There are updates to Family Court procedures in Suffolk County, effective 01/31/2017:
1) Fingerprinting of household members is no longer a prerequisite to getting a first hearing date in Suffolk County Family Court! All cases will get calendared within 90 days of filing. Attorneys should still complete the OCFS household information, so that the court can run the necessary background checks. However, fingerprinting of household members will be at the discretion of the family court judge, on a case-by-case basis.
2) Again, Suffolk County Family Court “strongly recommends that attorneys file the OCFS with the guardianship petition. Failure to include a completed OCFS upon initial filing can cause delays and adjournments to allow for the OCFS results to come back. There is a risk that without the OCFS results, your case will be dismissed.
3) In considering whether to request fingerprinting, each judge will make determinations on a case-by-case basis, at their discretion, by considering the “totality of the circumstances.” Moreover, judges may also request home visits, which are now conducted through the probation department, but this is not a default requirement.
If you have questions, please contact your Safe Passage Project mentor attorney!