§ 1089 — Permanency hearings

New York § 1089

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

Text

§ 1089. Permanency hearings. (a) Scheduling, commencement and\ncompletion of permanency hearings. (1) Children freed for adoption. (i)\nAt the conclusion of the dispositional hearing at which the child was\nfreed for adoption in a proceeding pursuant to section three hundred\neighty-three-c, three hundred eighty-four or three hundred eighty-four-b\nof the social services law, the court shall set a date certain for the\ninitial freed child permanency hearing and advise all parties in court\nof the date set, except for the respondent or respondents. The\npermanency hearing shall be commenced no later than thirty days after\nthe hearing at which the child was freed and shall be completed within\nthirty days, unless the court determines to hold the permanency hearing\nimmediately upon completion of the hearing at which the child was freed,\nprovided adequate notice has been given.\n (ii) At the conclusion of the hearing pursuant to section one thousand\nninety-one of this act where the court has granted the motion for a\nformer foster care youth who was discharged from foster care due to a\nfailure to consent to continuation of placement to return to the custody\nof the local commissioner of social services or other officer, board or\ndepartment authorized to receive children as public charges, the court\nshall set a date certain for a permanency hearing and advise all parties\nin court of the date set. The permanency hearing shall be commenced no\nlater than thirty days after the hearing at which the former foster care\nyouth was returned to foster care.\n (2) All other permanency hearings. At the conclusion of the hearing\npursuant to section one thousand twenty-two, one thousand twenty-seven,\none thousand fifty-two, one thousand eighty-nine, one thousand\nninety-one, one thousand ninety-four or one thousand ninety-five of this\nact at which the child was remanded or placed and upon the court's\napproval of a voluntary placement instrument pursuant to section three\nhundred fifty-eight-a of the social services law, the court shall set a\ndate certain for an initial permanency hearing, advise all parties in\ncourt of the date set and include the date in the order. Orders issued\nin subsequent court hearings prior to the permanency hearing, including,\nbut not limited to, the order of placement issued pursuant to section\none thousand fifty-five of this act, shall include the date certain for\nthe permanency hearing. The initial permanency hearing shall be\ncommenced no later than six months from the date which is sixty days\nafter the child was removed from his or her home; provided, however,\nthat if a sibling or half-sibling of the child has previously been\nremoved from the home and has a permanency hearing date certain\nscheduled within the next eight months, the permanency hearing for each\nchild subsequently removed from the home shall be scheduled on the same\ndate certain that has been set for the first child removed from the\nhome, unless such sibling or half-sibling has been removed from the home\npursuant to article three or seven of this act. The permanency hearing\nshall be completed within thirty days of the scheduled date certain.\n (3) Subsequent permanency hearings for a child who continues in\nout-of-home placement or who is freed for adoption shall be scheduled\nfor a date certain which shall be no later than six months from the\ncompletion of the previous permanency hearing and such subsequent\npermanency hearings shall be completed within thirty days of the date\ncertain set for such hearings.\n (b) Notice of permanency hearings. (1) No later than fourteen days\nbefore the date certain for a permanency hearing scheduled pursuant to\nthis section, the local social services district shall serve the notice\nof the permanency hearing and the permanency hearing report by regular\nmail upon:\n (i) the child's parent, including any non-respondent parent, unless\nthe parental rights of the parent have been terminated or surrendered\nand any other person legally responsible for the child's care at the\nmost recent address or addresses known to the local social services\ndistrict or agency, and the foster parent in whose home the child\ncurrently resides, each of whom shall be a party to the proceeding;\n (ii) the agency supervising the care of the child on behalf of the\nsocial services district with whom the child was placed, the child's\nattorney, and the attorney for the respondent parent; and\n (iii) the attorney for the child.\n (1-a) If the child is age ten or older, no later than fourteen days\nbefore the date certain for a permanency hearing scheduled pursuant to\nthis section, the local social services district shall serve the notice\nof the permanency hearing by regular mail upon the child. Nothing herein\nshall be deemed to prevent an attorney for the child from consulting\nwith the child about the child's participation in the permanency hearing\nas required by section one thousand ninety-a of this article prior to\nthe service of the notice required pursuant to this paragraph.