has authorized that the address of a party or child be kept confidential in accordance with Family Court Act, section 154-b(2), any record or document disclosed pursuant to this section shall have such address redacted or otherwise safeguarded.

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Section 205.7 Papers filed in court; docket number; prefix; forms

(d) The case docket number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the proceeding. Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of caption. In addition to complying with the provisions of CPLR 2101, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. In addition, every paper filed in court, other than an exhibit or printed official form promulgated in accordance with section 214 of the Family Court Act, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides. Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind.

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Section 205.7-b Pilot programs for the filing of petitions for temporary orders of protection by electronic means and the issuance of such orders by audio-visual means

(a)  The chief administrator of the courts may establish and implement a plan for one or more pilot programs for the filing of petitions ex parte for temporary orders of protection by electronic means, and for the conduct of proceedings and the issuance of such orders by audio-visual means in order to accommodate litigants for whom attendance at court to file for and obtain emergency relief would constitute an undue hardship, or to accommodate litigants for whom traveling to and appearing in the courthouse to obtain emergency relief creates a risk of harm to such litigant.  In developing this plan, the chief administrator shall strive for programs that are regionally diverse, and shall take into consideration the availability of public transportation, population density, and the availability of suitable program facilities.

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Section 205.7-b Pilot programs for the filing of petitions for temporary orders of protection by electronic means and the issuance of such orders by audio-visual means

(i)  All electronic appearances by petitioners seeking temporary orders of protection ex parte by electronic appearance in a pilot program shall be voluntary, and the consent of participating petitioners will be stated on the record at the commencement of each appearance.

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Section 205.7-b Pilot programs for the filing of petitions for temporary orders of protection by electronic means and the issuance of such orders by audio-visual means

(ii)  Petitioners seeking temporary orders of protection ex parte by electronic appearance in a pilot program must file a petition in advance of such appearance, and may do so by electronic means with the assistance of trained advocates.  The petition shall set forth the circumstances in which a courthouse appearance would constitute undue hardship or create a risk of harm to the petitioner.  Documentary evidence referred to by a party or witness or the court may be transmitted, submitted, and introduced by electronic means.

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Section 205.7-b Pilot programs for the filing of petitions for temporary orders of protection by electronic means and the issuance of such orders by audio-visual means

(iii)  In granting or denying relief sought in a petition, the court shall state the names of all participants, and whether it is granting or denying an appearance by electronic means, and the basis for such determination.

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Section 205.7-b Pilot programs for the filing of petitions for temporary orders of protection by electronic means and the issuance of such orders by audio-visual means

(iv)  Parties shall not be compelled to file a petition or document by electronic means or to testify by electronic appearance. (v)  Electronic appearances shall be recorded and preserved for transcription. (vi)  The pilot program shall not affect or change any existing laws governing the service of process (including requirements for personal service), or the sealing and confidentiality of court records in family court proceedings, or access to family court records.

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Section 205.7-b Pilot programs for the filing of petitions for temporary orders of protection by electronic means and the issuance of such orders by audio-visual means

(e)  The chief administrator shall maintain a current and publicly-available listing of sites where petitioners may make applications and appearances under pilot programs pursuant to this section.

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Section 205.10 Notice of appearance

Each attorney appearing in a proceeding is required to file a written notice of appearance on or before the time of the attorney's first appearance in court or no later than 10 days after appointment or retainer, whichever is sooner. The notice shall contain the attorney's name, office address and telephone number, and the name of the person on whose behalf he or she is appearing.

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Section 205.11 Service and filing of motion papers

(c) The assigned judge may determine that any or all motions in that proceeding shall be orally argued and may direct that moving and responding papers shall be filed with the court prior to the time of argument. (d) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date. A party requesting oral argument shall set forth such request in its notice of motion or on the first page of the answering papers, as the case may be. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard.

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Section 205.13 Engagement of counsel

No adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator of the Courts (22 NYCRR Part 125).

