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NY A11022

Bill

Status

Introduced

10/7/2020

Primary Sponsor

Helene Weinstein

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Allows any party or child's attorney (with consent of all parties and child's attorney) to file a motion for adjournment in contemplation of dismissal prior to entry of a fact-finding order, requiring the court to state its reasons on the record.

  • Permits adjournment in contemplation of dismissal after entry of a fact-finding order with respondent's consent and without requiring petitioner or child's attorney consent, with vacatur of the fact-finding order upon dismissal.

  • Requires the petitioner to submit a progress report within 90 days of issuance and a report no later than 60 days before expiration of the adjournment period; prohibits certain dispositional orders during adjournment except in limited circumstances.

  • Establishes that tolling of the adjournment period begins when a violation motion is filed; requires the court to either revoke the adjournment and proceed to fact-finding or dispositional hearing within specified timeframes, or extend the period for good cause.

  • Modifies suspended judgment procedures to require court orders specify duration and terms, mandate court review no later than 30 days before expiration, and allow extension for up to one additional year upon finding of exceptional circumstances with reasons stated on record.

Legislative Description

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

Last Action

referred to judiciary

10/7/2020

Committee Referrals

Judiciary10/7/2020

Full Bill Text

No bill text available