\n (2) The notice and the permanency hearing report shall also be\nprovided to any pre-adoptive parent or relative providing care for the\nchild and shall be submitted to the court. The notice of the permanency\nhearing only shall be provided to a former foster parent in whose home\nthe child previously had resided for a continuous period of twelve\nmonths in foster care, if any, unless the court, on motion of any party\nor on its own motion, dispenses with such notice on the basis that such\nnotice would not be in the child's best interests. However, such\npre-adoptive parent, relative, or former foster parent, on the basis of\nsuch notice, shall have the right to be heard but shall not be a party\nto the permanency hearing. The failure of such pre-adoptive parent,\nrelative or former foster parent to appear at a permanency hearing shall\nconstitute a waiver of the right to be heard. Such failure to appear\nshall not cause a delay of the permanency hearing nor be a ground for\nthe invalidation of any order issued by the court pursuant to this\nsection.\n (c) Content of the permanency hearing report. The permanency hearing\nreport shall include, but need not be limited to, up-to-date and\naccurate information regarding:\n (1) the child's current permanency goal, which may be:\n (i) return to the parent or parents;\n (ii) placement for adoption with the local social services official\nfiling a petition for termination of parental rights;\n (iii) referral for legal guardianship;\n (iv) permanent placement with a fit and willing relative; or\n (v) placement in another planned permanent living arrangement that\nincludes a significant connection to an adult who is willing to be a\npermanency resource for the child if the child is age sixteen or older,\nincluding documentation of: (A) intensive, ongoing, and, as of the date\nof the hearing, unsuccessful efforts to return the child home or secure\na placement for the child with a fit and willing relative including\nadult siblings, a legal guardian, or an adoptive parent, including\nthrough efforts that utilize search technology including social media to\nfind biological family members for children, (B) the steps being taken\nto ensure that (I) the child's foster family home or child care facility\nis following the reasonable and prudent parent standard in accordance\nwith the guidance provided by the United States department of health and\nhuman services, and (II) the child has regular, ongoing opportunities to\nengage in age or developmentally appropriate activities including by\nconsulting with the child in an age-appropriate manner about the\nopportunities of the child to participate in activities, and (C) the\ncompelling reasons for determining that it continues to not be in the\nbest interests of the child to be returned home, placed for adoption,\nplaced with a legal guardian, or placed with a fit and willing relative;\n (2) the health, well-being, and status of the child since the last\nhearing including:\n (i) a description of the child's health and well-being;\n (ii) information regarding the child's current placement;\n (iii) an update on the educational and other progress the child has\nmade since the last hearing including a description of the steps that\nhave been taken by the local social services district or agency to\nenable prompt delivery of appropriate educational and vocational\nservices to the child, including, but not be limited to:\n (A) where the child is subject to article sixty-five of the education\nlaw or elects to participate in an educational program leading to a high\nschool diploma, the steps that the local social services district or\nagency has taken to promptly enable the child to be enrolled or to\ncontinue enrollment in an appropriate school or educational program\nleading to a high school diploma;\n (B) where the child is eligible to be enrolled in a pre-kindergarten\nprogram pursuant to section thirty-six hundred two-e of the education\nlaw, the steps that the local social services district or agency has\ntaken to promptly enable the child to be enrolled in an appropriate\npre-kindergarten program, if available;\n (C) where the child is under three years of age and is involved in an\nindicated case of child abuse or neglect, or where the local social\nservices district suspects that the child may have a disability as\ndefined in subdivision five of section twenty-five hundred forty-one of\nthe public health law or if the child has been found eligible to receive\nearly intervention or special educational services prior to or during\nthe foster care placement, in accordance with title two-A of article\ntwenty-five of the public health law or article eighty-nine of the\neducation law, the steps that the local social services district or\nagency has taken to make any necessary referrals of the child for