2006 New York Code - Suspended Judgment.



 
    § 633. Suspended judgment. (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.
    (b) The maximum duration of a suspended judgment under this section is
  one year, unless the court finds at the conclusion of that  period  that
  exceptional  circumstances  require  an extension of that period for one
  additional period of up to one year. Successive extensions  may  not  be
  granted.
    (c) The order of suspended judgment must set forth the duration, terms
  and  conditions  of  the  suspended  judgment,  and  must contain a date
  certain for a court review not later  than  thirty  days  prior  to  the
  expiration  of  the period of suspended judgment. The order of suspended
  judgment must also state in conspicuous print that a failure to obey the
  order may lead to its  revocation  and  to  the  issuance  of  an  order
  terminating  parental rights and committing the guardianship and custody
  of the child to an authorized agency for the  purposes  of  adoption.  A
  copy  of  the  order  of  suspended  judgment,  along  with  the current
  permanency plan, must be furnished to the respondent.
    (d) Not later than sixty days before 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 law guardian and intervenors, if  any,  regarding  the  respondent's
  compliance  with  the  terms  of suspended judgment. The report shall be
  reviewed by the court on the scheduled court date. Unless  a  motion  or
  order to show cause has been filed prior to the expiration of the period
  of  suspended  judgment  alleging a violation or seeking an extension of
  the period of the suspended judgment, the terms of  the  disposition  of
  suspended judgment shall be deemed satisfied and an order committing the
  guardianship and custody of the child shall not be entered.
    (e)  If,  prior  to  the  expiration  of  the  period of the suspended
  judgment, a motion or order to  show  cause  is  filed  that  alleges  a
  violation of the terms and conditions of the suspended judgment, or that
  seeks  to  extend the period of the suspended judgment for an additional
  period of up to one year, then the period of the suspended  judgment  is
  tolled  until entry of the order that disposes of the motion or order to
  show cause.
    (f) Upon finding that  the  respondent  has  violated  the  terms  and
  conditions  of  the  order of suspended judgment, the court may enter an
  order revoking the order  of  suspended  judgment  and  terminating  the
  parental  rights  of  the  respondent or, where such extension is in the
  best interests of the child, extend the period of suspended judgment for
  an additional period of up to one year, if no prior extension  has  been
  granted.
    (g)  If  an order of suspended judgment has been satisfied or has been
  extended, but the child nonetheless remains in foster care pursuant to a
  placement under article  ten  of  this  act  or  section  three  hundred
  fifty-eight-a  of the social services law, a permanency hearing shall be
  completed pursuant to section  one  thousand  eighty-nine  of  this  act
  immediately following, but no later than sixty days after the earlier of
  the  court's  statement  of  its  order on the record or issuance of its
  written order. If guardianship  and  custody  of  the  child  have  been
  transferred to the authorized agency upon an order revoking the order of
  suspended  judgment, a permanency hearing shall be completed pursuant to
  paragraph one of subdivision (a) of section one thousand eighty-nine  of
  this  act  immediately  following, but in no event later than sixty days
  after, the earlier of the court's statement of its order on  the  record
  or issuance of its written order.

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