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Article 10A - Family Court

PERMANENCY HEARINGS FOR CHILDREN PLACED OUT OF THEIR HOMES

Section Description
1086 Purpose.
1087 Definitions.
1088 Continuing court jurisdiction.
1089 Permanency hearings.
1089-A Custody or guardianship with relatives or suitable persons...
1090 Representation of parties.
  S 1086. Purpose. The purpose of this article is to establish uniform
  procedures for permanency hearings for all children who  are  placed  in
  foster  care  pursuant  to  section  three  hundred fifty-eight-a, three
  hundred  eighty-four  or  three  hundred  eighty-four-a  of  the  social
  services  law  or  pursuant  to  section  one  thousand  twenty-two, one
  thousand twenty-seven, one thousand fifty-two, one thousand eighty-nine,
  one thousand  ninety-one,  one  thousand  ninety-four  or  one  thousand
  ninety-five  of  this  act;  children  who  are  directly  placed with a
  relative pursuant to section one  thousand  seventeen  or  one  thousand
  fifty-five  of  this act; and children who are freed for adoption. It is
  meant to provide children placed out of their homes timely and effective
  judicial review that promotes permanency, safety and well-being in their
  lives.

  S 1087. Definitions. When used in this article, the following terms
  shall have the following meanings:
    (a) "Child" shall mean a person under  the  age  of  eighteen  who  is
  placed  in  foster care pursuant to section three hundred fifty-eight-a,
  three hundred eighty-four or three hundred eighty-four-a of  the  social
  services  law  or  pursuant  to  section  one  thousand  twenty-two, one
  thousand twenty-seven, one thousand fifty-two, one thousand eighty-nine,
  one thousand  ninety-one,  one  thousand  ninety-four  or  one  thousand
  ninety-five  of this act; or directly placed with a relative pursuant to
  section one thousand seventeen or one thousand fifty-five of  this  act;
  or  who  has  been  freed  for  adoption or a person between the ages of
  eighteen and twenty-one who has consented to continuation in foster care
  or trial discharge status; or a former foster care youth under  the  age
  of twenty-one for whom a court has granted a motion to permit the former
  foster  care youth to return to the custody of the local commissioner of
  social services or other officer,  board  or  department  authorized  to
  receive children as public charges.
    (b)  "Child  freed for adoption" shall mean a person whose custody and
  guardianship has been committed to  an  authorized  agency  pursuant  to
  section  three  hundred  eighty-three-c,  three  hundred eighty-four, or
  three hundred eighty-four-b of the social services  law.  Such  category
  shall  include  a  person  whose  parent or parents have died during the
  period in which the child was in foster care and for whom  there  is  no
  surviving  parent who would be entitled to notice or consent pursuant to
  section one hundred eleven or  one  hundred  eleven-a  of  the  domestic
  relations  law.  Such  category  shall  not include a child who has been
  freed for adoption with respect to one parent but who has another parent
  whose consent to an adoption is required pursuant to section one hundred
  eleven of the domestic relations law.
    (c) "Foster care" shall mean care provided by an authorized agency  to
  a child in a foster family, free or boarding home; agency boarding home;
  group  home;  child  care  institution,  health  care  facility  or  any
  combination thereof.
    (d) "Agency" means an authorized agency as defined in  paragraphs  (a)
  and  (b)  of subdivision ten of section three hundred seventy-one of the
  social services law, to which  the  care  and  custody  or  custody  and
  guardianship of a child has been transferred or committed.
    (e) "Permanency hearing report" shall mean a sworn report submitted by
  the  social services district to the court and the parties prior to each
  permanency hearing regarding the health and well-being of the child, the
  reasonable efforts that have been made since the last hearing to promote
  permanency for the child, and the recommended permanency  plan  for  the
  child.

  S 1088. Continuing court jurisdiction. If a child is placed pursuant
  to section three hundred fifty-eight-a, three  hundred  eighty-four,  or
  three  hundred  eighty-four-a of the social services law, or pursuant to
  section one thousand seventeen, one thousand  twenty-two,  one  thousand
  twenty-seven,  one  thousand  fifty-two,  one  thousand eighty-nine, one
  thousand  ninety-one,  one  thousand   ninety-four   or   one   thousand
  ninety-five  of this act, or directly placed with a relative pursuant to
  section one thousand seventeen or one thousand fifty-five of  this  act;
  or  if the child is freed for adoption pursuant to section three hundred
  eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
  of the social services  law,  the  case  shall  remain  on  the  court's
  calendar  and  the court shall maintain jurisdiction over the case until
  the  child  is  discharged  from  placement  and  all  orders  regarding
  supervision, protection or services have expired. The court shall rehear
  the  matter  whenever it deems necessary or desirable, or upon motion by
  any party entitled to notice in proceedings under this  article,  or  by
  the  attorney  for  the  child,  and  whenever  a  permanency hearing is
  required by this article. While the court  maintains  jurisdiction  over
  the  case,  the  provisions of section one thousand thirty-eight of this
  act shall continue to apply. The court shall also maintain  jurisdiction
  over  a  case for purposes of hearing a motion to permit a former foster
  care youth under the age of twenty-one who was  discharged  from  foster
  care  due to a failure to consent to continuation of placement to return
  to the custody of the local commissioner of  social  services  or  other
  officer,  board  or  department authorized to receive children as public
  charges.

