senate Bill S6214

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2020 referred to judiciary
delivered to assembly
passed senate
Jan 23, 2020 advanced to third reading
Jan 22, 2020 2nd report cal.
Jan 21, 2020 1st report cal.219
Jan 08, 2020 referred to children and families
returned to senate
died in assembly
Jun 05, 2019 referred to judiciary
delivered to assembly
passed senate
Jun 03, 2019 advanced to third reading
May 30, 2019 2nd report cal.
May 29, 2019 1st report cal.951
May 23, 2019 referred to children and families

Votes

view votes

Jan 21, 2020 - Children and Families committee Vote

S6214
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Jan 21, 2020

nay (1)
aye wr (1)

May 29, 2019 - Children and Families committee Vote

S6214
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 29, 2019

aye wr (2)

Co-Sponsors

S6214 (ACTIVE) - Details

See Assembly Version of this Bill:
A11022
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §§1039, 1053 & 1071, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2015-2016: S7220
2017-2018: S4767

S6214 (ACTIVE) - Summary

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

S6214 (ACTIVE) - Sponsor Memo

S6214 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6214
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  --  (at request of the Office of Court
   Administration) -- 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:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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