S T A T E   O F   N E W   Y O R K
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                                  10341

                          I N  A S S E M B L Y

                              May 23, 2016
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

AN  ACT  to  amend  the family court act, in relation to adjournments in
  contemplation of dismissal and suspended judgments in child protective
  proceedings in the family court

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1039 of the family court act, as amended by chapter
707  of  the  laws  of  1975, subdivisions (a), (b), (c), (d) and (e) as
amended by chapter 41 of the laws of 2010 and subdivision (f) as amended
by chapter 601 of the laws of 1985, is amended to read as follows:
  S 1039. Adjournment in contemplation of dismissal.  (a) (I)  Prior  to
[or  upon]  THE  ENTRY OF a fact-finding [hearing] ORDER, the court may,
upon a motion by [the petitioner with the consent of the respondent and]
ANY PARTY OR the child's attorney WITH THE CONSENT OF  ALL  PARTIES  AND
THE  CHILD'S  ATTORNEY,  or upon its own motion with the consent of [the
petitioner, the respondent] ALL PARTIES and the child's attorney,  order
that  the  proceeding  be  ["]adjourned in contemplation of dismissal[".
Under no circumstances shall the court order any party to consent to  an
order under this section].
  (II)  AFTER  ENTRY OF A FACT-FINDING ORDER BUT PRIOR TO THE ENTRY OF A
DISPOSITIONAL ORDER, THE COURT MAY, WITH CONSENT OF THE  RESPONDENT  AND
UPON  MOTION OF ANY PARTY OR THE CHILD'S ATTORNEY OR UPON ITS OWN MOTION
WITHOUT REQUIRING THE CONSENT OF THE  PETITIONER  OR  ATTORNEY  FOR  THE
CHILD,  ORDER  THAT  THE  PROCEEDING  BE  ADJOURNED  IN CONTEMPLATION OF
DISMISSAL. THE PETITIONER, RESPONDENT AND ATTORNEY FOR THE CHILD HAVE  A
RIGHT TO BE HEARD WITH RESPECT TO THE MOTION.
  (III) The court may make [such] AN order UNDER THIS SECTION only after
it  has apprised the respondent of the provisions of this section and it
is  satisfied  that  the  respondent  understands  the  effect  of  such
provisions.    UNDER NO CIRCUMSTANCES SHALL THE COURT ORDER ANY PARTY TO
CONSENT TO AN ORDER UNDER  THIS  SECTION.  THE  COURT  SHALL  STATE  ITS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14422-03-6
              

