N.Y. Comp. Codes R. & Regs. tit. 18 § 432.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 432.11 - Adjournments in contemplation of dismissal

(a) A social services official, when acting as the petitioner in a child abuse and neglect proceeding which is commenced pursuant to article 10 of the Family Court Act, shall not consent to an order which adjourns such proceeding in contemplation of dismissal if the official determines that such an adjournment would not be in the best interests of the child because the provision of protective services to the child and family during the term of the adjournment would not help to alleviate the circumstances which resulted in the alleged abuse or neglect of the child.

(b) The factors to be considered in making the determination not to consent to an adjournment in accordance with subdivision (a) of this section because the adjournment would not be in the best interests of the child shall include, but not be limited to:

(1) whether the terms of an order which will adjourn a child protective proceeding in contemplation of dismissal will include requirements that the child's parent(s) or guardian(s) avail themselves of rehabilitative services and/or refrain from the types of conduct which relate to the alleged abusive or neglectful behavior that necessitated the filing of a child protective petition;

(2) whether the evidence which a child protective service could introduce in a child protective proceeding to prove that the respondent in such proceeding abused or neglected a child will be available at a subsequent fact-finding hearing which would be held in the event that the conditions of the order issued in contemplation of dismissal in a child protective proceeding were violated;

(3) the seriousness of the alleged incidents of child abuse or neglect;

(4) the likelihood that the child will be abused or neglected after the issuance of an order which adjourns a child protective proceeding in contemplation of dismissal;

(5) the amount of cooperation which the respondent in a child abuse and neglect proceeding is willing to provide to the child protective service to help alleviate the circumstances which resulted in the alleged abuse or neglect of the child; and

(6) whether the terms of an order which will adjourn a child protective proceeding in contemplation of dismissal can be made sufficiently clear so that compliance with its provisions may be adequately monitored by a child protective service.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 432.11