NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8304
SPONSOR: Lavine 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
SOURCE OF BILL:
This bill is being introduced at the request of the Unified Court
System.
PURPOSE OF BILL:
This bill enhances the dispositional tools available to the Family Court
and the parties in family offense and child protective proceedings in
order to resolve cases effectively and expeditiously, and clarifies the
procedures applicable to suspended judgments in child protective
proceedings.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Family Court Act § 829 to authorize and set
forth procedures for Adjournments in Contemplation of Dismissal (ACDs)
in Family Court family offense cases, on consent of the parties, both
before and upon a family offense finding. If an Attorney For the Child
(AFC) has been appointed, the AFC's position must be considered. It
permits a temporary order of protection and an order of restitution to
be issued simultaneously with the ACD. Similar to ACDs in criminal
family offense cases under Criminal Procedure Law (CPL) § 170.55(2), the
ACD may last for up to one year. It may be extended for an additional
year with the parties' consent and upon consideration of the position of
the AFC, if any. Upon successful completion of the ACD period or the
extension, if any, the petition would automatically be dismissed in
furtherance of justice.
Section 2 of the bill amends Family Court Act § 841 to authorize an ACD
in a family offense proceeding as a dispositional option after an order
of fact-finding or admission.
Section 3 of the bill amends Family Court Act § 1039 to clarify that
ACDs of up to one year may be ordered in child protective proceedings,
both before and upon a finding sustaining the petition under section
1051 of the Family Court Act, and that a placement of a child in out-of-
home care cannot be made in conjunction with an ACD. Once a finding has
been made, either by a hearing or an admission, the bill requires that
all parties and the AFC have a right to be heard, and that the consent
of the respondent (but not the petitioning child protective agency or
AFC) is required for an ACD to be ordered. The ACD may be extended for
good cause and upon the consent of the respondent, after providing a
right to be heard to all parties and the AFC.
Upon successful completion of the ACD period or the extension, if any,
the petition would automatically be dismissed in furtherance of justice,
but if a violation has been found, the court must proceed to either
fact-finding or disposition, depending upon the phase of the case when
the ACD had been issued. If an order of fact-finding had been entered,
the order would be vacated. The court must state its reasons for issuing
an ACD or extension thereof. The petitioner agency must submit a report
no later than 90 days after issuance of the ACD, as well as a report
pursuant to Family Court Act § 1058 no later than 60 days before the
expiration of the ACD and such other progress reports as the court
directs. Finally, the bill provides that the court may take necessary
emergency action if an imminent risk is posed to the child.
Section 4 of the bill amends Family Court Act § 1053 to delineate the
procedures for progress reports and findings upon successful completion
with respect to suspended judgments as dispositions in child protective
proceedings. A suspended judgment may last for up to one year and may be
extended for up to one additional year. A copy of the suspended judg-
ment, including the terms and conditions and a notice that a violation
may result in its revocation, must be provided to the respondent. The
court must state its reasons for an extension and for any changes
ordered in the terms and conditions. A report on the respondent's
compliance must be furnished to the court, the parties and the AFC not
later than 60 days prior to its expiration and a court review of the
report must take place not later than 30 days prior to its expiration.
Successful completion of a suspended judgment results in termination of
the court's jurisdiction, but unless the court grants a motion to vacate
the fact-finding pursuant to Family Court Act § 1061, the order of fact-
finding remains intact and results in retention of the report of
suspected child neglect or abuse on the State Central Register in
accordance with Social Services Law § 422.
Section 5 of the bill amends Family Court Act § 1071 to delineate proce-
dures for alleged violations of suspended judgments. The filing of an
order to show cause or motion alleging a violation tolls the period of
suspended judgment and, if the violation is sustained, it may result in
a new dispositional hearing or an extension of the suspended judgment.
The agency may take necessary emergency action and the court may issue
an order removing the child from the home pending the violation if an
imminent risk is posed to the child.
Section 6 of the bill provides that the bill becomes effective on the
90th day after enactment.
