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Part 3 - Article 10 - Family Court

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Part 3
PRELIMINARY PROCEDURE

Section	Description
1031	Originating proceeding to determine abuse or neglect.
1032	Persons who may originate proceedings.
1033	Access to the court for the purpose of filing a petition.
1033-A	Initial appearance.
1033-B	Initial appearance; procedures.
1034	Power to order investigations.
1035	Issuance of summons; notice to certain interested persons and intervention.
1036	Service of summons.
1037	Issuance of warrant and reports to court.
1038	Records and discovery involving abuse and neglect.
1038-A	Discovery; upon court order.
1039	Adjournment in contemplation of dismissal.
1039-A	Procedures following adjournment in contemplation of dismissal.
1039-B	Termination of reasonable efforts.
1040	Notice and right to be heard.
  S 1031. Originating  proceeding to determine abuse or neglect. (a) A
  proceeding under this article is originated by the filing of a  petition
  in  which  facts  sufficient  to  establish that a child is an abused or
  neglected child under this article are alleged.
    (b) Allegations of abuse and neglect may  be  contained  in  the  same
  petition.  Where  more than one child is the legal responsibility of the
  respondent, it may be alleged in the same  petition  that  one  or  more
  children are abused children, or that one or more children are neglected
  children, or both.
    (c)  On  its  own motion and at any time in the proceedings, the court
  may substitute for a petition to determine abuse a petition to determine
  neglect if the facts established are not sufficient to make a finding of
  abuse, as defined by this article.
    (d) A proceeding under this article  may  be  originated  by  a  child
  protective   agency   pursuant   to  section  one  thousand  thirty-two,
  notwithstanding that the child is  in  the  care  and  custody  of  such
  agency.  In  such  event,  the petition shall allege facts sufficient to
  establish that the return of the child to the care and  custody  of  his
  parent  or other person legally responsible for his care would place the
  child in imminent danger of becoming an abused or neglected child.
    (e) In any case where a child has been removed prior to the filing  of
  a  petition,  the petition alleging abuse or neglect of said child shall
  state the date and time of the removal, the circumstances  necessitating
  such  removal,  whether  the  removal  occurred  pursuant to section ten
  hundred twenty-one, ten hundred twenty-two or ten hundred twenty-four of
  this act, and if the removal occurred without court  order,  the  reason
  there  was  not  sufficient  time  to  obtain  a court order pursuant to
  section ten hundred twenty-two of this act.
    (f) A petition alleging abuse shall contain a  notice  in  conspicuous
  print  that a fact-finding that a child is severely or repeatedly abused
  as defined in subdivision eight of section three  hundred  eighty-four-b
  of  the  social  services  law,  by clear and convincing evidence, could
  constitute a basis to terminate parental rights in a proceeding pursuant
  to section three hundred eighty-four-b of the social services law.
 
  S 1032. Persons  who  may  originate  proceedings. The following may
  originate a proceeding under this article:
    (a) a child protective agency, or
    (b) a person on the court's direction.
 
  S 1033. Access to the court for the purpose of filing a petition. Any
  person seeking to file a petition at the court's direction, pursuant  to
  subdivision  (b) of section one thousand thirty-two shall have access to
  the court for the purpose of making an ex  parte  application  therefor.
  Nothing  in this section, however, is intended to prevent a family court
  judge from requiring such person to first report to an appropriate child
  protective agency.
 
  S 1033-a. Initial  appearance.  For  the  purposes  of this section,
  "initial appearance" means the proceeding on  the  date  the  respondent
  first appears before the court after the petition has been filed and any
  adjournments thereof.
 
  S 1033-b. Initial  appearance;  procedures.  1.   (a) At the initial
  appearance, the  court  shall  appoint  an  attorney  to  represent  the
  interests  of  any child named in a petition who is alleged to be abused
  or neglected, unless an attorney has already  been  appointed  for  such
  child pursuant to section one thousand sixteen of this act.
    (b)  At  the initial appearance, the court shall advise the respondent
  of the allegations in the petition and further advise the respondent  of
  the  right  to  an  adjournment  of  the  proceeding  in order to obtain
  counsel. The recitation of such rights shall not be waived  except  that
  the recitation of the allegations in the petition may be waived upon the
  consent   of   the   counsel  for  the  respondent  and  such  counsel's
  representation  on  the  record  that  he  or  she  has  explained  such
  allegations  to  the  respondent  and has provided the respondent with a
  copy of the petition and the respondent's acknowledgement of receipt  of
  the petition and such explanation.
    (c)  At  the  initial  appearance, the court shall appoint counsel for
  indigent respondents pursuant to section two hundred sixty-two  of  this
  act.
    (d) In any case where a child has been removed, the court shall advise
  the  respondent  of  the  right  to  a  hearing, pursuant to section ten
  hundred twenty-eight of this act, for the return of the child  and  that
  such  hearing  may  be  requested at any time during the proceeding. The
  recitation of such rights shall not be waived.
    (e) At the initial appearance, the court shall inquire  of  the  child
  protective agency whether such agency intends to prove that the child is
  a severely or repeatedly abused child as defined in subdivision eight of
  section three hundred eighty-four-b of the social services law, by clear
  and  convincing  evidence.  Where  the  agency advises the court that it
  intends to submit such proof, the court shall so advise the respondent.
 
