senate Bill S6678

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 08 / Mar / 2012
    • REFERRED TO CHILDREN AND FAMILIES
  • 30 / Apr / 2012
    • 1ST REPORT CAL.620
  • 01 / May / 2012
    • 2ND REPORT CAL.
  • 02 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

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

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Bill Details

See Assembly Version of this Bill:
A7639
Versions:
S6678
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §§1039, 1053 & 1071, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Cycle:
A11506, A11506

Votes

4
0
4
Aye
0
Nay
1
aye with reservations
1
absent
0
excused
0
abstained
show Children and Families committee vote details
aye wr (1)
absent (1)

Sponsor Memo

BILL NUMBER:S6678

TITLE OF BILL:
An act to amend the family court act, in relation to adjournments in
contemplation of dismissal and suspended judgments in child protective
proceedings in the family court

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

This measure would clarify and fill gaps in the statutory framework
with respect to adjournments in contemplation of dismissal and
suspended judgments in child protective proceedings.

First, this measure would clarify that an adjournment in contemplation
("ACOD") may be ordered either before entry of a fact-finding order or
before entry of a final disposition. It would maintain current law
permitting an ACOD to be ordered upon consent of the parties and
child's attorney prior to entry of a fact-finding order. Preserving a
1990 amendment to Family Court Act .1039(e) that followed from the
Court of Appeals decision in Matter of Marie B., 62 N.Y.2d 352 (1984),
if Family Court finds a violation of the conditions of the adjournment
and restores the matter to its calendar, the parent would be entitled
to a fact-finding hearing on the original child abuse or neglect
petition prior to the case advancing to the dispositional stage.
Eliminating the confusing and overly limiting phrase "upon a
fact-finding hearing," this measure makes clear that an ACOD may
instead be ordered' (a)fter the entry of a fact-finding order but
prior to the entry of a dispositional order" also upon motion by any
party or the child's attorney. In such event, consent of the
petitioner child protective agency and child's attorney would not be
required but both would have a right to be heard regarding their
positions. Where the matter is restored to the Family Court calendar
as a result of a violation of the conditions of the adjournment, the
matter would proceed to disposition no later than thirty days after
the application to restore the matter to the calendar, unless an
extension for "good cause" is granted by the Court. In all cases,
Family Court must state reasons on the record for adjourning a case in
contemplation of dismissal.

This measure also clarifies that an ACOD may be extended for up to one
year, either upon consent of the parties and child's attorney (if
prior to fact-finding) or for good cause upon the respondent's consent
(if after fact-finding and prior to disposition). If a violation of
the conditions of the adjournment is alleged, the adjournment period
is tolled pending a determination regarding the alleged violation.
Additionally, sixty days prior to expiration of the ACOD, the child
protective agency must report to the Family Court, parties and child's
attorney regarding compliance with the conditions. If there has been
no violation of the ACOD and it has not been extended, the petition
would be deemed dismissed and, in the case of a post-fact-finding
ACOD, the fact-finding itself would be deemed vacated. If the court
finds a violation, it may extend the ACOD, possibly with new or
different conditions, or may restore the matter to the calendar for


fact-finding (for pre-fact-finding ACOD's) or for disposition (for
post-fact-finding ACOD's).

During the period of an ACOD, Family Court could not place the child
pursuant to Family Court Act § 1055 and the ACOD may not be
conditioned upon the child's voluntary placement pursuant to Social
Services Law §358-a. Except as necessary under sections 1024 or 1027
of the Family Court Act, the child could not be removed from home
during the adjournment period. These amendments are necessary in light
of the fact that children remanded or placed in foster care,
notwithstanding ACOD of the underlying proceeding, are not eligible
for Federal foster care reimbursement under Title IV-E of the Social
Security Act. It goes without saying that if the case warrants
dismissal following a period of adjournment, the Court could not find
that retention in the home would be contrary to the child's best
interests, as is required by the New York State and Federal Adoption
and Safe Families Acts for Federal foster care eligibility. See Family
Court Act §1027(b); Social Services Law §358-a(3); Public Law 105-89.

