I read with interest the recent article entitled Making a Case for Change: Why ACDs Should Become a Dispositional Alternative in Family Offense Proceedings. I share the author’s plug for an amendment of Article 8 of the Family Court Act to include ACDs as a dispositional alternative. Nevertheless, I was surprised to see that the article did not mention a dispositional alternative that meets many of the same goals as an ACD: the suspended judgment. Indeed, unlike an ACD (which would take an amendment of the statute), the suspended judgment is hidden within the plain sight of the statute: FCA section 841(b).

This section expressly allows for a “suspended judgment for a period not in excess of six months.” Moreover, the Uniform Rules for the Family Court (22 N.Y.C.R.R. section 205.74(a)) expand upon the terms and conditions of the suspended judgment, many of which would be the same or similar conditions as would (presumably) exist with an ACD.

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