Adjournment after fact-finding hearing or during dispositional hearing

§ 749. Adjournment after fact-finding hearing or during dispositional
hearing. (a) (i) Upon or after a fact-finding hearing, the court may,
upon its own motion or upon a motion of a party to the proceeding, order
that the proceeding be "adjourned in contemplation of dismissal". An
adjournment in contemplation of dismissal is an adjournment of the
proceeding, for a period not to exceed six months with a view to
ultimate dismissal of the petition in furtherance of justice. Upon
issuing such an order, upon such permissible terms and conditions as the
rules of court shall define, the court must release the individual.

(ii) The court may, as a condition of an adjournment in contemplation
of dismissal order: (A) in cases where the record indicates that the
consumption of alcohol may have been a contributing factor, require the
respondent to attend and complete an alcohol awareness program
established pursuant to section 19.25 of the mental hygiene law; or (B)
in cases where the record indicates that cyberbullying or sexting was
the basis of the petition, require an eligible person to complete an
education reform program in accordance with section four hundred
fifty-eight-l of the social services law.

(iii) Upon application of the petitioner, or upon the court's own
motion, made at any time during the duration of the order, the court may
restore the matter to the calendar. If the proceeding is not so
restored, the petition is at the expiration of the order, deemed to have
been dismissed by the court in furtherance of justice.

(b) On its own motion, the court may adjourn the proceedings on
conclusion of a fact-finding hearing or during a dispositional hearing
to enable it to make inquiry into the surroundings, conditions and
capacities of the respondent. An adjournment on the court's motion may
not be for a period of more than ten days if the respondent is in
pre-dispositional placement, in which case not more than a total of two
such adjournments may be granted in the absence of special
circumstances. If the respondent is not in pre-dispostional placement,
an adjournment may be for a reasonable time, but the total number of
adjourned days may not exceed two months.

(c) On motion on behalf of the respondent or by his parent or other
person legally responsible for his care, the court may adjourn the
proceedings on conclusion of a fact finding hearing or during a
dispositional hearing for a reasonable period of time.