§ 1039-B — Termination of reasonable efforts

New York § 1039-B

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

Text

§ 1039-b. Termination of reasonable efforts. (a) In conjunction with,\nor at any time subsequent to, the filing of a petition under section ten\nhundred thirty-one of this chapter, the social services official may\nfile a motion upon notice requesting a finding that reasonable efforts\nto return the child to his or her home are no longer required.\n (b) For the purpose of this section, reasonable efforts to make it\npossible for the child to return safely to his or her home shall not be\nrequired where the court determines that:\n (1) the parent of such child has subjected the child to aggravated\ncircumstances, as defined in subdivision (j) of section ten hundred\ntwelve of this article;\n (2) the parent of such child has been convicted of (i) murder in the\nfirst degree as defined in section 125.27 or murder in the second degree\nas defined in section 125.25 of the penal law and the victim was another\nchild of the parent; or (ii) manslaughter in the first degree as defined\nin section 125.20 or manslaughter in the second degree as defined in\nsection 125.15 of the penal law and the victim was another child of the\nparent, provided, however, that the parent must have acted voluntarily\nin committing such crime;\n (3) the parent of such child has been convicted of an attempt to\ncommit any of the foregoing crimes, and the victim or intended victim\nwas the child or another child of the parent; or has been convicted of\ncriminal solicitation as defined in article one hundred, conspiracy as\ndefined in article one hundred five or criminal facilitation as defined\nin article one hundred fifteen of the penal law for conspiring,\nsoliciting or facilitating any of the foregoing crimes, and the victim\nor intended victim was the child or another child of the parent;\n (4) the parent of such child has been convicted of assault in the\nsecond degree as defined in section 120.05, assault in the first degree\nas defined in section 120.10 or aggravated assault upon a person less\nthan eleven years old as defined in section 120.12 of the penal law, and\nthe commission of one of the foregoing crimes resulted in serious\nphysical injury to the child or another child of the parent;\n (5) the parent of such child has been convicted in any other\njurisdiction of an offense which includes all of the essential elements\nof any crime specified in paragraph two, three or four of this\nsubdivision, and the victim of such offense was the child or another\nchild of the parent; or\n (6) the parental rights of the parent to a sibling of such child have\nbeen involuntarily terminated;\nunless the court determines that providing reasonable efforts would be\nin the best interests of the child, not contrary to the health and\nsafety of the child, and would likely result in the reunification of the\nparent and the child in the foreseeable future. The court shall state\nsuch findings in its order.\n (c) If the court determines that reasonable efforts are not required\nbecause of one of the grounds set forth above, a permanency hearing\nshall be held within thirty days of the finding of the court that such\nefforts are not required. At the permanency hearing, the court shall\ndetermine the appropriateness of the permanency plan prepared by the\nsocial services official which shall include whether or when the child:\n(i) will be returned to the parent; (ii) should be placed for adoption\nwith the social services official filing a petition for termination of\nparental rights; (iii) should be referred for legal guardianship; (iv)\nshould be placed permanently with a fit and willing relative; or (v)\nshould be placed in another planned permanent living arrangement with a\nsignificant connection to an adult willing to be a permanency resource\nfor the child if the child is age sixteen or older and if the\nrequirements of clause (E) of subparagraph (i) of paragraph two of\nsubdivision (d) of section one thousand eighty-nine of this chapter have\nbeen met. The social services official shall thereafter make reasonable\nefforts to place the child in a timely manner, including consideration\nof appropriate in-state and out-of-state placements, and to complete\nwhatever steps are necessary to finalize the permanent placement of the\nchild as set forth in the permanency plan approved by the court. If\nreasonable efforts are determined by the court not to be required\nbecause of one of the grounds set forth in this paragraph, the social\nservices official may file a petition for termination of parental rights\nin accordance with section three hundred eighty-four-b of the social\nservices law.\n (d) For the purpose of this section, in determining reasonable effort\nto be made with respect to a child, and in making such reasonable\nefforts, the child's health and safety shall be the paramount concern;\nand\n (e) For the purpose of this section, a sibling shall include a\nhalf-sibling.\n