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Section 205.17 Permanency hearings for child in foster care, children directly placed with relatives or other suitable persons and children freed for adoption

(2) The permanency report shall be accompanied by additional reports and documents as directed by the court, which may include, but not be limited to, periodic school report cards, photographs of the child, clinical evaluations and prior court orders in related proceedings.

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Section 205.17 Permanency hearings for child in foster care, children directly placed with relatives or other suitable persons and children freed for adoption

(3) The copy of the report submitted to the Family Court must be sworn and must be accompanied by a list of all persons and addresses to whom the report and/or notice of the permanency hearing were sent. Except as otherwise directed by the Family Court, the list containing the addresses shall be kept confidential and shall not be part of the court record that may be subject to disclosure pursuant to section 205.5 of this Title. The copies of the permanency hearing report required to be sent to the parties and their attorneys, including the child’s attorney, not less than 14 days prior to the scheduled date certain need not be sworn so long as the verification accompanying the Family Court's sworn copy attests to the fact that the copies transmitted were identical in all other respects to the court's sworn copy.

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Section 205.18 Hearings and Submission of Reports and Assessments on the Placement of a Child in a Qualified Residential Treatment Program

(1) The Commissioner of the local social services district or other agency requesting placement (hereafter “Commissioner”) shall file a petition or a motion requesting a court hearing on the placement of a child in a “qualified residential treatment program”  prior to or no later than five days after entry of the child into the placement.  The Commissioner shall serve, send or securely transmit notice to all counsel, the parties, the attorney for the child and, if the child is ten years of age or older, the child, of the date, time and court part in which the case will be heard.  At that appearance, the court shall either make a determination as to the appropriateness of and need for the placement or schedule a hearing for such determination.  The determination shall be made  no later than 60 days of the placement of the child in the “qualified residential treatment program.” (2) The Commissioner shall arrange for the completion of an assessment and report by a “qualified individual” no later than 30 days after the date of the child’s placement in the “qualified residential treatment program” and shall submit it to the court and serve. send or securely transmit it to counsel, the parties and the attorney prior to the first scheduled hearing at which a determination will be made.

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Section 205.18 Hearings and Submission of Reports and Assessments on the Placement of a Child in a Qualified Residential Treatment Program

(4) If the court denies the Commissioner’s application for the child to be placed in the specific “qualified residential treatment program” and/or level of care recommended by the Commissioner, the Commissioner shall submit a new report and assessment within ten  days of the court’s denial.  The new report and assessment shall include a short term and long-term plan for the child including an alternative placement and/or return to parent/guardian. If the alternative placement is a qualified residential treatment program, a new assessment by a “qualified individual” must contain the information required by subdivision  three of this section  and  must be provided to the court and all parties , including the attorney for the child, no later than five days after completion of the report by the “qualified individual” but in no event less than ten days prior to the adjourned date. In such a case, the court shall make a determination of approval or disapproval of the placement in the “qualified residential treatment program.” not later than 60 days after the placement of the child in such program.

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Section 205.19 Financial Eligibility for Publicly Funded Counsel

3). A parent or legally responsible person, as defined by law, shall be entitled to and provided with immediate representation by counsel: (i) upon the filing of a petition or pre-petition request under Article 10 of the Family Court Act for an order for immediate removal of a child or temporary order of protection; (ii) where the court has received notice of an extra-judicial emergency removal of a child; or (iii) upon the filing of a petition alleging abuse or neglect against the parent or person legally responsible. In accordance with this entitlement, counsel shall be provided sufficiently in advance of the person’s first court appearance, and shall also be provided for parents during a child protective agency investigation, consistent with paragraph (2) of this subdivision.

