§ 1055 — Placement

New York § 1055

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Orders
• Art. 10: Child Protective Proceedings

Text

§ 1055. Placement. (a) (i) For purposes of section one thousand\nfifty-two of this part the court may place the child in the custody of a\nrelative or other suitable person pursuant to this article, or of the\nlocal commissioner of social services or of such other officer, board or\ndepartment as may be authorized to receive children as public charges,\nor a duly authorized association, agency, society or in an institution\nsuitable for the placement of a child. The court may also place a child\nwho it finds to be a sexually exploited child as defined in subdivision\none of section four hundred forty-seven-a of the social services law\nwith the local commissioner of social services for placement in an\navailable long-term safe house. The court may also place the child in\nthe custody of the local commissioner of social services and may direct\nsuch commissioner to have the child reside with a relative or other\nsuitable person who has indicated a desire to become a foster parent for\nthe child and further direct such commissioner, pursuant to regulations\nof the office of children and family services, to commence an\ninvestigation of the home of such relative or other suitable person\nwithin twenty-four hours and thereafter expedite approval or\ncertification of such relative or other suitable person, if qualified,\nas a foster parent. If such home is found to be unqualified for approval\nor certification, the local commissioner shall report such fact to the\ncourt forthwith so that the court may make a placement determination\nthat is in the best interests of the child.\n (ii) An order placing a child directly with a relative or other\nsuitable person pursuant to this part may not be granted unless the\nrelative or other suitable person consents to the jurisdiction of the\ncourt. The court may place the person with whom the child has been\ndirectly placed under supervision of a child protective agency, social\nservices official or duly authorized agency during the pendency of the\nproceeding. The court also may issue an order of protection under\nsection one thousand fifty-six of this part. An order of supervision\nissued pursuant to this subdivision shall set forth the terms and\nconditions that the relative or suitable person must meet and the\nactions that the child protective agency, social services official or\nduly authorized agency must take to exercise such supervision.\n (b) (i) The court shall state on the record its findings supporting\nthe placement in any order of placement made under this section. The\norder of placement shall include, but not be limited to:\n (A) a description of the visitation plan;\n (B) a direction that the respondent or respondents shall be notified\nof the planning conference or conferences to be held pursuant to\nsubdivision three of section four hundred nine-e of the social services\nlaw, of their right to attend the conference, and of their right to have\ncounsel or another representative or companion with them;\n (C) a date certain for the permanency hearing, which may be the\npreviously-scheduled date certain, but in no event more than eight\nmonths from the date of removal of the child from his or her home.\nProvided, however, that if there is a sibling or half-sibling of the\nchild who was previously removed from the home pursuant to this article,\nthe date certain for the permanency hearing shall be the date certain\npreviously scheduled for the sibling or half-sibling of the child who\nwas the first child removed from the home, where such sibling or\nhalf-sibling has a permanency hearing date certain scheduled within the\nnext eight months, but in no event later than eight months from the date\nof removal of the child from his or her home;\n (D) a notice that if the child remains in foster care for fifteen of\nthe most recent twenty-two months, the agency may be required by law to\nfile a petition to terminate parental rights. A copy of the court's\norder and the service plan shall be given to the respondent; and\n (E) where the permanency goal is return to the parent and it is\nanticipated that the child may be finally discharged to his or her\nparent before the next scheduled permanency hearing, the court may\nprovide the local social services district with authority to finally\ndischarge the child to the parent without further court hearing,\nprovided that ten days prior written notice is served upon the court and\nthe attorney for the child. If the court on its own motion or the\nattorney for the child on motion to the court does not request the\nmatter to be brought for review before final discharge, no further\npermanency hearings will be required. The local social services district\nmay also discharge the child on a trial basis to the parent unless the\ncourt has prohibited such trial discharge or unless the court has\nconditioned such trial discharge on another event. For the purposes of\nthis section, trial discharge shall mean that the child is physically\nreturned to the parent while the child remains in the care and custody\nof the local social services district. Permanency hearings shall\ncontinue to be held for any child who has returned to his or her parents\non a trial discharge. Where the permanency goal for a youth aging out of\nfoster care is another planned permanent living arrangement that\nincludes a significant connection to an adult willing to be a permanency\nresource for the youth, the local social services district may also\ndischarge the youth on a trial basis to the planned permanent living\narrangements, unless the court has prohibited or otherwise conditioned\nsuch a trial discharge. Trial discharge for a youth aging out of foster\ncare shall mean that a youth is physically discharged but the local\nsocial services district retains care and custody or custody and\nguardianship of the youth and there remains a date certain for the\nscheduled permanency hearing. Trial discharge for a youth aging out of\nfoster care may be extended at each scheduled permanency hearing, until\nthe child reaches the age of twenty-one, if a child over the age of\neighteen consents to such extension. Prior to finally discharging a\nyouth aging out of foster care to another planned permanent living\narrangement, the local social services official shall give the youth\nnotice of the right to apply to reenter foster care within