JUSTIFICATION:
In order to respond appropriately to cases of domestic violence and
child maltreatment, the Family Court requires a comprehensive menu of
pre-dispositional and dispositional options. By adding provisions for
ACDs in family offense cases and enhancing the provisions regarding ACDs
and suspended judgments in child protective cases, this bill will facil-
itate effective, timely and fair resolution of cases.
A.
FAMILY OFFENSE PROCEEDINGS
In authorizing ACDs in Family Court family offense cases, the bill would
eliminate the anomaly in the current statutory framework since an iden-
tical family offense, prosecuted in criminal court, may be resolved with
an ACD under Criminal Procedure Law § 170.55. Further, ACDs are permit-
ted in various other Family Court proceedings -- i.e., Persons in Need
of Supervision, juvenile delinquency and child protective proceedings -
and no reason exists to exclude them in family offense cases.
Indeed, even in the absence of a statutory authorization, several courts
have ordered ACDs in family offense cases without challenge. In Matter
of Cote v. Berger, 112 A.D.3d 821 (2d Dept. 2013), the Second Department
affirmed the Family Court's dismissal of an ACD violation petition for
failure to state a cause of action, but did not remark on the validity
of the underlying ACD. In the custody case of Matter of M.M.H. v.
William D.H., 26 Misc. 3d 1240 (Fam. Ct., Dutchess Co., 2010), the Fami-
ly Court noted that an ACD had been ordered in an earlier family offense
proceeding between the parties. Significantly, the Family Court judge
in Matter of Sirley MM. v. Jorge L.C., 58 Misc.3d 796 (Fam. Ct., Qns.
Co., 2018), after utilizing what he called a "de facto adjournment in
contemplation of dismissal," wrote an article encouraging the use of the
ACD procedure. See J. Hunt, "Why ACDs Should Be a Dispositional Alterna-
tive in Family Offense Cases," NYLJ, Jan. 18, 2019, p.4, col. 4.
Allowing ACDs in Article 8 cases provides benefits for both petitioners
and respondents and, at the same time, expands the tools available to
the Family Court to resolve family offense cases to the satisfaction of
all parties. ACDs will allow courts to continue temporary orders of
protection in favor of petitioners for up to a year without the need for
continued litigation and thus will not compromise victim safety. And
from a victim's perspective, the ability to grant an ACD prior to a
fact-finding proceeding will in some cases obviate the need for victims
to experience the trauma that often attends recounting violence on the
witness stand while under cross-examination. Further, as judges who have
ordered ACDs have indicated, the option of an ACD may provide a valuable
alternative to the frequent withdrawals of, or failures to follow
through with, family offense petitions in Family Court. Given an option
of an ACD, with the continued safety provided by a temporary order of
protection, a domestic violence victim may well choose that disposition
over outright dismissal or withdrawal of a petition.
An ACD may inure to the benefit of the parties' children as well, since
the ACD conditions may regulate, and if appropriate require, supervision
over visits with the children. Finally, an ACD as a means of resolving a
family offense petition has obvious benefits for respondents as well, as
it provides an automatic dismissal upon successful completion, and it is
not an admission of guilt and thus does not trigger the potential colla-
teral consequences of an adjudication.
B.
CHILD PROTECTIVE PROCEEDINGS
Long-standing uncertainty regarding the consequences of, and proceedings
applicable to, ACDs and suspended judgments in child protective
proceedings has hindered the ability of the Family Courts to utilize
these important mechanisms for resolving child protective cases without
the need for more drastic alternatives, such as out-of-home foster care
placements. This bill provides needed clarifications regarding both of
these options, thereby enhancing the Family Court's ability to resolve
its heavy caseload.
The proposal 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 ACD 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 decision in Matter of Marie B., 62
N.Y.2d 352 (1984), if the Family Court finds a violation of the condi-
tions of a pre-fact-finding ACD and restores the matter to the Family
Court 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.
By eliminating the confusing and overly limiting phrase "upon a fact-
finding hearing," the proposal makes clear that an ACD may alternatively
be ordered "
after the entry of a fact-finding order but prior to the
entry of a dispositional order," by the Family Court, or upon motion by
any party or the child's attorney. Where ordered after a fact-finding,
the consent of the petitioner child protective agency and child's attor-
ney would not be required, but both would have a right to be heard. In
the event the matter is restored to the Family Court calendar as a
result of an alleged 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.