A. 10341                            2

REASONS  ON  THE  RECORD FOR ORDERING AN ADJOURNMENT IN CONTEMPLATION OF
DISMISSAL UNDER THIS SECTION.
  (b)  An adjournment in contemplation of dismissal is an adjournment of
the proceeding for a period not to exceed one year with a view to  ulti-
mate  dismissal  of the petition in furtherance of justice.  IN THE CASE
OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AFTER  THE  ENTRY  OF  A
FACT-FINDING  ORDER, SUCH DISMISSAL INCLUDES VACATUR OF THE FACT-FINDING
ORDER.
  (I) Upon the consent of the petitioner, the respondent and the child's
attorney, the court may issue an order extending [such] THE period OF AN
ADJOURNMENT IN CONTEMPLATION OF DISMISSAL ISSUED PURSUANT  TO  PARAGRAPH
(I)  OF  SUBDIVISION  (A)  OF  THIS  SECTION  PRIOR  TO  THE  ENTRY OF A
FACT-FINDING ORDER for such time and upon  such  conditions  as  may  be
agreeable to the parties.
  (II)  FOR GOOD CAUSE SHOWN AND WITH THE CONSENT OF THE RESPONDENT, THE
COURT MAY, ON ITS OWN MOTION OR ON MOTION OF ANY PARTY OR  THE  ATTORNEY
FOR  THE CHILD AND AFTER PROVIDING NOTICE AND AN OPPORTUNITY TO BE HEARD
TO ALL PARTIES AND THE ATTORNEY FOR THE CHILD, ISSUE AN ORDER  EXTENDING
AN  ADJOURNMENT  IN  CONTEMPLATION OF DISMISSAL ISSUED PURSUANT TO PARA-
GRAPH (II)  OF  SUBDIVISION  (A)  OF  THIS  SECTION  AFTER  ENTRY  OF  A
FACT-FINDING  ORDER  FOR SUCH TIME AND UPON SUCH CONDITIONS AS MAY BE IN
THE BEST INTERESTS OF THE CHILD OR CHILDREN WHO ARE THE SUBJECTS OF  THE
PROCEEDING.
  (III) THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR EXTENDING AN
ADJOURNMENT  IN  CONTEMPLATION  OF  DISMISSAL  UNDER  THIS  SUBDIVISION,
INCLUDING ITS REASONS FOR CHANGES IN THE TERMS AND CONDITIONS, IF ANY.
  (c) [Such] THE order [may] SHALL include terms and conditions  [agree-
able  to  the  parties  and  to  the court, provided that such terms and
conditions] IN FURTHERANCE OF THE BEST INTERESTS OF THE CHILD  OR  CHIL-
DREN  WHO  ARE THE SUBJECTS OF THE PROCEEDING AND shall include, BUT NOT
BE LIMITED TO, a requirement that the child and the respondent be  under
the  supervision  of  a  child  protective agency during the adjournment
period.  EXCEPT AS PROVIDED IN SUBDIVISION (G) OF THIS SECTION, AN ORDER
PURSUANT TO SUBPARAGRAPHS (I) AND (III) OF PARAGRAPH (A) OF  SUBDIVISION
TWO OF SECTION ONE THOUSAND SEVENTEEN, PARAGRAPHS (III), (VI), AND (VII)
OF  SUBDIVISION (A) OF SECTION ONE THOUSAND FIFTY-TWO, SECTION ONE THOU-
SAND FIFTY-FIVE OR SECTION ONE THOUSAND  FIFTY-FIVE-B  OF  THIS  ARTICLE
SHALL NOT BE MADE IN ANY CASE ADJOURNED UNDER THIS SECTION; NOR SHALL AN
ORDER  UNDER  THIS  SECTION  CONTAIN  A CONDITION REQUIRING THE CHILD OR
CHILDREN TO BE PLACED VOLUNTARILY PURSUANT  TO  SECTIONS  THREE  HUNDRED
FIFTY-EIGHT  AND THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL SERVICES LAW.
In any order issued pursuant to this section, [such  agency]  THE  PETI-
TIONER  shall  be  directed  to make a progress report to the court, the
parties and the child's attorney on the implementation of such order, no
later than ninety days after the issuance of  such  order[,  unless  the
court  determines  that  the  facts and circumstances of the case do not
require such reports to be made] AND SHALL SUBMIT A REPORT  PURSUANT  TO
SECTION  ONE  THOUSAND  FIFTY-EIGHT  OF THIS ARTICLE NO LATER THAN SIXTY
DAYS PRIOR TO THE EXPIRATION OF THE ORDER. The [child protective agency]
PETITIONER shall make further reports to the court, the parties and  the
child's  attorney  in  such  manner  and  at such times as the court may
direct.
  (d) Upon application of  the  respondent,  the  petitioner[,]  OR  the
child's attorney or upon the court's own motion, made at any time during
the  duration  of  the  order, if the child protective agency has failed
substantially to provide the respondent with adequate supervision or  to

