ARTICLE 6--PERMANENT
TERMINATION OF PARENTAL RIGHTS. ADOPTION, GUARDIANSHIP AND
CUSTODY
PART 1--PERMANENT TERMINATION OF
PARENTAL CUSTODY BY REASON OF PERMANENT NEGLECT
§ 631 . Disposition on
adjudication of permanent neglect
At the conclusion of a
dispositional hearing on a petition for the commitment of the
guardianship and custody of a child, the court shall enter an
order of disposition:
(a) dismissing the petition in
accord with section six hundred thirty-two; or
(b) suspending judgment in accord with section six hundred
thirty-three; or
(c) committing the guardianship and custody of the child in accord
with section six hundred thirty-four.
An order of disposition shall be
made, pursuant to this section, solely on the basis of the best
interests of the child. and there shall be no presumption that
such interests will be promoted by any particular
disposition.
§ 633. Suspended
judgment
(a) Rules of count 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 an additional year.
APPENDIX A
UNIFORM RULES OF THE FAMILY COURT [22 NYCRR
§205.50]
§ 205.50 Terms and
Conditions of Order in Accordance With Section 633 of the Family
Court Act or Section 384-b(8)(c) of the Social Services
Law
(a) An order suspending judgment
entered pursuant to section 631 of the Family Court Act or section
384-b(8)(c) of the Social Services Law shall be related to the
adjudicated acts or omissions of respondent and shall contain at
least one of the following terms and conditions requiring
respondent to:
(1) sustain communication
of a substantial nature with the child by letter or telephone
at stated intervals;
(2) maintain consistent contact with the child, including
visits or outings at stated intervals;
(3) participate with the authorized agency in developing and
effectuating a plan for the future of the child;
(4) cooperate with the authorized agency's court-approved plan
for encouraging and strengthening the parental
relationship;
(5) contribute toward the cost of maintaining the child if
possessed of sufficient means or able to earn such means;
(6) seek to obtain and provide proper housing for the
child;
(7) cooperate in seeking to obtain and in accepting medical or
psychiatric diagnosis or treatment, alcoholism or drug abuse
treatment, employment or family counseling or child guidance,
and permit information to be obtained by the court from any
person or agency from whom the respondent is receiving or was
directed to receive such services;
(8) satisfy such other reasonable terms and conditions as the
court shall determine to be necessary or appropriate to
ameliorate the acts or omissions which gave rise to the filing
of the petition.
(b) The order shall set forth the
duration, terms and conditions of the suspended judgment. A copy
of the order, along with a current service plan, shall be
furnished to the respondent. The order shall contain a written
statement informing the respondent that a failure to obey the
order may lead to its revocation and to the issuance of an order
for the commitment of the guardianship and custody of a child.
Where the child is in foster care, the order shall set forth the
visitation plan for the child and the respondent, as well as for
the child and his or her sibling or siblings, if any, and shall
require the agency to notify the respondent of case conferences.
The order shall further contain a determination in accordance with
subdivision 12 of section 3 84-b of the Social Services Law of the
existence of any person or persons to whom notice of an adoption
would be required pursuant to section 111-b of the Domestic
Relations Law and, if so, whether such person or persons were
given notice of the termination of parental rights proceeding and
whether such person or persons appeared.
(c) The court may set a time or times at which the respondent or
the authorized agency caring for the child shall report to the
court as to whether there is compliance with the terms and
conditions of the suspended judgment.
(d) If a respondent fails to comply with the terms and conditions
of an order suspending judgment made pursuant to Section 631 of
the Family Court Act or section 384-b(8)(c) of the Social Services
Law:
(1) a petition for the
revocation of the order may be filed;
(2) the petition shall contain a concise statement of the acts
or omissions alleged to constitute noncompliance with the
order;
(3) service of a summons and a copy of the petition shall be
made as provided for by section 617 of the F.C.A.
(4) if, after a hearing, the court is satisfied that the
allegations of the petition have been established, the court
may modify, revise or revoke the order of suspended
judgment.
(e) The court may at any time,
upon notice and opportunity to be heard to the parties, their
attorneys and the law guardian, revise, modify or enlarge the
terms and conditions of a suspended judgment previously
imposed.
Margaret A. Burt
ATTORNEY AT LAW
63 CALLINGHAM ROAD PITTSFORD, NEW YORK 14534
TEL: (585) 385-4252 FAX: (585) 385-7717
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11/07/2006
