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Family Court Law

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Part 2 - Article 10 - Family Court

TEMPORARY REMOVAL AND PRELIMINARY ORDERS

Section Description
1021Temporary removal with consent.
1022Preliminary orders of court before petition filed.
1022-APreliminary orders; notice and appointment of counsel.
1023Procedure for issuance of temporary order.
1024Emergency removal without court order.
1026Action by the appropriate person designated by the court and child protective agency upon emergency removal.
1027Hearing and preliminary orders after filing petition.
1027-APlacement of siblings.
1028Application to return child temporarily removed.
1028-AApplication of a relative to become a foster parent.
1029Temporary order of protection.
1030Order of visitation by a respondent.
  S 1021. Temporary  removal  with  consent.  A  peace officer, acting
  pursuant to his or her special duties, or a police officer or  an  agent
  of  a  duly  authorized  agency, association, society or institution may
  temporarily remove a child from the place where he or  she  is  residing
  with  the  written  consent of his or her parent or other person legally
  responsible for his or her care, if the child  is  suspected  to  be  an
  abused  or  neglected  child  under  this  article. The officer or agent
  shall, coincident with consent or removal, give written  notice  to  the
  parent  or  other person legally responsible for the child's care of the
  right to apply to the family court for the return of the child  pursuant
  to  section  one thousand twenty-eight of this article, and of the right
  to be represented by counsel  and  the  procedures  for  those  who  are
  indigent  to  obtain  counsel  in  proceedings  brought pursuant to this
  article. Such notice shall also include the name,  title,  organization,
  address and telephone number of the person removing the child; the name,
  address and telephone number of the authorized agency to which the child
  will  be  taken, if available; and the telephone number of the person to
  be contacted for visits with the child. A copy of the instrument whereby
  the parent or legally responsible person has given such consent to  such
  removal  shall  be appended to the petition alleging abuse or neglect of
  the removed child and made a part of the permanent court record  of  the
  proceeding. A copy of such instrument and notice of the telephone number
  of  the  child  protective agency to contact to ascertain the date, time
  and place of the filing of the petition and of the hearing that will  be
  held pursuant to section one thousand twenty-seven of this article shall
  be  given  to the parent or legally responsible person. Unless the child
  is returned sooner, a petition shall be filed within  three  court  days
  from  the  date  of  removal. In such a case, a hearing shall be held no
  later than the next court day after the petition is filed  and  findings
  shall  be made as required pursuant to section one thousand twenty-seven
  of this article.

