N.Y. Family Court Act § 315.3: Adjournment in contemplation of dismissal

§ 315.3. Adjournment in contemplation of dismissal. 1. Except where

the petition alleges that the respondent has committed a designated

felony act, the court may at any time prior to the entering of a finding

under section 352.1 and with the consent of the respondent order that

the proceeding be "adjourned in contemplation of dismissal". An

adjournment in contemplation of dismissal is an adjournment of the

proceeding, for a period not to exceed six months, with a view to

ultimate dismissal of the petition in furtherance of justice. Upon

issuing such an order, providing such terms and conditions as the court

deems appropriate, the court must release the respondent. The court may,

as a condition of an adjournment in contemplation of dismissal order, in

cases where the record indicates that the consumption of alcohol may

have been a contributing factor, require the respondent to attend and

complete an alcohol awareness program established pursuant to of

subdivision (a) of section 19.07 of the mental hygiene law. The court

may, as a condition of an adjournment in contemplation of dismissal

order, in cases where the record indicates that the respondent is an

eligible person as defined in section four hundred fifty-eight-l of the

social services law and has allegedly committed an eligible offense as

defined in such section, direct the respondent to attend and complete an

education reform program established pursuant to section four hundred

fifty-eight-l of the social services law. Upon ex parte motion by the

presentment agency, or upon the court's own motion, made at the time the

order is issued or at any time during its duration, the court may

restore the matter to the calendar. If the proceeding is not restored,

the petition is, at the expiration of the order, deemed to have been

dismissed by the court in furtherance of justice.

2. Rules of court shall define the permissible terms and conditions

which may be included in an order that the proceeding be adjourned in

contemplation of dismissal; such permissible terms and conditions may

include supervision by the probation service, a requirement that the

respondent cooperate with a mental health, social services or other

appropriate community facility or agency to which the respondent may be

referred and a requirement that the respondent comply with such other

reasonable conditions as the court shall determine to be necessary or

appropriate to ameliorate the conduct which gave rise to the filing of

the petition or to prevent placement with the commissioner of social

services or the division for youth.

3. An order adjourning a petition in contemplation of dismissal may be

issued upon motion of the presentment agency, the court itself, or the

respondent. Upon issuing such an order, the court must set forth its

reasons therefor upon the record.

4. Where an order of fact-finding that includes solely a violation as

defined in subdivision three of section 10.00 of the penal law committed

by a juvenile sixteen years of age or, commencing on October first, two

thousand nineteen, seventeen years of age, has been entered pursuant to

section 345.1 of this article, there shall be a rebuttable presumption

that the court shall adjourn the case in contemplation of dismissal

pursuant to this section, refer the case to the probation service for

adjustment services pursuant to section 320.6 of this article or dismiss

the case pursuant to subdivision two of section 352.1 of this article.