early\nintervention, pre-school special educational or special educational\nevaluations or services, as appropriate, and any available information\nregarding any evaluations and services which are being provided or are\nscheduled to be provided in accordance with applicable law; and\n (D) where the child is at least sixteen and not subject to article\nsixty-five of the education law and elects not to participate in an\neducational program leading to a high school diploma, the steps that the\nlocal social services district has taken to assist the child to become\ngainfully employed or enrolled in a vocational program;\n (iv) a description of the visitation plan or plans describing the\npersons with whom the child visits, including any siblings, and the\nfrequency, duration and quality of the visits;\n (v) where a child has attained the age of fourteen, a description of\nthe services and assistance that are being provided to enable the child\nto learn independent living skills; and\n (vi) a description of any other services being provided to the child;\n (3) the status of the parent, including:\n (i) the services that have been offered to the parent to enable the\nchild to safely return home;\n (ii) the steps the parent has taken to use the services;\n (iii) any barriers encountered to the delivery of such services;\n (iv) the progress the parent has made toward reunification; and\n (v) a description of any other steps the parent has taken to comply\nwith and achieve the permanency plan, if applicable.\n (4) a description of the reasonable efforts to achieve the child's\npermanency plan that have been taken by the local social services\ndistrict or agency since the last hearing. The description shall\ninclude:\n (i) unless the child is freed for adoption or there has been a\ndetermination by a court that such efforts are not required pursuant to\nsection one thousand thirty-nine-b of this act, the reasonable efforts\nthat have been made by the local social services district or agency to\neliminate the need for placement of the child and to enable the child to\nsafely return home, including a description of any services that have\nbeen provided;\n (ii) where the permanency plan is adoption, guardianship, placement\nwith a fit and willing relative or another planned permanent living\narrangement other than return to parent, the reasonable efforts that\nhave been made by the local social services district or agency to make\nand finalize such alternate permanent placement, including a description\nof any services that have been provided and a description of the\nconsideration of appropriate in-state and out-of-state placements;\n (iii) where return home of the child is not likely, the reasonable\nefforts that have been made by the local social services district or\nagency to evaluate and plan for another permanent plan, including\nconsideration of appropriate in-state and out-of-state placements, and\nany steps taken to further a permanent plan other than return to the\nchild's parent; or\n (iv) where a child has been freed for adoption, a description of the\nreasonable efforts that will be taken to facilitate the adoption of the\nchild; and\n (5) the recommended permanency plan including:\n (i) a recommendation regarding whether the child's current permanency\ngoal should be continued or modified, the reasons therefor, and the\nanticipated date for meeting the goal;\n (ii) a recommendation regarding whether the child's placement should\nbe extended and the reasons for the recommendation;\n (iii) any proposed changes in the child's current placement, trial\ndischarge or discharge that may occur before the next permanency\nhearing;\n (iv) a description of the steps that will be taken by the local social\nservices district or agency to continue to enable prompt delivery of\nappropriate educational and vocational services to the child in his or\nher current placement and during any potential change in the child's\nfoster care placement, during any trial discharge, and after discharge\nof the child in accordance with the plans for the child's placement\nuntil the next permanency hearing;\n (v) whether any modification to the visitation plan or plans is\nrecommended and the reasons therefor;\n (vi) where a child has attained the age of fourteen or will attain the\nage of fourteen before the next permanency hearing, a description of the\nservices and assistance that will be provided to enable the child to\nlearn independent living skills;\n (vii) where a child has been placed outside this state, whether the\nout-of-state placement continues to be appropriate, necessary and in the\nbest interests of the child;\n (viii) where return home of the child is not likely, the efforts that\nwill be made to evaluate or plan for another permanent plan, including\nconsideration of appropriate in-state and out-of-state placements; and\n (ix) in the case of a child who has been freed for adoption:\n (A) a description of services and assistance that will be provided to\nthe child