  S 1022. Preliminary orders of court before petition filed. (a) (i) The
  family  court  may  enter  an order directing the temporary removal of a
  child from the place where he or she is residing before the filing of  a
  petition  under  this article, if (A) the parent or other person legally
  responsible for the child's care is absent or, though present, was asked
  and refused to consent to the temporary removal of  the  child  and  was
  informed  of  an  intent to apply for an order under this section and of
  the information required by section one thousand  twenty-three  of  this
  part; and
    (B) the child appears so to suffer from the abuse or neglect of his or
  her  parent or other person legally responsible for his or her care that
  his or her immediate removal is necessary to avoid  imminent  danger  to
  the child's life or health; and
    (C) there is not enough time to file a petition and hold a preliminary
  hearing under section one thousand twenty-seven of this part.
    (ii)  When  a  child  protective  agency  applies  to  a court for the
  immediate removal of a child pursuant to  this  subdivision,  the  court
  shall  calendar the matter for that day and shall continue the matter on
  successive subsequent court days, if necessary, until a decision is made
  by the court.
    (iii) In  determining  whether  temporary  removal  of  the  child  is
  necessary  to  avoid  imminent  risk  to the child's life or health, the
  court shall consider and determine in its order whether continuation  in
  the  child's  home  would be contrary to the best interests of the child
  and where appropriate, whether reasonable efforts were made prior to the
  date of application for the order directing such  temporary  removal  to
  prevent or eliminate the need for removal of the child from the home. If
  the court determines that reasonable efforts to prevent or eliminate the
  need  for  removal of the child from the home were not made but that the
  lack of such efforts was appropriate under the circumstances, the  court
  order shall include such a finding.
    (iv)  If  the  court  determines that reasonable efforts to prevent or
  eliminate the need for removal of the child from the home were not  made
  but  that  such  efforts  were  appropriate under the circumstances, the
  court shall order the child protective agency to provide or arrange  for
  the provision of appropriate services or assistance to the child and the
  child's  family  pursuant  to  section  one  thousand  fifteen-a of this
  article or subdivision (c) of this section.
    (v) The court shall also consider and determine whether imminent  risk
  to the child would be eliminated by the issuance of a temporary order of
  protection,  pursuant  to section one thousand twenty-nine of this part,
  directing the removal of a person or persons from the child's residence.
    (vi) Any order directing the temporary removal of a child pursuant  to
  this  section  shall  state  the  court's  findings  with respect to the
  necessity of such removal, whether the respondent  was  present  at  the
  hearing  and,  if  not,  what  notice  the  respondent  was given of the
  hearing, whether the respondent was represented by counsel, and, if not,
  whether the respondent waived his or her right to counsel.
    (vii) At the conclusion of a hearing where it has been determined that
  a child should be removed from his or her parent or other person legally
  responsible, the court  shall  set  the  date  certain  for  an  initial
  permanency  hearing  pursuant  to  paragraph  two  of subdivision (a) of
  section one thousand eighty-nine of this act. The date certain shall  be
  included in the written order issued pursuant to subdivision (b) of this
  section  and  shall  set  forth  the  date  certain  scheduled  for  the
  permanency hearing.
    (b) Any written  order  pursuant  to  this  section  shall  be  issued
  immediately, but in no event later than the next court day following the
  removal  of the child. The order shall specify the facility to which the
  child is to be brought. Except for good cause shown or unless the  child
  is sooner returned to the place where he or she was residing, a petition
  shall  be  filed  under  this  article  within  three  court days of the
  issuance of the order. The  court  shall  hold  a  hearing  pursuant  to
  section  one  thousand  twenty-seven of this part no later than the next
  court day following the filing of the petition if the respondent was not
  present, or was present and unrepresented by counsel, and has not waived
  his or her right to counsel, for the hearing pursuant to this section.
    (c) The family court, before the  filing  of  a  petition  under  this
  article,  may  enter  an  order authorizing the provision of services or
  assistance, including authorizing a physician  or  hospital  to  provide
  emergency  medical  or  surgical  procedures, if (i) such procedures are
  necessary to safeguard the life or health of the child; and
    (ii) there  is  not  enough  time  to  file  a  petition  and  hold  a
  preliminary  hearing  under section one thousand twenty-seven. Where the
  court orders a social services  official  to  provide  or  contract  for
  services  or  assistance  pursuant  to this section, such order shall be
  limited to services or assistance authorized  or  required  to  be  made
  available  pursuant  to  the  comprehensive annual services program plan
  then in effect.
    (d) The person removing the child shall, coincident with removal, give
  written notice to the parent or other person legally responsible for the
  child's care of the right to apply to the family court for the return of
  the child pursuant to section one thousand twenty-eight of this act, the
  name, title, organization, address and telephone number  of  the  person
  removing  the  child,  the  name  and telephone number of the child care
  agency to which the child will be taken,  if  available,  the  telephone
  number  of the person to be contacted for visits with the child, and the
  information required by section one thousand twenty-three of  this  act.
  Such  notice  shall be personally served upon the parent or other person
  at the residence of the child provided,  that  if  such  person  is  not
  present  at  the child's residence at the time of removal, a copy of the
  notice shall be affixed to the door of such residence and a  copy  shall
  be  mailed  to  such  person at his or her last known place of residence
  within twenty-four hours after the removal of the child. If the place of
  removal is not the child's residence, a copy  of  the  notice  shall  be
  personally  served upon the parent or person legally responsible for the
  child's care forthwith, or affixed to the door of the child's  residence
  and  mailed  to  the  parent or other person legally responsible for the
  child's care at  his  or  her  last  known  place  of  residence  within
  twenty-four  hours  after  the  removal. The form of the notice shall be
  prescribed by the chief administrator of the courts.
    (e) Nothing in this section shall be deemed to require that the  court
  order  the  temporary  removal  of  a  child  as a condition of ordering
  services  or  assistance,  including  emergency  medical   or   surgical
  procedures pursuant to subdivision (c) of this section.
    (f)  The  court  may issue a temporary order of protection pursuant to
  section ten hundred twenty-nine of this article as an alternative to  or
  in conjunction with any other order or disposition authorized under this
  section.