  S 1034. Power  to  order investigations. 1. A family court judge may
  order the child protective service of the  appropriate  social  services
  district to conduct a child protective investigation as described by the
  social services law and report its findings to the court:
    (a) in any proceedings under this article, or
    (b)  in  order  to  determine  whether a proceeding under this article
  should be initiated.
    2. (a)(i) Before a petition is filed and  where  there  is  reasonable
  cause  to  suspect  that  a child or children's life or health may be in
  danger, child protective services may seek a court order based upon:
    (A) a report of suspected abuse or maltreatment  under  title  six  of
  article  six  of  the  social  services  law  as  well as any additional
  information that a child protective  investigator  has  learned  in  the
  investigation; and
    (B) the fact that the investigator has been unable to locate the child
  named  in  the report or any other children in the household or has been
  denied access to the child or children in the  household  sufficient  to
  determine their safety; and
    (C)  the  fact  that  the investigator has advised the parent or other
  persons legally responsible for the child or children that, when  denied
  sufficient  access  to the child or other children in the household, the
  child protective investigator may consider seeking  an  immediate  court
  order  to gain access to the child or children without further notice to
  the parent or other persons legally responsible.
    (ii) Where a court order has been requested pursuant to this paragraph
  the court may issue an order  under  this  section  requiring  that  the
  parent  or  other  persons legally responsible for the child or children
  produce the child or children at a particular location which may include
  a child advocacy center, or to a particular person for an  interview  of
  the  child  or  children,  and  for  observation of the condition of the
  child,  outside  of  the  presence  of  the  parent  or   other   person
  responsible.
    (b)(i) Before a petition is filed and where there is probable cause to
  believe  that an abused or neglected child may be found on the premises,
  child protective services may seek a court order based upon:
    (A) a report of suspected abuse or maltreatment  under  title  six  of
  article  six  of  the  social  services  law  as  well as any additional
  information that a child protective  investigator  has  learned  in  the
  investigation; and
    (B)  the fact that the investigator has been denied access to the home
  of the child or children in order to evaluate the home environment; and
    (C) the fact that the investigator has advised  the  parent  or  other
  person  legally  responsible for the child or children that, when denied
  access to the home environment, the child  protective  investigator  may
  consider  seeking  an  immediate  court order to gain access to the home
  environment without further notice to the parent or other person legally
  responsible.
    (ii) Where a court order has been requested pursuant to this paragraph
  the court may issue an order under this section authorizing  the  person
  conducting the child protective investigation to enter the home in order
  to  determine  whether  such  child  or  children  are present and/or to
  conduct a home visit and evaluate the home environment of the  child  or
  children.
    (c)  The  procedure for granting an order pursuant to this subdivision
  shall be the same as for a search  warrant  under  article  six  hundred
  ninety  of  the  criminal  procedure  law.  If  an  order  is  issued in
  accordance with this subdivision the court shall  specify  which  action
  may be taken and by whom in the order.
    (d)  In  determining  if  such  orders  shall be made, the court shall
  consider all relevant information, including but not limited to:
    (i) the nature and seriousness of the allegations made in the report;
    (ii) the age and vulnerability of the child or children;
    (iii)  the  potential  harm  to  the  child  or  children  if  a  full
  investigation is not completed;
    (iv) the relationship of the source  of  the  report  to  the  family,
  including  the  source's ability to observe that which has been alleged;
  and
    (v) the child protective or criminal history, if any,  of  the  family
  and  any  other  relevant information that the investigation has already
  obtained.
    (e) The court shall assess which actions are necessary in light of the
  child or children's safety, provided, however, that such  actions  shall
  be the least intrusive to the family.
    (f) The court shall be available at all hours to hear such requests by
  the  social  services  district  which  shall  be permitted to make such
  requests either in writing or orally, pursuant to section 690.36 of  the
  criminal  procedure law, in person to the family court during hours that
  the court is open and orally by telephone  or  in  person,  pursuant  to
  section  690.36  of  the criminal procedure law, to a family court judge
  when the court is not  open.  While  the  request  is  being  made,  law
  enforcement shall remain where the child or children are or are believed
  to  be  present  if  the  child  protective  services  investigator  has
  requested  law  enforcement  assistance.  Provided,  however,  that  law
  enforcement  may  not enter the premises where the child or children are
  believed  to  be  present  without   a   search   warrant   or   another
  constitutional basis for such entry.
    (g)  Where  the  court  issues  an order under this section, the child
  protective investigator shall  within  three  business  days  prepare  a
  report  to the court detailing his or her findings and any other actions
  that have been taken pertaining to the child named in the report and any
  other children in the household.
    (h) Nothing in this section shall limit the court's authority to issue
  any appropriate order in accordance with the provisions of this  article
  after a petition has been filed.
 