and the prospective adoptive parent to expedite the adoption\nof the child;\n (B) information regarding the child's eligibility for adoption subsidy\npursuant to title nine of article six of the social services law; and\n (C) if the child is over age fourteen and has voluntarily withheld his\nor her consent to an adoption, the facts and circumstances regarding the\nchild's decision to withhold consent and the reasons therefor; and\n (6) Where the child remains placed in a qualified residential\ntreatment program, as defined in section four hundred nine-h of the\nsocial services law, the commissioner of the social services district\nwith legal custody of the child shall submit evidence at the permanency\nhearing with respect to the child:\n (i) demonstrating that ongoing assessment of the strengths and needs\nof the child continues to support the determination that the needs of\nthe child cannot be met through placement in a foster family home, that\nthe placement in a qualified residential treatment program provides the\nmost effective and appropriate level of care for the child in the least\nrestrictive environment, and that the placement is consistent with the\nshort-term and long-term goals for the child, as specified in the\nchild's permanency plan;\n (ii) documenting the specific treatment or service needs that will be\nmet for the child in the placement and the length of time the child is\nexpected to need the treatment or services; and\n (iii) documenting the efforts made by the local social services\ndistrict to prepare the child to return home, or to be placed with a fit\nand willing relative, legal guardian or adoptive parent, or in a foster\nfamily home.\n (d) Evidence, court findings and order. The provisions of subdivisions\n(a) and (c) of section one thousand forty-six of this act shall apply to\nall proceedings under this article. The permanency hearing shall include\nan age appropriate consultation with the child; provided, however that\nif the child is age sixteen or older and the requested permanency plan\nfor the child is placement in another planned permanent living\narrangement with a significant connection to an adult willing to be a\npermanency resource for the child, the court must ask the child about\nthe desired permanency outcome for the child. At the conclusion of each\npermanency hearing, the court shall, upon the proof adduced, and in\naccordance with the best interests and safety of the child, including\nwhether the child would be at risk of abuse or neglect if returned to\nthe parent or other person legally responsible, determine and issue its\nfindings, and enter an order of disposition in writing:\n (1) directing that the placement of the child be terminated and the\nchild returned to the parent or other person legally responsible for the\nchild's care with such further orders as the court deems appropriate; or\n (2) where the child is not returned to the parent or other person\nlegally responsible:\n (i) whether the permanency goal for the child should be approved or\nmodified and the anticipated date for achieving the goal. The permanency\ngoal may be determined to be:\n (A) return to parent;\n (B) placement for adoption with the local social services official\nfiling a petition for termination of parental rights;\n (C) referral for legal guardianship;\n (D) permanent placement with a fit and willing relative; or\n (E) placement in another planned permanent living arrangement that\nincludes a significant connection to an adult willing to be a permanency\nresource for the child if the child is age sixteen or older and the\ncourt has determined that as of the date of the permanency hearing,\nanother planned permanency living arrangement with a significant\nconnection to an adult willing to be a permanency resource for the child\nis the best permanency plan for the child and there are compelling\nreasons for determining that it continues to not be in the best\ninterests of the child to return home, be referred for termination of\nparental rights and placed for adoption, placed with a fit and willing\nrelative, or placed with a legal guardian;\n (ii) placing the child in the custody of a fit and willing relative or\nother suitable person, or continuing the placement of the child until\nthe completion of the next permanency hearing, provided, however, that\nno placement may be continued under this section beyond the child's\neighteenth birthday without his or her consent and in no event past the\nchild's twenty-first birthday; provided, however, that a former foster\nyouth who was previously discharged from foster care due to a failure to\nconsent to continuation of placement may be returned to the custody of\nthe local commissioner of social services or other officer, board or\ndepartment authorized to receive children as public charges if the court\nhas granted the motion of the former foster care youth or local social\nservices official upon a finding that the youth has no reasonable\nalternative to foster care and