NY State Senate Bill 2015-S7220A

Senate Bill S7220A

2015-2016 Legislative Session

Relates to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in the family court

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
May 23, 2016	amended on third reading 7220a
May 04, 2016	advanced to third reading
May 03, 2016	2nd report cal.
Apr 12, 2016	1st report cal.617
Apr 07, 2016	referred to children and families

Votes

- Apr 12, 2016 - Children And Families Committee Vote
  S7220A
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Apr 12, 2016
      
      aye (5)
      
      Avella
      
      Bonacic
      
      Persaud
      
      Savino
      
      Young
      
      aye wr (2)
      
      Montgomery
      
      Serino

Bill Amendments

Original

A (Active)

2015-S7220 - Details

See Assembly Version of this Bill:: A10341
Current Committee:: Senate Rules
Law Section:: Family Court Act
Laws Affected:: Amd §§1039, 1053 & 1071, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4767, A6837
2019-2020: S6214

2015-S7220 - Summary

Relates to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in the family court.

2015-S7220 - Sponsor Memo

                                 BILL NUMBER:  S7220

 TITLE OF BILL :  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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

Long-standing uncertainty regarding the consequences of adjournments
in contemplation of dismissal (ACODs) and suspended judgments in child
protective proceedings has hindered the ability of Family Courts to
utilize these important mechanisms for resolving child protective
cases without the need for resort to a more drastic alternative, such
as out-of-home foster care placements. This measure would clarify and
fill gaps in the statutory framework with respect to both of these
issues.

This measure would clarify that an adjournment in contemplation may be
ordered either before entry of a fact-finding order or before entry of
a final disposition. It would maintain current law permitting an ACOD
to be ordered upon consent of the parties and child's attorney prior
to entry of a fact-finding order. Preserving a 1990 amendment to
Family Court Act § 1039(e) that followed from the Court of Appeals
decision in Matter of Marie B., 62 N.Y.2d 352 (1984), if Family Court

finds a violation of the conditions of the adjournment and restores
the matter to its calendar, the parent would be entitled to a
fact-finding hearing on the original child abuse or neglect petition
prior to the case advancing to the dispositional stage. Eliminating
the confusing and overly limiting phrase "upon a fact-finding
hearing," this measure makes clear that an ACOD may instead be ordered
"(a)fter the entry of a fact-finding order but prior to the entry of a
dispositional order" also upon motion by any party or the child's
attorney. In such a case, consent of the petitioner child protective
agency and child's attorney would not be required but both would have
a right to be heard regarding their positions. In the event the matter
is restored to the Family Court calendar as a result of a violation of
the conditions of the adjournment, the matter would proceed to
disposition no later than thirty days after the application to restore
the matter to the calendar, unless an extension for "good cause" is
granted by the court. In all cases, Family Court must state reasons on
the record for ordering an ACOD.

This measure also clarifies that an ACOD may be extended for up to one
year, either upon consent of the parties and child's attorney (if
prior to fact-finding) or for good cause upon the respondent's consent
(if after fact-finding and prior to disposition). If a violation of
the conditions of the ACOD is alleged, the adjournment period is
tolled pending a determination regarding the alleged violation.
Additionally, sixty days prior to expiration of the ACOD, the child
protective agency must report to the Family Court, parties and child's
attorney regarding compliance with the conditions. If there has been
no violation of the adjournment and it has not been extended, the
petition would be deemed dismissed and, in the case of a
post-fact-finding ACOD, the fact-finding itself would be deemed
vacated. If the court finds a violation, it may extend the ACOD,
possibly with new or different conditions, or may restore the matter
to the calendar for fact-finding (for pre-fact-finding ACODs) or for
disposition (for post-fact-finding ACODs).