the earlier\nof twenty-four months of the final discharge or the youth's twenty-first\nbirthday in accordance with article ten-B of this act. Such notice shall\nalso advise the youth that reentry into foster care will only be\navailable where the former foster care youth has no reasonable\nalternative to foster care and consents to enrollment in and attendance\nat an appropriate educational or vocational program in accordance with\nparagraph two of subdivision (a) of section one thousand ninety-one of\nthis act. Children placed under this section shall be placed until the\ncourt completes the initial permanency hearing scheduled pursuant to\narticle ten-A of this act. Should the court determine pursuant to\narticle ten-A of this act that placement shall be extended beyond\ncompletion of the scheduled permanency hearing, such extended placement\nand any such successive extensions of placement shall expire at the\ncompletion of the next scheduled permanency hearing, unless the court\nshall determine, pursuant to article ten-A of this act, to continue to\nextend such placement.\n (ii) Upon placing a child under the age of one, who has been\nabandoned, with a local commissioner of social services, the court\nshall, where either of the parents do not appear after due notice,\ninclude in its order of disposition pursuant to section one thousand\nfifty-two of this part, a direction that such commissioner shall\npromptly commence a diligent search to locate the child's non-appearing\nparent or parents or other known relatives who are legally responsible\nfor the child, and to commence a proceeding to commit the guardianship\nand custody of such child to an authorized agency pursuant to section\nthree hundred eighty-four-b of the social services law, six months from\nthe date that care and custody of the child was transferred to the\ncommissioner, unless there has been communication and visitation between\nsuch child and such parent or parents or other known relatives or\npersons legally responsible for the child. In addition to such diligent\nsearch the local commissioner of social services shall provide written\nnotice to the child's parent or parents or other known relatives or\npersons legally responsible as provided for in this paragraph. Such\nnotice shall be served upon such parent or parents or other known\nrelatives or persons legally responsible in the manner required for\nservice of process pursuant to section six hundred seventeen of this\nact. Information regarding such diligent search, including, but not\nlimited to, the name, last known address, social security number,\nemployer's address and any other identifying information to the extent\nknown regarding the non-appearing parent, shall be recorded in the\nuniform case record maintained pursuant to section four hundred nine-f\nof the social services law.\n (iii) Notice as required by paragraph (ii) of this subdivision shall\nstate:\n (A) that the local commissioner of social services shall initiate a\nproceeding to commit the guardianship and custody of the subject child\nto an authorized agency and that such proceeding shall be commenced six\nmonths from the date the child was placed in the care and custody of\nsuch commissioner with such date to be specified in the notice;\n (B) that there has been no visitation and communication between the\nparent and the child since the child has been placed with the local\ncommissioner of social services and that if no such visitation and\ncommunication with the child occurs within six months of the date the\nchild was placed with such commissioner the child will be deemed an\nabandoned child as defined in section three hundred eighty-four-b of the\nsocial services law and a proceeding will be commenced to commit the\nguardianship and custody of the subject child to an authorized agency;\n (C) that it is the legal responsibility of the local commissioner of\nsocial services to reunite and reconcile families whenever possible and\nto offer services and assistance for that purpose;\n (D) the name, address and telephone number of the caseworker assigned\nto the subject child who can provide information, services and\nassistance with respect to reuniting the family;\n (E) that it is the responsibility of the parent, relative or other\nperson legally responsible for the child to visit and communicate with\nthe child and that such visitation and communication may avoid the\nnecessity of initiating a petition for the transfer of custody and\nguardianship of the child.\nSuch notice shall be printed in both Spanish and English and contain in\nconspicuous print and in plain language the information set forth in\nthis paragraph.\n (c) In addition to or in lieu of an order of placement made pursuant\nto subdivision (b) of this section, the court may make an order\ndirecting a child protective agency, social services official or other\nduly authorized 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. Such efforts shall\ninclude encouraging and facilitating visitation with the child by the\nparent or other person legally responsible for the child's care. Such\norder may include a specific plan of action for such agency or official\nincluding, but not limited to, requirements that such agency or official\nassist the parent or other person responsible for the child's care in\nobtaining adequate housing, employment, counseling, medical care or\npsychiatric treatment. Such order shall also include encouraging and\nfacilitating visitation with the child by the non-custodial parent and\ngrandparents who have obtained orders pursuant to part eight of this\narticle, and may include encouraging and facilitating visitation with\nthe child by the child's siblings. The order may incorporate an order,\nif any, issued pursuant to subdivision (c) of section one thousand\ntwenty-seven-a or one thousand eighty-one of this article, provided that\nsuch visitation or contact is in the best interests of the child and his\nor her siblings. For purposes of this section, "siblings" shall include\nhalf-siblings and those who would be deemed siblings or half-siblings\nbut for the termination of parental rights of death of a parent. Nothing\nin this subdivision shall be deemed to limit the authority of the court\nto make an order pursuant to section two hundred fifty-five of this act.\n (d) In addition to or in lieu of an order of placement made pursuant\nto subdivision (b) of this section, the court may make an order\ndirecting a social services official or other duly authorized agency to\ninstitute a proceeding to legally free the child for adoption, if the\ncourt finds reasonable cause to believe that grounds therefor exist.