senate Bill S6678

2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 02, 2012 advanced to third reading
May 01, 2012 2nd report cal.
Apr 30, 2012 1st report cal.620
Mar 08, 2012 referred to children and families

Votes

view votes

Apr 30, 2012 - Children and Families committee Vote

S6678
4
0
committee
4
Aye
0
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Apr 30, 2012

aye wr (1)
absent (1)

Co-Sponsors

S6678 - Details

See Assembly Version of this Bill:
A7639
Law Section:
Family Court Act
Laws Affected:
Amd §§1039, 1053 & 1071, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Session:
A11506

S6678 - Summary

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

S6678 - Sponsor Memo

S6678 - Bill Text download pdf

                    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

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