Section 633. Suspended judgment  


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  • (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 law guardian 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.