has consented to enrollment in and\nattendance at a vocational or educational program in accordance with\nsection one thousand ninety-one of this act;\n (iii) determining whether reasonable efforts have been made to\neffectuate the child's permanency plan as follows:\n (A) unless the child is freed for adoption or there has been a\ndetermination by a court that such efforts are not required pursuant to\nsection one thousand thirty-nine-b of this act, whether reasonable\nefforts have been made to eliminate the need for placement of the child\nand to enable the child to safely return home;\n (B) where the permanency plan is adoption, guardianship, placement\nwith a fit and willing relative or another planned permanent living\narrangement other than return to parent, whether reasonable efforts have\nbeen made to make and finalize such alternate permanent placement,\nincluding consideration of appropriate in-state and out-of-state\nplacements;\n (iv) where return home of the child is not likely, what efforts should\nbe made to evaluate or plan for another permanent plan, including\nconsideration of appropriate in-state and out-of-state placements;\n (v) the steps that must be taken by the local social services official\nor agency to implement the educational and vocational program components\nof the permanency hearing report submitted pursuant to subdivision (c)\nof this section, and any modifications that should be made to such plan;\n (vi) specifying the date certain for the next scheduled permanency\nhearing;\n (vii) where placement of the child is extended, such order shall also\ninclude:\n (A) a description of the visitation plan or plans;\n (B) where the child is not freed for adoption, a direction that the\nchild's parent or parents, including any non-respondent parent or other\nperson legally responsible for the child's care shall be notified of the\nplanning conference or conferences to be held pursuant to subdivision\nthree of section four hundred nine-e of the social services law and\nnotification of their right to attend such conference or conferences and\ntheir right to have counsel or another representative with them;\n (C) where the child is not freed for adoption, a direction that the\nparent or other person legally responsible for the child's care keep the\nlocal social services district or agency apprised of his or her current\nwhereabouts and a current mailing address;\n (D) where the child is not freed for adoption, a notice that if the\nchild remains in foster care for fifteen of the most recent twenty-two\nmonths, the local social services district or agency may be required by\nlaw to file a petition to terminate parental rights;\n (E) where a child has been freed for adoption and is over age fourteen\nand has voluntarily withheld his or her consent to an adoption, the\nfacts and circumstances with regard to the child's decision to withhold\nconsent and the reasons therefor;\n (F) where a child has been placed outside of this state, whether the\nout-of-state placement continues to be appropriate, necessary and in the\nbest interests of the child;\n (G) where a child has or will before the next permanency hearing reach\nthe age of fourteen, (I) the services and assistance necessary to assist\nthe child in learning independent living skills to assist the child to\nmake the transition from foster care to successful adulthood; and (II)\nA. that the permanency plan developed for the child in foster care who\nhas attained the age of fourteen, and any revision or addition to the\nplan, shall be developed in consultation with the child and, at the\noption of the child, with up to two members of the child's permanency\nplanning team who are selected by the child and who are not a foster\nparent of, or the case worker, case planner or case manager for, the\nchild except that the local commissioner of social services with custody\nof the child may reject an individual so selected by the child if such\nlocal commissioner has good cause to believe that the individual would\nnot act in the best interests of the child, and B. that one individual\nso selected by the child may be designated to be the child's advisor\nand, as necessary, advocate, with respect to the application of the\nreasonable and prudent parent standard to the child; and\n (H) (I) a direction that the social services official or authorized\nagency charged with care and custody or guardianship and custody of the\nchild, as applicable, report any anticipated change in placement to the\ncourt and the attorneys for the parties, including the attorney for the\nchild, forthwith, but not later than one business day following either\nthe decision to change the placement or the actual date the placement\nchange occurred, whichever is sooner. Such notice shall indicate the\ndate that the placement change is anticipated to occur or the date the\nplacement change occurred, as applicable. Provided, however, if such\nnotice lists an anticipated date for the placement change, the local\nsocial