  S 1089. Permanency  hearings. (a) Scheduling, commencement and
  completion of permanency hearings.  (1) Children freed for adoption. (i)
  At the conclusion of the dispositional hearing at which  the  child  was
  freed  for  adoption  in  a proceeding pursuant to section three hundred
  eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
  of the social services law, the court shall set a date certain  for  the
  initial  freed  child permanency hearing and advise all parties in court
  of  the  date  set,  except  for  the  respondent  or  respondents.  The
  permanency  hearing  shall  be commenced no later than thirty days after
  the hearing at which the child was freed and shall be  completed  within
  thirty  days, unless the court determines to hold the permanency hearing
  immediately upon completion of the hearing at which the child was freed,
  provided adequate notice has been given.
    (ii) At the conclusion of the hearing pursuant to section one thousand
  ninety-one of this act where the court has  granted  the  motion  for  a
  former  foster  care  youth who was discharged from foster care due to a
  failure to consent to continuation of placement to return to the custody
  of the local commissioner of social services or other officer, board  or
  department  authorized  to receive children as public charges, the court
  shall set a date certain for a permanency hearing and advise all parties
  in court of the date set. The permanency hearing shall be  commenced  no
  later than thirty days after the hearing at which the former foster care
  youth was returned to foster care.
    (2)  All  other  permanency hearings. At the conclusion of the hearing
  pursuant to section one thousand twenty-two, one thousand  twenty-seven,
  one   thousand   fifty-two,   one  thousand  eighty-nine,  one  thousand
  ninety-one, one thousand ninety-four or one thousand ninety-five of this
  act at which the child was remanded  or  placed  and  upon  the  court's
  approval  of  a voluntary placement instrument pursuant to section three
  hundred fifty-eight-a of the social services law, the court shall set  a
  date  certain  for  an initial permanency hearing, advise all parties in
  court of the date set and include the date in the order.  Orders  issued
  in subsequent court hearings prior to the permanency hearing, including,
  but  not  limited  to, the order of placement issued pursuant to section
  one thousand fifty-five of this act, shall include the date certain  for
  the   permanency  hearing.  The  initial  permanency  hearing  shall  be
  commenced no later than six months from the date  which  is  sixty  days
  after  the  child  was  removed from his or her home; provided, however,
  that if a sibling or half-sibling  of  the  child  has  previously  been
  removed  from  the  home  and  has  a  permanency  hearing  date certain
  scheduled within the next eight months, the permanency hearing for  each
  child  subsequently removed from the home shall be scheduled on the same
  date certain that has been set for the  first  child  removed  from  the
  home, unless such sibling or half-sibling has been removed from the home
  pursuant  to  article three or seven of this act. The permanency hearing
  shall be completed within thirty days of the scheduled date certain.
    (3) Subsequent permanency  hearings  for  a  child  who  continues  in
  out-of-home  placement  or  who is freed for adoption shall be scheduled
  for a date certain which shall be no later  than  six  months  from  the
  completion  of  the  previous  permanency  hearing  and  such subsequent
  permanency hearings shall be completed within thirty days  of  the  date
  certain set for such hearings.
    (b)  Notice  of  permanency  hearings. (1) No later than fourteen days
  before the date certain for a permanency hearing scheduled  pursuant  to
  this  section, the local social services district shall serve the notice
  of the permanency hearing and the permanency hearing report  by  regular
  mail upon:
    (i)  the  child's  parent, including any non-respondent parent, unless
  the parental rights of the parent have been  terminated  or  surrendered
  and  any  other  person  legally responsible for the child's care at the
  most recent address or addresses known  to  the  local  social  services
  district  or  agency,  and  the  foster  parent  in whose home the child
  currently resides, each of whom shall be a party to the proceeding; and
    (ii) the agency supervising the care of the child  on  behalf  of  the
  social  services  district  with  whom the child was placed, the child's
  attorney, and the attorney for the respondent parent.
