COURT RULES RELEVANT TO DISPOSITIONAL PROVISIONS FOR PARENTS

 

 

§ 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 Law

 

   (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 judgement. The suspended judgement 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 judgement, 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 judgement. 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 judgement 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 judgement has not already been extended, the court may extend the suspended judgement 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 suspended judgement or after a suspended judgement has been deemed satisfied or if guardianship and custody have been transferred to the agency as a result of a revocation of the suspended judgement, 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 and signing and filing of its written order. Subsequent permanency hearings must be held as required by section 1089 of the Family Court Act on intervals of not more than six months from the date of completion of the prior permanency hearing.

 

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§ 205.74  Terms and conditions of order in accordance with sections 841(b)-(e), 842 and 843 of the Family Court Act (family offenses)

 

   (a) An order suspending judgment entered pursuant to section 841(b) of the Family Court Act shall contain at least one of the following terms and conditions directing the respondent to:

 

(1) stay away from the residence of the person against whom the family offense was committed;

 

(2) stay away from the place of employment or place of education attended by the person against whom the family offense was committed;

 

(3) abstain from communicating by any means, including, but not limited to, telephone, letter, e-mail or other electronic means with the person against whom the family offense was committed; or

 

(4) abstain from repeating the conduct adjudicated a family offense at the fact-finding hearing;

 

(5) cooperate in seeking to obtain and in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, or employment or counseling or child guidance services, or participate in a batterer's educational program designed to help end violent behavior, 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 or participate in such program;

 

(6) allow medical or psychiatric treatment to be furnished to the person against whom the family offense was committed, or any other named family member or household member who is a dependent of the respondent and whose need for medical or psychiatric treatment was occasioned, in whole or in part, by the conduct adjudicated a family offense;

 

(7) cooperate with the person against whom the family offense was committed, the head of the household or parent, in maintaining the home or household;

 

(8) pay restitution in an amount not to exceed $ 10,000; or

 

(9) comply with such other reasonable terms and conditions as the court shall deem necessary or appropriate to ameliorate the acts or omissions which gave rise to the filing of the petition.

 

(b) An order placing the respondent on probation in accordance with section 841(c) of the Family Court Act shall contain at least one of the following terms and conditions, directing the respondent to:

 

(1) observe one or more of the terms and conditions set forth in subdivision (a) of this section;

 

(2) meet with the assigned probation officer when directed to do so by that officer;

 

(3) cooperate with the assigned probation officer in arranging for and allowing visitation in the family residence or household; or

 

(4) cooperate in seeking to obtain and in accepting medical treatment, psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, or employment or counseling services, or participate in a batterer's educational program designed to help end violent behavior, and permit the assigned probation officer to obtain information from any person or agency from whom the respondent is receiving or was directed to receive such services or participate in such program.

 

(c) An order of protection entered in accordance with section 841(d) of the Family Court Act may, in addition to the terms and conditions enumerated in sections 842 and 842-a of the Family Court Act, require the petitioner, respondent or both, or, if before the court, any other member of the household, to:

 

(1) abstain from communicating by any means, including, but not limited to, telephone, letter, e-mail or other electronic means with the person against whom the family offense was committed;

 

(2) stay away from the place of employment or place of education attended by the person against whom the family offense was committed, of a child or a parent, or of another member of the same family or household;

 

(3) refrain from engaging in any conduct which interferes with the custody of a child as set forth in the order;

 

(4) cooperate in seeking to obtain and in accepting medical treatment, psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, or employment or counseling services, or participate in a batterer's educational program designed to help end violent behavior, 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 or participate in such program;

 

(5) pay restitution in an amount not to exceed $ 10,000; or

 

(6) comply with such other reasonable terms and conditions as the court may deem necessary and appropriate to ameliorate the acts or omissions which gave rise to the filing of the petition.

 

(d) A copy of the order setting forth its duration and the terms and conditions imposed shall be furnished to the respondent and to the person or persons against whom the family offense was committed.