  S 1022-a. Preliminary orders; notice and appointment of counsel. At a
  hearing held pursuant to section ten hundred twenty-two of this  act  at
  which  the  respondent is present, the court shall advise the respondent
  of the allegations in the application and shall appoint counsel for  the
  respondent  pursuant  to section two hundred sixty-two of this act where
  the respondent is indigent.

  S 1023. Procedure for issuance of temporary order. Any person who may
  originate a proceeding under this article may apply for, or the court on
  its own motion may issue, an order of temporary  removal  under  section
  one thousand twenty-two or one thousand twenty-seven or an order for the
  provision  of  services  or  assistance,  including emergency medical or
  surgical procedures pursuant to subdivision (c) of section one  thousand
  twenty-two,  or  a temporary order of protection pursuant to section ten
  hundred twenty-nine.  The applicant or, where designated by  the  court,
  any  other  appropriate person, shall make every reasonable effort, with
  due regard for any necessity for immediate protective action, to  inform
  the  parent  or other person legally responsible for the child's care of
  the intent to apply for the order, of the date and  the  time  that  the
  application will be made, the address of the court where the application
  will  be  made,  of  the  right  of  the  parent or other person legally
  responsible for the child's care to be present at the application and at
  any hearing held thereon and, of the right to be represented by counsel,
  including procedures for obtaining counsel, if indigent.