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Section 205.22 Preliminary probation conferences and procedures (juvenile delinquency)

(d) At the first appearance at a conference by each of the persons listed in subdivision (a) of this section, the probation service shall inform such person concerning the function and limitations of, and the alternatives to, the adjustment process, and that:

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Section 205.62 Preliminary conferences and procedures (PINS)

(d) At the first appearance at a conference by each of the persons listed in subdivision (b) of this section, the diversion agency shall inform such person concerning the function of the diversion process and that: (1) he or she has the right to participate in the diversion process;

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Section 205.24 Terms and conditions of order adjourning a proceeding in contemplation of dismissal in accordance with section 315.3 of the Family Court Act

(a) An order adjourning a proceeding in contemplation of dismissal pursuant to section 315.3 of the Family Court Act shall be related to the alleged or adjudicated acts or omissions of respondent and shall contain at least one of the following terms and conditions directing the respondent to:

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Section 205.65 Terms and conditions of order adjourning a proceeding in contemplation of dismissal entered in accordance with section 749(a) of the Family Court Act (PINS)

(a) An order adjourning a proceeding in contemplation of dismissal pursuant to section 749(a) of the Family Court Act shall contain at least one of the following terms and conditions directing the respondent to: (1) attend school regularly and obey all rules and regulations of the school;

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Section 205.24 Terms and conditions of order adjourning a proceeding in contemplation of dismissal in accordance with section 315.3 of the Family Court Act

(b) An order adjourning a proceeding in contemplation of dismissal pursuant to section 315.3 of the Family Court Act may direct that the probation service supervise respondent's compliance with the terms and conditions of said order, and may set a time or times at which the probation service shall report to the court, orally or in writing, concerning compliance with the terms and conditions of said order.

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Section 205.65 Terms and conditions of order adjourning a proceeding in contemplation of dismissal entered in accordance with section 749(a) of the Family Court Act (PINS)

(b) An order adjourning a proceeding in contemplation of dismissal pursuant to section 749(b) of the Family Court Act may set a time or times at which the probation service shall report to the court, orally or in writing, concerning compliance with the terms and conditions of said order.

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Section 205.30 Preliminary probation conferences and procedures (support)

(c) At the first appearance at a conference by each of the persons listed in subdivision (b) of this section, the probation service shall inform such person concerning the function and limitations of, and the alternative to, the adjustment process, and that:

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Section 205.37 Recording of hearings; objections

(a) Hearings may be recorded mechanically. Any equipment used for such mechanical recording or for the production of such recording shall have the prior approval of the Chief Administrator of the Courts. (b) Mechanical recordings shall be appropriately and clearly identified with the name of the case, docket number and date of hearing for storage and retrieval with proper precautions taken for security and preservation of confidentiality. Where hearings are recorded mechanically, the clerk of the court shall provide a means for the making of a duplicate recording or for an alternative method for preparation of a transcript where required by a judge reviewing objections to an order of a support magistrate or when requested by a party.

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Section 205.37 Recording of hearings; objections

(c) A transcript of the proceeding before the support magistrate shall be prepared where required by the judge to whom objections have been submitted for review, in which event costs of duplication and of transcript preparation shall be borne by the objecting party. Either party may request a duplicate recording or transcript, in which event costs of duplication of the recording or preparation of the transcript shall be borne by the requesting party. A transcript shall bear the certification of the transcriber that the transcript is a true and accurate transcription of the proceeding. A party who is financially unable to pay the cost of the duplicate recording or the preparation of a transcript may seek leave of the court to waive costs, fees and expenses pursuant to article 11 of the Civil Practice Law and Rules.

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Section 205.43 Hearings to determine willful nonpayment of child support

(a) A petition that alleges a willful violation or seeks enforcement of an order of support shall be scheduled as soon as possible for a first appearance date in Family Court but in no event more than 60 days of the filing of the violation or enforcement petition.

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Section 205.43 Hearings to determine willful nonpayment of child support

(c) Neither party shall be permitted successive adjournments to secure counsel, except for good cause shown. (d) On the scheduled hearing date on the issue of willfulness, the hearing may not be adjourned except for the following reasons:

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Section 205.43 Hearings to determine willful nonpayment of child support

(1) actual engagement of counsel pursuant to Part 125 of this Title; (2) illness of a party, attorney or support magistrate; (3) consent of the parties; or (4) other good cause shown. No adjournment shall be in excess of 30 days.

