N.Y. Fam. Ct. Act § 162-A

Current through 2024 NY Law Chapter 553
Section 162-A - Use of restraints on children in courtrooms
(a) Use of restraints. Except as otherwise provided in subdivision (b) of this section, restraints on children under the age of twenty-one, including, but not limited to, handcuffs, chains, shackles, irons or straitjackets, are prohibited in the courtroom.
(b) Exception. Permissible physical restraint consisting of handcuffs or footcuffs that shall not be joined to each other may be used in the courtroom during a proceeding before the court only if the court determines on the record, after providing the child with an opportunity to be heard, why such restraint is the least restrictive alternative necessary to prevent:
(1) physical injury to the child or another person by the child;
(2) physically disruptive courtroom behavior by the child, as evidenced by a recent history of behavior that presented a substantial risk of physical harm to the child or another person, where such behavior indicates a substantial likelihood of current physically disruptive courtroom behavior by the child; or
(3) flight from the courtroom by the child, as evidenced by a recent history of absconding from the court.

N.Y. Family Court Law § 162-A

Added by New York Laws 2021, ch. 474,Sec. 1, eff. 10/8/2021.