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NY S07220

Bill

Status

Introduced

4/7/2016

Primary Sponsor

Tony Avella

Click for details

Origin

Senate

2015-2016 General Assembly

AI Summary

  • Modifies the timing and consent requirements for adjournments in contemplation of dismissal (ACD) in child protective proceedings, allowing such orders prior to fact-finding hearings with consent of any party or child's attorney, and after fact-finding orders with only respondent consent.

  • Requires courts to state reasons on the record when ordering or extending an ACD, and prohibits courts from ordering any party to consent to an ACD order under any circumstances.

  • Changes the conditions of ACD orders to focus on the best interests of the child rather than terms agreeable to all parties, and prohibits certain dispositional orders and voluntary placement requirements during ACD periods.

  • Establishes that dismissal of a petition following an ACD includes vacatur of the fact-finding order if the ACD was issued after fact-finding, and allows courts to extend the ACD period or revoke it if violations are found.

  • Adds new requirements for suspended judgment orders including mandatory court review dates, conspicuous notice to respondents of potential revocation consequences, and pre-expiration compliance reports filed by the petitioner rather than the child protective agency.

Legislative Description

Relates to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in the family court.

Last Action

COMMITTED TO RULES

6/17/2016

Committee Referrals

Rules6/17/2016
Children and Families4/7/2016

Full Bill Text

No bill text available