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NY A10341
Bill
Status
6/15/2016
Primary Sponsor
Helene Weinstein
Click for details
AI Summary
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Modifies Section 1039 of the Family Court Act to allow adjournments in contemplation of dismissal (ACD) after entry of a fact-finding order with consent of the respondent only, without requiring consent of the petitioner or child's attorney.
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Requires courts to state reasons on the record when ordering an ACD and when extending or revoking an ACD, and mandates petitioner progress reports within 90 days and a report 60 days before expiration of the ACD period.
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Establishes that dismissal of a petition following an ACD after a fact-finding order includes vacatur of the fact-finding order, and provides procedures for tolling the ACD period and restoring matters to calendar if violations are alleged.
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Amends Section 1053 regarding suspended judgments to require courts to set forth duration, terms, conditions, and a court review date not later than 30 days before expiration, and to state reasons for extending the suspension period for up to one additional year.
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Requires petitioner to file a compliance report 60 days before suspended judgment expiration and establishes that disposition terms are deemed satisfied and court jurisdiction terminates unless a violation motion is filed before expiration.
Legislative Description
Relates to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in the family court.
Last Action
REFERRED TO RULES
6/15/2016