A. 10341                            3

observe  the terms and conditions of the order, the court may direct the
child protective agency to observe such terms and conditions and provide
adequate supervision or  may  make  any  order  authorized  pursuant  to
section two hundred fifty-five OR ONE THOUSAND FIFTEEN-A of this act.
  (e) [Upon application of] IF, PRIOR TO THE EXPIRATION OF THE PERIOD OF
AN  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, A MOTION OR ORDER TO SHOW
CAUSE IS FILED BY the petitioner or the child's  attorney  or  upon  the
court's  own  motion, made at any time during the duration of the order,
[the] THAT ALLEGES A VIOLATION  OF  THE  TERMS  AND  CONDITIONS  OF  THE
ADJOURNMENT, THE PERIOD OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL
IS  TOLLED  AS  OF  THE  DATE OF SUCH FILING UNTIL THE ENTRY OF AN ORDER
DISPOSING OF THE MOTION OR ORDER TO SHOW CAUSE.   THE court  may  REVOKE
THE  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AND restore the matter to
the calendar OR THE COURT MAY EXTEND THE PERIOD OF  THE  ADJOURNMENT  IN
CONTEMPLATION  OF DISMISSAL PURSUANT TO SUBDIVISION (B) OF THIS SECTION,
if the court finds after a hearing ON THE  ALLEGED  VIOLATION  that  the
respondent  has failed substantially to observe the terms and conditions
of the order or to cooperate with the supervising child protective agen-
cy. [In such event] WHERE THE  COURT  HAS  REVOKED  THE  ADJOURNMENT  IN
CONTEMPLATION OF DISMISSAL AND RESTORED THE MATTER TO THE CALENDAR:
  (I) IN THE CASE OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL ISSUED
PRIOR  TO  THE ENTRY OF A FACT-FINDING ORDER, unless the parties consent
to an order pursuant to section one thousand  fifty-one  of  this  [act]
ARTICLE  or  unless  the  petition  is dismissed upon the consent of the
petitioner, the court shall thereupon proceed to a fact-finding  hearing
under this article no later than sixty days after [such] THE application
TO RESTORE THE MATTER TO THE CALENDAR, unless such period is extended by
the court for good cause shown; OR
  (II)  IN  THE  CASE  OF  AN  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL
ISSUED AFTER THE ENTRY OF A FACT-FINDING ORDER, THE COURT SHALL THEREUP-
ON PROCEED TO A DISPOSITIONAL HEARING UNDER THIS ARTICLE NO  LATER  THAN
THIRTY DAYS AFTER THE APPLICATION TO RESTORE THE MATTER TO THE CALENDAR,
UNLESS SUCH PERIOD IS EXTENDED BY THE COURT FOR GOOD CAUSE SHOWN.
  (III)  THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR REVOKING AN
ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AND RESTORING  THE  MATTER  TO
THE CALENDAR UNDER THIS SUBDIVISION.
  (f) If the proceeding is not [so] restored to the calendar AS A RESULT
OF A FINDING OF AN ALLEGED VIOLATION PURSUANT TO SUBDIVISION (E) OF THIS
SECTION  AND  IF  THE  ADJOURNMENT  IN CONTEMPLATION OF DISMISSAL IS NOT
EXTENDED PURSUANT TO SUBDIVISION (B) OF THIS SECTION, the  petition  is,
at the expiration of the adjournment IN CONTEMPLATION OF DISMISSAL peri-
od, deemed to have been dismissed by the court in furtherance of justice
[unless  an  application  is pending pursuant to subdivision (e) of this
section]. If [such application is granted] THE COURT FINDS  A  VIOLATION
PURSUANT  TO  SUBDIVISION (E) OF THIS SECTION, the petition shall not be
dismissed and shall proceed in accordance with the  provisions  of  such
subdivision (e).
  (g)  Notwithstanding  the  provisions  of this section, IF A MOTION OR
ORDER TO SHOW CAUSE IS FILED ALLEGING A VIOLATION PURSUANT  TO  SUBDIVI-
SION  (E)  OF THIS SECTION AND THE COURT FINDS THAT REMOVAL OF THE CHILD
FROM THE HOME IS NECESSARY PURSUANT TO SECTION ONE THOUSAND TWENTY-SEVEN
OF THIS ARTICLE DURING THE PENDENCY OF THE VIOLATION MOTION OR ORDER  TO
SHOW  CAUSE,  the  court[,]  may,  at any time prior to dismissal of the
petition pursuant to subdivision (f) OF THIS  SECTION,  issue  an  order
authorized  pursuant  to section one thousand twenty-seven OF THIS ARTI-
CLE. NOTHING IN THIS SECTION SHALL PRECLUDE THE CHILD PROTECTIVE  AGENCY

