§ 1035 — Issuance of summons; notice to certain interested persons and intervention

New York § 1035

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

Text

§ 1035. Issuance of summons; notice to certain interested persons and\nintervention.\n (a) On the filing of a petition under this article where the child has\nbeen removed from his or her home, unless a warrant is issued pursuant\nto section one thousand thirty-seven of this part, the court shall cause\na copy of the petition and a summons to be issued the same day the\npetition is filed, clearly marked on the face thereof "Child Abuse\nCase", as applicable, requiring the parent or other person legally\nresponsible for the child's care or with whom he or she had been\nresiding to appear at the court within three court days to answer the\npetition, unless a shorter time for a hearing to occur is prescribed in\npart two of this article.\n (b) In a proceeding to determine abuse or neglect, the summons shall\ncontain a statement in conspicuous print informing the respondent that:\n (i) the proceeding may lead to the filing of a petition under the\nsocial services law for the termination of respondent's parental rights\nand commitment of guardianship and custody of the child for the purpose\nof adoption; and\n (ii) if the child is placed and remains in foster care for fifteen of\nthe most recent twenty-two months, the agency may be required by law to\nfile a petition for termination of respondent's parental rights and\ncommitment of guardianship and custody of the child for the purposes of\nadoption.\n (c) On the filing of a petition under this article where the child has\nnot been removed from his or her home, the court shall forthwith cause a\ncopy of the petition and a summons to be issued, clearly marked on the\nface thereof "Child Abuse Case", as applicable, requiring the parent or\nother person legally responsible for the child's care or with whom the\nchild is residing to appear at the court to answer the petition within\nseven court days. The court may also require the person thus summoned to\nproduce the child at the time and place named.\n (d) Where the respondent is not the child's parent, service of the\nsummons and petition shall also be ordered on both of the child's\nparents; where only one of the child's parents is the respondent,\nservice of the summons and petition shall also be ordered on the child's\nother parent. The summons and petition shall be accompanied by a notice\nof pendency of the child protective proceeding advising the parents or\nparent of the right to appear and participate in the proceeding as an\ninterested party intervenor for the purpose of seeking temporary and\npermanent release of the child under this article or custody of the\nchild under article six of this act, and to participate thereby in all\narguments and hearings insofar as they affect the temporary release or\ncustody of the child during fact-finding proceedings, and in all phases\nof dispositional proceedings. The notice shall also advise the parent or\nparents of the right to counsel, including assigned counsel, pursuant to\nsection two hundred sixty-two of this act, and also indicate that:\n (i) upon good cause, the court may order an investigation pursuant to\nsection one thousand thirty-four of this part to determine whether a\npetition should be filed naming such parent or parents as respondents;\n (ii) if the court determines that the child must be removed from his\nor her home, the court may order an investigation to determine whether\nthe non-respondent parent or parents would be suitable custodians for\nthe child; and\n (iii) if the child is placed and remains in foster care for fifteen of\nthe most recent twenty-two months, the agency may be required by law to\nfile a petition for termination of the parental rights of the parent or\nparents and commitment of guardianship and custody of the child for the\npurposes of adoption, even if the parent or parents were not named as a\nrespondent or as respondents in the child abuse or neglect proceeding.\n (e) The summons, petition and notice of pendency of a child protective\nproceeding served on the child's non-custodial parent in accordance with\nsubdivision (d) of this section shall, if applicable, be served together\nwith a notice that the child was removed from his or her home by a\nsocial services official. Such notice shall also include the name and\naddress of the official to whom temporary custody of the child has been\ntransferred, the name and address of the agency or official with whom\nthe child has been temporarily placed, if different, and shall advise\nsuch parent of the right to request temporary and permanent custody and\nto seek enforcement of visitation rights with the child as provided for\nin part eight of this article.\n (f) The child's adult sibling, grandparent, aunt or uncle not named as\nrespondent in the petition, may, upon consent of the child's parent\nappearing in the proceeding, or where such parent has not appeared then\nwithout such consent, move to intervene in the proceeding as an\ninterested party intervenor for the purpose of seeking temporary or\npermanent custody of the child, and upon the granting of such motion\nshall be permitted to participate in all arguments and hearings insofar\nas they affect the temporary custody of the child during fact-finding\nproceedings, and in all phases of dispositional proceedings. Such\nmotions for intervention shall be liberally granted.\n (g) Where the petition filed under this article contains an allegation\nof a failure by the respondent to provide education to the child in\naccordance with article sixty-five of the education law, and where at\nany stage of the proceeding, the court determines that assistance by the\nschool district or local educational agency would aid in the resolution\nof the education-related allegation, the school district or local\neducational agency may be notified by the court and given an opportunity\nto be heard.\n