§ 1052 — Disposition on adjudication

New York § 1052

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Orders
• Art. 10: Child Protective Proceedings

Text

§ 1052. Disposition on adjudication. (a) At the conclusion of a\ndispositional hearing under this article, the court shall enter an order\nof disposition directing one or more of the following:\n (i) suspending judgment in accord with section one thousand\nfifty-three of this part; or\n (ii) releasing the child to a non-respondent parent or parents or\nlegal custodian or custodians or guardian or guardians, who is not or\nare not respondents in the proceeding, in accord with section one\nthousand fifty-four of this part; or\n (iii) placing the child in accord with section one thousand fifty-five\nof this part; or\n (iv) making an order of protection in accord with section one thousand\nfifty-six of this part; or\n (v) releasing the child to the respondent or respondents or placing\nthe respondent or respondents under supervision, or both, in accord with\nsection one thousand fifty-seven of this part; or\n (vi) granting custody of the child to a respondent parent or parents,\na relative or relatives or a suitable person or persons pursuant to\narticle six of this act and section one thousand fifty-five-b of this\npart; or\n (vii) granting custody of the child to a non-respondent parent or\nparents pursuant to article six of this act.\n However, the court shall not enter an order of disposition combining\nplacement of the child under paragraph (iii) of this subdivision with a\ndisposition under paragraph (i) or (ii) of this subdivision. An order\ngranting custody of the child pursuant to paragraph (vi) or (vii) of\nthis subdivision shall not be combined with any other disposition under\nthis subdivision.\n (b) (i) The order of the court shall state the grounds for any\ndisposition made under this section. If the court places the child in\naccord with section one thousand fifty-five of this part, the court in\nits order shall determine:\n (A) whether continuation in the child's home would be contrary to the\nbest interests of the child and where appropriate, that reasonable\nefforts were made prior to the date of the dispositional hearing held\npursuant to this article to prevent or eliminate the need for removal of\nthe child from his or her home and if the child was removed from the\nhome prior to the date of such hearing, that such removal was in the\nchild's best interests and, where appropriate, reasonable efforts were\nmade to make it possible for the child to safely return home. If the\ncourt determines that reasonable efforts to prevent or eliminate the\nneed for removal of the child from the home were not made but that the\nlack of such efforts was appropriate under the circumstances, the court\norder shall include such a finding, or if the permanency plan for the\nchild is adoption, guardianship or another permanent living arrangement\nother than reunification with the parent or parents of the child, the\ncourt order shall include a finding that reasonable efforts, including\nconsideration of appropriate in-state and out-of-state placements, are\nbeing made to make and finalize such alternate permanent placement.\n For the purpose of this section, reasonable efforts to prevent or\neliminate the need for removing the child from the home of the child or\nto make it possible for the child to return safely to the home of the\nchild shall not be required where, upon motion with notice by the social\nservices official, 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 one thousand\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 clause two, three or four of this\nsubparagraph, 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 (7) If the court determines that reasonable efforts are not to be\nrequired because of one of the grounds set forth above, a permanency\nhearing shall be held within thirty days of the finding of the court\nthat such efforts are not required. At the permanency hearing, the court\nshall determine the appropriateness of the permanency plan prepared by\nthe social services official which shall include whether or when the\nchild: (i) will be returned to the parent; (ii) should be placed for\nadoption with the social services official filing a petition for\ntermination of parental rights; (iii) should be referred for legal\nguardianship; (iv) should be placed permanently with a fit and willing\nrelative; or (v) should be placed in another planned permanent living\narrangement that includes a significant connection to an adult willing\nto be a permanency resource for the child, if the child is age sixteen\nor older and if the requirements of clause (E) of subparagraph (i) of\nparagraph two of subdivision (d) of section one thousand eighty-nine of\nthe chapter have been met. The social services official shall thereafter\nmake reasonable efforts to place the child in a timely manner, including\nconsideration of appropriate in-state and out-of-state placements, and\nto complete whatever steps are necessary to finalize the permanent\nplacement of the child as set forth in the permanency plan approved by\nthe court. If reasonable efforts are determined by the court not to be\nrequired because of one of the grounds set forth in this paragraph, the\nsocial services official may file a petition for termination of parental\nrights in accordance with section three hundred eighty-four-b of the\nsocial services law.\n For the purpose of this section, in determining reasonable effort to\nbe made with respect to a child, and in making such reasonable efforts,\nthe child's health and safety shall be the paramount concern.\n For the purpose of this section, a sibling shall include a\nhalf-sibling;\n (B) if the child has attained the age of sixteen, the services needed,\nif any, to assist the child to make the transition from foster care to\nindependent living. Where the court finds that the local department of\nsocial services has not made reasonable efforts to prevent or eliminate\nthe need for placement, and that such efforts would be appropriate, it\nshall direct the local department of social services to make such\nefforts pursuant to section one thousand fifteen-a of this article, and\nshall adjourn the hearing for a reasonable period of time for such\npurpose when the court determines that additional time is necessary and\nappropriate to make such efforts; and\n (C) whether the local social services district made a reasonable\nsearch to locate relatives of the child as required pursuant to section\none thousand seventeen of this article. In making such determination,\nthe court shall consider whether the local social services district\nengaged in a search to locate any non-respondent parent and whether the\nlocal social services district attempted to locate all of the child's\ngrandparents, all suitable relatives identified by any respondent parent\nand any non-respondent parent and all relatives identified by a child\nover the age of five as relatives who play or have played a significant\npositive role in the child's life.\n (ii) The court shall also consider and determine whether the need for\nplacement of the child would be eliminated by the issuance of an order\nof protection, as provided for in paragraph (iv) of subdivision (a) of\nthis section, directing the removal of a person or persons from the\nchild's residence. Such determination shall consider the occurrence, if\nany, of domestic violence in the child's residence.\n (c) Prior to granting an order of disposition pursuant to subdivision\n(a) of this section following an adjudication of child abuse, as defined\nin paragraph (i) of subdivision (e) of section ten hundred twelve of\nthis act or a finding of a felony sex offense as defined in sections\n130.25, 130.30, 130.35, former sections 130.40, 130.45, 130.50, sections\n130.65 and 130.70 of the penal law, the court shall advise the\nrespondent that any subsequent adjudication of child abuse, as defined\nin paragraph (i) of subdivision (e) of section one thousand twelve of\nthis act or any subsequent finding of a felony sex offense as defined in\nthose sections of the penal law herein enumerated, arising out of acts\nof the respondent may result in the commitment of the guardianship and\ncustody of the child or another child pursuant to section three hundred\neighty-four-b of the social services law. The order in such cases shall\ncontain a statement that any subsequent adjudication of child abuse or\nfinding of a felony sex offense as described herein may result in the\ncommitment of the guardianship and custody of the child, or another\nchild pursuant to section three hundred eighty-four-b of the social\nservices law.\n