A. 10341                            4

FROM   TAKING   EMERGENCY   ACTION  PURSUANT  TO  SECTION  ONE  THOUSAND
TWENTY-FOUR OF THIS  ARTICLE  WHERE  COMPELLED  BY  THE  TERMS  OF  THAT
SECTION.  IF  THE  VIOLATION  IS FOUND AND THE MATTER IS RESTORED TO THE
CALENDAR,  THE COURT MAY MAKE FURTHER ORDERS IN ACCORDANCE WITH SUBDIVI-
SION (E) OF THIS SECTION.
  S 2. Section 1053 of the family court act, as added by chapter 962  of
the  laws  of  1970  and subdivision (c) as amended by chapter 41 of the
laws of 2010, is amended to read as follows:
  S 1053. Suspended judgment.  (a) Rules of court shall define permissi-
ble terms and conditions of a suspended judgment. These terms and condi-
tions shall relate to the acts or  omissions  of  the  parent  or  other
person legally responsible for the care of the child.
  (b) The maximum duration of any term or condition of a suspended judg-
ment is one year, unless the court finds at the conclusion of that peri-
od,  upon a hearing, that exceptional circumstances require an extension
thereof for A PERIOD OF UP TO an additional year.  THE COURT SHALL STATE
ITS REASONS ON THE RECORD FOR EXTENDING A PERIOD OF  SUSPENDED  JUDGMENT
UNDER  THIS  SUBDIVISION, INCLUDING ITS REASONS FOR CHANGES IN THE TERMS
AND CONDITIONS, IF ANY.
  (c) Except as provided for herein, in any  order  issued  pursuant  to
this  section, the court may require the child protective agency to make
progress reports to the court, the parties, and the child's attorney  on
the  implementation  of  such  order.  Where the order of disposition is
issued upon the consent of the parties and the  child's  attorney,  such
agency  shall  report to the court, the parties and the child's attorney
no later than ninety days after the issuance of the  order,  unless  the
court  determines  that  the  facts and circumstances of the case do not
require such report to be made.
  (D) THE ORDER OF SUSPENDED JUDGMENT MUST SET FORTH THE DURATION, TERMS
AND CONDITIONS OF THE  SUSPENDED  JUDGMENT,  AND  MUST  CONTAIN  A  DATE
CERTAIN FOR A COURT REVIEW NOT LATER THAN THIRTY DAYS PRIOR TO THE EXPI-
RATION OF THE PERIOD OF SUSPENDED JUDGMENT. THE ORDER OF SUSPENDED JUDG-
MENT  ALSO  MUST  STATE  IN CONSPICUOUS PRINT THAT A FAILURE TO OBEY THE
ORDER MAY LEAD TO ITS REVOCATION AND TO THE ISSUANCE OF ANY  ORDER  THAT
MIGHT  HAVE  BEEN MADE AT THE TIME JUDGMENT WAS SUSPENDED. A COPY OF THE
ORDER OF SUSPENDED JUDGMENT MUST BE FURNISHED TO THE RESPONDENT.
  (E) NOT LATER THAN SIXTY DAYS BEFORE THE EXPIRATION OF THE  PERIOD  OF
SUSPENDED  JUDGMENT,  THE  PETITIONER  SHALL  FILE A REPORT, PURSUANT TO
SECTION ONE THOUSAND FIFTY-EIGHT OF THIS ARTICLE, WITH THE FAMILY  COURT
AND  ALL  PARTIES, INCLUDING THE RESPONDENT AND HIS OR HER ATTORNEY, THE
ATTORNEY FOR THE CHILD AND INTERVENORS, IF ANY, REGARDING  THE  RESPOND-
ENT'S  COMPLIANCE  WITH  THE TERMS OF THE SUSPENDED JUDGMENT. THE REPORT
SHALL BE REVIEWED BY THE COURT ON THE SCHEDULED COURT DATE.    UNLESS  A
MOTION  OR ORDER TO SHOW CAUSE HAS BEEN FILED PRIOR TO THE EXPIRATION OF
THE PERIOD OF SUSPENDED JUDGMENT ALLEGING  A  VIOLATION  OR  SEEKING  AN
EXTENSION  OF  THE  PERIOD  OF  THE SUSPENDED JUDGMENT, THE TERMS OF THE
DISPOSITION OF SUSPENDED JUDGMENT SHALL BE  DEEMED  SATISFIED.  IN  SUCH
EVENT, THE COURT'S JURISDICTION OVER THE PROCEEDING SHALL BE TERMINATED.
HOWEVER,  THE  ORDER  OF FACT-FINDING AND THE PRESUMPTIVE EFFECT OF SUCH
FINDING UPON RETENTION OF THE REPORT OF SUSPECTED ABUSE AND  NEGLECT  ON
THE  STATE CENTRAL REGISTER IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVI-
SION EIGHT OF SECTION FOUR HUNDRED TWENTY-TWO OF THE SOCIAL SERVICES LAW
SHALL REMAIN IN EFFECT UNLESS THE COURT GRANTS A MOTION BY THE  RESPOND-
ENT TO VACATE THE ORDER OF FACT-FINDING PURSUANT TO SECTION ONE THOUSAND
SIXTY-ONE OF THIS ARTICLE.

