Uniform Rules § 205.24

Terms and conditions of order adjourning a proceeding in contemplation of dismissal in accordance with section 315.3 of the Family Court Act

(a) An order adjourning a proceeding in contemplation of dismissal pursuant to section 315.3 of the Family Court Act shall be related to the alleged or adjudicated acts or omissions of respondent and shall contain at least one of the following terms and conditions directing the respondent to:

(1) attend school regularly and obey all rules and regulations of the school;

(2) obey all reasonable commands of the parent or other person legally responsible for respondent's care;

(3) avoid injurious or vicious activities;

(4) abstain from associating with named individuals;

(5) abstain from visiting designated places;

(6) abstain from the use of alcoholic beverages, hallucinogenic drugs, habit-forming drugs not lawfully prescribed for the respondent's use, or any other harmful or dangerous substance;

(7) cooperate with a mental health, social services or other appropriate community facility or agency to which the respondent is referred;

(8) restore property taken from the complainant or victim, or replace property taken from the complainant or victim, the cost of said replacement not to exceed $1,500;

(9) repair any damage to, or defacement of, the property of the complainant or victim, the cost of said repair not to exceed $1,500;

(10) cooperate in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment or counseling services and permit an agency delivering that service to furnish the court with information concerning the diagnosis, treatment or counseling;

(11) attend and complete an alcohol awareness program established pursuant to section 19.25 of the Mental Hygiene Law;

(12) abstain from disruptive behavior in the home and in the community;

(13) abstain from any act which, if done by an adult, would be an offense; and

(14) comply with such other reasonable terms and conditions as may be permitted by law and 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 Office of Children and Family Services.

(b) An order adjourning a proceeding in contemplation of dismissal pursuant to section 315.3 of the Family Court Act may direct that the probation service supervise respondent's compliance with the terms and conditions of said order, and may set a time or times at which the probation service shall report to the court, orally or in writing, concerning compliance with the terms and conditions of said order.

(c) A copy of the order setting forth the terms and conditions imposed, and the duration thereof, shall be furnished to the respondent and to the parent or other person legally responsible for the respondent.

Official sourcehttps://www.nycourts.gov/rules/part-205-uniform-rules-family-court

In plain English

An adjournment in contemplation of dismissal order must relate to the acts and contain at least one listed condition: attend school, obey parent, avoid injurious activities, avoid named people/places, abstain from alcohol/drugs, cooperate with services, restore/replace property (≤ $1,500) or repair damage (≤ $1,500) ★, accept treatment, complete an alcohol-awareness program (MHL § 19.25), etc. Probation may supervise; a copy goes to respondent and parent.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.