2006 New York Code - Adjournment In Contemplation Of Dismissal.

 
    §  1039.  Adjournment  in  contemplation of dismissal. (a) Prior to or
  upon a fact-finding  hearing,  the  court  may  upon  a  motion  by  the
  petitioner  with  the consent of the respondent and the child's attorney
  or law guardian  or  upon  its  own  motion  with  the  consent  of  the
  petitioner,  the  respondent  and  the child's attorney or law guardian,
  order that the proceeding be "adjourned in contemplation of  dismissal".
  Under  no circumstances shall the court order any party to consent to an
  order under this section. The court may make such order  only  after  it
  has  apprised the respondent of the provisions of this section and it is
  satisfied that the respondent understands the effect of such provisions.
    (b) An adjournment in contemplation of dismissal is an adjournment  of
  the  proceeding  for  a  period  not  to  exceed one year with a view to
  ultimate dismissal of the petition in furtherance of justice.  Upon  the
  consent  of  the  petitioner, the respondent and the child's attorney or
  law guardian, the court may issue an order  extending  such  period  for
  such time and upon such conditions as may be agreeable to the parties.
    (c)  Such  order  may  include  terms  and conditions agreeable to the
  parties and to the court, provided that such terms and conditions  shall
  include  a  requirement  that  the child and the respondent be under the
  supervision of a child protective agency during the adjournment  period.
  In  any  order  issued  pursuant  to  this section, such agency shall be
  directed to make a progress report to the court,  the  parties  and  the
  child's  law guardian on the implementation of such order, no later than
  ninety  days  after  the  issuance  of  such  order,  unless  the  court
  determines  that  the facts and circumstances of the case do not require
  such reports to be made. The child protective agency shall make  further
  reports  to  the  court, the parties and the law guardian in such manner
  and at such times as the court may direct.
    (d) Upon application of the respondent, the  petitioner,  the  child's
  attorney  or  law  guardian  or upon the court's own motion, made at any
  time during the duration of the order, if the  child  protective  agency
  has  failed  substantially  to  provide  the  respondent  with  adequate
  supervision or to observe the terms and conditions  of  the  order,  the
  court  may  direct the child protective agency to observe such terms and
  conditions and provide  adequate  supervision  or  may  make  any  order
  authorized pursuant to section two hundred fifty-five of this act.
    (e)  Upon application of the petitioner or the child's attorney or law
  guardian, or upon the court's own motion, made at any  time  during  the
  duration of the order, the court may restore the matter to the calendar,
  if  the  court  finds  after  a  hearing  that the respondent has failed
  substantially to observe the terms and conditions of  the  order  or  to
  cooperate  with  the supervising child protective agency. In such event,
  unless the parties consent to an order pursuant to section one  thousand
  fifty-one  of  this  act  or  unless  the petition is dismissed upon the
  consent of the petitioner,  the  court  shall  thereupon  proceed  to  a
  factfinding  hearing  under  this article no later than sixty days after
  such application unless such period is extended by the  court  for  good
  cause shown.
    (f) If the proceeding is not so restored to the calendar, the petition
  is,  at  the  expiration  of the adjournment period, deemed to have been
  dismissed by the court in furtherance of justice unless  an  application
  is  pending  pursuant  to  subdivision  (e)  of  this  section.  If such
  application is granted the petition shall not  be  dismissed  and  shall
  proceed in accordance with the provisions of such subdivision (e).
    (g) Notwithstanding the provisions of this section, the court, may, at
  any time prior to dismissal of the petition pursuant to subdivision (f),
  issue an order authorized pursuant to section one thousand twenty-seven.