services district or authorized agency shall subsequently notify\nthe court and attorneys for the parties, including the attorney for the\nchild, of the date the placement change occurred; such notice shall\noccur no later than one business day following the placement change; and\n (II) When a child whose legal custody was transferred to the\ncommissioner of a local social services district in accordance with this\nsection resides in a qualified residential treatment program as defined\nin section four hundred nine-h of the social services law and where such\nchild's initial placement or change in placement in such program\ncommenced on or after September twenty-ninth, two thousand twenty-one,\nupon receipt of notice required pursuant to item (I) of this clause and\nmotion of the local social services district, the court shall schedule a\ncourt review to make an assessment and determination of such placement\nin accordance with section three hundred ninety-three of the social\nservices law or section one thousand fifty-five-c, one thousand\nninety-one-a or one thousand ninety-seven of this chapter.\nNotwithstanding any other provision of law to the contrary, such court\nreview shall occur no later than sixty days from the date the placement\nof the child in the qualified residential treatment program commenced.\n (viii) any other findings or orders that the court deems appropriate,\nwhich may include:\n (A) Whether the court should issue any orders for services in the\nmanner specified in section one thousand fifteen-a of this act in order\nto achieve the permanency plan and, if so, what services should be\nordered.\n (B) Where a child has been freed for adoption, the order may also:\n (I) direct that such child be placed for adoption in the foster family\nhome where he or she resides or has resided or with any other suitable\nperson or persons;\n (II) direct the local social services district to provide services or\nassistance to the child and the prospective adoptive parent authorized\nor required to be made available pursuant to the comprehensive annual\nservices program plan then in effect. Such order shall include, where\nappropriate, the evaluation of eligibility for adoption subsidy pursuant\nto title nine of article six of the social services law, but shall not\nrequire the provision of such subsidy. Violation of such an order shall\nbe subject to punishment pursuant to section seven hundred fifty-three\nof the judiciary law; and\n (III) recommend that the office of children and family services\ninvestigate the facts and circumstances concerning the discharge of\nresponsibilities for the care and welfare of such child by a local\nsocial services district pursuant to section three hundred ninety-five\nof the social services law; and\n (IV) recommend that the attorney for the child, local social services\ndistrict or agency file a petition pursuant to part one-A of article six\nof this act to restore the parental rights of a child who has been freed\nfor adoption.\n * (C) Where the permanency goal is return to parent and it is\nanticipated that the child may be returned home before the next\nscheduled permanency hearing, the court may provide the local social\nservices district with authority to finally discharge the child to the\nparent without further court hearing, provided that ten days prior\nwritten notice is served upon the court and child's attorney. If the\ncourt on its own motion or the child's attorney on motion to the court\ndoes not request the matter to be brought for review before final\ndischarge, no further permanency hearings will be required. The local\nsocial services district may also discharge the child on a trial basis\nto the parent unless the court has prohibited such trial discharge or\nunless the court has conditioned such trial discharge on another event.\nFor the purposes of this section, trial discharge shall mean that the\nchild is physically returned to the parent while the child remains in\nthe care and custody of the local social services district. Permanency\nhearings shall continue to be held for any child who has returned to his\nor her parents on a trial discharge. Where the permanency goal for a\nchild aging out of foster care is another planned permanent living\narrangement that includes a significant connection to an adult willing\nto be a permanency resource for the child, the local social services\ndistrict may also discharge the child on a trial basis to the planned\npermanent living arrangements, unless the court has prohibited or\notherwise conditioned such a trial discharge. Trial discharge for a\nchild aging out of foster care shall mean that a child is physically\ndischarged but the local social services district retains care and\ncustody or custody and guardianship of the child and there remains a\ndate certain for the scheduled permanency hearing.