§ 1017 — Placement of children

New York § 1017

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction
• Art. 10: Child Protective Proceedings

Text

§ 1017. Placement of children. 1. In any proceeding under this\narticle, when the court determines that a child must be removed from his\nor her home, pursuant to part two of this article, or placed, pursuant\nto section one thousand fifty-five of this article:\n (a) the court shall direct the local commissioner of social services\nto conduct an immediate investigation to locate any non-respondent\nparent of the child and any relatives of the child, including all of the\nchild's grandparents, all relatives or suitable persons identified by\nany respondent parent or any non-respondent parent and any relative\nidentified by a child over the age of five as a relative who plays or\nhas played a significant positive role in his or her life. The local\ncommissioner shall inform them in writing of the pendency of the\nproceeding and of the opportunity for non-respondent parents to seek\ntemporary release of the child under this article or custody under\narticle six of this act or for relatives to seek to become foster\nparents or to provide free care under this article or to seek custody\npursuant to article six of this act; or for suitable persons to become\nfoster parents or provide free care under this article or to seek\nguardianship pursuant to article six of this act. Uniform statewide\nrules of court shall specify the contents of the notice consistent with\nthe provisions of this section. The local commissioner of social\nservices shall report the results of such investigation, or\ninvestigations to the court and parties, including the attorney for the\nchild. The local commissioner shall also record the results of the\ninvestigation or investigations, including, but not limited to, the\nname, last known address, social security number, employer's address and\nany other identifying information to the extent known regarding any\nnon-respondent parent, in the uniform case record maintained pursuant to\nsection four hundred nine-f of the social services law. For the purpose\nof this section, "non-respondent parent" shall include a person entitled\nto notice of the pendency of the proceeding and of the right to\nintervene as an interested party pursuant to subdivision (d) of section\none thousand thirty-five of this article, and a non-custodial parent\nentitled to notice and the right to enforce visitation rights pursuant\nto subdivision (e) of section one thousand thirty-five of this article.\n (b) The court shall also direct the local commissioner of social\nservices to conduct an investigation to locate any person who is not\nrecognized to be the child's legal parent and does not have the rights\nof a legal parent under the laws of the state of New York but who (i)\nhas filed with a putative father registry an instrument acknowledging\nparentage of the child, pursuant to section 4-1.2 of the estates, powers\nand trusts law, or (ii) has a pending parentage petition, or (iii) has\nbeen identified as a parent of the child by the child's other parent in\na written sworn statement. The local commissioner of social services\nshall report the results of such investigation to the court and parties,\nincluding the attorney for the child.\n (c) The court shall determine:\n (i) whether there is a non-respondent parent, relative or suitable\nperson with whom such child may appropriately reside; and\n (ii) in the case of a relative or suitable person, whether such\nindividual seeks approval as a foster parent pursuant to the social\nservices law for the purposes of providing care for such child, or\nwishes to provide free care for the child during the pendency of any\norders pursuant to this article.\n 2. The court shall, upon receipt of the report of the investigation\nordered pursuant to subdivision one of this section:\n (a) where the court, after a review of the reports of the sex offender\nregistry established and maintained pursuant to section one hundred\nsixty-eight-b of the correction law, reports of the statewide\ncomputerized registry of orders of protection established and maintained\npursuant to section two hundred twenty-one-a of the executive law,\nrelated decisions in court proceedings under this article and all\nwarrants issued under this act, determines that the child may\nappropriately reside with a non-respondent parent or other relative or\nsuitable person, either:\n (i) grant a temporary order of custody or guardianship to such\nnon-respondent parent, relative or suitable person pursuant to a\npetition filed under article six of this act pending further order of\nthe court, or at disposition of the proceeding, grant a final order of\ncustody or guardianship to such non-respondent parent, relative or\nsuitable person pursuant to article six of this act and section one\nthousand fifty-five-b of this article; or\n (ii) temporarily release the child directly to such non-respondent\nparent or temporarily place the child with a relative or suitable person\npursuant to this article during the pendency of the proceeding or until\nfurther order of the court, whichever is earlier and conduct such other\nand further investigations as the court deems necessary. The court may\ndirect the commissioner of social services, pursuant to regulations of\nthe office of children and family services, to commence an investigation\nof the home of such non-respondent parent, relative or suitable person\nwithin twenty-four hours and to report the results to the court and the\nparties, including the attorney for the child. If the home of a\nnon-respondent parent, relative or suitable person, is found unqualified\nas appropriate