§ 633 — Suspended judgment

New York § 633

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Permanent Termination of Parental Custody By Reason of Permanent Neglect
• Art. 6: Permanent Termination of Parental Rights, Adoption, Guardianship and Custody

Text

§ 633. Suspended judgment. (a) Rules of court shall define permissible\nterms and conditions of a suspended judgment. These terms and conditions\nshall relate to the acts or omissions of the parent or other person\nresponsible for the care of the child.\n (b) The maximum duration of a suspended judgment under this section is\none year, unless the court finds at the conclusion of that period that\nexceptional circumstances require an extension of that period for one\nadditional period of up to one year. Successive extensions may not be\ngranted.\n (c) The order of suspended judgment must set forth the duration, terms\nand conditions of the suspended judgment, and must contain a date\ncertain for a court review not later than thirty days prior to the\nexpiration of the period of suspended judgment. The order of suspended\njudgment must also state in conspicuous print that a failure to obey the\norder may lead to its revocation and to the issuance of an order\nterminating parental rights and committing the guardianship and custody\nof the child to an authorized agency for the purposes of adoption. A\ncopy of the order of suspended judgment, along with the current\npermanency plan, must be furnished to the respondent.\n (d) Not later than sixty days before the expiration of the period of\nsuspended judgment, the petitioner shall file a report with the family\ncourt and all parties, including the respondent and his or her attorney,\nthe child's attorney and intervenors, if any, regarding the respondent's\ncompliance with the terms of suspended judgment. The report shall be\nreviewed by the court on the scheduled court date. Unless a motion or\norder to show cause has been filed prior to the expiration of the period\nof suspended judgment alleging a violation or seeking an extension of\nthe period of the suspended judgment, the terms of the disposition of\nsuspended judgment shall be deemed satisfied and an order committing the\nguardianship and custody of the child shall not be entered.\n (e) If, prior to the expiration of the period of the suspended\njudgment, a motion or order to show cause is filed that alleges a\nviolation of the terms and conditions of the suspended judgment, or that\nseeks to extend the period of the suspended judgment for an additional\nperiod of up to one year, then the period of the suspended judgment is\ntolled until entry of the order that disposes of the motion or order to\nshow cause.\n (f) Upon finding that the respondent has violated the terms and\nconditions of the order of suspended judgment, the court may enter an\norder revoking the order of suspended judgment and terminating the\nparental rights of the respondent or, where such extension is in the\nbest interests of the child, extend the period of suspended judgment for\nan additional period of up to one year, if no prior extension has been\ngranted.\n (g) If an order of suspended judgment has been satisfied or has been\nextended, but the child nonetheless remains in foster care pursuant to a\nplacement under article ten of this act or section three hundred\nfifty-eight-a of the social services law, a permanency hearing shall be\ncompleted as previously scheduled pursuant to section one thousand\neighty-nine of this act, but no later than six months after the\ncompletion of the last permanency hearing. If guardianship and custody\nof the child have been transferred to the authorized agency upon an\norder revoking the order of suspended judgment, a permanency hearing\nshall be completed pursuant to paragraph one of subdivision (a) of\nsection one thousand eighty-nine of this act immediately following, but\nin no event later than sixty days after, the earlier of the court's\nstatement of its order on the record or issuance of its written order.\n