  S 1035. Issuance of summons; notice to certain interested persons and
  intervention.
    (a) On the filing of a petition under this article where the child has
  been removed from his or her home, unless a warrant is  issued  pursuant
  to section one thousand thirty-seven of this part, the court shall cause
  a  copy  of  the  petition  and  a summons to be issued the same day the
  petition is filed, clearly marked  on  the  face  thereof  "Child  Abuse
  Case",  as  applicable,  requiring  the  parent  or other person legally
  responsible for the child's care  or  with  whom  he  or  she  had  been
  residing  to  appear  at the court within three court days to answer the
  petition, unless a shorter time for a hearing to occur is prescribed  in
  part two of this article.
    (b)  In  a proceeding to determine abuse or neglect, the summons shall
  contain a statement in conspicuous print informing the respondent that:
    (i) the proceeding may lead to the filing  of  a  petition  under  the
  social  services law for the termination of respondent's parental rights
  and commitment of guardianship and custody of the child for the  purpose
  of adoption; and
    (ii)  if the child is placed and remains in foster care for fifteen of
  the most recent twenty-two months, the agency may be required by law  to
  file  a  petition  for  termination  of respondent's parental rights and
  commitment of guardianship and custody of the child for the purposes  of
  adoption.
    (c) On the filing of a petition under this article where the child has
  not been removed from his or her home, the court shall forthwith cause a
  copy  of  the petition and a summons to be issued, clearly marked on the
  face thereof "Child Abuse Case", as applicable, requiring the parent  or
  other  person  legally responsible for the child's care or with whom the
  child is residing to appear at the court to answer the  petition  within
  seven court days. The court may also require the person thus summoned to
  produce the child at the time and place named.
    (d)  Where  the  respondent  is not the child's parent, service of the
  summons and petition shall also  be  ordered  on  both  of  the  child's
  parents;  where  only  one  of  the  child's  parents is the respondent,
  service of the summons and petition shall also be ordered on the child's
  other parent. The summons and petition shall be accompanied by a  notice
  of  pendency  of the child protective proceeding advising the parents or
  parent of the right to appear and participate in the  proceeding  as  an
  interested  party  intervenor  for  the purpose of seeking temporary and
  permanent custody of the  child,  and  to  participate  thereby  in  all
  arguments  and  hearings insofar as they affect the temporary custody of
  the  child  during  fact-finding  proceedings,  and  in  all  phases  of
  dispositional proceedings. The notice shall also indicate that:
    (i)  upon good cause, the court may order an investigation pursuant to
  section one thousand thirty-four of this part  to  determine  whether  a
  petition should be filed naming such parent or parents as respondents;
    (ii)  if  the court determines that the child must be removed from his
  or her home, the court may order an investigation to  determine  whether
  the  non-respondent  parent  or parents would be suitable custodians for
  the child; and
    (iii) if the child is placed and remains in foster care for fifteen of
  the most recent twenty-two months, the agency may be required by law  to
  file  a petition for termination of the parental rights of the parent or
  parents and commitment of guardianship and custody of the child for  the
  purposes  of adoption, even if the parent or parents were not named as a
  respondent or as respondents in the child abuse or neglect proceeding.
    (e) The summons, petition and notice of pendency of a child protective
  proceeding served on the child's non-custodial parent in accordance with
  subdivision (d) of this section shall, if applicable, be served together
  with a notice that the child was removed from  his  or  her  home  by  a
  social  services  official.  Such notice shall also include the name and
  address  of the official to whom temporary custody of the child has been
  transferred, the name and address of the agency or  official  with  whom
  the  child  has  been temporarily placed, if different, and shall advise
  such parent of the right to request temporary and permanent custody  and
  to  seek enforcement of visitation rights with the child as provided for
  in part eight of this article.
    (f) The child's adult sibling, grandparent, aunt or uncle not named as
  respondent in the petition, may, upon  consent  of  the  child's  parent
  appearing  in the proceeding, or where such parent has not appeared then
  without such  consent,  move  to  intervene  in  the  proceeding  as  an
  interested  party  intervenor  for  the  purpose of seeking temporary or
  permanent custody of the child, and upon the  granting  of  such  motion
  shall  be permitted to participate in all arguments and hearings insofar
  as they affect the temporary custody of the  child  during  fact-finding
  proceedings,  and  in  all  phases  of  dispositional  proceedings. Such
  motions for intervention shall be liberally granted.

