N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.50 - Terms and conditions of order suspending judgment in accordance with section 633 of the Family Court Act or section 384-b(8)(c) of the Social Services
(a) An
order suspending judgment entered pursuant to section 631 of the Family Court
Act or section
384-b(8)(c) of the Social
Services Law shall be related to the adjudicated acts or omissions of
respondent and shall contain at least one of the following terms and conditions
requiring respondent to:
(1)
sustain communication of a substantial nature with the child by letter or
telephone at stated intervals;
(2) maintain consistent contact with the
child, including visits or outings at stated intervals;
(3) participate with the
authorized agency in developing and effectuating a plan for the future of the
child;
(4) cooperate
with the authorized agency's court-approved plan for encouraging and
strengthening the parental relationship;
(5) contribute toward the cost of
maintaining the child if possessed of sufficient means or able to earn such
means;
(6) seek to
obtain and provide proper housing for the child;
(7) cooperate in seeking to
obtain and in accepting medical or psychiatric diagnosis or treatment,
alcoholism or drug abuse treatment, employment or family counseling or child
guidance, and permit information to be obtained by the court from any person or
agency from whom the respondent is receiving or was directed to receive such
services; and
(8)
satisfy such other reasonable terms and conditions as the court shall determine
to be necessary or appropriate to ameliorate the acts or omissions which gave
rise to the filing of the petition.
(b) The order shall set forth the
duration, terms and conditions of the suspended judgment and shall contain a
date certain for review of respondent's compliance not less than 30 days in
advance of the expiration of the suspended judgment. The suspended judgment may
last for up to one year and may, if exceptional circumstances warrant, be
extended by the court for one additional period of up to one year. A copy of
the order, along with a current service plan, shall be furnished to the
respondent. The order shall contain a written statement informing the
respondent that a failure to obey the order may lead to its revocation and to
the issuance of an order for the commitment of the guardianship and custody of
a child. Where the child is in foster care, the order shall set forth the
visitation plan for the child and the respondent, as well as for the child and
his or her sibling or siblings, if any, and shall require the agency to notify
the respondent of case conferences. The order shall further contain a
determination in accordance with subdivision 12 of section
384-b of the Social Services Law of the
existence of any person or persons to whom notice of an adoption would be
required pursuant to section
111-b of the Domestic Relations Law and,
if so, whether such person or persons were given notice of the termination of
parental rights proceeding and whether such person or persons
appeared.
(c) Not
later than 60 days in advance of the expiration of the period of suspended
judgment, the petitioner shall file a report with the Family Court and all
parties, including the respondent and his or her attorney, the child's attorney
and intervenors, if any, regarding the respondent's compliance with the terms
and conditions of the suspended judgment. The court may set additional times at
which the respondent or the authorized agency caring for the child shall report
to the court regarding compliance with the terms and conditions of the
suspended judgment.
(d) If a respondent fails to comply with
the terms and conditions of an order suspending judgment made pursuant to
section 631 of the Family Court Act or section
384-b(8)(c) of the Social
Services Law:
(1) a motion or
order to show cause seeking the revocation of the order may be filed;
(2) the affidavit accompanying
the motion or order to show cause shall contain a concise statement of the acts
or omissions alleged to constitute noncompliance with the order;
(3) the motion or order to show
cause shall be served upon the respondent by mail at the last known address or
as directed by the court and shall be served upon all attorneys, the child's
attorney and intervenors, if any;
(4) during the pendency of the motion or
order to show cause, the period of the suspended judgment is tolled;
and
(5) if, after a
hearing or upon the respondent's admission, the court is satisfied that the
allegations of the motion or order to show cause have been established and upon
a determination of the child's best interests, the court may modify, revise or
revoke the order of suspended judgment or if exceptional circumstances warrant
and the suspended judgment has not already been extended, the court may extend
the suspended judgment for an additional period of up to one year.
(e) The court may at
any time, upon notice and opportunity to be heard to the parties, their
attorneys and the child's attorney, revise, modify or enlarge the terms and
conditions of a suspended judgment previously imposed.
(f) If the child remains in
foster care during the pendency of a suspended judgment or after a suspended
judgment has been deemed satisfied or if guardianship and custody have been
transferred to the agency as a result of a revocation of the suspended
judgment, a permanency hearing must be scheduled for a date certain and must be
completed immediately following or not more than 60 days after the earlier of
the Family Court's oral announcement of its decision or signing and filing of
its written order. Subsequent permanency hearings must be held as required by
section 1089 of the Family Court Act at intervals of not more than six months
from the date of completion of the prior permanency hearing.
Notes
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