Current through Register Vol. 46, No. 39, September 25, 2024
(a) An
order suspending judgment entered pursuant to section
1052 of the
Family Court Act shall, where the child is in foster care, set forth the
visitation plan between respondent and the child and between the child and his
or her sibling or siblings, if any, and shall require the agency to notify the
respondent of case conferences. A copy of the order, along with a current
service plan, shall be furnished to the respondent. Any order suspending
judgment entered pursuant to section
1052 of the
Family Court Act shall contain at least one of the following terms and
conditions that relate to the adjudicated acts or omissions of the respondent,
directing the respondent to:
(1)
refrain from or eliminate specified acts or conditions found at the
fact-finding hearing to constitute or to have caused neglect or
abuse;
(2) provide
adequate and proper food, housing, clothing, medical care, and for the other
needs of the child;
(3) provide proper care and supervision
to the child and cooperate in obtaining, accepting or allowing medical or
psychiatric diagnosis or treatment, alcoholism or drug abuse treatment,
counseling or child guidance services for the child;
(4) take proper steps to insure
the child's regular attendance at school; and
(5) cooperate in obtaining and accepting
medical treatment, psychiatric diagnosis and treatment, alcoholism or drug
abuse treatment, employment or counseling services, or child guidance, and
permit a child protective agency to obtain information from any person or
agency from whom the respondent or the child is receiving or was directed to
receive treatment or counseling.
(b) An order pursuant to section
1054 of the
Family Court Act placing the person to whose custody the child is released
under the supervision of a child protective agency, social services officer or
duly authorized agency, or an order pursuant to section 1057 placing the
respondent under the supervision of a child protective agency, social services
official or authorized agency, shall contain at least one of the following
terms and conditions requiring the respondent to:
(1) observe any of the terms and
conditions set forth in subdivision (a) of this section;
(2) cooperate with the
supervising agency in remedying specified acts or omissions found at the
fact-finding hearing to constitute or to have caused the neglect or
abuse;
(3) meet with
the supervising agency alone and with the child when directed to do so by that
agency;
(4) report to
the supervising agency when directed to do so by that agency;
(5) cooperate with the
supervising agency in arranging for and allowing visitation in the home or
other place;
(6)
notify the supervising agency immediately of any change of residence or
employment of the respondent or of the child; or
(7) do or refrain from doing any
other specified act of omission or commission that, in the judgment of the
court, is necessary to protect the child from injury or mistreatment and to
help safeguard the physical, mental and emotional well-being of the
child.
(c)
When an order is made pursuant to section
1054 or
1057 of the
Family Court Act:
(1) the court
shall notify the supervising agency in writing of its designation to act and
shall furnish to that agency a copy of the order setting forth the terms and
conditions imposed;
(2) the order shall be accompanied by a
written statement informing the respondent that a willful failure to obey the
terms and conditions imposed may result in commitment to jail for a term not to
exceed six months; and
(3) the court may, if it concludes that
it is necessary for the protection of the child, direct the supervising agency
to furnish a written report to the court at stated intervals not to exceed six
months, setting forth whether, and to what extent:
(i) there has been any alteration in the
respondent's maintenance of the child that is adversely affecting the child's
health or well-being;
(ii) there is compliance with the terms
and conditions of the order of supervision; and
(iii) the supervising agency has
furnished supporting services to the respondent.
(d) A copy of the
order, setting forth its duration and the terms and conditions imposed, shall
be furnished to the respondent.
(e) If an order of supervision is issued
in conjunction with an order of placement pursuant to section
1055 of the
Family Court Act, the order shall, unless otherwise ordered by the court, be
coextensive in duration with the order of placement and shall extend until the
completion of the permanency hearing. The order of supervision shall be
reviewed along with the placement at the permanency hearing.
