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This entry was published on 2014-09-22
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SECTION 1039
Adjournment in contemplation of dismissal
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 3
§ 1039. Adjournment in contemplation of dismissal. (a) Prior to or
upon a fact-finding hearing, the court may upon a motion by the
petitioner with the consent of the respondent and the child's attorney
or upon its own motion with the consent of the petitioner, the
respondent 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. The
court may make such order 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.

(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
ultimate dismissal of the petition in furtherance of justice. Upon the
consent of the petitioner, the respondent and the child's attorney, the
court may issue an order extending such period for such time and upon
such conditions as may be agreeable to the parties.

(c) Such order may include terms and conditions agreeable to the
parties and to the court, provided that such terms and conditions shall
include a requirement that the child and the respondent be under the
supervision of a child protective agency during the adjournment period.
In any order issued pursuant to this section, such agency 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. The child protective agency 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, 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
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 of this act.

(e) Upon application of 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 court may restore the matter to the calendar, if the court
finds after a hearing that the respondent has failed substantially to
observe the terms and conditions of the order or to cooperate with the
supervising child protective agency. In such event, unless the parties
consent to an order pursuant to section one thousand fifty-one of this
act 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 application
unless such period is extended by the court for good cause shown.

(f) If the proceeding is not so restored to the calendar, the petition
is, at the expiration of the adjournment period, 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 petition shall not be dismissed and shall
proceed in accordance with the provisions of such subdivision (e).

(g) Notwithstanding the provisions of this section, the court, may, at
any time prior to dismissal of the petition pursuant to subdivision (f),
issue an order authorized pursuant to section one thousand twenty-seven.