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NY A08304
Bill
Status
5/12/2025
Primary Sponsor
Charles Lavine
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AI Summary
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Establishes a new section 829 in the Family Court Act allowing child protective proceedings to be adjourned in contemplation of dismissal (ACD) for up to one year prior to or upon a fact-finding hearing, with consent of petitioner and respondent and court approval
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Permits ACDs to be issued after a fact-finding order but before disposition with only the respondent's consent required, without requiring consent of the petitioner or attorney for the child
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Requires automatic dismissal of petitions (including vacatur of any fact-finding order) if proceedings are not restored to the calendar at the expiration of the ACD period, unless a violation motion is pending or an extension is granted
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Mandates that petitioners file progress reports within 90 days of an ACD order and submit a report 60 days before the order's expiration, with the court required to state reasons on the record for any ACD or extension
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Clarifies procedures for suspended judgments, including requiring a court review date no later than 30 days before expiration and establishing that if no violation motion is filed, the suspended judgment terms are deemed satisfied and court jurisdiction terminates
Legislative Description
Relates to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in the family court.
Last Action
referred to codes
1/7/2026