S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11022
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
   -- (at request of the Office of Court Administration) -- read once and
   referred to the Committee on Judiciary
 
 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:
   §  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.
              

                                                            LBD10895-01-9

 A. 11022                            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 SUBPARAGRAPHS (I) AND (III) OF PARAGRAPH (A) OF SUBDIVISION
 TWO OF SECTION ONE THOUSAND SEVENTEEN, PARAGRAPHS (III), (VI), AND (VII)
 OF SUBDIVISION (A) OF SECTION ONE THOUSAND FIFTY-TWO, SECTION ONE  THOU-
 SAND  FIFTY-FIVE  OR  SECTION  ONE THOUSAND FIFTY-FIVE-B 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 PETI-
 TIONER 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

 A. 11022                            3
 
 observe the terms and conditions of the order, the court may direct  the
 child protective agency to observe such terms and conditions and provide
 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 HAS BEEN GRANTED, 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
 HAS  BEEN  GRANTED, 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-

 A. 11022                            4
 
 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 SECTION. IF
 THE  VIOLATION  IS FOUND AND THE MATTER IS RESTORED TO THE CALENDAR, THE
 COURT MAY MAKE FURTHER ORDERS IN ACCORDANCE WITH SUBDIVISION (E) OF THIS
 SECTION.
   § 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:
   § 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.

 A. 11022                            5
 
   §  3.  Section 1071 of the family court act, as amended by chapter 437
 of the laws of 2006, is amended to read as follows:
   § 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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.