Like the provisions regarding ACODs, the dispositional alternative of
suspended judgment in child protective cases has long generated
confusion, because the Family Court Act is largely silent regarding
procedures for its issuance, as well as its ultimate consequences.
Similar to statutory amendments made in 2005 and 2006 to Family Court
Act §633,(1) the suspended judgment provisions applicable to permanent
neglect cases, this measure would amend Family Court Act § 1053 to
require that the order suspending judgment contain its duration, terms
and conditions. The order also would require a warning in conspicuous
print that failure to comply may lead to its revocation and to
issuance of any other order of disposition that might have been made
under Family Court Act § 1052 at the time the judgment was suspended.
A copy of the order must be furnished to the respondent.

This measure would clarify procedures applicable when a parent has
successfully complied with the conditions of a suspended judgment.
The order suspending judgment must include a date for a review by the
court and parties of the parent's compliance no later than 30 days
prior to the expiration of the suspended judgment period. In addition
to existing requirements for progress reports 90 days after issuance
of the order and as ordered by the court, this measure would require a
report no later than 60 days prior to the suspended judgment's
expiration.

Consistent with the observation of the Appellate Division, Third
Department, in Matter of Baby Girl W., 245 A.D.2d 830 (3rd Dept.,
1997), this measure provides that, at the end of a successful period
of a suspended judgment, the underlying order of factfinding would not
automatically be vacated; nor would the report on the Statewide
Central Register of Child Abuse and Maltreatment automatically be
sealed or expunged. Rather, as in Matter of Makynli N., 17 Misc.3d
1127, (Fam. Ct., Monroe Co., 2007) (Unreported), a parent could apply
to Family Court, pursuant to Family Court Act §1061, for an order
vacating the order of fact-finding and dismissing the proceeding in
accordance with Family Court Act § 1051(c) on the ground that the
court's aid is no longer required and that the dismissal would be in
the children's best interests. Such a dismissal would then provide the
parent with grounds to seek administrative relief in terms of sealing


or expungement of the State Central Register report. As the Family
Court, Monroe County, noted in its earlier opinion in the case,

(A) suspended judgment neither condones Respondent's neglectful
action, nor does it necessarily eradicate the finding. (Citation
omitted).

Matter of MN, 16 Misc.3d 499,506 (Fam. Ct., Monroe Co., 2007).
Significantly, it is the requirement of this procedural step, i.e.,
the motion under Family Court Act § 1061, that distinguishes the
outcome of a successful suspended judgment from that of an adjournment
in contemplation of dismissal. A suspended judgment may thus be an
appropriate disposition in cases in which the Court determines that a
full dismissal of the proceedings, including vacatur of the
fact-finding, should not be automatic.

Concomitantly, this measure amends the procedures to be followed in
the event that the parent does not comply with the conditions of a
suspended judgment. While chapter 519 of the Laws of 2008 amended
Family Court Act §1052(a) to clarify that a disposition of suspended
judgment may not be combined with that of placement of a child, there
may be cases where temporary removal of a child may be necessary
pending the outcome of a motion or order to show cause alleging a
violation of a suspended judgment. Thus, just as Family Court may
remove a child from home if necessary for the child's protection
pending disposition of a child protective proceeding, pursuant to
Family Court Act § 1027(a)(iii), so, too, this measure would permit
the convening of a hearing and, if needed, temporary removal of child
from his or her home pending the resolution of a violation proceeding.

This measure, which would have no fiscal impact on the State, would
take effect 90 days after becoming law.