\n * NB Sep amd; cannot be put together\n * (C) Where the permanency goal is return to parent and it is\nanticipated that the child may be returned home before the next\nscheduled permanency hearing, the court may provide the local social\nservices district with authority to finally discharge the child to the\nparent without further court hearing, provided that ten days prior\nwritten notice is served upon the court and attorney for the child. If\nthe court on its own motion or the attorney for the child on motion to\nthe court does not request the matter to be brought for review before\nfinal discharge, no further permanency hearings will be required. The\nlocal social services district may also discharge the child on a trial\nbasis to the parent unless the court has prohibited such trial discharge\nor unless the court has conditioned such trial discharge on another\nevent. For the purposes of this section, trial discharge shall mean that\nthe child is physically returned to the parent while the child remains\nin the care and custody of the local social services district.\nPermanency hearings shall continue to be held for any child who has\nreturned to his or her parents on a trial discharge. Where the\npermanency goal for a youth aging out of foster care is another planned\npermanent living arrangement that includes a significant connection to\nan adult willing to be a permanency resource for the youth, the local\nsocial services district may also discharge the youth on a trial basis\nto the planned permanent living arrangements, unless the court has\nprohibited or otherwise conditioned such a trial discharge. Trial\ndischarge for a youth aging out of foster care shall mean that the youth\nis physically discharged but the local social services district retains\ncare and custody or custody and guardianship of the child and there\nremains a date certain for the scheduled permanency hearing. Trial\ndischarge for a youth aging out of foster care may be extended at each\nscheduled permanency hearing, until the youth reaches the age of\ntwenty-one, if a youth over the age of eighteen consents to such\nextension. Prior to finally discharging a youth aging out of foster care\nto another planned permanent living arrangement, the local social\nservices official shall give the youth notice of the right to apply to\nreenter foster care within the earlier of twenty-four months of the\nfinal discharge or the youth's twenty-first birthday in accordance with\narticle ten-B of this act. Such notice shall also advise the youth that\nreentry into foster care will only be available where the former foster\ncare youth has no reasonable alternative to foster care and consents to\nenrollment in and attendance at an appropriate educational or vocational\nprogram in accordance with paragraph two of subdivision (a) of section\none thousand ninety-one of this act.\n * NB Sep amd; cannot be put together\n (C-1) Where placement will be ending prior to a subsequent permanency\nhearing due to the child attaining twenty-one years of age, the court\nmay direct the social services district and/or the social services\nofficial, as defined by section two of the social services law, to\nprovide assistance or services to such child and such orders shall be\nenforceable after such child is discharged from foster care pursuant to\nsubdivision (d) of section one thousand eighty-eight of this article.\n (D) The court may make an order of protection in the manner specified\nby section one thousand fifty-six of this act in assistance or as a\ncondition of any other order made under this section. The order of\nprotection may set forth reasonable conditions of behavior to be\nobserved for a specified period of time by a person before the court.\n (E) Where the court finds reasonable cause to believe that grounds for\ntermination of parental rights exist, the court may direct the local\nsocial services district or other agency to institute a proceeding to\nlegally free the child for adoption pursuant to section three hundred\neighty-four-b of the social services law. Upon a failure by such agency\nto institute such proceeding within ninety days after entry of such\norder, the court shall permit the foster parent or parents in whose home\nthe child resides to institute such a proceeding unless the local social\nservices district or other agency, for good cause shown and upon due\nnotice to all the parties to the proceeding, has obtained a modification\nor extension of such order, or unless the court has reasonable cause to\nbelieve that such foster parent or parents would not obtain approval of\ntheir petition to adopt the child in a subsequent adoption proceeding.\n (F) The court may make an order directing a local social services\ndistrict or agency to undertake diligent efforts to encourage and\nstrengthen the parental relationship when it finds such efforts will not\nbe detrimental to the best interests of the child and there has been no\nprior court finding that such efforts are not required. Such efforts\nshall include encouraging and facilitating visitation with the child by\nthe parent or other person legally responsible for the child's care.