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NY S08235
Bill
Status
6/17/2010
Primary Sponsor
Velmanette Montgomery
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AI Summary
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Allows courts to order adjournment in contemplation of dismissal (ACOD) at two distinct stages: prior to entry of a fact-finding order with consent of all parties and the child's attorney, or after a fact-finding order but before disposition 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 mandates that dismissals following an ACOD after a fact-finding order include vacatur of that order
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Establishes procedures for tolling the ACOD period when a violation motion is filed and specifies different timelines for restoring cases to calendar (60 days for pre-fact-finding ACOD, 30 days for post-fact-finding ACOD)
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Permits emergency child removal orders during an ACOD violation proceeding if necessary and authorizes courts to extend suspended judgments for up to an additional year with stated reasons for changes in terms and conditions
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Requires petitioners to file compliance reports 60 days before expiration of suspended judgment periods and provides that suspended judgment terms are deemed satisfied unless a violation motion is filed before expiration, terminating court jurisdiction while preserving the fact-finding order's effect on state abuse and neglect registry
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
PRINT NUMBER 8235A
6/24/2010