  S 1024. Emergency  removal without court order. (a) A peace officer,
  acting pursuant to his or her special duties, police officer, or  a  law
  enforcement  official,  or  a  designated  employee  of a city or county
  department of social services  shall  take  all  necessary  measures  to
  protect  a child's life or health including, when appropriate, taking or
  keeping a child in protective custody, and any  physician  shall  notify
  the   local   department   of  social  services  or  appropriate  police
  authorities to take custody of any child  such  physician  is  treating,
  without  an  order under section one thousand twenty-two of this article
  and  without  the  consent  of  the  parent  or  other  person   legally
  responsible  for  the  child's care, regardless of whether the parent or
  other person legally responsible for the child's care is absent, if  (i)
  such  person  has  reasonable cause to believe that the child is in such
  circumstance or condition that his or her continuing in  said  place  of
  residence  or  in  the  care and custody of the parent or person legally
  responsible for the child's care presents  an  imminent  danger  to  the
  child's life or health; and
    (ii)  there is not time enough to apply for an order under section one
  thousand twenty-two of this article.
    (b) If a person authorized by this section removes or keeps custody of
  a child, he shall (i) bring the child immediately to  a  place  approved
  for  such  purpose  by  the local social services department, unless the
  person is a physician treating the child and the child  is  or  will  be
  presently admitted to a hospital, and
    (ii) make every reasonable effort to inform the parent or other person
  legally responsible for the child's care of the facility to which he has
  brought the child, and
    (iii)  give,  coincident with removal, written notice to the parent or
  other person legally responsible for the child's care of  the  right  to
  apply  to  the  family  court  for  the  return of the child pursuant to
  section one thousand twenty-eight of this act, and of the  right  to  be
  represented  by  counsel in proceedings brought pursuant to this article
  and procedures for obtaining counsel, if  indigent.  Such  notice  shall
  also include the name, title, organization, address and telephone number
  of  the  person  removing  the  child,  the name, address, and telephone
  number of the authorized agency to which the child  will  be  taken,  if
  available, the telephone number of the person to be contacted for visits
  with  the  child,  and  the information required by section one thousand
  twenty-three of this act. Such notice shall be  personally  served  upon
  the  parent or other person at the residence of the child provided, that
  if such person is not present at the child's residence at  the  time  of
  removal,  a  copy  of  the  notice  shall be affixed to the door of such
  residence and a copy shall be mailed to such person at his or  her  last
  known  place  of residence within twenty-four hours after the removal of
  the child. If the place of removal is not the child's residence, a  copy
  of  the  notice  shall  be  personally  served upon the parent or person
  legally responsible for the child's care forthwith, or  affixed  to  the
  door  of  the child's residence and mailed to the parent or other person
  legally responsible for the child's care at his or her last known  place
  of residence within twenty-four hours after the removal. An affidavit of
  such  service  shall  be  filed  with  the  clerk  of  the  court within
  twenty-four hours of serving  such  notice  exclusive  of  weekends  and
  holidays  pursuant  to  the  provisions of this section. The form of the
  notice shall be prescribed by the chief  administrator  of  the  courts.
  Failure  to file an affidavit of service as required by this subdivision
  shall not constitute grounds for return of the child.
    (iv) inform the court and make a report pursuant to title six  of  the
  social services law, as soon as possible.
    (c)  Any  person or institution acting in good faith in the removal or
  keeping of a child pursuant to this section shall have immunity from any
  liability, civil or  criminal,  that  might  otherwise  be  incurred  or
  imposed as a result of such removal or keeping.
    (d)  Where the physician keeping a child in his custody pending action
  by the  local  department  of  social  services  or  appropriate  police
  authorities  does  so  in  his  capacity  as  a member of the staff of a
  hospital or similar institution, he shall notify the person in charge of
  the  institution,  or  his  designated  agent,  who  shall  then  become
  responsible for the further care of such child.
    (e)  Any  physician  keeping  a  child in his custody pursuant to this
  section shall have the right to keep such child  in  his  custody  until
  such  time  as  the  custody  of  the  child has been transferred to the
  appropriate police authorities or the social services  official  of  the
  city  or  county in which the physician maintains his place of business.
  If the social services official receives custody of a child pursuant  to
  the  provisions  of this section, he shall promptly inform the parent or
  other person responsible for such child's care and the family  court  of
  his action.

  S 1026. Action by the appropriate person designated by the court and
  child protective agency upon  emergency  removal.  (a)  The  appropriate
  person  designated  by  the  court  or  a  child  protective agency when
  informed that there has been an emergency removal of a child from his or
  her home without court order shall (i) make every reasonable  effort  to
  communicate  immediately with the child's parent or other person legally
  responsible for his or her care, and
    (ii) except in cases involving abuse, cause a child thus removed to be
  returned, if it concludes there is not an imminent risk to  the  child's
  health  in  so  doing.  In  cases  involving abuse, the child protective
  agency may recommend to the court that the child be returned or that  no
  petition be filed.
    (b)  The  child  protective  agency  may,  but need not, condition the
  return of a child under this  section  upon  the  giving  of  a  written
  promise,  without  security,  of  the  parent  or  other  person legally
  responsible for the child's care that he  or  she  will  appear  at  the
  family  court  at a time and place specified in the recognizance and may
  also require him or her to bring the child with him or her.
    (c) If the child protective agency for any reason does not return  the
  child  under this section after an emergency removal pursuant to section
  one thousand twenty-four of this part on the same day that the child  is
  removed,  or  if  the  child  protective agency concludes it appropriate
  after an emergency removal pursuant to section one thousand  twenty-four
  of  this  part, it shall cause a petition to be filed under this part no
  later than the next court day after the child was removed. The court may
  order an extension, only upon good cause shown, of  up  to  three  court
  days  from  the date of such child's removal. A hearing shall be held no
  later than the next court day after the petition is filed  and  findings
  shall  be made as required pursuant to section one thousand twenty-seven
  of this part.
 