  S 1036. Service of summons. (a) Except as provided for in subdivision
  (c) of this section, in cases involving abuse, the petition and  summons
  shall  be  served  within  two  court days after their issuance. If they
  cannot be served within that time, such fact shall be  reported  to  the
  court  with  the  reasons  thereof  within  three court days after their
  issuance and the court shall thereafter issue a  warrant  in  accordance
  with  the  provisions  of  section  one thousand thirty-seven. The court
  shall also, unless dispensed with for good cause shown, direct that  the
  child  be  brought  before the court. Issuance of a warrant shall not be
  required where process is sent without the  state  as  provided  for  in
  subdivision (c) of this section.
    (b)  Service  of a summons and petition shall be made by delivery of a
  true copy thereof to the person  summoned  at  least  twenty-four  hours
  before the time stated therein for appearance.
    (c)  In  cases  involving  either abuse or neglect, the court may send
  process without the state in the same manner and with the same effect as
  process sent within the state in the exercise of  personal  jurisdiction
  over  any  person subject to the jurisdiction of the court under section
  three hundred one or three hundred two of the  civil  practice  law  and
  rules, notwithstanding that such person is not a resident or domiciliary
  of  the  state, where the allegedly abused or neglected child resides or
  is domiciled within the state and the alleged abuse or neglect  occurred
  within  the  state. In cases involving abuse where service of a petition
  and  summons  upon  a  non-resident  or  non-domiciliary  respondent  is
  required, such service shall be made within ten days after its issuance.
  If  service  can not be effected in ten days, an extension of the period
  to effect service may be granted by the court for good cause shown  upon
  application  of  any  party  or  the  child's attorney. Where service is
  effected on an out of state respondent and the  respondent  defaults  by
  failing  to  appear  to  answer  the  petition, the court may on its own
  motion, or upon application of any party or the child's attorney proceed
  to a fact finding hearing thereon.
    (d) If after reasonable effort, personal  service  is  not  made,  the
  court  may  at  any stage in the proceedings make an order providing for
  substituted service in the manner provided for  substituted  service  in
  civil process in courts of record.

  S 1037.  Issuance  of warrant and reports to court. (a) The court may
  issue  a  warrant  directing  the  parent,  or  other   person   legally
  responsible  for  the  child's  care  or  with whom he is residing to be
  brought before the court, when a petition is filed with the court  under
  this article and it appears that (i) the summons cannot be served; or
    (ii) the summoned person has refused to obey the summons; or
    (iii)  the  parent or other person legally responsible for the child's
  care is likely to leave the jurisdiction; or
    (iv) a summons, in the court's opinion, would be ineffectual; or
    (v) the safety of the child is endangered; or
    (vi) the safety of  a  parent,  person  legally  responsible  for  the
  child's  care  or  with  whom he is residing, foster parent or temporary
  custodian is endangered.
    (b) When issuing a warrant under this  section,  the  court  may  also
  direct that the child be brought before the court.
    (c)  In  any case involving abuse, the warrant shall be clearly marked
  on the face thereof "Child Abuse Case". If a  warrant  is  not  executed
  within  two  court  days of its issuance, such fact shall be reported to
  the court within three court days of its issuance. Rules of court  shall
  provide  that  reports  of unexecuted warrants issued under this article
  shall be periodically made to the court.
    (d) In a proceeding to determine abuse, the warrant  shall  contain  a
  statement  clearly marked on the face thereof, that the proceeding could
  lead to a proceeding under the social services law for the commitment of
  guardianship and custody of  the  child  and  that  the  rights  of  the
  respondent  with  respect  to  said  child  may  be  terminated  in such
  proceeding under such law.

