§ 1031 — Originating proceeding to determine abuse or neglect

New York § 1031

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Preliminary Procedure
• Art. 10: Child Protective Proceedings

Text

§ 1031. Originating proceeding to determine abuse or neglect. (a) A\nproceeding under this article is originated by the filing of a petition\nin which facts sufficient to establish that a child is an abused or\nneglected child under this article are alleged.\n (b) Allegations of abuse and neglect may be contained in the same\npetition. Where more than one child is the legal responsibility of the\nrespondent, it may be alleged in the same petition that one or more\nchildren are abused children, or that one or more children are neglected\nchildren, or both.\n (c) On its own motion and at any time in the proceedings, the court\nmay substitute for a petition to determine abuse a petition to determine\nneglect if the facts established are not sufficient to make a finding of\nabuse, as defined by this article.\n (d) A proceeding under this article may be originated by a child\nprotective agency pursuant to section one thousand thirty-two,\nnotwithstanding that the child is in the care and custody of such\nagency. In such event, the petition shall allege facts sufficient to\nestablish that the return of the child to the care and custody of his\nparent or other person legally responsible for his care would place the\nchild in imminent danger of becoming an abused or neglected child.\n (e) In any case where a child has been removed prior to the filing of\na petition, the petition alleging abuse or neglect of said child shall\nstate the date and time of the removal, the circumstances necessitating\nsuch removal, whether the removal occurred pursuant to section ten\nhundred twenty-one, ten hundred twenty-two or ten hundred twenty-four of\nthis act, and if the removal occurred without court order, the reason\nthere was not sufficient time to obtain a court order pursuant to\nsection ten hundred twenty-two of this act.\n (f) A petition alleging abuse shall contain a notice in conspicuous\nprint that a fact-finding that a child is severely or repeatedly abused\nas defined in subdivision eight of section three hundred eighty-four-b\nof the social services law, by clear and convincing evidence, could\nconstitute a basis to terminate parental rights in a proceeding pursuant\nto section three hundred eighty-four-b of the social services law.\n (g) Where a petition under this article contains an allegation of a\nfailure by the respondent to provide education to the child in\naccordance with article sixty-five of the education law, regardless of\nwhether such allegation is the sole allegation of the petition, the\npetition shall recite the efforts undertaken by the petitioner and the\nschool district or local educational agency to remediate such alleged\nfailure prior to the filing of the petition and the grounds for\nconcluding that the education-related allegations could not be resolved\nabsent the filing of a petition under this article.\n