A. 10341                            5

  S  3.  Section 1071 of the family court act, as amended by chapter 437
of the laws of 2006, is amended to read as follows:
  S 1071. Failure to comply with terms and conditions of suspended judg-
ment.  If,  prior to the expiration of the period of the suspended judg-
ment, a motion or order to show cause  is  filed  that  alleges  that  a
parent  or  other person legally responsible for a child's care violated
the terms and conditions of a suspended judgment  issued  under  section
one  thousand  fifty-three  of this article, the period of the suspended
judgment shall be tolled AS OF THE DATE OF SUCH FILING pending  disposi-
tion of the motion or order to show cause.  IF A MOTION OR ORDER TO SHOW
CAUSE  ALLEGING  A  VIOLATION  HAS  BEEN  FILED AND THE COURT FINDS THAT
REMOVAL OF THE CHILD FROM THE HOME PENDING DISPOSITION OF THE MOTION  OR
ORDER  TO SHOW CAUSE IS NECESSARY PURSUANT TO SECTION ONE THOUSAND TWEN-
TY-SEVEN OF THIS ARTICLE, THE COURT MAY ISSUE AN ORDER PURSUANT TO  SUCH
SECTION  ONE  THOUSAND  TWENTY-SEVEN.    NOTHING  IN  THIS SECTION SHALL
PRECLUDE THE CHILD PROTECTIVE AGENCY FROM TAKING EMERGENCY ACTION PURSU-
ANT TO SECTION ONE THOUSAND TWENTY-FOUR OF THIS ARTICLE WHERE  COMPELLED
BY  THE  TERMS  OF  THAT  SECTION.  If,  after  A hearing ON THE ALLEGED
VIOLATION, the court is satisfied by competent proof that the parent  or
other  person  violated  the  order of suspended judgment, the court may
revoke the suspension of judgment and enter any order  that  might  have
been made at the time judgment was suspended OR MAY EXTEND THE PERIOD OF
SUSPENDED  JUDGMENT  PURSUANT TO SUBDIVISION (B) OF SECTION ONE THOUSAND
FIFTY-THREE OF THIS ARTICLE. THE  COURT  SHALL  STATE  ITS  REASONS  FOR
REVOKING OR EXTENDING A PERIOD OF SUSPENDED JUDGMENT UNDER THIS SECTION.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.