LEGISLATIVE HISTORY:
Senate 8235-A (Sen. Montgomery) (Rules)
Assembly 11506 (M. of A. Weinstein) (PASSED)

FOOTNOTE:
(1) See L. 2005, c. 3; L. 2006, c. 437.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6678

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced by Sen. SALAND -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families

AN ACT to amend the family court act, in  relation  to  adjournments  in
  contemplation of dismissal and suspended judgments in child protective
  proceedings in the family court

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1039 of the family court act, as amended by chapter
707 of the laws of 1975, subdivisions (a), (b),  (c),  (d)  and  (e)  as
amended by chapter 41 of the laws of 2010 and subdivision (f) as amended
by chapter 601 of the laws of 1985, is amended to read as follows:
  S  1039.  Adjournment in contemplation of dismissal.  (a) (I) Prior to
[or upon] THE ENTRY OF a fact-finding [hearing] ORDER,  the  court  may,
upon a motion by [the petitioner with the consent of the respondent and]
ANY  PARTY  OR  the child's attorney WITH THE CONSENT OF ALL PARTIES AND
THE CHILD'S ATTORNEY, or upon its own motion with the  consent  of  [the
petitioner,  the respondent] ALL PARTIES and the child's attorney, order
that the proceeding be ["]adjourned  in  contemplation  of  dismissal[".
Under  no circumstances shall the court order any party to consent to an
order under this section].
  (II) AFTER ENTRY OF A FACT-FINDING ORDER BUT PRIOR TO THE ENTRY  OF  A
DISPOSITIONAL  ORDER,  THE COURT MAY, WITH CONSENT OF THE RESPONDENT AND
UPON MOTION OF ANY PARTY OR THE CHILD'S ATTORNEY OR UPON ITS OWN  MOTION
WITHOUT  REQUIRING  THE  CONSENT  OF  THE PETITIONER OR ATTORNEY FOR THE
CHILD, ORDER THAT  THE  PROCEEDING  BE  ADJOURNED  IN  CONTEMPLATION  OF
DISMISSAL.  THE PETITIONER, RESPONDENT AND ATTORNEY FOR THE CHILD HAVE A
RIGHT TO BE HEARD WITH RESPECT TO THE MOTION.
  (III) The court may make [such] AN order UNDER THIS SECTION only after
it has apprised the respondent of the provisions of this section and  it
is  satisfied  that  the  respondent  understands  the  effect  of  such
provisions.  UNDER NO CIRCUMSTANCES SHALL THE COURT ORDER ANY  PARTY  TO
CONSENT  TO  AN  ORDER  UNDER  THIS  SECTION.  THE COURT SHALL STATE ITS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11106-01-1