  S 1027. Hearing and preliminary orders after filing of petition. (a)
  (i) In any case where the child has been removed without court order  or
  where  there  has  been  a  hearing  pursuant  to  section  one thousand
  twenty-two of this part at which the respondent was not present, or  was
  not  represented  by  counsel  and  did  not  waive  his or her right to
  counsel, the family court shall hold a hearing. Such  hearing  shall  be
  held  no later than the next court day after the filing of a petition to
  determine whether the child's interests  require  protection,  including
  whether  the  child  should  be  returned  to the parent or other person
  legally responsible, pending a final  order  of  disposition  and  shall
  continue  on  successive  court  days, if necessary, until a decision is
  made by the court.
    (ii) In any such case where the child has  been  removed,  any  person
  originating  a  proceeding under this article shall, or the attorney for
  the child may apply for, or the court on its own  motion  may  order,  a
  hearing at any time after the petition is filed to determine whether the
  child's   interests   require   protection  pending  a  final  order  of
  disposition. Such hearing must be scheduled for no later than  the  next
  court day after the application for such hearing has been made.
    (iii)  In  any  case  under this article in which a child has not been
  removed from his or her parent or other person legally  responsible  for
  his  or her care, any person originating a proceeding under this article
  or the attorney for the child may apply for, or the  court  on  its  own
  motion  may  order, a hearing at any time after the petition is filed to
  determine whether the child's interests  require  protection,  including
  whether  the  child  should  be  removed from his or her parent or other
  person legally responsible, pending a final order of  disposition.  Such
  hearing must be scheduled for no later than the next court day after the
  application for such hearing has been made.
    (iv)  Notice  of  a  hearing shall be provided pursuant to section one
  thousand twenty-three of this part.
    (b) (i) Upon  such  hearing,  if  the  court  finds  that  removal  is
  necessary to avoid imminent risk to the child's life or health, it shall
  remove  or  continue the removal of the child. If the court makes such a
  determination that removal is necessary,  the  court  shall  immediately
  inquire  as  to  the  status  of  any  efforts  made by the local social
  services district to  locate  relatives  of  the  child,  including  any
  non-respondent  parent  and all of the child's grandparents, as required
  pursuant to section one thousand seventeen of this  article.  The  court
  shall also inquire as to whether the child, if over the age of five, has
  identified  any relatives who play or have played a significant positive
  role in his or her  life  and  whether  any  respondent  parent  or  any
  non-respondent  parent  has  identified  any  suitable  relatives.  Such
  inquiry shall include whether any relative  who  has  been  located  has
  expressed  an  interest  in becoming a foster parent for the child or in
  seeking custody or care of the child. Upon completion of  such  inquiry,
  the court shall remand or place the child:
    (A)  with  the local commissioner of social services and the court may
  direct such commissioner to have the child reside  with  a  relative  or
  other  suitable  person  who  has  indicated a desire to become a foster
  parent for the child and further direct such commissioner,  pursuant  to
  regulations  of  the office of children and family services, to commence
  an investigation of the home of such relative or other  suitable  person
  within   twenty-four   hours   and   thereafter   expedite  approval  or
  certification of such relative or other suitable person,  if  qualified,
  as a foster parent. If such home is found to be unqualified for approval
  or  certification,  the local commissioner shall report such fact to the
  court forthwith so that the court may  make  a  placement  determination
  that is in the best interests of the child;
    (B)  to  a  place  approved  for  such  purpose by the social services
  district; or
    (C) in the custody of a relative or suitable  person  other  than  the
  respondent.
    (ii)  Such  order  shall  state the court's findings which support the
  necessity of such removal, whether the respondent  was  present  at  the
  hearing  and,  if  not,  what  notice  the  respondent  was given of the
  hearing, and, where a pre-petition removal has  occurred,  whether  such
  removal  took  place  pursuant  to  section one thousand twenty-one, one
  thousand twenty-two or one thousand twenty-four of  this  part.  If  the
  parent  or  other  person  legally  responsible  for the child's care is
  physically present at the  time  the  child  is  removed,  and  has  not
