§ 1093 — Originating proceedings

New York § 1093

• Jurisdiction: New York
• Law FCT: Family Court Act
• Art. 10-C: Destitute Children

Text

§ 1093. Originating proceedings. (a) Filing of the petition. Only a\ncommissioner of social services may originate a proceeding under this\narticle. A proceeding under this article may be originated by the filing\nof a petition alleging that the child is a destitute child as defined by\nsection one thousand ninety-two of this article. A commissioner of\nsocial services, who accepts the care and custody of a child appearing\nto be a destitute child, shall provide for such child as authorized by\nlaw, including but not limited to section three hundred ninety-eight of\nthe social services law, and shall file a petition pursuant to this\nsection within fourteen days upon accepting the care and custody of such\nchild.\n (b) Venue. A petition under this article shall be filed in the family\ncourt located in the county where the child resides or is found;\nprovided however, that upon the motion of any party or the attorney for\nthe child, the court may transfer a petition filed under this article to\na county the court deems to be more appropriate under the circumstances,\nincluding, but not limited to, a county located within a jurisdiction\nwhere the child is domiciled or has another significant nexus.\n (c) Contents of the petition. (1) The petition shall allege upon\ninformation and belief:\n (i) the manner, date and circumstance under which the child became\nknown to the petitioner;\n (ii) the child's date of birth, if known;\n (iii) that the child is a destitute child as defined in subdivision\n(a) of section one thousand ninety-two of this article and the basis for\nthe allegation;\n (iv) the identity of the parent or parents of the child in question,\nif known;\n (v) whether the parent or parents of the child are living or deceased,\nif known;\n (vi) the whereabouts and last known address for the parent or parents,\nif known;\n (vii) the identity of a caretaker or interested adult, if known;\n (viii) the efforts, if any, which were made prior to the filing of the\npetition to prevent any removal of the child from the home and if such\nefforts were not made, the reasons such efforts were not made; and\n (ix) the efforts, if any, which were made prior to the filing of the\npetition to allow the child to return or remain safely home, and if such\nefforts were not made, the reasons such efforts were not made.\n (2) The petition shall contain a notice in conspicuous print providing\nthat if the child remains in foster care for fifteen of the most recent\ntwenty-two months, the agency may be required by law to file a petition\nto terminate parental rights.\n (d) Service of summons. (1) Upon the filing of a petition under this\narticle, if a living parent, caretaker or interested adult is identified\nin the petition, the court shall cause a copy of the petition and a\nsummons to be issued the same day the petition is filed, requiring such\nparent, caretaker or interested adult to appear in court on the return\ndate to answer the petition. If the court deems a person a party to the\nproceeding pursuant to subdivision (c) of section one thousand\nninety-four of this article and if such person is not before the court,\nthe court shall cause a copy of the petition and a summons requiring\nsuch person to appear in court on the return date be served on such\nperson.\n (2) Service of a summons and petition under this article shall be made\nby delivery of a true copy thereof to the person summoned at least\ntwenty-four hours before the time stated therein for appearance.\n (3) The court may send process without the state in the same manner\nand with the same effect as process sent within the state in the\nexercise of personal jurisdiction over any person subject to the\njurisdiction of the court under section three hundred one or three\nhundred two of the civil practice law and rules, notwithstanding that\nsuch person is not a resident or domiciliary of the state. Where service\nis effected outside of the state of New York on a parent, caretaker,\ninterested adult or person made a party to the proceeding pursuant to\nsubdivision (c) of section one thousand ninety-four of this article and\nsuch person defaults by failing to appear to answer the petition, the\ncourt may on its own motion, or upon application of any party or the\nattorney for the child proceed to a hearing pursuant to section one\nthousand ninety-five of this article.\n (4) If after reasonable effort, personal service is not made, the\ncourt may at any stage in the proceedings make an order providing for\nsubstituted service in the manner provided for substituted service in\ncivil process in courts of record.\n