S. 6678                             2

REASONS ON THE RECORD FOR ORDERING AN ADJOURNMENT  IN  CONTEMPLATION  OF
DISMISSAL UNDER THIS SECTION.
  (b)  An adjournment in contemplation of dismissal is an adjournment of
the proceeding for a period not to exceed one year with a view to  ulti-
mate  dismissal  of the petition in furtherance of justice.  IN THE CASE
OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AFTER  THE  ENTRY  OF  A
FACT-FINDING  ORDER, SUCH DISMISSAL INCLUDES VACATUR OF THE FACT-FINDING
ORDER.
  (I) Upon the consent of the petitioner, the respondent and the child's
attorney, the court may issue an order extending [such] THE period OF AN
ADJOURNMENT IN CONTEMPLATION OF DISMISSAL ISSUED PURSUANT  TO  PARAGRAPH
(I)  OF  SUBDIVISION  (A)  OF  THIS  SECTION  PRIOR  TO  THE  ENTRY OF A
FACT-FINDING ORDER for such time and upon  such  conditions  as  may  be
agreeable to the parties.
  (II)  FOR GOOD CAUSE SHOWN AND WITH THE CONSENT OF THE RESPONDENT, THE
COURT MAY, ON ITS OWN MOTION OR ON MOTION OF ANY PARTY OR  THE  ATTORNEY
FOR  THE CHILD AND AFTER PROVIDING NOTICE AND AN OPPORTUNITY TO BE HEARD
TO ALL PARTIES AND THE ATTORNEY FOR THE CHILD, ISSUE AN ORDER  EXTENDING
AN  ADJOURNMENT  IN  CONTEMPLATION OF DISMISSAL ISSUED PURSUANT TO PARA-
GRAPH (II)  OF  SUBDIVISION  (A)  OF  THIS  SECTION  AFTER  ENTRY  OF  A
FACT-FINDING  ORDER  FOR SUCH TIME AND UPON SUCH CONDITIONS AS MAY BE IN
THE BEST INTERESTS OF THE CHILD OR CHILDREN WHO ARE THE SUBJECTS OF  THE
PROCEEDING.
  (III) THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR EXTENDING AN
ADJOURNMENT  IN  CONTEMPLATION  OF  DISMISSAL  UNDER  THIS  SUBDIVISION,
INCLUDING ITS REASONS FOR CHANGES IN THE TERMS AND CONDITIONS, IF ANY.
  (c) [Such] THE order [may] SHALL include terms and conditions  [agree-
able  to  the  parties  and  to  the court, provided that such terms and
conditions] IN FURTHERANCE OF THE BEST INTERESTS OF THE CHILD  OR  CHIL-
DREN  WHO  ARE THE SUBJECTS OF THE PROCEEDING AND shall include, BUT NOT
BE LIMITED TO, a requirement that the child and the respondent be  under
the  supervision  of  a  child  protective agency during the adjournment
period.  EXCEPT AS PROVIDED IN SUBDIVISION (G) OF THIS SECTION, AN ORDER
PURSUANT TO SECTION ONE THOUSAND  SEVENTEEN,  OR  SECTION  ONE  THOUSAND
FIFTY-FIVE OF THIS ARTICLE SHALL NOT BE MADE IN ANY CASE ADJOURNED UNDER
THIS  SECTION; NOR SHALL AN ORDER UNDER THIS SECTION CONTAIN A CONDITION
REQUIRING THE CHILD OR CHILDREN TO BE  PLACED  VOLUNTARILY  PURSUANT  TO
SECTIONS  THREE  HUNDRED  FIFTY-EIGHT AND THREE HUNDRED EIGHTY-FOUR-A OF
THE SOCIAL SERVICES LAW. In any order issued pursuant to  this  section,
[such agency] THE PETITIONER shall be directed to make a progress report
to the court, the parties and the child's attorney on the implementation
of  such  order,  no  later  than ninety days after the issuance of such
order[, unless the court determines that the facts and circumstances  of
the  case  do  not  require  such reports to be made] AND SHALL SUBMIT A
REPORT PURSUANT TO SECTION ONE THOUSAND FIFTY-EIGHT OF THIS  ARTICLE  NO
LATER  THAN  SIXTY DAYS PRIOR TO THE EXPIRATION OF THE ORDER. The [child
protective agency] PETITIONER shall make further reports to  the  court,
the parties and the child's attorney in such manner and at such times as
the court may direct.
  (d)  Upon  application  of  the  respondent,  the petitioner[,] OR the
child's attorney or upon the court's own motion, made at any time during
the duration of the order, if the child  protective  agency  has  failed
substantially  to provide the respondent with adequate supervision or to
observe the terms and conditions of the order, the court may direct  the
child protective agency to observe such terms and conditions and provide