\nSuch order may include a specific plan of action for the local social\nservices district or agency including, but not limited to, requirements\nthat such agency assist the parent or other person legally responsible\nfor the child's care in obtaining adequate housing, employment,\ncounseling, medical care or psychiatric treatment. Such order shall also\ninclude encouraging and facilitating visitation with the child by the\nnoncustodial parent and grandparents who have the right to visitation\npursuant to section one thousand eighty-one of this act. Such order may\nalso include encouraging and facilitating regular visitation and\ncommunication with the child by the child's siblings and may incorporate\nan order, if any, issued pursuant to this section or section one\nthousand twenty-seven-a or one thousand eighty-one of this act, or\npursuant to section three hundred fifty-eight-a of the social services\nlaw or section seventy-one of the domestic relations law. For purposes\nof this section, "siblings" shall include half-siblings and those who\nwould be deemed siblings or half-siblings but for the surrender,\ntermination of parental rights or death of a parent. Nothing in this\nsubdivision shall be deemed to limit the authority of the court to make\nan order pursuant to section two hundred fifty-five of this act.\n (G) Except as provided for herein, in any order issued pursuant to\nthis section, the court may require the local social services district\nor agency to make progress reports to the court, the parties, and the\nchild's attorney on the implementation of such order.\n (H) Where a child freed for adoption has not been placed in a\nprospective adoptive home and the court has entered an order of\ndisposition directing that the child be placed for adoption or directing\nthe provision of services or assistance to the child and the agency\ncharged with the guardianship and custody of the child fails, prior to\nthe next scheduled permanency hearing, to comply with such order, the\ncourt at the time of such hearing may, in the best interests of the\nchild, enter an order committing the guardianship and custody of the\nchild to another authorized agency or may make any other order\nauthorized pursuant to section two hundred fifty-five of this act.\n (I) If the court determines that the subject child has not been placed\nwith his or her minor siblings or half-siblings who are in care, or that\nregular visitation and other forms of regular communication between the\nsubject child and his or her minor siblings or half-siblings has not\nbeen provided or arranged for, the court may direct such official to\nprovide or arrange for such placement or regular visitation and\ncommunication where the court finds that such placement or visitation\nand communication is in the child's and his or her siblings' or\nhalf-siblings' best interests. Placement or regular visitation and\ncommunication with siblings or half-siblings shall be presumptively in\nthe child's and his or her siblings' or half-siblings' best interests\nunless such placement or visitation and communication would be contrary\nto the child's or his or her siblings' or half-siblings' health, safety\nor welfare, or the lack of geographic proximity precludes or prevents\nvisitation. If a child placed in foster care pursuant to this section is\nnot placed together or afforded regular communication with his or her\nsiblings, the child, through his or her attorney or through a parent on\nhis or her behalf, may move for an order regarding placement or\ncommunication. The motion shall be served upon: the parent or parents in\nthe proceeding under this section; the local social services official\nhaving the care of the child; other persons having care, custody and\ncontrol of the child, if any; the parents or other persons having care,\ncustody and control of the siblings to be visited or with whom contact\nis sought; such sibling himself or herself if ten years of age or older;\nand such siblings' attorney, if any. Upon receipt of a motion filed\nunder this paragraph the court shall determine, after giving notice and\nan opportunity to be heard to the persons served, whether visitation and\ncontact would be in the best interests of the child and his or her\nsiblings. The court may order that the child be placed together with or\nhave regular communication with his or her siblings if the court\ndetermines it to be in the best interests of the child and his or her\nsiblings. For purposes of this section, "siblings" shall include\nhalf-siblings and those who would be deemed siblings or half-siblings\nbut for the surrender, termination of parental rights or death of a\nparent.\n (e) Service of court order and permanency hearing report. A copy of\nthe court order which includes the date certain for the next permanency\nhearing and the permanency hearing report as approved, adjusted, or\nmodified by the court, shall be given to the parent or other person\nlegally responsible for the child.\n