During the period of an ACOD, Family Court would not be authorized to
place the child pursuant to Family Court Act § 1055 and the ACOD may
not be conditioned upon the child's voluntary placement pursuant to
Social Services Law § 358-a. Except as necessary under sections 1024
or 1027 of the Family Court Act, the child could not be removed from
home during the adjournment period. These amendments are necessary in
light of the fact that children remanded or placed in foster care,
notwithstanding the ACOD of the underlying proceeding, are not
eligible for Federal foster care reimbursement under Title IV-E of the
Social Security Act. It goes without saying that if the case warrants
dismissal following a period of adjournment, the court would not be
able to find that retention in the home would be contrary to the
child's best interests, as is required by the State and Federal
Adoption and Safe Families Acts for Federal foster care eligibility.
See Family Court Act § 1027(b); Social Services Law § 358-a(3); Public
Law 105-89.

Like the provisions regarding ACODs, the dispositional alternative of
suspended judgment in child protective cases has long generated
confusion, because the Family Court Act is largely silent regarding
procedures for its issuance, as well as its ultimate consequences.
Similar to statutory amendments made in 2005 and 2006 to Family Court
Act § 633,* the suspended judgment provisions applicable to permanent
neglect cases, this measure would amend Family Court Act § 1053 to
require that the order suspending judgment contain the duration, terms
and conditions of the order. The order also would require a warning in
conspicuous print that failure to comply may lead to its revocation
and to issuance of any other order of disposition that might have been
made under Family Court Act § 1052 at the time the judgment was
suspended. A copy of the order must be furnished to the respondent.

This measure would add clarity regarding procedures applicable when a
parent has successfully complied with the conditions of a suspended
judgment. The order suspending judgment must include a date for a
review by the court and parties of the parent's compliance no later
than 30 days prior to the expiration of the suspended judgment period.
In addition to the existing requirements for progress reports 90 days
after issuance of the order and as ordered by the court, the measure
would require a report no later than 60 days prior to the suspended
judgment's expiration.

Consistent with the Appellate Division's observation in Matter of Baby
Girl W, 245 A.D.2d 830 (3rd Dept., 1997), this measure provides that,
at the end of a successful period of a suspended judgment, the
underlying order of fact-finding would not automatically be vacated;
nor would the report on the Statewide Central Register of Child Abuse
and Maltreatment automatically be sealed or expunged. Rather, as in
Matter of Makynli N., 17 Misc.3d 1127(A) (Fam. Ct., Monroe Co., 2007)
(Unreported), the parent could apply to Family Court pursuant to
Family Court Act § 1061 for an order vacating the order of
fact-finding and dismissing the proceeding in accordance with
subdivision (c) of section 1051 of the Family Court Act on the ground
that the court's aid is no longer required and that the dismissal
would be in the children's best interests. See also Matter of Crystal
S., 74 A.D.3d 823 (2nd Dept., 2010); Matter of Araynah B., 34 Misc.3d
566 (Fain. Ct., Kings Co., 2011). Such a dismissal would then provide
the parent with grounds to seek administrative relief in terms of
sealing or expungement of the State Central Register report. As the
Monroe County Family Court noted in its earlier opinion in the case,

(A) suspended judgment neither condones Respondent's neglectful
action, nor does it necessarily eradicate the finding. (Citation
omitted).

Matter of MN, 16 Misc.3d 499, 506 (Fam. Ct., Monroe Co., 2007).
Significantly, it is the requirement of this procedural step, i.e.,
the motion under Family Court Act § 1061, that distinguishes the
outcome of a successful suspended judgment from that of an ACOD. A
suspended judgment may thus be an appropriate disposition in cases in
which the court determines that a full dismissal of the proceedings,
including vacatur of the fact-finding, should not be automatic.
Concomitantly, this measure amends the procedures to be followed in
the event that the parent does not comply with the conditions of a
suspended judgment. While chapter 519 of the Laws of 2008 amended
Family Court Act § 1052(a) to clarify that a disposition of suspended
judgment may not be combined with that of placement of a child, there
may be cases where a temporary removal of a child may be necessary
pending the outcome of a motion or order to show cause alleging a
violation of a suspended judgment. Thus, just as Family Court may
remove a child from home if necessary for the child's protection
pending disposition of a child protective proceeding, pursuant to
Family Court Act § 1027(a)(iii), so, too, this measure would permit
the convening of a hearing and, if needed, temporary removal of child
from his or her home pending the resolution of a violation proceeding.