  S 1038. Records  and discovery involving abuse and neglect. (a) Each
  hospital and any other public or private agency having  custody  of  any
  records,  photographs  or  other  evidence relating to abuse or neglect,
  upon  the  subpoena  of  the  court,  the  corporation  counsel,  county
  attorney,  district  attorney,  counsel  for  the  child,  or one of the
  parties to the proceeding, shall  be  required  to  send  such  records,
  photographs  or evidence to the court for use in any proceeding relating
  to abuse or  neglect  under  this  article.  Notwithstanding  any  other
  provision  of  law  to  the  contrary, service of any such subpoena on a
  hospital may be made by certified mail, return receipt requested, to the
  director of the hospital.  The court shall establish procedures for  the
  receipt and safeguarding of such records.
    (b)  Pursuant  to  a demand made under rule three thousand one hundred
  twenty of the civil practice law  and  rules,  a  petitioner  or  social
  services  official shall provide to a respondent or the child's attorney
  any records, photographs or other  evidence  demanded  relevant  to  the
  proceeding,  for  inspection  and photocopying. The petitioner or social
  services official may delete the  identity  of  the  persons  who  filed
  reports  pursuant to section four hundred fifteen of the social services
  law, unless such petitioner or official intends to  offer  such  reports
  into evidence at a hearing held pursuant to this article. The petitioner
  or  social services official may move for a protective order to withhold
  records, photographs or evidence which will not be offered into evidence
  and the disclosure of which is likely to endanger the life or health  of
  the child.
    (c)  A  respondent  or  the  child's  attorney  may  move for an order
  directing that any child who is the subject of a proceeding  under  this
  article  be  made available for examination by a physician, psychologist
  or social worker selected by such party  or  the  child's  attorney.  In
  determining  the  motion,  the  court  shall  consider  the  need of the
  respondent or child's attorney for such examination  to  assist  in  the
  preparation  of  the  case  and the potential harm to the child from the
  examination.  Nothing in this section shall preclude  the  parties  from
  agreeing upon a person to conduct such examination without court order.
    Any  examination or interview, other than a physical examination, of a
  child who is the subject of a proceeding under  this  article,  for  the
  purposes  of  offering  expert testimony to a court regarding the sexual
  abuse of the child, as such term is  defined  by  section  one  thousand
  twelve  of  this  article,  may,  in  the  discretion  of  the court, be
  videotaped in its entirety with access to be provided to the court,  the
  child's   attorney   and   all  parties.  In  determining  whether  such
  examination or interview should be videotaped, the court shall  consider
  the effect of the videotaping on the reliability of the examination, the
  effect  of  the  videotaping  on the child and the needs of the parties,
  including the attorney for  the  child,  for  the  videotape.  Prior  to
  admitting  a videotape of an examination or interview into evidence, the
  person conducting such examination or the  person  operating  the  video
  camera  shall  submit  to the court a verified statement confirming that
  such videotape is a complete and unaltered videographic record  of  such
  examination  of  the child. The proponent of entry of the videotape into
  evidence  must  establish  that  the  potential  prejudicial  effect  is
  substantially  outweighed  by  the  probative  value of the videotape in
  assessing the reliability of the validator in  court.  Nothing  in  this
  section  shall  in  any way affect the admissibility of such evidence in
  any other court proceeding. The chief administrator of the courts  shall
  promulgate  regulations  protecting  the confidentiality and security of
  such tapes, and regulating  the  access  thereto,  consistent  with  the
  provisions of this section.
    (d)  Unless  otherwise  proscribed by this article, the provisions and
  limitations of article thirty-one of the civil practice  law  and  rules
  shall apply to proceedings under this article. In determining any motion
  for  a  protective order, the court shall consider the need of the party
  for  the  discovery  to  assist  in  the preparation of the case and any
  potential harm to the child from the discovery.  The court shall  set  a
  schedule for discovery to avoid unnecessary delay.

  S 1038-a.
  Discovery; upon court order. Upon motion of a petitioner or
  attorney for the child, the court may  order  a  respondent  to  provide
  nontestimonial evidence, only if the court finds probable cause that the
  evidence  is  reasonably  related  to  establishing the allegations in a
  petition filed pursuant to this article. Such order may include, but not
  be limited to, provision for the taking of samples of blood, urine, hair
  or other materials from the respondent's body in a manner not  involving
  an  unreasonable  intrusion  or  risk  of serious physical injury to the
  respondent.