Recognizing that removal of children from their homes is inconsistent
with a disposition that results in dismissal of the case against a
respondent parents, the bill prohibits an order of out-of-home care as a
condition of an ACD. The need for a transition of a child back to the
parent's home in a matter that meets the child's best interests often
may not coincide with the loss of Family Court jurisdiction at the
conclusion of the ACD. Further, this provision is necessary with respect
to children in foster care, as such children are ineligible for Federal
foster care reimbursement under Title IV-E of the Social Security Act
where the court cannot render the required finding that retention in the
home would be contrary to the child's best interests. See Family Court
Act § 1027(b); Social Services Law § 358-a(3); Public Law 105-89.
Like ACDs, the availability of suspended judgments as a dispositional
alternative in child protective cases has long generated confusion,
because the Family Court Act is largely silent regarding procedures for
their issuance, as well as their 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, the
provisions in the bill requiring a pre-expiration review and periodic
progress reports would add clarity regarding procedures applicable when
a parent has successfully complied with the conditions of a suspended
judgment.
The Appellate Division, Third Department, in Matter of Baby Girl W, 245
A.D.2d 830, 833 (3d Dept. 1997), noted that a suspended judgment does
not eradicate a finding of neglect. The bill thus 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
to the Statewide Central Register automatically be sealed or expunged.
Rather, 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 Family Court Act § 1051(c)
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 Matter of
Makynli N.., 17 Misc.3d 1127(A) (Fam. Ct., Monroe Co., 2007); see also
Matter of Crystal S., 74 A.D.3d 823 (2nd Dept., 2010); Matter of Araynah
B., 34 Misc.3d 566, 939 N.Y.S.2d 239 (Fam. Ct., Kings Co., 2011). Such a
dismissal would then provide the parent with grounds to seek administra-
tive relief in terms of sealing or expungement of the State Central
Register report. As the Monroe County Family Court noted in an earlier
opinion in the MN case, "a suspended ju dgment neither condones Respond-
ent's neglectful action, nor does it necessarily eradicate the finding."
Matter of MN, 16 Misc.3d 499, 506 (Fam. Ct., Monroe Co., 2007)(citations
omitted). Significantly, it is the requirement of a motion under Family
Court Act § 1061 that distinguishes the outcome of a successful
suspended judgment from that of an adjournment in contemplation 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 auto-
matic. Providing both alternatives allows the court to carefully tailor
the disposition to a particular child and family.
Finally, the bill amends the procedures to be followed in the event that
the parent does not comply with the conditions of a suspended judgment
and affords both the Family Court and the child protective agency the
authority to take emergency action, including emergency removal of the
child from the home, in order to eliminate an imminent risk to the
child's life or health. Just as a Family Court may remove a child from
the home if necessary for the child's protection, pending disposition of
a child protective proceeding pursuant to Family Court Act §
1027(a)(iii), the bill would permit the convening of a hearing and, if
needed, the temporary removal of child from the home, pending the resol-
ution of a violation proceeding.
The bill provides needed clarity to both the provisions regarding ACDs
and suspended judgments, thus enhancing the usefulness of these options
for the resolution of child abuse and neglect proceedings in Family
Court. Both 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 precip-
itated court action without the disruption and, all too often, the trau-
ma of out-of-home placement.
LEGISLATIVE HISTORY:
In prior years, this proposal was submitted as two separate bills. The
portion of this bill that relates to family offense ACDs passed the
Assembly in 2021 and 2022 (A.7683 Lavine). The portion that relates to
child protective ACD and suspended judgements passed the Senate
2019-2022 (2019/2020: S.6214(Montgomery)/A.11022(Weinstein) 2021/2022:
S.7173(Bailey)j, and was introduced in the Senate in 2024 (S.9409
Bailey).
FISCAL IMPLICATIONS:
This bill would have no State or local fiscal impact.
EFFECTIVE DARE:
This bill would take effect on the 90th day after enactment.
(1) See L. 2005, c. 3; L. 2006, c. 437.
