NCJ Number
37127
Journal
Juvenile Justice Volume: 27 Issue: 3 Dated: (AUGUST 1976) Pages: 11-14
Date Published
1976
Length
4 pages
Annotation
SECTION 1039 OF THE NEW YORK FAMILY COURT ACT ATTEMPTS, USING QUASI-CONTRACTUAL ARRANGEMENT, TO EFFECT NEGOTIATED AGREEMENTS BETWEEN THE PARENTS, THE CHILD, THE SOCIAL SERVICE AGENCY, AND THE COURT IN ABUSE AND NEGLECT CASES.
Abstract
THIS LEGISLATION UTILIZES THE CONCEPT OF 'ADJOURNMENT IN CONTEMPLATION OF DISMISSAL' TO TEMPORARILY AVOID A TIME-CONSUMING AND STIGMATIZING ADJUDICATORY HEARING. THIS LEGAL MECHANISM IS AN ADJOURNMENT OF THE PROCEEDING FOR A PERIOD NOT TO EXCEED ONE YEAR WITH A VIEW TO ULTIMATE DISMISSAL OF THE PETITION IN FURTHERANCE OF JUSTICE. THE ADJOURNMENT ORDER ENTAILS A WRITTEN CONTRACT BETWEEN ALL THE PARTIES STATING VERY CLEARLY WHAT EACH PARTY IS EXPECTED TO DO FULFILL ITS OBLIGATIONS TOWARDS AGREEING ON A TREATMENT PLAN TO HELP THE PARENTS AND TO UNITE THE FAMILY. THIS NEW YORK LAW WAS ENACTED IN AN EFFORT TO BRING ACOCUNTABILITY INTO THE CHILD WELFARE LAW.