    (2) The notice  and  the  permanency  hearing  report  shall  also  be
  provided  to  any pre-adoptive parent or relative providing care for the
  child and shall be submitted to the court. The notice of the  permanency
  hearing  only  shall be provided to a former foster parent in whose home
  the child previously had resided  for  a  continuous  period  of  twelve
  months  in foster care, if any, unless the court, on motion of any party
  or on its own motion, dispenses with such notice on the basis that  such
  notice  would  not  be  in  the  child's  best  interests. However, such
  pre-adoptive parent, relative, or former foster parent, on the basis  of
  such  notice,  shall have the right to be heard but shall not be a party
  to the permanency hearing. The  failure  of  such  pre-adoptive  parent,
  relative or former foster parent to appear at a permanency hearing shall
  constitute  a  waiver  of  the right to be heard. Such failure to appear
  shall not cause a delay of the permanency hearing nor be  a  ground  for
  the  invalidation  of  any  order  issued  by the court pursuant to this
  section.
    (c) Content of the permanency hearing report. The  permanency  hearing
  report  shall  include,  but  need  not  be  limited  to, up-to-date and
  accurate information regarding:
    (1) the child's current permanency goal, which may be:
    (i) return to the parent or parents;
    (ii) placement for adoption with the local  social  services  official
  filing a petition for termination of parental rights;
    (iii) referral for legal guardianship;
    (iv) permanent placement with a fit and willing relative; or
    (v)  placement  in  another  planned permanent living arrangement that
  includes a significant connection to an adult who is  willing  to  be  a
  permanency  resource  for  the  child,  including  documentation  of the
  compelling reason for determining that it  would  not  be  in  the  best
  interests  of the child to be returned home, placed for adoption, placed
  with a legal guardian, or placed with a fit and willing relative;
    (2) the health, well-being, and status of the  child  since  the  last
  hearing including:
    (i) a description of the child's health and well-being;
    (ii) information regarding the child's current placement;
    (iii)  an  update  on the educational and other progress the child has
  made since the last hearing including a description of  the  steps  that
  have  been  taken  by  the  local  social services district or agency to
  enable  prompt  delivery  of  appropriate  educational  and   vocational
  services to the child, including, but not be limited to:
    (A)  where the child is subject to article sixty-five of the education
  law or elects to participate in an educational program leading to a high
  school diploma, the steps that the local  social  services  district  or
  agency  has  taken  to  promptly  enable  the child to be enrolled or to
  continue enrollment in an  appropriate  school  or  educational  program
  leading to a high school diploma;
    (B)  where  the child is eligible to be enrolled in a pre-kindergarten
  program pursuant to section thirty-six hundred two-e  of  the  education
  law,  the  steps  that  the local social services district or agency has
  taken to promptly enable the child to  be  enrolled  in  an  appropriate
  pre-kindergarten program, if available;
    (C)  where the child is under three years of age and is involved in an
  indicated case of child abuse or neglect,  or  where  the  local  social
  services  district  suspects  that  the  child  may have a disability as
  defined in subdivision five of section twenty-five hundred forty-one  of
  the public health law or if the child has been found eligible to receive
  early  intervention  or  special educational services prior to or during
  the foster care placement, in accordance with  title  two-A  of  article
  twenty-five  of  the  public  health  law  or article eighty-nine of the
  education law, the steps that the  local  social  services  district  or
  agency  has taken to make any necessary referrals of the child for early
  intervention, pre-school  special  educational  or  special  educational
  evaluations  or  services, as appropriate, and any available information
  regarding any evaluations and services which are being provided  or  are
  scheduled to be provided in accordance with applicable law; and
    (D)  where  the  child  is at least sixteen and not subject to article
  sixty-five of the education law and elects  not  to  participate  in  an
  educational program leading to a high school diploma, the steps that the
  local  social  services district has taken to assist the child to become
  gainfully employed or enrolled in a vocational program;
    (iv) a description of the visitation  plan  or  plans  describing  the
  persons  with  whom  the  child  visits, including any siblings, and the
  frequency, duration and quality of the visits;
    (v) where a child has attained the age of fourteen, a  description  of
  the  services and assistance that are being provided to enable the child
  to learn independent living skills; and
    (vi) a description of any other services being provided to the child;
    (3) the status of the parent, including:
    (i) the services that have been offered to the parent  to  enable  the
  child to safely return home;
    (ii) the steps the parent has taken to use the services;
    (iii) any barriers encountered to the delivery of such services;
    (iv) the progress the parent has made toward reunification; and
    (v)  a  description  of any other steps the parent has taken to comply
  with and achieve the permanency plan, if applicable.
