N.Y. Family Court Act § 633: 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 child's attorney 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 as previously scheduled pursuant to section one thousand

eighty-nine of this act, but no later than six months after the

completion of the last permanency hearing. 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.