S. 6678                             3

adequate  supervision  or  may  make  any  order  authorized pursuant to
section two hundred fifty-five OR ONE THOUSAND FIFTEEN-A of this act.
  (e) [Upon application of] IF, PRIOR TO THE EXPIRATION OF THE PERIOD OF
AN  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, A MOTION OR ORDER TO SHOW
CAUSE IS FILED BY the petitioner or the child's  attorney  or  upon  the
court's  own  motion, made at any time during the duration of the order,
[the] THAT ALLEGES A VIOLATION  OF  THE  TERMS  AND  CONDITIONS  OF  THE
ADJOURNMENT, THE PERIOD OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL
IS  TOLLED  AS  OF  THE  DATE OF SUCH FILING UNTIL THE ENTRY OF AN ORDER
DISPOSING OF THE MOTION OR ORDER TO SHOW CAUSE.   THE court  may  REVOKE
THE  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AND restore the matter to
the calendar OR THE COURT MAY EXTEND THE PERIOD OF  THE  ADJOURNMENT  IN
CONTEMPLATION  OF DISMISSAL PURSUANT TO SUBDIVISION (B) OF THIS SECTION,
if the court finds after a hearing ON THE  ALLEGED  VIOLATION  that  the
respondent  has failed substantially to observe the terms and conditions
of the order or to cooperate with the supervising child protective agen-
cy. [In such event] WHERE THE  COURT  HAS  REVOKED  THE  ADJOURNMENT  IN
CONTEMPLATION OF DISMISSAL AND RESTORED THE MATTER TO THE CALENDAR:
  (I) IN THE CASE OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL ISSUED
PRIOR  TO  THE ENTRY OF A FACT-FINDING ORDER, unless the parties consent
to an order pursuant to section one thousand  fifty-one  of  this  [act]
ARTICLE  or  unless  the  petition  is dismissed upon the consent of the
petitioner, the court shall thereupon proceed to a fact-finding  hearing
under this article no later than sixty days after [such] THE application
TO RESTORE THE MATTER TO THE CALENDAR, unless such period is extended by
the court for good cause shown; OR
  (II)  IN  THE  CASE  OF  AN  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL
ISSUED AFTER THE ENTRY OF A FACT-FINDING ORDER, THE COURT SHALL THEREUP-
ON PROCEED TO A DISPOSITIONAL HEARING UNDER THIS ARTICLE NO  LATER  THAN
THIRTY DAYS AFTER THE APPLICATION TO RESTORE THE MATTER TO THE CALENDAR,
UNLESS SUCH PERIOD IS EXTENDED BY THE COURT FOR GOOD CAUSE SHOWN.
  (III)  THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR REVOKING AN
ADJOURNMENT IN CONTEMPLATION OF DISMISSAL AND RESTORING  THE  MATTER  TO
THE CALENDAR UNDER THIS SUBDIVISION.
  (f) If the proceeding is not [so] restored to the calendar AS A RESULT
OF A FINDING OF AN ALLEGED VIOLATION PURSUANT TO SUBDIVISION (E) OF THIS
SECTION  AND  IF  THE  ADJOURNMENT  IN CONTEMPLATION OF DISMISSAL IS NOT
EXTENDED PURSUANT TO SUBDIVISION (B) OF THIS SECTION, the  petition  is,
at the expiration of the adjournment IN CONTEMPLATION OF DISMISSAL peri-
od, deemed to have been dismissed by the court in furtherance of justice
[unless  an  application  is pending pursuant to subdivision (e) of this
section]. If [such application is granted] THE COURT FINDS  A  VIOLATION
PURSUANT  TO  SUBDIVISION (E) OF THIS SECTION, the petition shall not be
dismissed and shall proceed in accordance with the  provisions  of  such
subdivision (e).
  (g)  Notwithstanding  the  provisions  of this section, IF A MOTION OR
ORDER TO SHOW CAUSE IS FILED ALLEGING A VIOLATION PURSUANT  TO  SUBDIVI-
SION  (E)  OF THIS SECTION AND THE COURT FINDS THAT REMOVAL OF THE CHILD
FROM THE HOME IS NECESSARY PURSUANT TO SECTION ONE THOUSAND TWENTY-SEVEN
OF THIS ARTICLE DURING THE PENDENCY OF THE VIOLATION MOTION OR ORDER  TO
SHOW  CAUSE,  the  court[,]  may,  at any time prior to dismissal of the
petition pursuant to subdivision (f) OF THIS  SECTION,  issue  an  order
authorized  pursuant  to section one thousand twenty-seven OF THIS ARTI-
CLE. NOTHING IN THIS SECTION SHALL PRECLUDE THE CHILD PROTECTIVE  AGENCY
FROM   TAKING   EMERGENCY   ACTION  PURSUANT  TO  SECTION  ONE  THOUSAND
TWENTY-FOUR OF THIS  ARTICLE  WHERE  COMPELLED  BY  THE  TERMS  OF  THAT