STATE OF NEW YORK
________________________________________________________________________
8304
2025-2026 Regular Sessions
IN ASSEMBLY
May 12, 2025
___________
Introduced by M. of A. LAVINE -- (at request of the Unified Court
System) -- read once and referred to the Committee on Judiciary
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:
1 Section 1. The family court act is amended by adding a new section
2 829 to read as follows:
3 § 829. Adjournment in contemplation of dismissal. 1. Prior to or upon
4 a fact-finding hearing, with the consent of the petitioner and the
5 respondent and with the approval of the court, a proceeding may be
6 adjourned in contemplation of dismissal. The court shall consider the
7 position of the attorney for the child, if one has been appointed. Under
8 no circumstances shall the court order any party to consent to an order
9 under this section.
10 2. An adjournment in contemplation of dismissal shall be an adjourn-
11 ment of the proceeding for a period not to exceed one year with a view
12 to ultimate dismissal of the petition in furtherance of justice.
13 3. Such order of adjournment in contemplation of dismissal may include
14 terms and conditions agreeable to the parties and to the court. The
15 court may, as a condition of such order, issue a temporary order of
16 protection in accordance with section eight hundred twenty-eight of this
17 part. The duration of the temporary order of protection may not exceed
18 the length of the adjournment in contemplation of dismissal. Compliance
19 with the temporary order of protection shall be a condition of the order
20 of adjournment in contemplation of dismissal.
21 4. Upon consent of the petitioner and respondent, upon consideration
22 of the position of the attorney for the child, if one has been
23 appointed, and with the approval of the court, the court may issue an
24 order extending the adjournment in contemplation of dismissal for an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07886-01-5
A. 8304 2
1 additional period of up to one year upon terms and conditions agreeable
2 to the parties and to the court.
3 5. Upon application of the petitioner alleging a violation of such
4 order of adjournment, or upon the court's own motion, made at any time
5 during the duration of the adjournment in contemplation of dismissal,
6 the court may restore the matter to the calendar if the court finds
7 after a hearing based upon competent, relevant and material evidence
8 that the respondent has failed to comply with the terms and conditions
9 of the order. Pending a determination after a hearing, the court may
10 toll the expiration of any of the provisions of the order of adjournment
11 in contemplation of dismissal, modify and/or extend the temporary order
12 of protection or issue a new temporary order of protection.
13 6. If the proceeding is not restored to the calendar at the expiration
14 of the adjournment period, the petition is deemed to have been dismissed
15 by the court in furtherance of justice, unless an application is pending
16 pursuant to subdivision four of this section. If the application to
17 restore the petition is granted, the petition shall not be dismissed and
18 unless the parties agree to extend the order or to dismissal of the
19 petition, the court shall proceed either to a fact-finding hearing or to
20 a dispositional hearing, if such order was issued after fact-finding.
21 § 2. Subdivision (e) of section 841 of the family court act, as added
22 by chapter 222 of the laws of 1994, is amended and a new subdivision
23 (f) is added to read as follows:
24 (e) directing payment of restitution in an amount not to exceed ten
25 thousand dollars. An order of restitution may be made in conjunction
26 with any order of disposition authorized under [subdivisions] subdivi-
27 sion (b), (c), [or] (d), or (f) of this section. In no case shall an
28 order of restitution be issued where the court determines that the
29 respondent has already paid such restitution as part of the disposition
30 or settlement of another proceeding arising from the same act or acts
31 alleged in the petition before the court[.]; or
32 (f) adjourning the petition in contemplation of dismissal in accord-
33 ance with section eight hundred twenty-nine of this article.
34 § 3. Section 1039 of the family court act, as amended by chapter 707
35 of the laws of 1975, subdivisions (a), (b), (c), (d) and (e) as amended
36 by chapter 41 of the laws of 2010 and subdivision (f) as amended by
37 chapter 601 of the laws of 1985, is amended to read as follows:
38 § 1039. Adjournment in contemplation of dismissal. (a) (i) Prior to
39 [or upon] the entry of a fact-finding [hearing] order, the court may,
40 upon a motion by [the petitioner with the consent of the respondent and]
41 any party or the child's attorney with the consent of all parties and
42 the child's attorney, or upon its own motion with the consent of [the
43 petitioner, the respondent] all parties and the child's attorney, order
44 that the proceeding be ["]adjourned in contemplation of dismissal[".