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Section 205.43 Hearings to determine willful nonpayment of child support

(e) If a willfulness hearing has commenced and must be continued, the adjourned date shall be within 14 court days. (f) Upon the conclusion of a willfulness hearing in a case heard by a support magistrate, the support magistrate shall issue written findings of fact within 14 court days.

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Section 205.44 Testimony by telephone, audio-visual or other electronic means in child support and paternity cases

(a) This section shall govern applications for testimony to be taken by telephone, audio-visual means or other electronic means in accordance with sections 433, 531-a and 580-316 of the Family Court Act. (b) A party or witness seeking to testify by telephone, audio-visual means or other electronic means must complete an application on the form officially promulgated by the Chief Administrator of the Courts and set forth in Chapter IV of Subtitle D of this Title and, except for good cause shown, must file such application with the court not less than three days in advance of the hearing date. The applicant shall attempt to arrange to provide such testimony at a designated tribunal or the child support enforcement agency, as defined in the Federal Social Security Act (42 U.S.C. title IV-D) in that party's state, or county if within the State. The court may permit the testimony to be taken at any suitable location acceptable to the court, including but not limited to, the party's or witness' counsel's office, personal residence or place of business.

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Section 205.53 Papers required in an adoption proceeding

(8) an affidavit of financial disclosure from the adoptive parent or parents, and from any person whose consent to the adoption is required by law, setting forth the following information: (i) name, address and telephone number of the affiant;

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Section 205.55 Special applications

All applications, including applications to dispense with statutorily required personal appearances, the period of residence of a child, or the period of waiting after filing of the adoption petition, shall be made in writing and shall be accompanied by affidavits setting forth the reasons for the application and all facts relevant thereto.

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Section 205.59 Calendaring of proceedings for adoption from an authorized agency

(b) If such basis is found, the court shall schedule the appearance of the adoptive parent(s) and child before the court, for approval of the adoption, within 30 days of the date of the review. (c) If, upon the court's review, the court finds that there is not an adequate basis for approval of the adoption, the court shall direct such further hearings, submissions or appearances as may be required, and the proceeding shall be adjourned as required for such purposes.

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Section 205.62 Preliminary conferences and procedures (PINS)

(3) statements made to the diversion agency are subject to the confidentiality provisions contained in section 735 of the Family Court Act; (4) if the diversion process is not successfully concluded for reasons other than the noncooperation of the person seeking to originate the proceeding, the diversion agency shall notify the person seeking to originate the proceeding in writing of that fact and that the person seeking to originate the proceeding is entitled to access to the court for the purpose of filing a petition; oral notification shall be confirmed in writing.

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Section 205.86 Video recording of interviews of children alleged to have been sexually abused

(a) In any case in which, pursuant to section 1038(c) of the Family Court Act, a video recording is made of an expert's interview with a child alleged to have been sexually abused, the attorney for the party requesting the video recording, or the party, if unrepresented, shall promptly after the video recording has been completed:

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Section 205.86 Video recording of interviews of children alleged to have been sexually abused

Both the original video recording and the duplicate thereof shall be labelled with the name of the case, the Family Court docket number, the name of the child, the name of the interviewer, the name and address of the technician who prepared the video recording, the date of the interview, and the total elapsed time of the video recording.

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Section 205.86 Video recording of interviews of children alleged to have been sexually abused

(2) The duplicate video recording shall be available for pretrial disclosure pursuant to article 10 of the Family Court Act and any other applicable law. Consistent therewith, the custodian shall permit an attorney for a party, or the party, if not represented by counsel, to borrow the duplicate video recording for a reasonable period of time so that it may be viewed, provided the person to whom it is loaned first certifies, by affidavit filed with the court, that he or she will comply with this subdivision.

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Section 205.86 Video recording of interviews of children alleged to have been sexually abused

(4) Subject to court order otherwise, the duplicate video recording may not be viewed by any person other than a party or his or her counsel or prospective expert witnesses. No copy of the duplicate video recording may be made.

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