S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8304
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE  --  (at request of the Unified Court
   System) -- 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.  The family court act is amended by adding  a  new  section
 829 to read as follows:
   §  829. ADJOURNMENT IN CONTEMPLATION OF DISMISSAL. 1. PRIOR TO OR UPON
 A FACT-FINDING HEARING, WITH THE  CONSENT  OF  THE  PETITIONER  AND  THE
 RESPONDENT  AND  WITH  THE  APPROVAL  OF  THE COURT, A PROCEEDING MAY BE
 ADJOURNED IN CONTEMPLATION OF DISMISSAL. THE COURT  SHALL  CONSIDER  THE
 POSITION OF THE ATTORNEY FOR THE CHILD, IF ONE HAS BEEN APPOINTED. UNDER
 NO  CIRCUMSTANCES SHALL THE COURT ORDER ANY PARTY TO CONSENT TO AN ORDER
 UNDER THIS SECTION.
   2. AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL SHALL BE  AN  ADJOURN-
 MENT  OF  THE PROCEEDING FOR A PERIOD NOT TO EXCEED ONE YEAR WITH A VIEW
 TO ULTIMATE DISMISSAL OF THE PETITION IN FURTHERANCE OF JUSTICE.
   3. SUCH ORDER OF ADJOURNMENT IN CONTEMPLATION OF DISMISSAL MAY INCLUDE
 TERMS AND CONDITIONS AGREEABLE TO THE PARTIES AND TO  THE  COURT.    THE
 COURT  MAY,  AS  A  CONDITION  OF SUCH ORDER, ISSUE A TEMPORARY ORDER OF
 PROTECTION IN ACCORDANCE WITH SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS
 PART. THE DURATION OF THE TEMPORARY ORDER OF PROTECTION MAY  NOT  EXCEED
 THE  LENGTH OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL. COMPLIANCE
 WITH THE TEMPORARY ORDER OF PROTECTION SHALL BE A CONDITION OF THE ORDER
 OF ADJOURNMENT IN CONTEMPLATION OF DISMISSAL.
   4. UPON CONSENT OF THE PETITIONER AND RESPONDENT,  UPON  CONSIDERATION
 OF  THE  POSITION  OF  THE  ATTORNEY  FOR  THE  CHILD,  IF  ONE HAS BEEN
 APPOINTED, AND WITH THE APPROVAL OF THE COURT, THE COURT  MAY  ISSUE  AN
 ORDER  EXTENDING  THE  ADJOURNMENT  IN CONTEMPLATION OF DISMISSAL FOR AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07886-01-5
              

 A. 8304                             2
 
 ADDITIONAL PERIOD OF UP TO ONE YEAR UPON TERMS AND CONDITIONS  AGREEABLE
 TO THE PARTIES AND TO THE COURT.
   5.  UPON  APPLICATION  OF  THE PETITIONER ALLEGING A VIOLATION OF SUCH
 ORDER OF ADJOURNMENT, OR UPON THE COURT'S OWN MOTION, MADE AT  ANY  TIME
 DURING  THE  DURATION  OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL,
 THE COURT MAY RESTORE THE MATTER TO THE  CALENDAR  IF  THE  COURT  FINDS
 AFTER  A  HEARING  BASED  UPON COMPETENT, RELEVANT AND MATERIAL EVIDENCE
 THAT THE RESPONDENT HAS FAILED TO COMPLY WITH THE TERMS  AND  CONDITIONS
 OF  THE  ORDER.  PENDING  A DETERMINATION AFTER A HEARING, THE COURT MAY
 TOLL THE EXPIRATION OF ANY OF THE PROVISIONS OF THE ORDER OF ADJOURNMENT
 IN CONTEMPLATION OF DISMISSAL, MODIFY AND/OR EXTEND THE TEMPORARY  ORDER
 OF PROTECTION OR ISSUE A NEW TEMPORARY ORDER OF PROTECTION.
   6. IF THE PROCEEDING IS NOT RESTORED TO THE CALENDAR AT THE EXPIRATION
 OF THE ADJOURNMENT PERIOD, THE PETITION IS DEEMED TO HAVE BEEN DISMISSED
 BY THE COURT IN FURTHERANCE OF JUSTICE, UNLESS AN APPLICATION IS PENDING
 PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS SECTION. IF THE APPLICATION TO
 RESTORE THE PETITION IS GRANTED, THE PETITION SHALL NOT BE DISMISSED AND
 UNLESS THE PARTIES AGREE TO EXTEND THE ORDER  OR  TO  DISMISSAL  OF  THE
 PETITION, THE COURT SHALL PROCEED EITHER TO A FACT-FINDING HEARING OR TO
 A DISPOSITIONAL HEARING, IF SUCH ORDER WAS ISSUED AFTER FACT-FINDING.
   §  2. Subdivision (e) of section 841 of the family court act, as added
 by chapter 222 of the laws of 1994, is amended   and a  new  subdivision
 (f) is added to read as follows:
   (e)  directing  payment  of restitution in an amount not to exceed ten
 thousand dollars. An order of restitution may  be  made  in  conjunction
 with  any  order of disposition authorized under [subdivisions] SUBDIVI-
 SION (b), (c), [or] (d), OR (F) of this section. In  no  case  shall  an
 order  of  restitution  be  issued  where  the court determines that the
 respondent has already paid such restitution as part of the  disposition
 or  settlement  of  another proceeding arising from the same act or acts
 alleged in the petition before the court[.]; OR
   (F) ADJOURNING THE PETITION IN CONTEMPLATION OF DISMISSAL  IN  ACCORD-
 ANCE WITH SECTION EIGHT HUNDRED TWENTY-NINE OF THIS ARTICLE.
   §  3.  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
 A. 8304                             3
 
 provisions.    UNDER NO CIRCUMSTANCES SHALL THE COURT ORDER ANY PARTY TO
 CONSENT TO AN ORDER UNDER  THIS  SECTION.  THE  COURT  SHALL  STATE  ITS
 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
 A. 8304                             4
 
 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
 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
 A. 8304                             5

 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  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.
   § 4. 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 PART, WITH THE FAMILY COURT AND
 ALL PARTIES, INCLUDING THE RESPONDENT AND  SUCH  RESPONDENT'S  ATTORNEY,
 THE  ATTORNEY  FOR  THE  CHILD  AND  INTERVENORS,  IF ANY, REGARDING THE
 RESPONDENT'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 EXPI-
 RATION OF THE PERIOD OF SUSPENDED JUDGMENT ALLEGING A VIOLATION OR SEEK-
 ING 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-
 A. 8304                             6
 
 ENT TO VACATE THE ORDER OF FACT-FINDING PURSUANT TO SECTION ONE THOUSAND
 SIXTY-ONE OF THIS ARTICLE.
   §  5.  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.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.