F.C.A.§ 315.3 Form 3-9 (Juvenile Delinquency ­ 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 ,. PRESENT : Hon. Judge __________________________________ In the Matter of A Person Alleged to be a Juvenile Delinquent, Docket No. ORDER OF ADJOURNMENT IN CONTEMPLATION OF DISMISSAL Respondent. __________________________________ The [check applicable box]: G petition of under Article 3 of the Family Court Act, sworn to on [specify]: , having been filed in this Court on [specify]: G order of removal pursuant to Article 725 of the Criminal Procedure Law, deemed to be a petition in accordance with section 311.1 of the Family Court Act, having been filed with this Court on [specify]: , alleging that the above named Respondent is a juvenile delinquent and Notice having been given pursuant to section 312.1 or 312.2 of the Family Court Act to Respondent and [check applicable box(es)]: GRespondent's parent (s) G person legally responsible for the Respondent's care; and Respondent and Respondent's attorney having appeared and Respondent having consented to the entry of this order adjourning this case in contemplation of dismissal; and [Check box if applicable]: G Respondent having voluntarily, intelligently and knowingly admitted in open court that (s)he [specify]: [Check box if applicable]: G This Court, after hearing the proof and testimony offered in relation to the case, finds beyond a reasonable doubt that the Respondent did the following act (s): American LegalNet, Inc. www.FormsWorkFlow.com Form 3-9 Page 2 And this Court having determined that the petition should be adjourned in contemplation of dismissal in furtherance of justice; NOW, upon motion of the GCourt GRespondent GPresentment Agency, it is ORDERED, that the petition is adjourned in contemplation of dismissal, until [specify date]: , , upon the following terms and conditions1 with a view to ultimate dismissal of the petition in furtherance of justice: ; and it is further ORDERED that the probation service shall [check applicable box(es)]: Gsupervise Respondent's compliance with the terms and conditions of this order Greport to the court Gorally Gin writing on [specify date]: and every [specify time period]: thereafter concerning Respondent's 2 compliance with the terms and conditions of this order; and it is further ORDERED that [specify]: 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. ENTER _________________________________ Judge of the Family Court Dated: , . Check applicable box: 9 Order mailed on [specify date(s) and to whom mailed ]:___________________________ 9 Order received in court on [specify date(s) and to whom given]:_____________________ 1 See Appendix A. See FCA §315.3 and 22 NYCRR 205.24 American LegalNet, Inc. www.FormsWorkFlow.com 2 Form 3-9 Page 3 APPENDIX A PERMISSIBLE TERMS AND CONDITIONS OF ORDER ADJOURNING A PROCEEDING IN CONTEMPLATION OF DISMISSAL (22 NYCRR 205.24) 1. 2. attend school regularly and obey all rules and regulations of the school; obey all reasonable commands of the parent or other person legally responsible for the respondent's care; avoid injurious or vicious activities; abstain from associating with named individuals; abstain from visiting designated places; abstain from the use of alcoholic beverages, hallucinogenic drugs, habit-forming drugs not lawfully prescribed for the respondent's use, or any other harmful or dangerous substance; cooperate with a mental health or other appropriate community facility to which the respondent is referred; restore property taken from the complainant or victim or replace property taken from the complainant or victim, the cost of said replacement not to exceed $l,500. repair any damage to, or defacement of, the property of the complainant or victim, the cost of said repair not to exceed $l,500; cooperate in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment or counseling services and permit an agency delivering that service to furnish the court with information concerning the diagnosis, treatment or counseling; abstain from disruptive behavior in the home and in the community; abstain from any act which if done by an adult would be an offense; comply with such other reasonable terms and conditions as may be permitted by law and as the court shall determine to be necessary or/appropriate to ameliorate the conduct which gave rise to the filing of the petition. 3. 4. 5. 6. 7. 8. 9. l0. 11. 12. 13. American LegalNet, Inc. www.FormsWorkFlow.com