F. C. A.§ 749 (a) Form 7-6 (Person in Need of Supervision-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 A Person Alleged to be a Person In Need of Supervision, Docket No. ORDER OF ADJOURNMENT IN CONTEMPLATION OF DISMISSAL Respondent. ____________________________________ under Article 7 of the Family Court Act sworn to on , , having been filed in this Court alleging that the above-named Respondent is a person in need of supervision; and Notice having been duly given to Respondent and (parent) (custodian) pursuant to section 741 of the Family Court Act; and Respondent (having appeared by counsel) (and of Respondent (not) having appeared) before this Court to answer said petition; and (Respondent having voluntarily, intelligently and knowingly admitted in open court that (s) he _______________________________________________________________________________ _______________________________________________________________________________ __________________________________________________________________________, and the 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): ________________________________________________________________________________ __________________________________________________________________________, and that the petition should be adjourned in contemplation of dismissal in the furtherance of justice;) (Respondent having denied the allegations of the petition, the Court, upon all papers filed and proceedings had herein, finds that the petition should be adjourned in contemplation of dismissal in the furtherance of justice;) (Respondent having denied the allegations of the petition and the matter having duly come on for a The petition of American LegalNet, Inc. www.FormsWorkFlow.com Form 7-6 Page 2 fact-finding hearing before this Court, the 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) : ________________________________________________________________________________ __________________________________________________________________________, and that the petition should be adjourned in contemplation of dismissal in the furtherance of justice;) NOW, upon motion of the (Court) (Respondent) (Petitioner), it is [Delete inapplicable provisions]: ORDERED, that the petition herein be and the same hereby is adjourned in contemplation of dismissal until , , upon the following terms and conditions with a view to ultimate dismissal of the petition in the furtherance of justice: _______________________________________________________________________________ _______________________________________________________________________________ ________________________________________________________; (and it is further) (ORDERED that the probation service shall report to the court (orally) (in writing) on the day of and every thereafter concerning respondent's compliance with the terms and conditions of the order); (and it is further) (ORDERED _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ ___________________________________________________________________________). 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: 9 Order mailed on [specify date(s) and to whom mailed ]:___________________________ 9 Order received in court on [specify date(s) and to whom given]:_____________________ ENTER ____________________________________ J.F.C. Dated: , 19 . American LegalNet, Inc. www.FormsWorkFlow.com Form 7-6 Page 3 APPENDIX A PERMISSIBLE TERMS AND CONDITIONS OF ORDER ADJOURNING A PROCEEDING IN CONTEMPLATION OF DISMISSAL (22 NYCRR 205.65) 1. attend school regularly and obey all rules and regulations of the school; 2. obey all reasonable commands of the parent or other person legally responsible for the respondent's care; 3. avoid injurious or vicious activities; 4. abstain from associating with named individuals; 5. abstain from visiting designated places; 6. 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; 7. cooperate with a mental health or other appropriate community facility to which the respondent is referred; 8. restore property taken from the petitioner, complainant, or victim, or replace property taken from the petitioner, complainant or victim, the cost of said replacement not to exceed $1,500; 9. repair any damage to, or defacement of, the property of the petitioner, complainant or victim, the cost of said repair not to exceed $1,500; 10. 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; 11. abstain from disruptive behavior in the home and in the community; 12. 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. 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