New York § 636 Originating a proceeding to restore parental rights; service and venue

New York Statutes

§ 636 — Originating a proceeding to restore parental rights; service and venue

New York § 636

Law FCTFamily Court Act

Part 1-AModification of Disposition; Restoration of Parental Rights

Art. 6Permanent Termination of Parental Rights, Adoption, Guardianship and Custody

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Bluebook

N.Y. Family Court Act § 636 (2026).

Text

§ 636. Originating a proceeding to restore parental rights; service\nand venue.

(a)A proceeding to modify the disposition in order to\nrestore parental rights may be originated by the filing of a petition by\nthe child's attorney, by the agency or individual to whom guardianship\nand custody of the child had been committed or by the respondent or\nrespondents in the termination of parental rights proceeding. The\npetition shall be served upon the child's attorney, the agency or\nindividual to whom guardianship and custody of the child had been\ncommitted and the respondent or respondents in the termination of\nparental rights proceeding, as well as the attorney or attorneys who\nrepresented the respondent or respondents in the termination of parental\nrights proceeding. A certified copy

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§ 636. Originating a proceeding to restore parental rights; service\nand venue. (a) A proceeding to modify the disposition in order to\nrestore parental rights may be originated by the filing of a petition by\nthe child's attorney, by the agency or individual to whom guardianship\nand custody of the child had been committed or by the respondent or\nrespondents in the termination of parental rights proceeding. The\npetition shall be served upon the child's attorney, the agency or\nindividual to whom guardianship and custody of the child had been\ncommitted and the respondent or respondents in the termination of\nparental rights proceeding, as well as the attorney or attorneys who\nrepresented the respondent or respondents in the termination of parental\nrights proceeding. A certified copy of the order committing guardianship\nand custody shall be attached to the petition.\n (b) Upon the filing of a petition under this part, the court may cause\na summons to be issued to the child, the agency or individual to whom\nguardianship and custody of the child had been committed and the\nrespondent or respondents in the termination of parental rights\nproceeding. The summons shall be served in accordance with section six\nhundred seventeen of this article, accompanied by a copy of the petition\nand the certified order of commitment sought to be modified.\n (c) The petition shall be filed before the court that exercised\njurisdiction over the most recent permanency proceeding involving the\nchild and shall be assigned, wherever practicable, to the family court\njudge who presided over that proceeding or the proceeding to terminate\nparental rights.\n (d) Wherever practicable, the child shall be represented by the same\nattorney that represented the child in the most recent permanency\nproceeding and the parent or parents shall be represented by the same\nattorney or attorneys who represented the parent or parents in the\ntermination of parental rights proceeding. Where this is not\npracticable, or where the court grants a request by the attorney or\nattorneys to be relieved, the court shall immediately assign a new\nattorney or attorneys, as applicable.\n