New York § 1040 Notice and right to be heard

New York Statutes

§ 1040 — Notice and right to be heard

New York § 1040

Law FCTFamily Court Act

Part 3Preliminary Procedure

Art. 10Child Protective Proceedings

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Bluebook

N.Y. Family Court Act § 1040 (2026).

Text

  § 1040. Notice and right to be heard. The foster parent caring for the\nchild or any pre-adoptive parent or relative providing care for the\nchild shall be provided with notice of any permanency hearing held\npursuant to this article by the social services official. Such foster\nparent, pre-adoptive parent or relative shall have the right to be heard\nat any such hearing; provided, however, no such foster parent,\npre-adoptive parent or relative shall be construed to be a party to the\nhearing solely on the basis of such notice and right to be heard. The\nfailure of the foster parent, pre-adoptive parent, or relative caring\nfor the child to appear at a permanency hearing shall constitute a\nwaiver of the right to be heard and such failure to appear shall not\ncause a delay of the perman

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§ 1040. Notice and right to be heard. The foster parent caring for the\nchild or any pre-adoptive parent or relative providing care for the\nchild shall be provided with notice of any permanency hearing held\npursuant to this article by the social services official. Such foster\nparent, pre-adoptive parent or relative shall have the right to be heard\nat any such hearing; provided, however, no such foster parent,\npre-adoptive parent or relative shall be construed to be a party to the\nhearing solely on the basis of such notice and right to be heard. The\nfailure of the foster parent, pre-adoptive parent, or relative caring\nfor the child to appear at a permanency hearing shall constitute a\nwaiver of the right to be heard and such failure to appear shall not\ncause a delay of the permanency hearing nor shall such failure to appear\nbe a ground for the invalidation of any order issued by the court\npursuant to this section.\n