§ 1028 — Application to return child temporarily removed

New York § 1028

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 2: Temporary Removal and Preliminary Orders
• Art. 10: Child Protective Proceedings

Text

§ 1028. Application to return child temporarily removed. (a) Upon the\napplication of the parent or other person legally responsible for the\ncare of a child temporarily removed under this part or upon the\napplication of the child's attorney for an order returning the child,\nthe court shall hold a hearing to determine whether the child should be\nreturned (i) unless there has been a hearing pursuant to section one\nthousand twenty-seven of this article on the removal of the child at\nwhich the parent or other person legally responsible for the child's\ncare was present and had the opportunity to be represented by counsel,\nor (ii) upon good cause shown. Except for good cause shown, such hearing\nshall be held within three court days of the application and shall not\nbe adjourned. Upon such hearing, the court shall grant the application,\nunless it finds that the return presents an imminent risk to the child's\nlife or health. If a parent or other person legally responsible for the\ncare of a child waives his or her right to a hearing under this section,\nthe court shall advise such person at that time that, notwithstanding\nsuch waiver, an application under this section may be made at any time\nduring the pendency of the proceedings.\n (b) In determining whether temporary removal of the child is necessary\nto avoid imminent risk to the child's life or health, the court shall\nconsider and determine in its order whether continuation in the child's\nhome would be contrary to the best interests of the child and where\nappropriate, whether reasonable efforts were made prior to the date of\nthe hearing to prevent or eliminate the need for removal of the child\nfrom the home and where appropriate, whether reasonable efforts were\nmade after removal of the child to make it possible for the child to\nsafely return home.\n (c) If the court determines that reasonable efforts to prevent or\neliminate the need for removal of the child from the home were not made\nbut that the lack of such efforts was appropriate under the\ncircumstances, the court order shall include such a finding.\n (d) If the court determines that reasonable efforts to prevent or\neliminate the need for removal of the child from the home were not made\nbut that such efforts were appropriate under the circumstances, the\ncourt shall order the child protective agency to provide or arrange for\nthe provision of appropriate services or assistance to the child and the\nchild's family pursuant to section one thousand fifteen-a or as\nenumerated in subdivision (c) of section one thousand twenty-two of this\narticle, notwithstanding the fact that a petition has been filed.\n (e) The court may issue a temporary order of protection pursuant to\nsection ten hundred twenty-nine of this article as an alternative to or\nin conjunction with any other order or disposition authorized under this\nsection.\n (f) The court shall also consider and determine whether imminent risk\nto the child would be eliminated by the issuance of a temporary order of\nprotection, pursuant to section ten hundred twenty-nine of this article,\ndirecting the removal of a person or persons from the child's residence.\n