§ 1088 — Continuing court jurisdiction

New York § 1088

• Jurisdiction: New York
• Law FCT: Family Court Act
• Art. 10-A: Permanency Hearings For Children Placed Out of Their Homes

Text

§ 1088. Continuing court jurisdiction. (a) If a child is placed\npursuant to section three hundred fifty-eight-a, three hundred\neighty-four, or three hundred eighty-four-a of the social services law,\nor pursuant to section one thousand seventeen, one thousand twenty-two,\none thousand twenty-seven, one thousand fifty-two, one thousand\neighty-nine, one thousand ninety-one, one thousand ninety-four or one\nthousand ninety-five of this act, or directly placed with a relative\npursuant to section one thousand seventeen or one thousand fifty-five of\nthis act; or if the child is freed for adoption pursuant to section six\nhundred thirty-one of this act or section three hundred eighty-three-c,\nthree hundred eighty-four or three hundred eighty-four-b of the social\nservices law, the case shall remain on the court's calendar and the\ncourt shall maintain jurisdiction over the case until the child is\ndischarged from placement and all orders regarding supervision,\nprotection or services have expired.\n (b) The court shall rehear the matter whenever it deems necessary or\ndesirable, or upon motion by any party entitled to notice in proceedings\nunder this article, or by the attorney for the child, and whenever a\npermanency hearing is required by this article. While the court\nmaintains jurisdiction over the case, the provisions of section one\nthousand thirty-eight of this act shall continue to apply.\n (c) The court shall also maintain jurisdiction over a case for\npurposes of hearing a motion to permit a former foster care youth, as\ndefined in article ten-B of this act, to return to the custody of the\nsocial services district from which the youth was most recently\ndischarged or, in the case of a youth previously placed with the office\nof children and family services for placement, to be placed in the\ncustody of the social services district of the child's residence or, in\nthe case of a child freed for adoption, the authorized agency into whose\ncustody and guardianship the child has been placed.\n (d) (i) Subject to the provisions of paragraph (ii) of this\nsubdivision, the court shall also maintain jurisdiction over a case for\npurposes of hearing a motion brought by a former foster care youth, as\ndefined in article ten-B of this act, or by a young adult who left\nfoster care upon or after attaining the age of twenty-one, for contempt\npursuant to section seven hundred fifty-three of the judiciary law,\nagainst a social services district and/or social services official, as\ndefined in section two of the social services law. In addition to any\nother defense, it shall be an affirmative defense to a motion filed in\naccordance with this paragraph that compliance with the court order was\nnot possible due solely to the youth's refusal to consent to\ncontinuation of foster care placement where such refusal is documented\nin a signed, notarized letter executed by the youth after consultation\nwith their attorney for the child.\n (ii) The court shall maintain jurisdiction over a motion described in\nparagraph (i) of this subdivision if such motion is filed before the\nformer foster care youth or young adult attains the age of twenty-three.\nThe court's jurisdiction over any such motion shall continue until such\nmotion and any related appeals are finally resolved.\n (iii) If the youth is eligible to return to foster care pursuant to\nthe provisions of article ten-B of this act, upon the consent of the\nyouth, the court may convert a motion brought under this subdivision to\na motion to return the youth to foster care.\n