for the temporary release or placement of the child under\nthis article, the local commissioner shall report such fact and the\nreasons therefor to the court and the parties, including the attorney\nfor the child, forthwith; or\n (iii) remand or place the child, as applicable, with the local\ncommissioner of social services and direct such commissioner to have the\nchild reside with such relative or suitable person and further direct\nsuch commissioner pursuant to regulations of the office of children and\nfamily services, to commence an investigation of the home of such\nrelative or other suitable person within twenty-four hours and\nthereafter approve such relative or other suitable person, if qualified,\nas a foster parent. If such home is found to be unqualified for\napproval, the local commissioner shall report such fact and the reasons\nthereafter to the court and the parties, including the attorney for the\nchild, forthwith.\n (b) where the court determines that a suitable non-respondent parent\nor other person related to the child cannot be located, remand or place\nthe child with a suitable person, pursuant to subdivision (b) of section\none thousand twenty-seven or subdivision (a) of section one thousand\nfifty-five of this article, or remand or place the child in the custody\nof the local commissioner of social services pursuant to subdivision (b)\nof section one thousand twenty-seven or subdivision (a) of section one\nthousand fifty-five of this article. The court in its discretion may\ndirect that such commissioner have the child reside in a specific\ncertified foster home where the court determines that such placement is\nin furtherance of the child's best interests.\n 3. An order temporarily releasing a child to a non-respondent parent\nor parents, or temporarily placing a child with a relative or relatives\nor other suitable person or persons pursuant to subparagraph (ii) of\nparagraph (a) of subdivision two of this section or remanding or placing\na child with a local commissioner of social services to reside with a\nrelative or relatives or suitable person or persons as foster parents\npursuant to subparagraph (iii) of paragraph (a) of subdivision two of\nthis section may not be granted unless the person or persons to whom the\nchild is released, remanded or placed submits to the jurisdiction of the\ncourt with respect to the child. The order shall set forth the terms and\nconditions applicable to such person or persons and child protective\nagency, social services official and duly authorized agency with respect\nto the child and may include, but may not be limited to, a direction for\nsuch person or persons to cooperate in making the child available for\ncourt-ordered visitation with respondents, siblings and others and for\nappointments with and visits by the child protective agency, including\nvisits in the home and in-person contact with the child protective\nagency, social services official or duly authorized agency, and for\nappointments with the child's attorney, clinician or other individual or\nprogram providing services to the child during the pendency of the\nproceeding. The court also may issue a temporary order of protection\nunder subdivision (f) of section one thousand twenty-two, section one\nthousand twenty-three or section one thousand twenty-nine of this\narticle and an order directing that services be provided pursuant to\nsection one thousand fifteen-a of this part.\n 4. Nothing in this section shall be deemed to limit, impair or\nrestrict the ability of the court to remove a child from his or her home\nas authorized by law, or the right of a party to a hearing pursuant to\nsection ten hundred twenty-eight of this article.\n 5. (a) In any case in which an order has been issued pursuant to this\narticle remanding or placing a child in the custody of the local social\nservices district, the social services official or authorized agency\ncharged with custody or care of the child shall report any anticipated\nchange in placement to the court and the attorneys for the parties,\nincluding the attorney for the child, forthwith, but not later than one\nbusiness day following either the decision to change the placement or\nthe actual date the placement change occurred, whichever is sooner. Such\nnotice shall indicate the date that the placement change is anticipated\nto occur or the date the placement change occurred, as applicable.\nProvided, however, if such notice lists an anticipated date for the\nplacement change, the local social services district or authorized\nagency shall subsequently notify the court and attorneys for the\nparties, including the attorney for the child, of the date the placement\nchange occurred; such notice shall occur no later than one business day\nfollowing the placement change.\n (b) When a child whose legal custody was transferred to the\ncommissioner of a local social services district in accordance with this\nsection resides in a qualified residential treatment program, as defined\nin section four hundred nine-h of the social services law, and where\nsuch child's initial placement or change in placement in such program\ncommenced on or after September twenty-ninth, two thousand twenty-one,\nupon receipt of notice required pursuant to paragraph (a) of this\nsubdivision and motion of the local social services district, the court\nshall schedule a court review to make an assessment and determination of\nsuch placement in accordance with section one thousand fifty-five-c of\nthis article. Notwithstanding any other provision of law to the\ncontrary, such court review shall occur no later than sixty days from\nthe date the placement of the child in the qualified residential\ntreatment program commenced.\n