| What follows is a brief overview of an ACD in the | | | | If the terms and conditions of the ACD are not |
| context of an Abuse or Neglect proceeding brought | | | | complied with, the agency prosecuting the matter |
| against a parent or person legally responsible for a | | | | may move to "violate" the ACD. At that point, the |
| child by a child protective agency pursuant to Article | | | | Respondent is entitled to a hearing to dispute the |
| 10 of the Family Court Act. | | | | allegations that the terms of the ACD were violated. |
| ACD stands for Adjournment in Contemplation of | | | | If the court finds that the ACD was violated, the |
| Dismissal. An ACD is a means through which a | | | | court does not automatically enter a finding of Abuse |
| Family Court Abuse or Neglect proceeding may be | | | | or Neglect against the Respondent, rather the matter |
| disposed of. Where an ACD is entered, the matter | | | | reverts to the stage at which the ACD was entered |
| is adjourned for a period of time (typically 6 months | | | | and may still be settled or proceed to trial. An ACD is |
| to 1 year). Certain terms and conditions are set forth | | | | viewed by many practitioners as the best possible |
| that the accused (Respondent) must comply with | | | | disposition an abuse or neglect proceeding, short of a |
| during that period. Those terms may include that the | | | | straight dismissal or withdrawal of the matter. |
| accused not commit any further acts of abuse or | | | | Additionally, this disposition is sometimes favored |
| neglect, comply with recommended services such as | | | | over expending the significant time and expense that |
| parenting skills classes, substance abuse treatment, | | | | can be involved in obtaining a dismissal after trial. |
| anger management, counseling, etc., and comply with | | | | |
| supervision by social services or another authorized | | | | THIS ARTICLE IS NOT LEGAL ADVICE. It is |
| agency. If those terms and conditions are complied | | | | provided for informational purposes only. Actual legal |
| with, when the ACD period expires the case is | | | | advice can only be provided after consultation by an |
| dismissed. No finding of wrongdoing is made where | | | | attorney licensed in your jurisdiction. Answering this |
| an ACD is entered. | | | | question does not create an attorney-client |
| Typically an ACD is available where the subject | | | | relationship or otherwise require further consultation. |
| children have not been removed from the care of | | | | It is strongly recommended to consult with an |
| the accused, have been returned or in some cases | | | | experienced attorney who is familiar with the facts |
| where return of the child is almost certain to occur | | | | and circumstances of the case before considering |
| prior to the expiration of the ACD period. | | | | any plea agreement. Attorney Advertising. |