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


Latest version.
  • (a) 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. The
      court may,  as  a  condition  of  an  adjournment  in  contemplation  of
      dismissal   order,   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 paragraph six-a of subdivision  (a)  of  section
      19.07 of the mental hygiene law.  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 detained,
      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 detained, 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.