  previously  been  served  with the summons and petition, the summons and
  petition shall be served upon such parent or person coincident with such
  removal. If such parent or person is not physically present at the  time
  the  child  is  removed,  service  of  the summons and petition shall be
  governed  by  section  one  thousand  thirty-six  of  this  article.  In
  determining  whether  removal  or  continuing  the removal of a child is
  necessary to avoid imminent risk to the  child's  life  or  health,  the
  court  shall consider and determine in its order whether continuation in
  the child's home would be contrary to the best interests  of  the  child
  and where appropriate, whether reasonable efforts were made prior to the
  date  of  the  hearing  held  under  subdivision  (a) of this section to
  prevent or eliminate the need for removal of the  child  from  the  home
  and,  if the child was removed from his or her home prior to the date of
  the  hearing  held  under  subdivision  (a)  of  this   section,   where
  appropriate,  that  reasonable efforts were made to make it possible for
  the child to safely return home.
    (iii) If the court determines that reasonable efforts  to  prevent  or
  eliminate  the need for removal of the child from the home were not made
  but  that  the  lack  of  such  efforts  was   appropriate   under   the
  circumstances, the court order shall include such a finding.
    (iv)  If  the  court  determines that reasonable efforts to prevent or
  eliminate the need for removal of the child from the home were not  made
  but  that  such  efforts  were  appropriate under the circumstances, the
  court shall order the child protective agency to provide or arrange  for
  the provision of appropriate services or assistance to the child and the
  child's  family  pursuant  to  section  one  thousand  fifteen-a  or  as
  enumerated in subdivision (c) of section one thousand twenty-two of this
  article, notwithstanding the fact that a petition has been filed.
    (v) The court shall also consider and determine whether imminent  risk
  to the child would be eliminated by the issuance of a temporary order of
  protection,  pursuant  to section one thousand twenty-nine of this part,
  directing the removal of a person or persons from the child's residence.
    (c) Upon such hearing, the court may, for good cause  shown,  issue  a
  preliminary  order of protection which may contain any of the provisions
  authorized on the making of an order of  protection  under  section  one
  thousand fifty-six of this act.
    (d)  Upon  such  hearing, the court may, for good cause shown, release
  the child  to  the  custody  of  his  parent  or  other  person  legally
  responsible  for  his  care,  pending  a  final order of disposition, in
  accord with section one thousand fifty-four.
    (e) Upon such hearing, the court may authorize a physician or hospital
  to provide  medical  or  surgical  procedures  if  such  procedures  are
  necessary to safeguard the child's life or health.
    (f)  If  the  court  grants  or  denies  a preliminary order requested
  pursuant to this section, it shall state the grounds for such decision.
    (g)  In  all  cases  involving abuse the court shall order, and in all
  cases involving neglect the court may order, an examination of the child
  pursuant to section two hundred fifty-one of this act or by a  physician
  appointed  or  designated  for the purpose by the court. As part of such
  examination, the physician shall arrange  to  have  colored  photographs
  taken  as soon as practical of the areas of trauma visible on such child
  and may, if  indicated,  arrange  to  have  a  radiological  examination
  performed  on  the  child.  The  physician,  on  the  completion of such
  examination, shall forward the results thereof together with  the  color
  photographs  to  the  court  ordering  such  examination.  The court may
  dispense with such examination in those cases which  were  commenced  on
  the  basis  of  a  physical  examination  by a physician. Unless colored
  photographs have already been taken or unless  there  are  no  areas  of
  visible  trauma,  the  court  shall  arrange to have colored photographs
  taken even if the examination is dispensed with.
    (h) At the conclusion of a hearing where it has been determined that a
  child should be removed from his or her parent or other  person  legally
  responsible,  the  court  shall  set  a  date  certain  for  an  initial
  permanency hearing pursuant to  paragraph  two  of  subdivision  (a)  of
  section  one thousand eighty-nine of this act. The date certain shall be
  included in the written order issued pursuant to subdivision (b) of this
  section  and  shall  set  forth  the  date  certain  scheduled  for  the
  permanency hearing. A copy of such order shall be provided to the parent
  or other person legally responsible for the child's care.

