Fill and Sign the Justia Application to Restore Case Adjourned Court Forms

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 ORDERYears of Age alleged to be (Adjournment“Abused “Neglected by in Contemplation of Dismissal) Respondent(s) _______________________________The petition of under Article 10 of the Family Court Act, sworn toon 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 ofRespondent(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 withoutadmission, 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 thisproceeding be adjourned in contemplation of dismissal; Form 10-8 Page 2Now, therefore, upon the motion of “ this Court “ Petitioner, it is hereby ORDERED that the petition herein is adjourned in contemplation of dismissal until [specifydate]: , upon the following terms and conditions with a view toultimate dismissal of the petition in furtherance of justice [specify]:; and it is furtherORDERED 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 laterthan 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 progressreport need not be made; and it is furtherORDERED that, if the proceeding has not been restored to the calendar and if no applicationfor restoration is pending as of the expiration date of this order and if this order has not beenextended, 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 familyand any actions contemplated, if any, by the agency with respect to the child and family; and it isfurther ORDERED that, if the proceeding has not been restored to the calendar and if no applicationfor restoration is pending as of the expiration date of this order and if this order has not beenextended, the petition shall be deemed dismissed in furtherance of justice; and it is further“ORDERED that.ENTER_____________________________________Dated: Judge of the Family Court. PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDERMUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OFCOURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPONTHE 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]:_____________________