When a youth part directs that an action or charge is to be removed to
the family court the youth part must issue an order of removal in
accordance with this section. Such order must be as follows:
1. It must provide that the action or charge is to be removed to the
family court of the county in which such action or charge was pending,
and it must specify the section pursuant to which the removal is
authorized.
2. Where the direction is authorized pursuant to paragraph (b) of
subdivision three of sections 722.20 or 722.21 of this title, it must
specify the act or acts it found reasonable cause to believe the
defendant did.
3. Where the direction is authorized pursuant to subdivision four of
section 722.20 or section 722.21 of this title, it must specify the act
or acts it found reasonable cause to allege.
4. Where the direction is authorized pursuant to section 190.71 of
this chapter, the court shall annex to the order as part thereof a
certified copy of the grand jury request.
4-a. Where the direction is authorized pursuant to subdivision seven
of section 210.30 of this chapter, it must specify the act or acts for
which there was sufficient evidence to believe that defendant did.
5. Where the direction is authorized pursuant to section 220.10,
310.85 or 330.25 of this chapter, it must specify the act or acts for
which a plea or verdict of guilty was rendered or accepted and entered.
6. Where a securing order has not been made, the order of removal must
provide that the police officer or peace officer who made the arrest or
some other proper officer forthwith and with all reasonable speed take
the juvenile to the designated family court or, where that cannot be
done, it must provide for release or detention in the same manner as
provided for a family court proceeding pursuant to section 320.5 of the
family court act.
7. Whether or not a securing order has been made, the order of removal
must specify a date certain within ten days from the date of the order
of removal for the defendant's appearance in the family court and where
the defendant is in detention or in the custody of the sheriff that date
must be not later than the next day the family court is in session.
Unless the defendant is in detention or is in the custody of the sheriff
or unless the order of removal specifies a juvenile or adolescent
offense for which the defendant is not eligible for consideration for
adjustment under subdivision thirteen or fourteen of section 308.1 of
the family court act, the order of removal shall direct the defendant to
appear at the family court intake office of the county department of
probation for adjustment consideration; provided, however, that pursuant
to subdivision three of section 308.1 of the family court act, the fact
that the defendant is in detention or is in the custody of the sheriff
shall not preclude the probation service from adjusting the case if the
defendant is otherwise eligible for adjustment.
8. The order of removal must direct that all of the pleadings and
proceedings in the action, or a certified copy of same be transferred to
the designated family court and be delivered to and filed with the clerk
of that court. For the purposes of this subdivision the term "pleadings
and proceedings" includes the minutes of any hearing inquiry or trial
held in the action, the minutes of any grand jury proceeding and the
minutes of any plea accepted and entered.
9. The order of removal must be signed by a judge or justice of the
court that directed the removal.