    (4) a description of the reasonable efforts  to  achieve  the  child's
  permanency  plan  that  have  been  taken  by  the local social services
  district or  agency  since  the  last  hearing.  The  description  shall
  include:
    (i)  unless  the  child  is  freed  for  adoption  or there has been a
  determination by a court that such efforts are not required pursuant  to
  section  one  thousand thirty-nine-b of this act, the reasonable efforts
  that have been made by the local social services district or  agency  to
  eliminate the need for placement of the child and to enable the child to
  safely  return  home,  including a description of any services that have
  been provided;
    (ii) where the permanency plan is  adoption,  guardianship,  placement
  with  a  fit  and  willing  relative or another planned permanent living
  arrangement other than return to parent,  the  reasonable  efforts  that
  have  been  made by the local social services district or agency to make
  and finalize such alternate permanent placement, including a description
  of any services that  have  been  provided  and  a  description  of  the
  consideration of appropriate in-state and out-of-state placements;
    (iii)  where  return  home  of the child is not likely, the reasonable
  efforts that have been made by the local  social  services  district  or
  agency  to  evaluate  and  plan  for  another  permanent plan, including
  consideration of appropriate in-state and out-of-state  placements,  and
  any  steps  taken  to  further a permanent plan other than return to the
  child's parent; or
    (iv)  where  a child has been freed for adoption, a description of the
  reasonable efforts that will be taken to facilitate the adoption of  the
  child; and
    (5) the recommended permanency plan including:
    (i)  a recommendation regarding whether the child's current permanency
  goal should be continued or modified,  the  reasons  therefor,  and  the
  anticipated date for meeting the goal;
    (ii)  a  recommendation regarding whether the child's placement should
  be extended and the reasons for the recommendation;
    (iii) any proposed changes in the  child's  current  placement,  trial
  discharge  or  discharge  that  may  occur  before  the  next permanency
  hearing;
    (iv) a description of the steps that will be taken by the local social
  services district or agency to continue to  enable  prompt  delivery  of
  appropriate  educational  and vocational services to the child in his or
  her current placement and during any potential  change  in  the  child's
  foster  care  placement, during any trial discharge, and after discharge
  of the child in accordance with the  plans  for  the  child's  placement
  until the next permanency hearing;
    (v)  whether  any  modification  to  the  visitation  plan or plans is
  recommended and the reasons therefor;
    (vi) where a child has attained the age of fourteen or will attain the
  age of fourteen before the next permanency hearing, a description of the
  services and assistance that will be provided to  enable  the  child  to
  learn independent living skills;
    (vii)  where  a  child has been placed outside this state, whether the
  out-of-state placement continues to be appropriate, necessary and in the
  best interests of the child;
    (viii) where return home of the child is not likely, the efforts  that
  will  be  made to evaluate or plan for another permanent plan, including
  consideration of appropriate in-state and out-of-state placements; and
    (ix) in the case of a child who has been freed for adoption:
    (A) a description of services and assistance that will be provided  to
  the  child  and the prospective adoptive parent to expedite the adoption
  of the child;
    (B) information regarding the child's eligibility for adoption subsidy
  pursuant to title nine of article six of the social services law; and
    (C) if the child is over age fourteen and has voluntarily withheld his
  or her consent to an adoption, the facts and circumstances regarding the
  child's decision to withhold consent and the reasons therefor.
    (d) Evidence, court findings and order. The provisions of subdivisions
  (a) and (c) of section one thousand forty-six of this act shall apply to
  all proceedings under this article. At the conclusion of each permanency
  hearing, the court shall, upon the proof adduced,  which  shall  include
  age-appropriate  consultation  with  the child who is the subject of the
  permanency hearing, and in accordance with the best interests and safety
  of the child, including whether the child would be at risk of  abuse  or
  neglect  if  returned to the parent or other person legally responsible,
  determine and issue its findings, and enter an order of  disposition  in
  writing:
    (1)  directing  that  the placement of the child be terminated and the
  child returned to the parent or other person legally responsible for the
  child's care with such further orders as the court deems appropriate; or
    (2) where the child is not returned to  the  parent  or  other  person
  legally responsible:
    (i)  whether  the  permanency goal for the child should be approved or
  modified and the anticipated date for achieving the goal. The permanency
  goal may be determined to be:
    (A) return to parent;
    (B)  placement  for  adoption  with the local social services official
  filing a petition for termination of parental rights;
    (C) referral for legal guardianship;
    (D) permanent placement with a fit and willing relative; or
    (E) placement in another planned  permanent  living  arrangement  that
  includes a significant connection to an adult willing to be a permanency
  resource  for  the  child  if  the  local  social  services official has
  documented to the court a compelling  reason  for  determining  that  it
  would  not  be  in  the  best  interests of the child to return home, be
  referred for termination of parental rights  and  placed  for  adoption,
  placed with a fit and willing relative, or placed with a legal guardian;
    (ii) placing the child in the custody of a fit and willing relative or
  other  suitable  person,  or continuing the placement of the child until
  the completion of the next permanency hearing, provided,  however,  that
  no  placement  may  be  continued  under this section beyond the child's
  eighteenth birthday without his or her consent and in no event past  the
  child's  twenty-first  birthday; provided, however, that a former foster
