§ 1054 — Release to non-respondent parent or legal custodian or guardian

New York § 1054

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Orders
• Art. 10: Child Protective Proceedings

Text

§ 1054. Release to non-respondent parent or legal custodian or\nguardian. (a) An order of disposition may release the child for a\ndesignated period of up to one year to a non-respondent parent or\nparents or a person or persons who had been the child's legal custodian\nor guardian at the time of the filing of the petition, and who is not or\nare not respondents in the proceeding under this article. An order under\nthis section may be extended upon a hearing for a period of up to one\nyear for good cause.\n (b) The court may require the person or persons to whom the child is\nreleased under this section to submit to the jurisdiction of the court\nwith respect to the child for the period of the disposition or an\nextension thereof. The order may include, but is not limited to, a\ndirection for such person or persons to cooperate in making the child\navailable for court-ordered visitation with respondents, siblings and\nothers and for appointments with and visits by the child protective\nagency, including visits in the home and in-person contact with the\nchild protective agency, social services official or duly authorized\nagency, and for appointments with the child's attorney, clinician or\nother individual or program providing services to the child. The order\nshall set forth the terms and conditions applicable to such\nnon-respondent and child protective agency, social services official and\nduly authorized agency with respect to the child.\n (c) In conjunction with an order releasing the child to a\nnon-respondent parent, legal custodian or guardian under this\nsubdivision, the court may also issue any or all of the following\norders: an order of supervision of a respondent parent under section one\nthousand fifty-seven, an order directing that services be provided to\nthe respondent parent under section one thousand fifteen-a or an order\nof protection under section one thousand fifty-six of this article. An\norder of supervision of the respondent entered under this subdivision\nmay be extended upon a hearing for a period of up to one year for good\ncause.\n (d) Except as provided for herein, in any order issued pursuant to\nthis section, the court may require the child protective agency to make\nprogress reports to the court, the parties, and the child's attorney on\nthe implementation of such order. Where the order of disposition is\nissued upon the consent of the parties and the child's attorney, such\nagency shall report to the court, the parties and the child's attorney\nno later than ninety days after the issuance of the order and no later\nthan sixty days prior to the expiration of the order, unless the court\ndetermines that the facts and circumstances of the case do not require\nsuch report to be made.\n