This measure provides needed clarity to both the provisions regarding
ACODs and the disposition of suspended judgment, thus enhancing the
usefulness of these options for the resolution of child abuse and
neglect proceedings in Family Court. Both of these options are
critically important to promote and preserve the well-being of
children and their families by providing opportunities for families to
access services in order to repair the problems that precipitated
court action without the disruption and, all too often, the trauma of
out-of-home placement.

This measure, which would have no fiscal impact on the State, would
take effect 90 days after becoming law.

 2010 LEGISLATIVE HISTORY :

Senate 8235-A (Sen. Montgomery) (Rules)
Assembly 11506 (M. of A. Weinstein) (PASSED)

 2011-12 LEGISLATIVE HISTORY :

Senate 6678 (Sen. Saland) (Rules)
Assembly 7639 (M. of A. Weinstein) (Passed)


* See L.2005, c.3; L.2006, c.437.

2015-S7220 - Bill Text download pdf

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

                                  7220

                            I N  S E N A T E

                              April 7, 2016
                               ___________

Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families

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.
                                                           LBD14422-01-6

S. 7220                             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 SECTION ONE THOUSAND  SEVENTEEN,  OR  SECTION  ONE  THOUSAND
FIFTY-FIVE 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 PETITIONER 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
observe the terms and conditions of the order, the court may direct  the
child protective agency to observe such terms and conditions and provide

S. 7220                             3

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
FROM   TAKING   EMERGENCY   ACTION  PURSUANT  TO  SECTION  ONE  THOUSAND
TWENTY-FOUR OF THIS  ARTICLE  WHERE  COMPELLED  BY  THE  TERMS  OF  THAT

S. 7220                             4

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.
  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. 7220                             5

  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.

2015-S7220A (ACTIVE) - Details

See Assembly Version of this Bill:: A10341
Current Committee:: Senate Rules
Law Section:: Family Court Act
Laws Affected:: Amd §§1039, 1053 & 1071, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4767, A6837
2019-2020: S6214

2015-S7220A (ACTIVE) - Summary

Relates to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in the family court.

2015-S7220A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7220A

 TITLE OF BILL :  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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

Long-standing uncertainty regarding the consequences of adjournments
in contemplation of dismissal (ACODs) and suspended judgments in child
protective proceedings has hindered the ability of Family Courts to
utilize these important mechanisms for resolving child protective
cases without the need for resort to a more drastic alternative, such
as out-of-home foster care placements. This measure would clarify and
fill gaps in the statutory framework with respect to both of these
issues.

This measure would clarify that an adjournment in contemplation may be
ordered either before entry of a fact-finding order or before entry of
a final disposition. It would maintain current law permitting an ACOD
to be ordered upon consent of the parties and child's attorney prior
to entry of a fact-finding order. Preserving a 1990 amendment to
Family Court Act § 1039(e) that followed from the Court of Appeals
decision in Matter of Marie B., 62 N.Y.2d 352 (1984), if Family Court

finds a violation of the conditions of the adjournment and restores
the matter to its calendar, the parent would be entitled to a
fact-finding hearing on the original child abuse or neglect petition
prior to the case advancing to the dispositional stage. Eliminating
the confusing and overly limiting phrase "upon a fact-finding
hearing," this measure makes clear that an ACOD may instead be ordered
"(A)fter the entry of a fact-finding order but prior to the entry of a
dispositional order" also upon motion by any party or the child's
attorney. In such a case, consent of the petitioner child protective
agency and child's attorney would not be required but both would have
a right to be heard regarding their positions. In the event the matter
is restored to the Family Court calendar as a result of a violation of
the conditions of the adjournment, the matter would proceed to
disposition no later than thirty days after the application to restore
the matter to the calendar, unless an extension for "good cause" is
granted by the court. In all cases, Family Court must state reasons on
the record for ordering an ACOD.

