Order Adjournment In Contemplation Of Dismissal {10-8}

F.C.A. §§ 1039, 1058 Form 10-8 (Order-Adjournment in Contemplation of Dismissal) 8/2010 At a term of the Family Court of the State of New York, held in and for the County of , at New York, on . P R E S E N T: Hon. Judge ______________________________ In the Matter of Docket No. CIN # (A) Child(ren) under Eighteen Years Years of Age alleged to be Abused Neglected by ORDER (Adjournment in Contemplation of Dismissal) Respondent(s) _______________________________ The petition of under Article 10 of the Family Court Act, sworn to on having been filed in this Court, alleging that [ specify child(ren)]: (is) (are) [check box(es)]: neglected abused severely abused repeatedly abused; And Petitioner, Respondent(s) and counsel for Respondent(s) and the child(ren)'s attorney(s) having appeared before this Court; And [check applicable box(es)]: The matter having duly come on for a fact-finding hearing before this Court and the Court having found on the basis of the fact-finding hearing the admission of Respondent(s) [specify]: that the Respondent(s)[specify]: committed the following act(s) [specify]: The Respondent(s)[specify]: having consented to a finding of neglect abuse severe abuse repeated abuse without admission, upon the consent of Petitioner and the attorney for the child; The matter not yet having come on for a fact-finding hearing before this Court; And Petitioner, Respondent(s) and the child(ren)'s attorney(s) having consented that this American LegalNet, Inc. proceeding be adjourned in contemplation of dismissal; www.FormsWorkFlow.com Form 10-8 Page 2 Now, therefore, upon the motion of this Court Petitioner, it is hereby ORDERED that the petition herein is adjourned in contemplation of dismissal until [specify date]: , upon the following terms and conditions with a view to ultimate dismissal of the petition in furtherance of justice [specify]: ; and it is further ORDERED that during the period of adjournment, the child shall reside in the custody of [specify parent(s)]: ORDERED that [check applicable box]: the child protective agency shall make a progress report to the court, parties, their attorneys, the non-respondent parent and the attorney for the child on the implementation of this order no later than ninety (90) days from the date of this order and shall make further reports as follows [specify]: ; under the facts and circumstances of this case a progress report need not be made; and it is further ORDERED that, if the proceeding has not been restored to the calendar and if no application for restoration is pending as of the expiration date of this order and if this order has not been extended, the child protective agency shall report to the Court, the attorney for the child, the parties, their attorneys and the non-respondent parent on the status and circumstances of the child and family and any actions contemplated, if any, by the agency with respect to the child and family; and it is further ORDERED that, if the proceeding has not been restored to the calendar and if no application for restoration is pending as of the expiration date of this order and if this order has not been extended, the petition shall be deemed dismissed in furtherance of justice; and it is further ORDERED that ENTER _____________________________________ Judge of the Family Court. . Dated: PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST. Check applicable box: Order mailed on [specify date(s) and to whom mailed ]:___________________________ Order received in court on [specify date(s) and to whom given]:_____________________ American LegalNet, Inc. www.FormsWorkFlow.com