Legislation
SECTION 633
Suspended judgment
Family Court Act (FCT) CHAPTER 686, ARTICLE 6, PART 1
§ 633. Suspended judgment. (a) Rules of court shall define permissible
terms and conditions of a suspended judgment. These terms and conditions
shall relate to the acts or omissions of the parent or other person
responsible for the care of the child.
(b) The maximum duration of a suspended judgment under this section is
one year, unless the court finds at the conclusion of that period that
exceptional circumstances require an extension of that period for one
additional period of up to one year. Successive extensions may not be
granted.
(c) 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
expiration of the period of suspended judgment. The order of suspended
judgment must also state in conspicuous print that a failure to obey the
order may lead to its revocation and to the issuance of an order
terminating parental rights and committing the guardianship and custody
of the child to an authorized agency for the purposes of adoption. A
copy of the order of suspended judgment, along with the current
permanency plan, must be furnished to the respondent.
(d) Not later than sixty days before the expiration of the period of
suspended judgment, the petitioner shall file a report with the family
court and all parties, including the respondent and his or her attorney,
the child's attorney and intervenors, if any, regarding the respondent's
compliance with the terms of 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 and an order committing the
guardianship and custody of the child shall not be entered.
(e) If, prior to the expiration of the period of the suspended
judgment, a motion or order to show cause is filed that alleges a
violation of the terms and conditions of the suspended judgment, or that
seeks to extend the period of the suspended judgment for an additional
period of up to one year, then the period of the suspended judgment is
tolled until entry of the order that disposes of the motion or order to
show cause.
(f) Upon finding that the respondent has violated the terms and
conditions of the order of suspended judgment, the court may enter an
order revoking the order of suspended judgment and terminating the
parental rights of the respondent or, where such extension is in the
best interests of the child, extend the period of suspended judgment for
an additional period of up to one year, if no prior extension has been
granted.
(g) If an order of suspended judgment has been satisfied or has been
extended, but the child nonetheless remains in foster care pursuant to a
placement under article ten of this act or section three hundred
fifty-eight-a of the social services law, a permanency hearing shall be
completed as previously scheduled pursuant to section one thousand
eighty-nine of this act, but no later than six months after the
completion of the last permanency hearing. If guardianship and custody
of the child have been transferred to the authorized agency upon an
order revoking the order of suspended judgment, a permanency hearing
shall be completed pursuant to paragraph one of subdivision (a) of
section one thousand eighty-nine of this act immediately following, but
in no event later than sixty days after, the earlier of the court's
statement of its order on the record or issuance of its written order.
terms and conditions of a suspended judgment. These terms and conditions
shall relate to the acts or omissions of the parent or other person
responsible for the care of the child.
(b) The maximum duration of a suspended judgment under this section is
one year, unless the court finds at the conclusion of that period that
exceptional circumstances require an extension of that period for one
additional period of up to one year. Successive extensions may not be
granted.
(c) 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
expiration of the period of suspended judgment. The order of suspended
judgment must also state in conspicuous print that a failure to obey the
order may lead to its revocation and to the issuance of an order
terminating parental rights and committing the guardianship and custody
of the child to an authorized agency for the purposes of adoption. A
copy of the order of suspended judgment, along with the current
permanency plan, must be furnished to the respondent.
(d) Not later than sixty days before the expiration of the period of
suspended judgment, the petitioner shall file a report with the family
court and all parties, including the respondent and his or her attorney,
the child's attorney and intervenors, if any, regarding the respondent's
compliance with the terms of 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 and an order committing the
guardianship and custody of the child shall not be entered.
(e) If, prior to the expiration of the period of the suspended
judgment, a motion or order to show cause is filed that alleges a
violation of the terms and conditions of the suspended judgment, or that
seeks to extend the period of the suspended judgment for an additional
period of up to one year, then the period of the suspended judgment is
tolled until entry of the order that disposes of the motion or order to
show cause.
(f) Upon finding that the respondent has violated the terms and
conditions of the order of suspended judgment, the court may enter an
order revoking the order of suspended judgment and terminating the
parental rights of the respondent or, where such extension is in the
best interests of the child, extend the period of suspended judgment for
an additional period of up to one year, if no prior extension has been
granted.
(g) If an order of suspended judgment has been satisfied or has been
extended, but the child nonetheless remains in foster care pursuant to a
placement under article ten of this act or section three hundred
fifty-eight-a of the social services law, a permanency hearing shall be
completed as previously scheduled pursuant to section one thousand
eighty-nine of this act, but no later than six months after the
completion of the last permanency hearing. If guardianship and custody
of the child have been transferred to the authorized agency upon an
order revoking the order of suspended judgment, a permanency hearing
shall be completed pursuant to paragraph one of subdivision (a) of
section one thousand eighty-nine of this act immediately following, but
in no event later than sixty days after, the earlier of the court's
statement of its order on the record or issuance of its written order.