  youth who was previously discharged from foster care due to a failure to
  consent to continuation of placement may be returned to the  custody  of
  the  local  commissioner  of  social services or other officer, board or
  department authorized to receive children as public charges if the court
  has granted the motion of the former foster care youth or  local  social
  services  official  upon  a  finding  that  the  youth has no reasonable
  alternative to foster care  and  has  consented  to  enrollment  in  and
  attendance  at  a  vocational  or educational program in accordance with
  section one thousand ninety-one of this act;
    (iii)  determining  whether  reasonable  efforts  have  been  made  to
  effectuate the child's permanency plan as follows:
    (A)  unless  the  child  is  freed  for  adoption  or there has been a
  determination by a court that such efforts are not required pursuant  to
  section  one  thousand  thirty-nine-b  of  this  act, whether reasonable
  efforts have been made to eliminate the need for placement of the  child
  and to enable the child to safely return home;
    (B)  where  the  permanency  plan is adoption, guardianship, placement
  with a fit and willing relative  or  another  planned  permanent  living
  arrangement other than return to parent, whether reasonable efforts have
  been  made  to  make  and  finalize  such alternate permanent placement,
  including  consideration  of  appropriate  in-state   and   out-of-state
  placements;
    (iv) where return home of the child is not likely, what efforts should
  be  made  to  evaluate  or  plan  for  another permanent plan, including
  consideration of appropriate in-state and out-of-state placements;
    (v) the steps that must be taken by the local social services official
  or agency to implement the educational and vocational program components
  of the permanency hearing report submitted pursuant to  subdivision  (c)
  of this section, and any modifications that should be made to such plan;
    (vi)  specifying  the  date  certain for the next scheduled permanency
  hearing;
    (vii) where placement of the child is extended, such order shall  also
  include:
    (A) a description of the visitation plan or plans;
    (B)  where  the  child is not freed for adoption, a direction that the
  child's parent or parents, including any non-respondent parent or  other
  person legally responsible for the child's care shall be notified of the
  planning  conference  or  conferences to be held pursuant to subdivision
  three of section four hundred nine-e of  the  social  services  law  and
  notification of their right to attend such conference or conferences and
  their right to have counsel or another representative with them;
    (C)  where  the  child is not freed for adoption, a direction that the
  parent or other person legally responsible for the child's care keep the
  local social services district or agency apprised of his or her  current
  whereabouts and a current mailing address;
    (D)  where  the  child is not freed for adoption, a notice that if the
  child remains in foster care for fifteen of the most  recent  twenty-two
  months,  the local social services district or agency may be required by
  law to file a petition to terminate parental rights;
    (E) where a child has been freed for adoption and is over age fourteen
  and has voluntarily withheld his or her  consent  to  an  adoption,  the
  facts  and circumstances with regard to the child's decision to withhold
  consent and the reasons therefor;
    (F) where a child has been placed outside of this state,  whether  the
  out-of-state placement continues to be appropriate, necessary and in the
  best interests of the child;
    (G) where a child has or will before the next permanency hearing reach
  the age of fourteen, the services and assistance necessary to assist the
  child in learning independent living skills; and
    (viii)  any other findings or orders that the court deems appropriate,
  which may include:
    (A) Whether the court should issue any  orders  for  services  in  the
  manner  specified in section one thousand fifteen-a of this act in order
  to achieve the permanency plan and,  if  so,  what  services  should  be
  ordered.
    (B) Where a child has been freed for adoption, the order may also:
    (I) direct that such child be placed for adoption in the foster family
  home  where  he or she resides or has resided or with any other suitable
  person or persons;
    (II) direct the local social services district to provide services  or
  assistance  to  the child and the prospective adoptive parent authorized
  or required to be made available pursuant to  the  comprehensive  annual
  services  program  plan  then in effect. Such order shall include, where
  appropriate, the evaluation of eligibility for adoption subsidy pursuant
  to title nine of article six of the social services law, but  shall  not
  require  the provision of such subsidy. Violation of such an order shall
  be subject to punishment pursuant to section seven  hundred  fifty-three
  of the judiciary law; and
    (III)  recommend  that  the  office  of  children  and family services
  investigate the facts and  circumstances  concerning  the  discharge  of
  responsibilities  for  the  care  and  welfare  of such child by a local
  social services district pursuant to section three  hundred  ninety-five
  of the social services law; and
    (IV)  recommend that the attorney for the child, local social services
  district or agency file a petition pursuant to part one-A of article six
  of this act to restore the parental rights of a child who has been freed
  for adoption.
    * (C) Where the  permanency  goal  is  return  to  parent  and  it  is
  anticipated  that  the  child  may  be  returned  home  before  the next
  scheduled permanency hearing, the court may  provide  the  local  social
  services  district  with authority to finally discharge the child to the
  parent without further court  hearing,  provided  that  ten  days  prior
  written  notice  is  served  upon the court and child's attorney. If the
  court on its own motion or the child's attorney on motion to  the  court
  does  not  request  the  matter  to  be  brought for review before final
  discharge, no further permanency hearings will be  required.  The  local
  social  services  district may also discharge the child on a trial basis
  to the parent unless the court has prohibited such  trial  discharge  or
  unless  the court has conditioned such trial discharge on another event.