\nUpon a failure by such official or agency to institute such a proceeding\nwithin ninety days after entry of such order, the court shall permit the\nfoster parent or parents in whose home the child resides to institute\nsuch a proceeding unless the social services official or other duly\nauthorized agency caring for the child, for good cause shown and upon\ndue notice to all 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 children in a subsequent adoption\nproceeding.\n (e) No placement may be made or continued under this section beyond\nthe child's eighteenth birthday without his or her consent and in no\nevent past his or her twenty-first birthday. However, a former foster\ncare youth under the age of twenty-one who was previously discharged\nfrom foster care due to a failure to consent to continuation of\nplacement may make a motion pursuant to section one thousand ninety-one\nof this act to return to the custody of the local commissioner of social\nservices or other officer, board or department authorized to receive\nchildren as public charges. In such motion, the youth must consent to\nenrollment in and attendance at a vocational or educational program in\naccordance with paragraph two of subdivision (a) of section one thousand\nninety-one of this act.\n (f) If a child is placed in the custody of the local commissioner of\nsocial services or other officer, board or department authorized to\nreceive children as public charges, such person shall provide for such\nchild as authorized by law, including, but not limited to section three\nhundred ninety-eight of the social services law.\n (g) If the parent or person legally responsible for the care of any\nsuch child or with whom such child resides receives public assistance\nand care, any portion of which is attributable to such child, a copy of\nthe order of the court providing for the placement of such child from\nhis or her home shall be furnished to the appropriate social services\nofficial, who shall reduce the public assistance and care furnished such\nparent or other person by the amount attributable to such child,\nprovided, however, that when the child service plan prepared pursuant to\nsection four hundred nine-e of the social services law includes a goal\nof discharge of the child to the parent or person legally responsible\nfor the care of the child or other member of the household, such social\nservices official shall not, to the extent that federal reimbursement is\navailable therefor, reduce the portion attributable to such child which\nis intended to meet the cost of shelter and fuel for heating.\n (h) Any order made under this section shall be suspended upon the\nentry of an order of disposition with respect to a child whose custody\nand guardianship have been committed pursuant to section three hundred\neighty-four-b of the social services law, and shall expire upon the\nexpiration of the time for appeal of such order or upon the final\ndetermination of any such appeal and any subsequent appeals authorized\nby law; provided, however, that where custody and guardianship have been\ncommitted pursuant to section three hundred eighty-four-b of the social\nservices law or where the child has been surrendered pursuant to section\nthree hundred eighty-three-c or three hundred eighty-four of the social\nservices law, the child shall nonetheless be deemed to continue in\nfoster care until such time as an adoption or other alternative living\narrangement is finalized. A permanency hearing or hearings regarding\nsuch child shall be conducted in accordance with article ten-A of this\nact. Nothing in this subdivision shall cause such order of placement to\nbe suspended or to expire with respect to any parent or other person\nwhose consent is required for an adoption against whom an order of\ndisposition committing guardianship and custody of the child has not\nbeen made.\n (i) In making an order under this section, the court may direct a\nlocal commissioner of social services to place the subject child\ntogether with minor siblings or half-siblings who have been placed in\nthe custody of the commissioner, or to provide or arrange for regular\nvisitation and other forms of communication between such child and\nsiblings where the court finds that such placement or visitation and\ncommunication is in the child's best interests. Placement or regular\nvisitation and communication with siblings or half-siblings shall be\npresumptively in the child's best interests unless such placement or\nvisitation and communication would be contrary to the child's health,\nsafety or welfare, or the lack of geographic proximity precludes or\nprevents visitation.\n (j) (i) In any case in which an order has been issued pursuant to this\nsection placing a child in the custody or care of the commissioner of\nsocial services, the social services official or authorized agency\ncharged with custody of the child shall report any anticipated change in\nplacement to the court and the attorneys for the parties, including the\nattorney for the child, forthwith, but not later than one business day\nfollowing either the decision to change the placement or the actual date\nthe placement change occurred, whichever is sooner. Such notice shall\nindicate the date that the placement change is anticipated to occur or\nthe date the placement change occurred, as applicable. Provided,\nhowever, if such notice lists an anticipated date for the placement\nchange, the local social services district or authorized agency shall\nsubsequently notify the court and attorneys for the parties, including\nthe attorney for the child, of the date the placement change occurred;\nsuch notice shall occur no later than one business day following the\nplacement change.\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\nsuch child'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 paragraph (i) of this\nsubdivision and motion of the local social services district, the court\nshall schedule a court review to make an assessment and determination of\nsuch placement in accordance with section one thousand fifty-five-c of\nthis part. Notwithstanding any other provision of law to the contrary,\nsuch court review shall occur no later than sixty days from the date the\nplacement of the child in the qualified residential treatment program\ncommenced.\n