 

(e) Each order issued pursuant to section 828 or 841(b), (c), (d) or (e) of the Family Court Act shall contain a written statement informing the respondent that a failure to obey the order may result in commitment to jail for a term not to exceed six months. Each order issued pursuant to section 828 or 841(d) shall contain a written statement informing the respondent that a failure to obey the order may result in incarceration up to seven years.

 

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§ 205.83  Terms and conditions of order in accordance with sections 1053, 1054 and 1057 of the Family Court Act (child protective proceeding)

 

   (a) An order suspending judgment entered pursuant to section 1052 of the Family Court Act shall, where the child is in foster care, set forth the visitation plan between respondent and the child and between the child and his or her sibling or siblings, if any, and shall require the agency to notify the respondent of case conferences. A copy of the order, along with a current service plan, shall be furnished to the respondent. Any order suspending judgment entered pursuant to section 1052 of the Family Court Act shall contain at least one of the following terms and conditions that relate to the adjudicated acts or omissions of the respondent, directing the respondent to:

 

(1) refrain from or eliminate specified acts or conditions found at the fact-finding hearing to constitute or to have caused neglect or abuse;

 

(2) provide adequate and proper food, housing, clothing, medical care, and for the other needs of the child;

 

(3) provide proper care and supervision to the child and cooperate in obtaining, accepting or allowing medical or psychiatric diagnosis or treatment, alcoholism or drug abuse treatment, counseling or child guidance services for the child;

 

(4) take proper steps to insure the child's regular attendance at school; and

 

(5) cooperate in obtaining and accepting medical treatment, psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, employment or counseling services, or child guidance, and permit a child protective agency to obtain information from any person or agency from whom the respondent or the child is receiving or was directed to receive treatment or counseling.

 

(b) An order pursuant to section 1054 of the Family Court Act placing the person to whose custody the child is released under the supervision of a child protective agency, social services officer or duly authorized agency, or an order pursuant to section 1057 placing the respondent under the supervision of a child protective agency, social services official or authorized agency, shall contain at least one of the following terms and conditions requiring the respondent to:

 

(1) observe any of the terms and conditions set forth in subdivision (a) of this section;

 

(2) cooperate with the supervising agency in remedying specified acts or omissions found at the fact-finding hearing to constitute or to have caused the neglect or abuse;

 

(3) meet with the supervising agency alone and with the child when directed to do so by that agency;

 

(4) report to the supervising agency when directed to do so by that agency;

 

(5) cooperate with the supervising agency in arranging for and allowing visitation in the home or other place;

 

(6) notify the supervising agency immediately of any change of residence or employment of the respondent or of the child; or

 

(7) do or refrain from doing any other specified act of omission or commission that, in the judgment of the court, is necessary to protect the child from injury or mistreatment and to help safeguard the physical, mental and emotional well-being of the child.

 

(c) When an order is made pursuant to section 1054 or 1057 of the Family Court Act:

 

(1) the court shall notify the supervising agency in writing of its designation to act and shall furnish to that agency a copy of the order setting forth the terms and conditions imposed;

 

(2) the order shall be accompanied by a written statement informing the respondent that a willful failure to obey the terms and conditions imposed may result in commitment to jail for a term not to exceed six months; and

 

(3) the court may, if it concludes that it is necessary for the protection of the child, direct the supervising agency to furnish a written report to the court at stated intervals not to exceed six months, setting forth whether, and to what extent:

 

(i) there has been any alteration in the respondent's maintenance of the child that is adversely affecting the child's health or well-being;

 

(ii) there is compliance with the terms and conditions of the order of supervision; and

 

(iii) the supervising agency has furnished supporting services to the respondent.

 

(d) A copy of the order, setting forth its duration and the terms and conditions imposed, shall be furnished to the respondent.

 

(e) If an order of supervision is issued in conjunction with an order of placement pursuant to section 1055 of the Family Court Act, the order shall, unless otherwise ordered by the court, be coextensive in duration with the order of placement and shall extend until the completion of the permanency hearing. The order of supervision shall be reviewed along with the placement at the permanency hearing.

 

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Last updated January 11, 2011

 

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