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NY S04767

Bill

Status

Introduced

2/27/2017

Primary Sponsor

Tony Avella

Click for details

Origin

Senate

2017-2018 General Assembly

AI Summary

  • Modifies Section 1039 of the Family Court Act to allow adjournments in contemplation of dismissal (ACD) prior to fact-finding orders upon motion of any party or child's attorney with consent of all parties, or on the court's own motion with all parties' consent.

  • Permits ACDs after fact-finding orders with respondent's consent and upon motion of any party or child's attorney, without requiring petitioner's or child's attorney's consent, with parties' right to be heard.

  • Requires courts to state reasons on the record for ordering or extending ACDs and prohibits courts from ordering any party to consent to such orders.

  • Establishes that when an ACD is revoked for violation of terms, the proceeding must resume within 60 days for fact-finding (pre-fact-finding cases) or 30 days for dispositional hearing (post-fact-finding cases), unless extended for good cause.

  • Amends Section 1053 to require suspended judgment orders to specify duration, terms, conditions, and a court review date no later than 30 days before expiration, and requires the petitioner to file compliance reports 60 days before expiration.

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

6/20/2018

Committee Referrals

Rules6/20/2018
Children and Families1/3/2018
Rules6/21/2017
Children and Families2/27/2017

Full Bill Text

No bill text available