45 Under no circumstances shall the court order any party to consent to an
46 order under this section].
47 (ii) After entry of a fact-finding order but prior to the entry of a
48 dispositional order, the court may, with consent of the respondent and
49 upon motion of any party or the child's attorney or upon its own motion
50 without requiring the consent of the petitioner or attorney for the
51 child, order that the proceeding be adjourned in contemplation of
52 dismissal. The petitioner, respondent and attorney for the child have a
53 right to be heard with respect to the motion.
54 (iii) The court may make [such] an order under this section only after
55 it has apprised the respondent of the provisions of this section and it
56 is satisfied that the respondent understands the effect of such
A. 8304 3
1 provisions. Under no circumstances shall the court order any party to
2 consent to an order under this section. The court shall state its
3 reasons on the record for ordering an adjournment in contemplation of
4 dismissal under this section.
5 (b) An adjournment in contemplation of dismissal is an adjournment of
6 the proceeding for a period not to exceed one year with a view to ulti-
7 mate dismissal of the petition in furtherance of justice. In the case
8 of an adjournment in contemplation of dismissal after the entry of a
9 fact-finding order, such dismissal includes vacatur of the fact-finding
10 order.
11 (i) Upon the consent of the petitioner, the respondent and the child's
12 attorney, the court may issue an order extending [such] the period of an
13 adjournment in contemplation of dismissal issued pursuant to paragraph
14 (i) of subdivision (a) of this section prior to the entry of a fact-
15 finding order for such time and upon such conditions as may be agreeable
16 to the parties.
17 (ii) For good cause shown and with the consent of the respondent, the
18 court may, on its own motion or on motion of any party or the attorney
19 for the child and after providing notice and an opportunity to be heard
20 to all parties and the attorney for the child, issue an order extending
21 an adjournment in contemplation of dismissal issued pursuant to para-
22 graph (ii) of subdivision (a) of this section after entry of a fact-
23 finding order for such time and upon such conditions as may be in the
24 best interests of the child or children who are the subjects of the
25 proceeding.
26 (iii) The court shall state its reasons on the record for extending an
27 adjournment in contemplation of dismissal under this subdivision,
28 including its reasons for changes in the terms and conditions, if any.
29 (c) [Such] The order [may] shall include terms and conditions [agree-
30 able to the parties and to the court, provided that such terms and
31 conditions] in furtherance of the best interests of the child or chil-
32 dren who are the subjects of the proceeding and shall include, but not
33 be limited to, a requirement that the child and the respondent be under
34 the supervision of a child protective agency during the adjournment
35 period. Except as provided in subdivision (g) of this section, an order
36 pursuant to subparagraphs (i) and (iii) of paragraph (a) of subdivision
37 two of section one thousand seventeen, paragraphs (iii), (vi), and (vii)
38 of subdivision (a) of section one thousand fifty-two, section one thou-
39 sand fifty-five or section one thousand fifty-five-b of this article
40 shall not be made in any case adjourned under this section; nor shall an
41 order under this section contain a condition requiring the child or
42 children to be placed voluntarily pursuant to sections three hundred
43 fifty-eight and three hundred eighty-four-a of the social services law.
44 In any order issued pursuant to this section, [such agency] the peti-
45 tioner shall be directed to make a progress report to the court, the
46 parties and the child's attorney on the implementation of such order, no
47 later than ninety days after the issuance of such order[, unless the
48 court determines that the facts and circumstances of the case do not
49 require such reports to be made] and shall submit a report pursuant to
50 section one thousand fifty-eight of this article no later than sixty
51 days prior to the expiration of the order. The [child protective agency]
52 petitioner shall make further reports to the court, the parties and the
53 child's attorney in such manner and at such times as the court may
54 direct.
