22 CRR-NY 205.50NY-CRR
22 CRR-NY 205.50
22 CRR-NY 205.50
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 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.
22 CRR-NY 205.50
Current through June 30, 2021
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