NY State Senate Bill 2021-S7173

Senate Bill S7173

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly 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
May 31, 2022	referred to judiciary delivered to assembly passed senate
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1294
Jan 05, 2022	referred to children and families returned to senate died in assembly
Jun 09, 2021	referred to judiciary delivered to assembly passed senate
Jun 07, 2021	ordered to third reading cal.1604
Jun 04, 2021	referred to rules

Votes

- May 31, 2022 - Floor Vote
  S7173
  
  45
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (45)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 9, 2021 - Floor Vote
  S7173
  
  45
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2021
      
      aye (45)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 7, 2021 - Rules Committee Vote
  S7173
  
  14
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2021
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (7)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Ritchie
  May 10, 2022 - Children And Families Committee Vote
  S7173
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 10, 2022
      
      aye (5)
      
      Bailey
      
      Brisport
      
      Mannion
      
      Persaud
      
      Salazar
      
      nay (2)
      
      Martucci
      
      Stec

2021-S7173 (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §§1039, 1053 & 1071, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S9409

2021-S7173 (ACTIVE) - Summary

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

2021-S7173 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7173

SPONSOR: BAILEY
 
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 and suspended judgments in child protective
proceedings has hindered Family Court's ability to utilize these impor-
tant mechanisms for resolving child protective cases without the need
for more drastic alternatives, such as out-of-home foster care place-
ments. Accordingly, we submit this measure to clarify and fill gaps in
the statutory framework with respect to both of these options.

This measure would make clear that an adjournment in contemplation of
dismissal may be ordered either before the entry of a fact-finding order
or before the entry of a final disposition. It would maintain the

current law permitting an adjournment in contemplation of dismissal to
be ordered upon the consent of the parties and child's attorney prior to
the entry of a fact-finding order. Preserving the 1990 amendment to
Family Court Act § 1039(e) that followed from the Court of Appeals deci-
sion in Matter of Marie B., 62 N.Y.2d 352 (1984), if the Family Court
finds a violation of the conditions of a pre-fact-finding 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 proposal makes clear that an adjournment in contemplation of
dismissal may alternatively be ordered  
After the entry of a fact-find-
ing order but prior to the entry of a dispositional order," by the Fami-
ly Court or also upon motion by any party or the child's attorney. In
such a case, the 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, the Family Court would have to state reasons on the record
for adjourning a case in contemplation of dismissal.

This measure also clarifies that an adjournment in contemplation of
dismissal 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 adjournment is
alleged, the adjournment period is tolled pending a determination
regarding the alleged violation. Additionally, sixty days prior to the
expiration of the adjournment, the child protective agency must submit a
report to the Family Court, parties and child's attorney regarding
compliance with the conditions. If there has been no violation of the
adjournment in contemplation of dismissal and the adjournment in contem-
plation of dismissal has not been extended, the petition would be deemed
dismissed and, in the case of a post-fact-finding ACD, the fact-finding
itself would be deemed vacated.  If the court funds a violation, the
Family Court may extend the ACD, possibly with new or different condi-
tions, or may restore the matter to the calendar for fact-finding (for
pre-fact-finding ACD's) or for disposition (for post-fact-finding
ACD's).

During the period of an ACD, Family Court would not be authorized to
place the child pursuant to Family Court Act §§ 1017(2)(a)(iii),
1052(a)(iii), 1055 or order custody to a parent or non-respondent parent
pursuant to Family Court Act §§ 1017(2)(a)(i), 1052(a)(vi), (vii),
1055-b and Article Six of the Family Court Act. A release of the child
to a non-respondent parent would, however, be permissible, if, for exam-
ple, the conditions of the ACD included a mandate for a respondent
parent to complete a particular program. The ACD 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 adjourn-
ment period. These amendments are necessary in light of the fact that
children remanded or placed in foster care, notwithstanding the adjourn-
ment in contemplation of dismissal 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 New York 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 adjournments in contemplation of dismiss-
al, the dispositional alternative of suspended judgment in child protec-
tive 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 the 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 would also require a warn-
ing in conspicuous print that failure to comply may lead to its revoca-
tion 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 addi-
tion to the existing requirements for progress reports 90 days after
issuance of the order and as ordered by the Court, this measure would
require a report no later than 60 days prior to the suspended judgment's
expiration.

Consistent with the observation of the Supreme Court, Appellate Divi-
sion, Third Department, in Matter of Baby Girl W., 245 A.D.2d 830 (3d
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 State-
wide 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 the 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 aid of the Court 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 (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 Family Court, Monroe County, noted in its earlier opinion in the
case,

 
A suspended judgment neither condones Respondent's neglectful action,
nor does it necessarily eradicate the fording.  
CITATION OMITTED.ò
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 adjournment in contem-
plation of dismissal. 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 judg-
ment. Thus, just as a 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 need-
ed, the 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
adjournments in contemplation of dismissal 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 would take effect 90 days after becoming law.

 
2019-20 LEGISLATIVE HISTORY:

Senate 6214 (Sen Montgomery)  
PASSED

Assembly 11022 (Rules-Weinstein)  
REF TO JUDICIARY

(1) See L. 2005, c. 3; L. 2006, c. 437.

2021-S7173 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7173
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2021
                                ___________
 
 Introduced by Sen. BAILEY -- (at request of the Office of Court Adminis-
   tration)  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on Rules
 
 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:
   §  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.

                                                            LBD09300-01-1

 S. 7173                             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. 7173                             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  HAS  BEEN  GRANTED,  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
 HAS BEEN GRANTED, 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

 S. 7173                             4
 
 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  SECTION.  IF
 THE  VIOLATION  IS FOUND AND THE MATTER IS RESTORED TO THE CALENDAR, THE
 COURT MAY MAKE FURTHER ORDERS IN ACCORDANCE WITH SUBDIVISION (E) OF THIS
 SECTION.
   § 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:
   § 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. 7173                             5
 
 ENT TO VACATE THE ORDER OF FACT-FINDING PURSUANT TO SECTION ONE THOUSAND
 SIXTY-ONE OF THIS ARTICLE.
   §  3.  Section 1071 of the family court act, as amended by chapter 437
 of the laws of 2006, is amended to read as follows:
   § 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.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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