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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