  S 1027-a.  Placement  of  siblings. When  a social services official
  removes a child pursuant to this part, such official  shall  place  such
  child  with  his or her minor siblings or half-siblings who have been or
  are being remanded to or placed in the care and custody of such official
  unless, in the judgment of such official, such placement is contrary  to
  the   best  interests  of  the  children.  Placement  with  siblings  or
  half-siblings shall be  presumptively  in  the  child's  best  interests
  unless  such  placement would be contrary to the child's health, safety,
  or welfare. If such placement is not immediately available at  the  time
  of  the removal of the child, such official shall provide or arrange for
  the provision of such placement within thirty days.

  S 1028. Application to return child temporarily removed.  (a) Upon the
  application  of  the  parent or other person legally responsible for the
  care of a  child  temporarily  removed  under  this  part  or  upon  the
  application  of  the  child's attorney for an order returning the child,
  the court shall hold a hearing to determine whether the child should  be
  returned  (i)  unless  there  has been a hearing pursuant to section one
  thousand twenty-seven of this article on the removal  of  the  child  at
  which  the  parent  or  other person legally responsible for the child's
  care was present and had the opportunity to be represented  by  counsel,
  or (ii) upon good cause shown. Except for good cause shown, such hearing
  shall  be  held within three court days of the application and shall not
  be adjourned. Upon such hearing, the court shall grant the  application,
  unless it finds that the return presents an imminent risk to the child's
  life  or health. If a parent or other person legally responsible for the
  care of a child waives his or her right to a hearing under this section,
  the court shall advise such person at that  time  that,  notwithstanding
  such  waiver,  an application under this section may be made at any time
  during the pendency of the proceedings.
    (b) In determining whether temporary removal of the child is necessary
  to avoid imminent risk to the child's life or health,  the  court  shall
  consider  and determine in its order whether continuation in the child's
  home would be contrary to the best interests  of  the  child  and  where
  appropriate,  whether  reasonable efforts were made prior to the date of
  the hearing to prevent or eliminate the need for removal  of  the  child
  from  the  home  and  where appropriate, whether reasonable efforts were
  made after removal of the child to make it possible  for  the  child  to
  safely return home.
    (c)  If  the  court  determines  that reasonable efforts to prevent or
  eliminate the need for removal of the child from the home were not  made
  but   that   the   lack  of  such  efforts  was  appropriate  under  the
  circumstances, the court order shall include such a finding.
    (d) If the court determines that  reasonable  efforts  to  prevent  or
  eliminate  the need for removal of the child from the home were not made
  but that such efforts were  appropriate  under  the  circumstances,  the
  court  shall order the child protective agency to provide or arrange for
  the provision of appropriate services or assistance to the child and the
  child's  family  pursuant  to  section  one  thousand  fifteen-a  or  as
  enumerated in subdivision (c) of section one thousand twenty-two of this
  article, notwithstanding the fact that a petition has been filed.
    (e)  The  court  may issue a temporary order of protection pursuant to
  section ten hundred twenty-nine of this article as an alternative to  or
  in conjunction with any other order or disposition authorized under this
  section.
    (f)  The court shall also consider and determine whether imminent risk
  to the child would be eliminated by the issuance of a temporary order of
  protection, pursuant to section ten hundred twenty-nine of this article,
  directing the removal of a person or persons from the child's residence.

