§ 754 — Disposition on adjudication of person in need of supervision

New York § 754

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Orders
• Art. 7: Proceedings Concerning Whether a Person Is In Need of Supervision

Text

§ 754. Disposition on adjudication of person in need of supervision.\n1. Upon an adjudication of person in need of supervision, the court\nshall enter an order of disposition:\n (a) Discharging the respondent with warning;\n (b) Suspending judgment in accord with section seven hundred\nfifty-five;\n (c) Continuing the proceeding and placing the respondent in accord\nwith section seven hundred fifty-six; provided, however, that the court\nshall not place the respondent in accord with section seven hundred\nfifty-six where the respondent is sixteen years of age or older, unless\nthe court determines and states in its order that special circumstances\nexist to warrant such placement; or\n (d) Putting the respondent on probation in accord with section seven\nhundred fifty-seven.\n The court may order an eligible person to complete an education reform\nprogram in accordance with section four hundred fifty-eight-l of the\nsocial services law, as part of a disposition pursuant to paragraph (a),\n(b) or (d) of this subdivision.\n 2. (a) The order shall state the court's reasons for the particular\ndisposition. If the court places the child in accordance with section\nseven hundred fifty-six of this part, the court in its order shall\ndetermine: (i) whether continuation in the child's home would be\ncontrary to the best interest of the child and where appropriate, that\nreasonable efforts were made prior to the date of the dispositional\nhearing held pursuant to this article to prevent or eliminate the need\nfor removal of the child from his or her home and, if the child was\nremoved from his or her home prior to the date of such hearing, that\nsuch removal was in the child's best interest and, where appropriate,\nreasonable efforts were made to make it possible for the child to return\nsafely home. If the court determines that reasonable efforts to prevent\nor eliminate the need for removal of the child from the home were not\nmade but that the lack of such efforts was appropriate under the\ncircumstances, the court order shall include such a finding; and (ii) in\nthe case of a child who has attained the age of fourteen, the services\nneeded, if any, to assist the child to make the transition from foster\ncare to independent living. Nothing in this subdivision shall be\nconstrued to modify the standards for directing pre-dispositional\nplacement set forth in section seven hundred thirty-nine of this\narticle.\n (b) 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 the court determines that:\n (i) the parent of such child has subjected the child to aggravated\ncircumstances, as defined in subdivision (g) of section seven hundred\ntwelve of this article;\n (ii) the parent of such child has been convicted of (A) 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 (B) 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 (iii) the parent of such child has been convicted of an attempt to\ncommit any of the crimes set forth in subparagraphs (i) and (ii) of this\nparagraph, and the victim or intended victim was the child or another\nchild of the parent; or has been convicted of criminal solicitation as\ndefined in article one hundred, conspiracy as defined in article one\nhundred five or criminal facilitation as defined in article one hundred\nfifteen of the penal law for conspiring, soliciting or facilitating any\nof the foregoing crimes, and the victim or intended victim was the child\nor another child of the parent;\n (iv) 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 (v) 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 subparagraph (ii), (iii) or (iv) of this\nparagraph, and the victim of such offense was the child or another child\nof the parent; or\n (vi) 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 If the court determines that reasonable efforts are not required\nbecause of one of the grounds set forth above, a permanency hearing\nshall be held within thirty days of the finding of the court that such\nefforts are not required. At the permanency hearing, the court shall\ndetermine the appropriateness of the permanency plan prepared by the\nsocial services official which shall include whether and when the child:\n(A) will be returned to the parent; (B) should be placed for adoption\nwith the social services official filing a petition for termination of\nparental rights; (C) should be referred for legal guardianship; (D)\nshould be placed permanently with a fit and willing relative; or (E)\nshould be placed in another planned permanent living arrangement with a\nsignificant connection to an adult willing to be a permanency resource\nfor the child if the child is age sixteen or older and if the\nrequirements of subparagraph (E) of paragraph (iv) of subdivision (d) of\nsection seven hundred fifty-six-a of this part have been met. The social\nservices official shall thereafter make reasonable efforts to place the\nchild in a timely manner and to complete whatever steps are necessary to\nfinalize the permanent placement of the child as set forth in the\npermanency plan approved by the court. If reasonable efforts are\ndetermined by the court not to be required because of one of the grounds\nset forth in this paragraph, the social services official may file a\npetition for termination of parental rights in accordance with section\nthree hundred eighty-four-b of the social services law.\n (c) For the purpose of this section, in determining reasonable efforts\nto be made with respect to a child, and in making such reasonable\nefforts, the child's health and safety shall be the paramount concern.\n (d) For the purpose of this section, a sibling shall include a\nhalf-sibling.\n