55 (d) Upon application of the respondent, the petitioner[,] or the
56 child's attorney or upon the court's own motion, made at any time during
A. 8304 4
1 the duration of the order, if the child protective agency has failed
2 substantially to provide the respondent with adequate supervision or to
3 observe the terms and conditions of the order, the court may direct the
4 child protective agency to observe such terms and conditions and provide
5 adequate supervision or may make any order authorized pursuant to
6 section two hundred fifty-five or one thousand fifteen-a of this act.
7 (e) [Upon application of] If, prior to the expiration of the period of
8 an adjournment in contemplation of dismissal, a motion or order to show
9 cause is filed by the petitioner or the child's attorney or upon the
10 court's own motion, made at any time during the duration of the order,
11 [the] that alleges a violation of the terms and conditions of the
12 adjournment, the period of the adjournment in contemplation of dismissal
13 is tolled as of the date of such filing until the entry of an order
14 disposing of the motion or order to show cause. The court may revoke
15 the adjournment in contemplation of dismissal and restore the matter to
16 the calendar or the court may extend the period of the adjournment in
17 contemplation of dismissal pursuant to subdivision (b) of this section,
18 if the court finds after a hearing on the alleged violation that the
19 respondent has failed substantially to observe the terms and conditions
20 of the order or to cooperate with the supervising child protective agen-
21 cy. [In such event] Where the court has revoked the adjournment in
22 contemplation of dismissal and restored the matter to the calendar:
23 (i) in the case of an adjournment in contemplation of dismissal issued
24 prior to the entry of a fact-finding order, unless the parties consent
25 to an order pursuant to section one thousand fifty-one of this [act]
26 article or unless the petition is dismissed upon the consent of the
27 petitioner, the court shall thereupon proceed to a fact-finding hearing
28 under this article no later than sixty days after [such] the application
29 to restore the matter to the calendar has been granted, unless such
30 period is extended by the court for good cause shown; or
31 (ii) in the case of an adjournment in contemplation of dismissal
32 issued after the entry of a fact-finding order, the court shall thereup-
33 on proceed to a dispositional hearing under this article no later than
34 thirty days after the application to restore the matter to the calendar
35 has been granted, unless such period is extended by the court for good
36 cause shown.
37 (iii) The court shall state its reasons on the record for revoking an
38 adjournment in contemplation of dismissal and restoring the matter to
39 the calendar under this subdivision.
40 (f) If the proceeding is not [so] restored to the calendar as a result
41 of a finding of an alleged violation pursuant to subdivision (e) of this
42 section and if the adjournment in contemplation of dismissal is not
43 extended pursuant to subdivision (b) of this section, the petition is,
44 at the expiration of the adjournment in contemplation of dismissal peri-
45 od, deemed to have been dismissed by the court in furtherance of justice
46 [unless an application is pending pursuant to subdivision (e) of this
47 section]. If [such application is granted] the court finds a violation
48 pursuant to subdivision (e) of this section, the petition shall not be
49 dismissed and shall proceed in accordance with the provisions of such
50 subdivision (e).
51 (g) Notwithstanding the provisions of this section, if a motion or
52 order to show cause is filed alleging a violation pursuant to subdivi-
53 sion (e) of this section and the court finds that removal of the child
54 from the home is necessary pursuant to section one thousand twenty-seven
55 of this article during the pendency of the violation motion or order to
56 show cause, the court[,] may, at any time prior to dismissal of the
A. 8304 5
1 petition pursuant to subdivision (f) of this section, issue an order
2 authorized pursuant to section one thousand twenty-seven of this arti-
3 cle. Nothing in this section shall preclude the child protective agency
4 from taking emergency action pursuant to section one thousand twenty-
5 four of this article where compelled by the terms of that section. If
6 the violation is found and the matter is restored to the calendar, the
7 court may make further orders in accordance with subdivision (e) of this
8 section.
9 § 4. Section 1053 of the family court act, as added by chapter 962 of
10 the laws of 1970 and subdivision (c) as amended by chapter 41 of the
11 laws of 2010, is amended to read as follows:
12 § 1053. Suspended judgment. (a) Rules of court shall define permissi-
13 ble terms and conditions of a suspended judgment. These terms and condi-
14 tions shall relate to the acts or omissions of the parent or other
15 person legally responsible for the care of the child.