  For the purposes of this section, trial discharge shall  mean  that  the
  child  is  physically  returned to the parent while the child remains in
  the care and custody of the local social services  district.  Permanency
  hearings shall continue to be held for any child who has returned to his
  or  her  parents  on  a trial discharge. Where the permanency goal for a
  child aging out of foster  care  is  another  planned  permanent  living
  arrangement  that  includes a significant connection to an adult willing
  to be a permanency resource for the child,  the  local  social  services
  district  may  also  discharge the child on a trial basis to the planned
  permanent living  arrangements,  unless  the  court  has  prohibited  or
  otherwise  conditioned  such  a  trial  discharge. Trial discharge for a
  child aging out of foster care shall mean that  a  child  is  physically
  discharged  but  the  local  social  services  district retains care and
  custody or custody and guardianship of the child  and  there  remains  a
  date certain for the scheduled permanency hearing.
    * NB Sep amd; cannot be put together
    * (C)  Where  the  permanency  goal  is  return  to  parent  and it is
  anticipated that  the  child  may  be  returned  home  before  the  next
  scheduled  permanency  hearing,  the  court may provide the local social
  services district with authority to finally discharge the child  to  the
  parent  without  further  court  hearing,  provided  that ten days prior
  written notice is served upon the court and attorney for the  child.  If
  the  court  on its own motion or the attorney for the child on motion to
  the court does not request the matter to be brought  for  review  before
  final  discharge,  no  further permanency hearings will be required. The
  local social services district may also discharge the child on  a  trial
  basis to the parent unless the court has prohibited such trial discharge
  or  unless  the  court  has  conditioned such trial discharge on another
  event. For the purposes of this section, trial discharge shall mean that
  the child is physically returned to the parent while the  child  remains
  in  the  care  and  custody  of  the  local  social  services  district.
  Permanency hearings shall continue to be held  for  any  child  who  has
  returned  to  his  or  her  parents  on  a  trial  discharge.  Where the
  permanency goal for a youth aging out of foster care is another  planned
  permanent  living  arrangement that includes a significant connection to
  an adult willing to be a permanency resource for the  youth,  the  local
  social  services  district may also discharge the youth on a trial basis
  to the planned permanent  living  arrangements,  unless  the  court  has
  prohibited  or  otherwise  conditioned  such  a  trial  discharge. Trial
  discharge for a youth aging out of foster care shall mean that the youth
  is physically discharged but the local social services district  retains
  care  and  custody  or  custody  and guardianship of the child and there
  remains a date certain  for  the  scheduled  permanency  hearing.  Trial
  discharge  for  a youth aging out of foster care may be extended at each
  scheduled permanency  hearing,  until  the  youth  reaches  the  age  of
  twenty-one,  if  a  youth  over  the  age  of  eighteen consents to such
  extension. Prior to finally discharging a youth aging out of foster care
  to another  planned  permanent  living  arrangement,  the  local  social
  services  official  shall give the youth notice of the right to apply to
  reenter foster care within the earlier  of  twenty-four  months  of  the
  final  discharge or the youth's twenty-first birthday in accordance with
  article ten-B of this act. Such notice shall also advise the youth  that
  reentry  into foster care will only be available where the former foster
  care youth has no reasonable alternative to foster care and consents  to
  enrollment in and attendance at an appropriate educational or vocational
  program  in  accordance with paragraph two of subdivision (a) of section
  one thousand ninety-one of this act.
    * NB Sep amd; cannot be put together
    (D)  The court may make an order of protection in the manner specified
  by section one thousand fifty-six of this act  in  assistance  or  as  a
  condition  of  any  other  order  made  under this section. The order of
  protection may  set  forth  reasonable  conditions  of  behavior  to  be
  observed for a specified period of time by a person before the court.
    (E) Where the court finds reasonable cause to believe that grounds for
  termination  of  parental  rights  exist, the court may direct the local
  social services district or other agency to institute  a  proceeding  to
  legally  free  the  child for adoption pursuant to section three hundred
  eighty-four-b of the social services law. Upon a failure by such  agency
  to  institute  such  proceeding  within  ninety days after entry of such
  order, the court shall permit the foster parent or parents in whose home
  the child resides to institute such a proceeding unless the local social
  services district or other agency, for good cause  shown  and  upon  due
  notice to all the parties to the proceeding, has obtained a modification
  or  extension of such order, or unless the court has reasonable cause to
  believe that such foster parent or parents would not obtain approval  of
  their petition to adopt the child in a subsequent adoption proceeding.