This measure also clarifies that an ACOD may be extended for up to one
year, either upon consent of the parties and child's attorney (if
prior to fact-finding) or for good cause upon the respondent's consent
(if after fact-finding and prior to disposition). If a violation of
the conditions of the ACOD is alleged, the adjournment period is
tolled pending a determination regarding the alleged violation.
Additionally, sixty days prior to expiration of the ACOD, the child
protective agency must report to the Family Court, parties and child's
attorney regarding compliance with the conditions. If there has been
no violation of the adjournment and it has not been extended, the
petition would be deemed dismissed and, in the case of a
post-fact-finding ACOD, the fact-finding itself would be deemed
vacated. If the court finds a violation, it may extend the ACOD,
possibly with new or different conditions, or may restore the matter
to the calendar for fact-finding (for pre-fact-finding ACODs) or for
disposition (for post-fact-finding ACODs).

During the period of an ACOD, Family Court would not be authorized to
place the child pursuant to Family Court Act §§ 1017(2)(a)(iii),
1052(a)(iii) and 1055 or order custody to a parent or non-respondent
parent pursuant to Family Court Act § 1017(2)(a)(i), 1052(a)(vi),
(vii) and 1055-b. The ACOD may not be conditioned upon the child's
voluntary placement pursuant to Social Services Law § 358-a. Except as
necessary under sections 1024 or 1027 of the Family Court Act, the
child could not be removed from home during the adjournment period.
These amendments are necessary in light of the fact that children
remanded or placed in foster care, notwithstanding the ACOD of the
underlying proceeding, are not eligible for Federal foster care
reimbursement under Title IV-E of the Social Security Act. It goes
without saying that if the case warrants dismissal following a period
of adjournment, the court would not be able to find that retention in
the home would be contrary to the child's best interests, as is
required by the State and Federal Adoption and Safe Families Acts for
Federal foster care eligibility. See Family Court Act § 1027(b);
Social Services Law § 358-a(3); Public Law 105-89.

Like the provisions regarding ACODs, the dispositional alternative of
suspended judgment in child protective cases has long generated
confusion, because the Family Court Act is largely silent regarding
procedures for its issuance, as well as its ultimate consequences.
Similar to statutory amendments made in 2005 and 2006 to Family Court
Act § 633,* the suspended judgment provisions applicable to permanent
neglect cases, this measure would amend Family Court Act § 1053 to
require that the order suspending judgment contain the duration, terms
and conditions of the order. The order also would require a warning in
conspicuous print that failure to comply may lead to its revocation
and to issuance of any other order of disposition that might have been
made under Family Court Act § 1052 at the time the judgment was
suspended. A copy of the order must be furnished to the respondent.

This measure would add clarity regarding procedures applicable when a
parent has successfully complied with the conditions of a suspended
judgment. The order suspending judgment must include a date for a
review by the court and parties of the parent's compliance no later
than 30 days prior to the expiration of the suspended judgment period.
In addition to the existing requirements for progress reports 90 days
after issuance of the order and as ordered by the court, the measure
would require a report no later than 60 days prior to the suspended
judgment's expiration.

Consistent with the Appellate Division's observation in Matter of Baby
Girl W., 245 A.D.2d 830 (3rd Dept., 1997), this measure provides that,
at the end of a successful period of a suspended judgment, the
underlying order of fact-finding would not automatically be vacated;
nor would the report on the Statewide Central Register of Child Abuse
and Maltreatment automatically be sealed or expunged. Rather, as in
Matter of Makynli N., 17 Misc.3d 1127(A) (Fam. Ct., Monroe Co., 2007)

