|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|
senate Bill S6678
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6678 - Details
S6678 - Summary
Relates to adjournments in contemplation of dismissal and suspended judgments in child protective proceedings in family court.
S6678 - 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.
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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