    (F)  The  court  may  make  an order directing a local social services
  district or agency  to  undertake  diligent  efforts  to  encourage  and
  strengthen the parental relationship when it finds such efforts will not
  be  detrimental to the best interests of the child and there has been no
  prior court finding that such efforts are  not  required.  Such  efforts
  shall  include encouraging and facilitating visitation with the child by
  the parent or other person legally responsible  for  the  child's  care.
  Such  order  may  include a specific plan of action for the local social
  services district or agency including, but not limited to,  requirements
  that  such  agency assist the parent or other person legally responsible
  for  the  child's  care  in  obtaining  adequate  housing,   employment,
  counseling, medical care or psychiatric treatment. Such order shall also
  include  encouraging  and  facilitating visitation with the child by the
  noncustodial parent and grandparents who have the  right  to  visitation
  pursuant to section one thousand eighty-one of this act, and may include
  encouraging  and  facilitating  visitation with the child by the child's
  siblings. Nothing in this subdivision  shall  be  deemed  to  limit  the
  authority  of the court to make an order pursuant to section two hundred
  fifty-five of this act.
    (G) Except as provided for herein, in any  order  issued  pursuant  to
  this  section,  the court may require the local social services district
  or agency to make progress reports to the court, the  parties,  and  the
  child's attorney on the implementation of such order.
    (H)  Where  a  child  freed  for  adoption  has  not  been placed in a
  prospective adoptive  home  and  the  court  has  entered  an  order  of
  disposition directing that the child be placed for adoption or directing
  the  provision  of  services  or  assistance to the child and the agency
  charged with the guardianship and custody of the child fails,  prior  to
  the  next  scheduled  permanency hearing, to comply with such order, the
  court at the time of such hearing may, in  the  best  interests  of  the
  child,  enter  an  order  committing the guardianship and custody of the
  child  to  another  authorized  agency  or  may  make  any  other  order
  authorized pursuant to section two hundred fifty-five of this act.
    (e)  Service  of  court order and permanency hearing report. A copy of
  the court order which includes the date certain for the next  permanency
  hearing  and  the  permanency  hearing  report as approved, adjusted, or
  modified by the court, shall be given to  the  parent  or  other  person
  legally responsible for the child.

  S 1089-a. Custody or guardianship with relatives or suitable persons
  pursuant to article six of this act or guardianship pursuant to  article
  seventeen  of  the  surrogate's  court  procedure  act.  (a)  Where  the
  permanency plan is placement with a fit and willing relative, the  court
  may  issue an order of custody or guardianship in response to a petition
  filed by a relative or suitable person seeking custody  or  guardianship
  of  the  child under article six of this act or an order of guardianship
  of the child under article seventeen of the surrogate's court  procedure
  act  at a permanency hearing held pursuant to this article and terminate
  all pending orders issued pursuant to article ten of this act if:
    (i) the court finds that granting custody or guardianship of the child
  to the relative or suitable person is in the best interests of the child
  and that the termination of the order  placing  the  child  pursuant  to
  article  ten of this act will not jeopardize the safety of the child. In
  determining whether the best interests of the child will be promoted  by
  the  granting  of  guardianship of the child to a relative who has cared
  for the child as a foster parent, the court shall give due consideration
  to the permanency goal of the child, the relationship between the  child
  and  the  relative, and whether the relative and the local department of
  social services have  entered  into  an  agreement  to  provide  kinship
  guardianship  assistance  payments  for  the child to the relative under
  title ten of article six of the social services law, and, if so, whether
  a fact-finding hearing pursuant to section  one  thousand  fifty-one  of
  this  chapter  has  occurred,  and  whether compelling reasons exist for
  determining that the return home of the child and the  adoption  of  the
  child are not in the best interests of the child and are, therefore, not
  appropriate permanency options; and
    (ii)  the  court  finds  that  granting custody or guardianship of the
  child to the relative or suitable person will provide the child  with  a
  safe and permanent home; and
    (iii) the parents, the attorney for the child, the local department of
  social  services,  and  the  foster parent of the child who has been the
  foster parent for the child for one year or more consent to the issuance
  of an order of custody or guardianship under article six of this act  or
  the  granting of guardianship under article seventeen of the surrogate's
  court procedure act and  the  termination  of  the  order  of  placement
  pursuant to article ten of this act; or
    (iv)  after  a consolidated hearing on the permanency of the child and
  the petition under article six of this act or article seventeen  of  the
  surrogate's court procedure act;
    (A)  if a parent or parents fail to consent to the granting of custody
  or guardianship under article  six  of  this  act  or  the  granting  of
  guardianship  under article seventeen of the surrogate's court procedure
  act, the court finds that extraordinary circumstances exist that support
  granting an order of custody or guardianship under article six  of  this
  act  or  the  granting  of  guardianship  under article seventeen of the
  surrogate's court procedure act; or
    (B) if the local department of social services, the attorney  for  the
  child,  or the foster parent of the child who has been the foster parent
  for the child for one year or more fail to consent to  the  granting  of
  custody or guardianship under article six of this act or the granting of
  guardianship  under article seventeen of the surrogate's court procedure
  act, the court finds that granting custody or guardianship of the  child
  to  the  relative  or  suitable  person  is in the best interests of the
  child.