S. 6678                             4

SECTION.  IF  THE  VIOLATION  IS FOUND AND THE MATTER IS RESTORED TO THE
CALENDAR, THE COURT MAY MAKE FURTHER ORDERS IN ACCORDANCE WITH  SUBDIVI-
SION (E) OF THIS SECTION.
  S  2. Section 1053 of the family court act, as added by chapter 962 of
the laws of 1970 and subdivision (c) as amended by  chapter  41  of  the
laws of 2010, is amended to read as follows:
  S 1053. Suspended judgment.  (a) Rules of court shall define permissi-
ble terms and conditions of a suspended judgment. These terms and condi-
tions  shall  relate  to  the  acts  or omissions of the parent or other
person legally responsible for the care of the child.
  (b) The maximum duration of any term or condition of a suspended judg-
ment is one year, unless the court finds at the conclusion of that peri-
od, upon a hearing, that exceptional circumstances require an  extension
thereof for A PERIOD OF UP TO an additional year.  THE COURT SHALL STATE
ITS  REASONS  ON THE RECORD FOR EXTENDING A PERIOD OF SUSPENDED JUDGMENT
UNDER THIS SUBDIVISION, INCLUDING ITS REASONS FOR CHANGES IN  THE  TERMS
AND CONDITIONS, IF ANY.
  (c)  Except  as  provided  for herein, in any order issued pursuant to
this section, the court may require the child protective agency to  make
progress  reports to the court, the parties, and the child's attorney on
the implementation of such order. Where  the  order  of  disposition  is
issued  upon  the  consent of the parties and the child's attorney, such
agency shall report to the court, the parties and the  child's  attorney
no  later  than  ninety days after the issuance of the order, unless the
court determines that the facts and circumstances of  the  case  do  not
require such report to be made.
  (D) THE ORDER OF SUSPENDED JUDGMENT MUST SET FORTH THE DURATION, TERMS
AND  CONDITIONS  OF  THE  SUSPENDED  JUDGMENT,  AND  MUST CONTAIN A DATE
CERTAIN FOR A COURT REVIEW NOT LATER THAN THIRTY DAYS PRIOR TO THE EXPI-
RATION OF THE PERIOD OF SUSPENDED JUDGMENT. THE ORDER OF SUSPENDED JUDG-
MENT ALSO MUST STATE IN CONSPICUOUS PRINT THAT A  FAILURE  TO  OBEY  THE
ORDER  MAY  LEAD TO ITS REVOCATION AND TO THE ISSUANCE OF ANY ORDER THAT
MIGHT HAVE BEEN MADE AT THE TIME JUDGMENT WAS SUSPENDED. A COPY  OF  THE
ORDER OF SUSPENDED JUDGMENT MUST BE FURNISHED TO THE RESPONDENT.
  (E)  NOT  LATER THAN SIXTY DAYS BEFORE THE EXPIRATION OF THE PERIOD OF
SUSPENDED JUDGMENT, THE PETITIONER SHALL  FILE  A  REPORT,  PURSUANT  TO
SECTION  ONE THOUSAND FIFTY-EIGHT OF THIS ARTICLE, WITH THE FAMILY COURT
AND ALL PARTIES, INCLUDING THE RESPONDENT AND HIS OR HER  ATTORNEY,  THE
ATTORNEY  FOR  THE CHILD AND INTERVENORS, IF ANY, REGARDING THE RESPOND-
ENT'S COMPLIANCE WITH THE TERMS OF THE SUSPENDED  JUDGMENT.  THE  REPORT
SHALL  BE  REVIEWED  BY THE COURT ON THE SCHEDULED COURT DATE.  UNLESS A
MOTION OR ORDER TO SHOW CAUSE HAS BEEN FILED PRIOR TO THE EXPIRATION  OF
THE  PERIOD  OF  SUSPENDED  JUDGMENT  ALLEGING A VIOLATION OR SEEKING AN
EXTENSION OF THE PERIOD OF THE SUSPENDED  JUDGMENT,  THE  TERMS  OF  THE
DISPOSITION  OF  SUSPENDED  JUDGMENT  SHALL BE DEEMED SATISFIED. IN SUCH
EVENT, THE COURT'S JURISDICTION OVER THE PROCEEDING SHALL BE TERMINATED.
HOWEVER, THE ORDER OF FACT-FINDING AND THE PRESUMPTIVE  EFFECT  OF  SUCH
FINDING  UPON  RETENTION OF THE REPORT OF SUSPECTED ABUSE AND NEGLECT ON
THE STATE CENTRAL REGISTER IN ACCORDANCE WITH PARAGRAPH (B) OF  SUBDIVI-
SION EIGHT OF SECTION FOUR HUNDRED TWENTY-TWO OF THE SOCIAL SERVICES LAW
SHALL  REMAIN IN EFFECT UNLESS THE COURT GRANTS A MOTION BY THE RESPOND-
ENT TO VACATE THE ORDER OF FACT-FINDING PURSUANT TO SECTION ONE THOUSAND
SIXTY-ONE OF THIS ARTICLE.
  S 3. Section 1071 of the family court act, as amended by  chapter  437
of the laws of 2006, is amended to read as follows:

S. 6678                             5

  S 1071. Failure to comply with terms and conditions of suspended judg-
ment.  If,  prior to the expiration of the period of the suspended judg-
ment, a motion or order to show cause  is  filed  that  alleges  that  a
parent  or  other person legally responsible for a child's care violated
the  terms  and  conditions of a suspended judgment issued under section
one thousand fifty-three of this article, the period  of  the  suspended
judgment  shall be tolled AS OF THE DATE OF SUCH FILING pending disposi-
tion of the motion or order to show cause.  IF A MOTION OR ORDER TO SHOW
CAUSE ALLEGING A VIOLATION HAS BEEN  FILED  AND  THE  COURT  FINDS  THAT
REMOVAL  OF THE CHILD FROM THE HOME PENDING DISPOSITION OF THE MOTION OR
ORDER TO SHOW CAUSE IS NECESSARY PURSUANT TO SECTION ONE THOUSAND  TWEN-
TY-SEVEN  OF THIS ARTICLE, THE COURT MAY ISSUE AN ORDER PURSUANT TO SUCH
SECTION ONE THOUSAND  TWENTY-SEVEN.    NOTHING  IN  THIS  SECTION  SHALL
PRECLUDE THE CHILD PROTECTIVE AGENCY FROM TAKING EMERGENCY ACTION PURSU-
ANT  TO SECTION ONE THOUSAND TWENTY-FOUR OF THIS ARTICLE WHERE COMPELLED
BY THE TERMS OF THAT  SECTION.  If,  after  A  hearing  ON  THE  ALLEGED
VIOLATION,  the court is satisfied by competent proof that the parent or
other person violated the order of suspended  judgment,  the  court  may
revoke  the  suspension  of judgment and enter any order that might have
been made at the time judgment was suspended OR MAY EXTEND THE PERIOD OF
SUSPENDED JUDGMENT PURSUANT TO SUBDIVISION (B) OF SECTION  ONE  THOUSAND
FIFTY-THREE  OF  THIS  ARTICLE.  THE  COURT  SHALL STATE ITS REASONS FOR
REVOKING OR EXTENDING A PERIOD OF SUSPENDED JUDGMENT UNDER THIS SECTION.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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