STATUTES RELEVANT
TO DISPOSITIONAL PROVISIONS FOR PARENTS
§ 633. [Permanent
neglect] Suspended
judgment [excerpt]
(a) Rules of
court shall define permissible terms and conditions of a suspended judgment.
These terms and conditions shall relate to the acts or omissions of the parent
or other person responsible for the care of the child.
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§ 841. [Family
offenses] Orders of
disposition
At the conclusion
of a dispositional hearing under this article, the court may enter an order:
(a) dismissing the petition, if the
allegations of the petition are not established; or
(b) suspending judgment for a period not in
excess of six months; or
(c) placing the respondent on probation for a period not exceeding
one year, and requiring respondent to participate in a batterer's education
program designed to help end violent behavior, which may include referral to
drug and alcohol counseling, and to pay the costs thereof if respondent has the
means to do so, provided however that nothing contained herein shall be deemed
to require payment of the costs of any such program by the petitioner, the
state or any political subdivision thereof; or
(d) making an order of protection in accord
with section eight hundred forty-two of this part; or
(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 (b),
(c), or (d) 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.
No order of protection may direct any party to observe conditions of
behavior unless the party requesting the order of protection has served and
filed a petition or counter-claim in accordance with section one hundred
fifty-four-b of this act. Nothing in this section shall preclude the issuance
of a temporary order of protection ex parte, pursuant to section eight hundred
twenty-eight of this article.
Nothing in this section shall preclude the issuance of both an order
of probation and an order of protection as part of the order of disposition.
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a former
spouse and persons who have a child in common, regardless of whether such
persons have been married or have lived together at any time, or against a
member of the same family or household as defined in subdivision one of section
eight hundred twelve of this article.
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§ 842. [Family
offenses] Order of
protection
[As amended, L
2010, ch 325 and 341] An order of protection under section
eight hundred forty-one of this part shall set forth reasonable conditions of
behavior to be observed for a period not in excess of two years by the
petitioner or respondent or for a period not in excess of five years upon (i) a finding by the court on the record of the existence of
aggravating circumstances as defined in paragraph (vii) of subdivision (a) of
section eight hundred twenty-seven of this article; or (ii) a finding by the
court on the record that the conduct alleged in the petition is in violation of
a valid order of protection. Any finding of aggravating circumstances pursuant
to this section shall be stated on the record and upon the order of protection.
The court may also, upon motion, extend the order of protection for a
reasonable period of time upon a showing of good cause or consent of the
parties. The fact that abuse has not occurred during the pendency
of an order shall not, in itself, constitute sufficient ground for denying or
failing to extend the order. The court must articulate a basis for its decision
on the record. [fig 1] The duration of any temporary
order shall not by itself be a factor in determining the length or issuance of
any final order. [fig 2] Any order of protection
issued pursuant to this section shall specify if an order of probation is in
effect. Any order of protection issued pursuant to this section may require the
petitioner or the respondent:
(a) to stay away from the home, school, business or place of
employment of any other party, the other spouse, the other parent, or the
child, and to stay away from any other specific location designated by the
court, provided that the court shall make a determination, and shall state such
determination in a written decision or on the record, whether to impose a
condition pursuant to this subdivision, provided further, however, that failure
to make such a determination shall not affect the validity of such order of
protection. In making such determination, the court shall consider, but shall
not be limited to consideration of, whether the order of protection is likely
to achieve its purpose in the absence of such a condition, conduct subject to
prior orders of protection, prior incidents of abuse, extent of past or present
injury, threats, drug or alcohol abuse, and access to weapons;
(b) to permit a parent, or a person
entitled to visitation by a court order or a separation agreement, to visit the
child at stated periods;
(c) to refrain from committing a family
offense, as defined in subdivision one of section eight hundred twelve of this
act, or any criminal offense against the child or against the other parent or
against any person to whom custody of the child is awarded, or from harassing,
intimidating or threatening such persons;
(d) to permit a designated party to enter the residence during a
specified period of time in order to remove personal belongings not in issue in
this proceeding or in any other proceeding or action under this act or the
domestic relations law;
(e) to refrain from acts of commission or
omission that create an unreasonable risk to the health, safety or welfare of a
child;
(f) to pay the reasonable counsel fees and
disbursements involved in obtaining or enforcing the order of the person who is
protected by such order if such order is issued or enforced;
(g) to require the respondent to participate in a batterer's
education program designed to help end violent behavior, which may include
referral to drug and alcohol counselling, and to pay
the costs thereof if the person has the means to do so, provided however that
nothing contained herein shall be deemed to require payment of the costs of any
such program by the petitioner, the state or any political subdivision thereof;
and
(h) to provide, either directly or by means
of medical and health insurance, for expenses incurred for medical care and
treatment arising from the incident or incidents forming the basis for the
issuance of the order.