    (b) An order made in accordance with the provisions  of  this  section
  shall set forth the required findings as described in subdivision (a) of
  this  section  including, if the guardian and local department of social
  services have entered into an agreement to provide kinship  guardianship
  assistance  payments  for  the  child to the relative under title ten of
  article six of the social services  law,  that  a  fact-finding  hearing
  pursuant to section one thousand fifty-one of this chapter has occurred,
  and  the  compelling  reasons that exist for determining that the return
  home of the child are not in the best interests of the  child  and  are,
  therefore,  not  appropriate permanency options for the child, and shall
  result in the termination of any orders in effect  pursuant  to  article
  ten  of  this act or pursuant to this article. Notwithstanding any other
  provision of law, the court shall not issue an order of supervision  nor
  may the court require the local department of social services to provide
  services  to  the  respondent  or  respondents  when granting custody or
  guardianship pursuant to article six of this  act  or  the  granting  of
  guardianship  under article seventeen of the surrogate's court procedure
  act in accordance with this section.
    (c) As part of the order  granting  custody  or  guardianship  to  the
  relative  or  suitable person pursuant to article six of this act or the
  granting of guardianship under  article  seventeen  of  the  surrogate's
  court  procedure act, the court may require that the local department of
  social services and the attorney for the child receive notice of, and be
  made parties to, any  subsequent  proceeding  to  modify  the  order  of
  custody  or guardianship granted pursuant to the article six proceeding;
  provided, however, if the guardian and the local  department  of  social
  services  have entered into an agreement to provide kinship guardianship
  assistance payments for the child to the relative  under  title  ten  of
  article  six of the social services law, the order must require that the
  local department of social services  and  the  attorney  for  the  child
  receive  notice  of,  and  be  made  parties  to,  any  such  subsequent
  proceeding involving custody or guardianship of the child.
    (d) Any order entered pursuant to  this  section  shall  conclude  the
  court's jurisdiction over the article ten proceeding and the court shall
  not  maintain  jurisdiction  over  the proceeding for further permanency
  hearings.
    (e) The court shall hold age appropriate consultation with the  child,
  however,  if  the  youth  has  attained fourteen years of age, the court
  shall ascertain his  or  her  preference  for  a  suitable  guardian  or
  custodian.  Notwithstanding any other section of law, where the youth is
  over the age of eighteen, he or she shall consent to the appointment  of
  a suitable guardian or custodian.

  S 1090. Representation  of parties. (a) If an attorney for the child
  has been appointed by the family court in a proceeding pursuant to  this
  article   or   section   three   hundred  fifty-eight-a,  three  hundred
  eighty-three-c,   three   hundred   eighty-four,   or   three    hundred
  eighty-four-b of the social services law, or article ten, ten-B or ten-C
  of  this  act,  the  appointment  of  the  attorney  for the child shall
  continue without further court  order  or  appointment,  unless  another
  appointment  of  an  attorney  for the child has been made by the court,
  until the child is discharged from placement and  all  orders  regarding
  supervision,  protection  or services have expired. The attorney for the
  child  shall  also  represent  the  child  without  further   order   or
  appointment in any proceedings under article ten-B or ten-C of this act.
  All  notices,  reports  and motions required by law shall be provided to
  such attorney. The attorney for the child may be relieved of his or  her
  representation  upon  application  to  the  court for termination of the
  appointment.  Upon  approval  of  the  application,  the   court   shall
  immediately  appoint  another attorney to whom all notices, reports, and
  motions required by law shall be provided.
    (b) The appointment of  an  attorney  for  the  respondent  parent  or
  parents  pursuant  to  section  two  hundred sixty-two of this act shall
  continue without further order  of  the  court.  The  appointment  shall
  expire  upon  the  expiration  of  the  time  for  appeal of an order of
  disposition  against  the  respondent  parent  committing  custody   and
  guardianship   of   the   child   pursuant   to  section  three  hundred
  eighty-four-b of the social services law or upon final determination  of
  any  appeal or subsequent appeals authorized by law, or upon entry of an
  order approving a surrender pursuant to the provisions of section  three
  hundred  eighty-three-c of the social services law. All notices, reports
  and motions required by law shall be served upon the  attorney  for  the
  respondent parent or parents. The attorney may be relieved of his or her
  representation  upon  application  to  the  court for termination of the
  appointment. If the application is approved, the court shall immediately
  appoint another attorney for the respondent parent or  parents  pursuant
  to  section  two  hundred  sixty-two  of this act upon whom all notices,
  reports, and motions required by law shall be provided.

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