  S 1028-a. Application  of  a relative to become a foster parent. (a)
  Upon the application of a relative to become a foster parent of a  child
  in  foster  care,  the  court  shall,  subject to the provisions of this
  subdivision, hold a hearing to determine whether  the  child  should  be
  placed  with  a relative in foster care. Such hearing shall only be held
  if:
    (i) the relative is related within the third degree  of  consanguinity
  to either parent;
    (ii) the child has been temporarily removed under this part, or placed
  pursuant  to section one thousand fifty-five of this article, and placed
  in non-relative foster care;
    (iii) the relative indicates a willingness to become the foster parent
  for such child and has not refused previously  to  be  considered  as  a
  foster  parent  or  custodian  of  the child, provided, however, that an
  inability to provide immediate care for the  child  due  to  a  lack  of
  resources  or  inadequate  housing,  educational  or  other arrangements
  necessary to care appropriately for the child  shall  not  constitute  a
  previous refusal;
    (iv) the local social services district has refused to place the child
  with  the  relative  for  reasons  other  than the relative's failure to
  qualify as a foster parent pursuant to the regulations of the office  of
  children and family services; and
    (v)  the  application  is  brought within six months from the date the
  relative received notice that the child was being removed  or  had  been
  removed  from  his  or her home and no later than twelve months from the
  date that the child was removed.
    (b) The court shall give due consideration  to  such  application  and
  shall make the determination as to whether the child should be placed in
  foster care with the relative based on the best interests of the child.
    (c)  After  such  hearing,  if  the court determines that placement in
  foster care with the relative is in the best interests of the child, the
  court shall direct the local commissioner of social  services,  pursuant
  to  regulations  of  the  office  of  children  and  family services, to
  commence an investigation of the home of the relative within twenty-four
  hours  and  thereafter  expedite  approval  or  certification  of   such
  relative,  if qualified, as a foster parent. No child, however, shall be
  placed with a relative prior to final approval or certification of  such
  relative as a foster parent.
 
  S 1029. Temporary order of protection.  (a) The family court, upon the
  application  of  any  person  who  may originate a proceeding under this
  article,  for  good  cause  shown,  may  issue  a  temporary  order   of
  protection,  before  or  after  the  filing  of such petition, which may
  contain any of the provisions authorized on the making of  an  order  of
  protection  under  section  one  thousand  fifty-six.   If such order is
  granted before the filing of a petition and  a  petition  is  not  filed
  under  this article within ten days from the granting of such order, the
  order shall be vacated. In any case where a petition has been filed  and
  an  attorney  for  the  child has been appointed, such attorney may make
  application  for  a  temporary  order  of  protection  pursuant  to  the
  provisions of this section.
    (b) A temporary order of protection is not a finding of wrongdoing.
    (c)  The  court may issue or extend a temporary order of protection ex
  parte or on  notice  simultaneously  with  the  issuance  of  a  warrant
  directing  that  the respondent be arrested and brought before the court
  pursuant to section ten hundred thirty-seven of this article.
    (d) Nothing in this section shall: (i) limit the power of the court to
  order removal of a child pursuant to this article where the court  finds
  that there is imminent danger to a child's life or health; or (ii) limit
  the  authority  of  authorized persons to remove a child without a court
  order pursuant to section one thousand twenty-four of this  article;  or
  (iii)  be construed to authorize the court to award permanent custody of
  a child to a parent  or  relative  pursuant  to  a  temporary  order  of
  protection.
 
  S 1030. Order  of visitation by a respondent. (a) A respondent shall
  have the right to reasonable and regularly scheduled visitation  with  a
  child in the temporary custody of a social services official pursuant to
  this  part  or  pursuant  to  subdivision  (d)  of  section one thousand
  fifty-one of this article, unless limited by  an  order  of  the  family
  court.
    (b)  A  respondent who has not been afforded such visitation may apply
  to the court for an order requiring the local social  services  official
  having  temporary custody of the child pursuant to this part or pursuant
  to subdivision (d) of section one thousand fifty-one of this article, to
  permit the respondent  to  visit  the  child  at  stated  periods.  Such
  application  shall  be  made  upon  notice  to the local social services
  official and to any attorney appointed to represent the child, who shall
  be afforded an opportunity to be heard thereon.
    (c) A respondent shall be granted reasonable and  regularly  scheduled
  visitation  unless the court finds that the child's life or health would
  be endangered thereby, but the court  may  order  visitation  under  the
  supervision  of an employee of a local social services department upon a
  finding that such supervised visitation is in the best interest  of  the
  child.
    (d)  An order made under this section may be modified by the court for
  good cause shown, upon application by any party or the child's attorney,
  and upon notice of such application to all other parties and the child's
  attorney, who shall be afforded an opportunity to be heard thereon.
    (e) An order made under this section shall terminate upon the entry of
  an order of disposition pursuant to part five of this article.

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