(i)
1. to refrain from intentionally injuring or
killing, without justification, any companion animal the respondent knows to be
owned, possessed, leased, kept or held by the petitioner or a minor child
residing in the household.
2. "Companion animal", as used in this section, shall have the
same meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law.
(j) to observe such other conditions as are
necessary to further the purposes of protection.
The court may also award custody of the child, during the term of
the order of protection to either parent, or to an appropriate relative within
the second degree. Nothing in this section gives the court power to place or
board out any child or to commit a child to an institution or agency. [fig 1]
Notwithstanding the provisions of section eight hundred seventeen of
this article, where a temporary order of child support has not already been
issued, the court may in addition to the issuance of an order of protection
pursuant to this section, issue an order for temporary child support in an
amount sufficient to meet the needs of the child, without a showing of
immediate or emergency need. The court shall make an order for temporary child
support notwithstanding that information with respect to income and assets of
the respondent may be unavailable. Where such information is available, the
court may make an award for temporary child support pursuant to the formula set
forth in subdivision one of section four hundred thirteen of this act.
Temporary orders of support issued pursuant to this article shall be deemed to
have been issued pursuant to section four hundred thirteen of this act.
Upon making an order for temporary child support pursuant to this
subdivision, the court shall advise the petitioner of the availability of child
support enforcement services by the support collection unit of the local department
of social services, to enforce the temporary order and to assist in securing
continued child support, and shall set the support matter down for further
proceedings in accordance with article four of this act.
Where the court determines that the respondent has employer-provided
medical insurance, the court may further direct, as part of an order of
temporary support under this subdivision, that a medical support execution be
issued and served upon the respondent's employer as provided for in section
fifty-two hundred forty-one of the civil practice law and rules.
In any proceeding in which an order of protection or temporary order
of protection or a warrant has been issued under this section, the clerk of the
court shall issue to the petitioner and respondent and his counsel and to any
other person affected by the order a copy of the order of protection or
temporary order of protection and ensure that a copy of the order of protection
or temporary order of protection be transmitted to the local correctional
facility where the individual is or will be detained, the state or local
correctional facility where the individual is or will be imprisoned, and the
supervising probation department or division of parole where the individual is
under probation or parole supervision.
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a former
spouse and persons who have a child in common, regardless of whether such
persons have been married or have lived together at any time, or against a
member of the same family or household as defined in subdivision one of section
eight hundred twelve of this article.
In addition to the foregoing provisions, the court may issue an
order, pursuant to section two hundred twenty-seven-c of the real property law,
authorizing the party for whose benefit any order of protection has been issued
to terminate a lease or rental agreement pursuant to section two hundred
twenty-seven-c of the real property law.
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§ 843. [Family
offenses] Rules of court
Rules of court
shall define permissible terms and conditions of any order issued under section
eight hundred forty-one, paragraphs (b), (c) and (d).
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§ 1052. [Child
protective] Disposition
on adjudication [excerpt]
(a) At the
conclusion of a dispositional hearing under this article, the court shall enter
an order of disposition [fig 1] directing one or more of the following:
(i) suspending
judgment in accord with section one thousand fifty-three of this part; or
(ii) releasing the child to the custody of
his parents or other person legally responsible in accord with section one
thousand fifty-four of this part; or
(iii) placing the child in accord with
section one thousand fifty-five of this part; or
(iv) making an order of protection in
accord with one thousand fifty-six of this part; or
(v) placing the respondent under
supervision in accord with section one thousand fifty-seven of this part; or
(vi) granting custody of the child to
relatives or suitable persons pursuant to section one thousand fifty-five-b of
this part.
However, the court shall not enter an order of disposition combining
placement of the child under paragraph (iii) of this subdivision with a
disposition under paragraph (i) or (ii) of this
subdivision. An order granting custody of the child pursuant to paragraph (vi) of this subdivision shall not be combined with any other
disposition under this subdivision.
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§ 1089. Permanency
hearings [excerpt]
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(d) (viii)
(F):
(F) The court may make an order directing a local social services
district or agency to undertake diligent efforts to encourage and strengthen
the parental relationship when it finds such efforts will not be detrimental to
the best interests of the child and there has been no prior court finding that
such efforts are not required. Such efforts shall include encouraging and
facilitating visitation with the child by the parent or other person legally
responsible for the child's care. Such order may include a specific plan of
action for the local social services district or agency including, but not
limited to, requirements that such agency assist the parent or other person legally
responsible for the child's care in obtaining adequate housing, employment,
counseling, medical care or psychiatric treatment. Such order shall also
include encouraging and facilitating visitation with the child by the noncustodial parent and grandparents who have the right to
visitation pursuant to section one thousand eighty-one of this act, and may
include encouraging and facilitating visitation with the child by the child's
siblings. Nothing in this subdivision shall be deemed to limit the authority of
the court to make an order pursuant to section two hundred fifty-five of this
act.
Last
updated January 11, 2011
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