N.Y. Family Court Act § 749: Adjournment after fact-finding hearing or during dispositional hearing

§ 749. Adjournment after fact-finding hearing or during dispositional

hearing. (a) (i) Upon or after a fact-finding hearing, the court may,

upon its own motion or upon a motion of a party to the proceeding, 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, upon such permissible terms and conditions as the

rules of court shall define, the court must release the individual.

(ii) The court may, as a condition of an adjournment in contemplation

of dismissal order: (A) 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 section 19.25 of the mental hygiene law; or (B)

in cases where the record indicates that cyberbullying or sexting was

the basis of the petition, require an eligible person to complete an

education reform program in accordance with section four hundred

fifty-eight-l of the social services law.

(iii) Upon application of the petitioner, 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 proceeding is not so

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

been dismissed by the court in furtherance of justice.

(b) On its own motion, the court may adjourn the proceedings on

conclusion of a fact-finding hearing or during a dispositional hearing

to enable it to make inquiry into the surroundings, conditions and

capacities of the respondent. An adjournment on the court's motion may

not be for a period of more than ten days if the respondent is in

pre-dispositional placement, in which case not more than a total of two

such adjournments may be granted in the absence of special

circumstances. If the respondent is not in pre-dispostional placement,

an adjournment may be for a reasonable time, but the total number of

adjourned days may not exceed two months.

(c) On motion on behalf of the respondent or by his parent or other

person legally responsible for his care, the court may adjourn the

proceedings on conclusion of a fact finding hearing or during a

dispositional hearing for a reasonable period of time.