§ 756 — Placement

New York § 756

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Orders
• Art. 7: Proceedings Concerning Whether a Person Is In Need of Supervision

Text

§ 756. Placement. (a) For purposes of section seven hundred\nfifty-four, the court may: (i) place the child in its own home; (ii)\norder the child be placed in the custody of a suitable relative or other\nsuitable private person; or (iii) order the child be placed in the\ncustody of a commissioner of social services.\n (b) Where the child is placed with the commissioner of the local\nsocial services district: (i) (A) the child may be placed by the social\nservices district into a foster boarding home; or (B) if the court finds\nthat the respondent is a sexually exploited child as defined in\nsubdivision one of section four hundred forty-seven-a of the social\nservices law, an available long-term safe house; or (ii) the court may\ndirect the commissioner to: place the child with an authorized agency or\nclass of authorized agencies.\n (c) Provided, however, that a placement shall not be ordered pursuant\nto paragraph (iii) of subdivision (a) of this section:\n (i) In instances where the only finding made against the respondent is\nthat they meet the definition of a person in need of supervision\npursuant to paragraph (i) of subdivision (a) of section seven hundred\ntwelve of this article; or\n (ii) Unless the court finds and states in its written order that the\nplacement of the respondent is:\n (1) in the best interest of the respondent; and\n (2) that it would be contrary to the welfare of the respondent to\ncontinue in their own home.\n (d) Unless the dispositional order provides otherwise, the court so\ndirecting shall include one of the following alternatives to apply in\nthe event that the commissioner is unable to so place the child:\n (i) the commissioner shall apply to the court for an order to stay,\nmodify, set aside, or vacate such directive pursuant to the provisions\nof section seven hundred sixty-two or seven hundred sixty-three; or\n (ii) the commissioner shall return the child to the family court for a\nnew dispositional hearing and order.\n (e) Placements under paragraph (iii) of subdivision (a) of this\nsection may be for an initial period of no greater than sixty days. The\ncourt may extend a placement pursuant to section seven hundred\nfifty-six-a. In its discretion, the court may recommend restitution or\nrequire services for public good pursuant to section seven hundred\nfifty-eight-a in conjunction with an order of placement.\n