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NY A11506
Bill
Status
7/1/2010
Primary Sponsor
Helene Weinstein
Click for details
AI Summary
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Allows courts to order adjournment in contemplation of dismissal (ACOD) either before entry of a fact-finding order with consent of all parties, or after entry of a fact-finding order with only respondent's consent and without requiring petitioner or child's attorney consent.
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Requires courts to state reasons on the record when ordering or extending an ACOD, and specifies that dismissal after a fact-finding order includes vacatur of that order.
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Tolls the ACOD period when a violation motion is filed and allows courts to revoke the ACOD or extend it; if revoked before a fact-finding, proceeding must resume within 60 days; if revoked after a fact-finding, dispositional hearing must occur within 30 days.
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Allows courts to issue removal orders during a violation motion if necessary, even while an ACOD is pending, and permits emergency actions by child protective agencies.
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Modifies suspended judgment procedures to require court review within 30 days before expiration, mandates petitioner to file compliance reports 60 days before expiration, and allows courts to extend suspended judgments for up to one additional year with stated reasons for changes in terms and conditions.
Legislative Description
Clarifies when the family court may order an ACOD either before entry of a fact-finding order or entry of a final disposition; clarifies the procedures applicable when a parent has successfully complied with the conditions of an order suspending judgment.
Last Action
REFERRED TO RULES
7/1/2010