(Unreported), the parent could apply to Family Court pursuant to
Family Court Act § 1061 for an order vacating the order of
fact-finding and dismissing the proceeding in accordance with
subdivision (c) of section 1051 of the Family Court Act on the ground
that the court's aid is no longer required and that the dismissal
would be in the children's best interests. See also Matter of Crystal
S., 74 A.D.3d 823 (2'd Dept., 2010); Matter of Araynah B., 34 Misc.3d
566 (Fam. Ct., Kings Co., 2011). Such a dismissal would then provide
the parent with grounds to seek administrative relief in terms of
sealing or expungement of the State Central Register report. As the
Monroe County Family Court noted in its earlier opinion in the case,

(A) suspended judgment neither condones Respondent's neglectful
action, nor does it necessarily eradicate the fmding. (Citation
omitted).

Matter of MN 16 Misc.3d 499, 506 (Fain. Ct., Monroe Co., 2007).
Significantly, it is the requirement of this procedural step, i.e.,
the motion under Family Court Act § 1061, that distinguishes the
outcome of a successful suspended judgment from that of an ACOD. A
suspended judgment may thus be an appropriate disposition in cases in
which the court determines that a full dismissal of the proceedings,
including vacatur of the fact-finding, should not be automatic.

Concomitantly, this measure amends the procedures to be followed in
the event that the parent does not comply with the conditions of a
suspended judgment. While chapter 519 of the Laws of 2008 amended
Family Court Act § 1052(a) to clarify that a disposition of suspended
judgment may not be combined with that of placement of a child, there
may be cases where a temporary removal of a child may be necessary
pending the outcome of a motion or order to show cause alleging a
violation of a suspended judgment. Thus, just as Family Court may
remove a child from home if necessary for the child's protection
pending disposition of a child protective proceeding, pursuant to
Family Court Act § 1027(a)(iii), so, too, this measure would permit
the convening of a hearing and, if needed, temporary removal of child
from his or her home pending the resolution of a violation proceeding.

This measure provides needed clarity to both the provisions regarding
ACODs and the disposition of suspended judgment, thus enhancing the
usefulness of these options for the resolution of child abuse and
neglect proceedings in Family Court. Both of these options are
critically important to promote and preserve the well-being of
children and their families by providing opportunities for families to
access services in order to repair the problems that precipitated
court action without the disruption and, all too often, the trauma of
out-of-home placement.

This measure, which would have no fiscal impact on the State, would
take effect 90 days after becoming law.

 2016 LEGISLATIVE HISTORY :

OCA 2016-94
Senate 7220 (Sen. Avella) (1" Report Cal. 617)

 2011-12 LEGISLATIVE HISTORY :

Senate 6678 (Sen. Saland) (Rules)
Assembly 7639 (M. of A. Weinstein) (Passed)

 2010 LEGISLATIVE HISTORY :

Senate 8235-A (Sen. Montgomery) (Rules)
Assembly 11506 (M. of A. Weinstein) (PASSED)


* See L. 2005, c. 3; L. 2006, c. 437.

2015-S7220A (ACTIVE) - Bill Text download pdf

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

                                 7220--A
    Cal. No. 617

                            I N  S E N A T E

                              April 7, 2016
                               ___________

Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families -- reported favor-
  ably from said committee, ordered to first and second report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14422-02-6

S. 7220--A                          2

provisions.    UNDER NO CIRCUMSTANCES SHALL THE COURT ORDER ANY PARTY TO
CONSENT TO AN ORDER UNDER  THIS  SECTION.  THE  COURT  SHALL  STATE  ITS
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

S. 7220--A                          3

the  duration  of  the  order, if the child protective agency has failed
substantially to provide the respondent with adequate supervision or  to
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

S. 7220--A                          4

authorized pursuant to section one thousand twenty-seven OF  THIS  ARTI-
CLE.  NOTHING IN THIS SECTION SHALL PRECLUDE THE CHILD PROTECTIVE AGENCY
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-

S. 7220--A                          5

ENT TO VACATE THE ORDER OF FACT-FINDING PURSUANT TO SECTION ONE THOUSAND
SIXTY-ONE OF THIS ARTICLE.
  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.

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