16 (b) The maximum duration of any term or condition of a suspended judg-
17 ment is one year, unless the court finds at the conclusion of that peri-
18 od, upon a hearing, that exceptional circumstances require an extension
19 thereof for a period of up to an additional year. The court shall state
20 its reasons on the record for extending a period of suspended judgment
21 under this subdivision, including its reasons for changes in the terms
22 and conditions, if any.
23 (c) Except as provided for herein, in any order issued pursuant to
24 this section, the court may require the child protective agency to make
25 progress reports to the court, the parties, and the child's attorney on
26 the implementation of such order. Where the order of disposition is
27 issued upon the consent of the parties and the child's attorney, such
28 agency shall report to the court, the parties and the child's attorney
29 no later than ninety days after the issuance of the order, unless the
30 court determines that the facts and circumstances of the case do not
31 require such report to be made.
32 (d) The order of suspended judgment must set forth the duration, terms
33 and conditions of the suspended judgment, and must contain a date
34 certain for a court review not later than thirty days prior to the expi-
35 ration of the period of suspended judgment. The order of suspended judg-
36 ment also must state in conspicuous print that a failure to obey the
37 order may lead to its revocation and to the issuance of any order that
38 might have been made at the time judgment was suspended. A copy of the
39 order of suspended judgment must be furnished to the respondent.
40 (e) Not later than sixty days before the expiration of the period of
41 suspended judgment, the petitioner shall file a report, pursuant to
42 section one thousand fifty-eight of this part, with the family court and
43 all parties, including the respondent and such respondent's attorney,
44 the attorney for the child and intervenors, if any, regarding the
45 respondent's compliance with the terms of the suspended judgment. The
46 report shall be reviewed by the court on the scheduled court date.
47 Unless a motion or order to show cause has been filed prior to the expi-
48 ration of the period of suspended judgment alleging a violation or seek-
49 ing an extension of the period of the suspended judgment, the terms of
50 the disposition of suspended judgment shall be deemed satisfied. In such
51 event, the court's jurisdiction over the proceeding shall be terminated.
52 However, the order of fact-finding and the presumptive effect of such
53 finding upon retention of the report of suspected abuse and neglect on
54 the state central register in accordance with paragraph (b) of subdivi-
55 sion eight of section four hundred twenty-two of the social services law
56 shall remain in effect unless the court grants a motion by the respond-
A. 8304 6
1 ent to vacate the order of fact-finding pursuant to section one thousand
2 sixty-one of this article.
3 § 5. Section 1071 of the family court act, as amended by chapter 437
4 of the laws of 2006, is amended to read as follows:
5 § 1071. Failure to comply with terms and conditions of suspended judg-
6 ment. If, prior to the expiration of the period of the suspended judg-
7 ment, a motion or order to show cause is filed that alleges that a
8 parent or other person legally responsible for a child's care violated
9 the terms and conditions of a suspended judgment issued under section
10 one thousand fifty-three of this article, the period of the suspended
11 judgment shall be tolled as of the date of such filing pending disposi-
12 tion of the motion or order to show cause. If a motion or order to show
13 cause alleging a violation has been filed and the court finds that
14 removal of the child from the home pending disposition of the motion or
15 order to show cause is necessary pursuant to section one thousand twen-
16 ty-seven of this article, the court may issue an order pursuant to such
17 section one thousand twenty-seven. Nothing in this section shall
18 preclude the child protective agency from taking emergency action pursu-
19 ant to section one thousand twenty-four of this article where compelled
20 by the terms of that section. If, after a hearing on the alleged
21 violation, the court is satisfied by competent proof that the parent or
22 other person violated the order of suspended judgment, the court may
23 revoke the suspension of judgment and enter any order that might have
24 been made at the time judgment was suspended or may extend the period of
25 suspended judgment pursuant to subdivision (b) of section one thousand
26 fifty-three of this article. The court shall state its reasons for
27 revoking or extending a period of suspended judgment under this section.
28 § 6. This act shall take effect on the ninetieth day after it shall
29 have become a law.