  S 1039. Adjournment  in contemplation of dismissal.  (a) Prior to or
  upon a fact-finding  hearing,  the  court  may  upon  a  motion  by  the
  petitioner  with  the consent of the respondent and the child's attorney
  or upon  its  own  motion  with  the  consent  of  the  petitioner,  the
  respondent  and  the  child's  attorney,  order  that  the proceeding be
  "adjourned in contemplation of dismissal". Under no circumstances  shall
  the court order any party to consent to an order under this section. The
  court  may  make such order only after it has apprised the respondent of
  the provisions of this section and it is satisfied that  the  respondent
  understands the effect of such provisions.
    (b)  An adjournment in contemplation of dismissal is an adjournment of
  the proceeding for a period not to  exceed  one  year  with  a  view  to
  ultimate  dismissal  of the petition in furtherance of justice. Upon the
  consent of the petitioner, the respondent and the child's attorney,  the
  court  may  issue  an order extending such period for such time and upon
  such conditions as may be agreeable to the parties.
    (c) Such order may include  terms  and  conditions  agreeable  to  the
  parties  and to the court, provided that such terms and conditions shall
  include a requirement that the child and the  respondent  be  under  the
  supervision  of a child protective agency during the adjournment period.
  In any order issued pursuant to  this  section,  such  agency  shall  be
  directed  to  make  a  progress report to the court, the parties and the
  child's attorney on the implementation of  such  order,  no  later  than
  ninety  days  after  the  issuance  of  such  order,  unless  the  court
  determines that the facts and circumstances of the case do  not  require
  such  reports to be made. The child protective agency shall make further
  reports to the court, the parties  and  the  child's  attorney  in  such
  manner and at such times as the court may direct.
    (d)  Upon  application  of the respondent, the petitioner, the child's
  attorney or upon the court's own motion, made at  any  time  during  the
  duration  of  the  order,  if  the  child  protective  agency has failed
  substantially to provide the respondent with adequate supervision or  to
  observe  the terms and conditions of the order, the court may direct the
  child protective agency to observe such terms and conditions and provide
  adequate supervision or  may  make  any  order  authorized  pursuant  to
  section two hundred fifty-five of this act.
    (e) Upon application of the petitioner or the child's attorney or upon
  the  court's  own  motion,  made  at any time during the duration of the
  order, the court may restore the matter to the calendar,  if  the  court
  finds  after  a  hearing that the respondent has failed substantially to
  observe the terms and conditions of the order or to cooperate  with  the
  supervising  child  protective agency. In such event, unless the parties
  consent to an order pursuant to section one thousand fifty-one  of  this
  act  or  unless  the  petition  is  dismissed  upon  the  consent of the
  petitioner, the court shall thereupon proceed to a fact-finding  hearing
  under  this  article  no  later  than  sixty days after such application
  unless such period is extended by the court for good cause shown.
    (f) If the proceeding is not so restored to the calendar, the petition
  is, at the expiration of the adjournment period,  deemed  to  have  been
  dismissed  by  the court in furtherance of justice unless an application
  is pending  pursuant  to  subdivision  (e)  of  this  section.  If  such
  application  is  granted  the  petition shall not be dismissed and shall
  proceed in accordance with the provisions of such subdivision (e).
    (g) Notwithstanding the provisions of this section, the court, may, at
  any time prior to dismissal of the petition pursuant to subdivision (f),
  issue an order authorized pursuant to section one thousand twenty-seven.

  S 1039-a. Procedures following adjournment in contemplation of
  dismissal. The local child protective service shall notify  the  child's
  attorney  of an indicated report of child abuse or maltreatment in which
  the respondent is a subject of the report or another person named in the
  report, as such terms are defined in section four hundred twelve of  the
  social  services  law,  while  any  order issued pursuant to section one
  thousand thirty-nine or extension thereof remains in effect.

  S 1039-b. Termination of reasonable efforts. (a) In conjunction with,
  or at any time subsequent to, the filing of a petition under section ten
  hundred thirty-one of this chapter, the  social  services  official  may
  file  a  motion upon notice requesting a finding that reasonable efforts
  to return the child to his or her home are no longer required.
    (b) For the purpose of this section, reasonable  efforts  to  make  it
  possible  for the child to return safely to his or her home shall not be
  required where the court determines that:
    (1) the parent of such child has subjected  the  child  to  aggravated
  circumstances,  as  defined  in  subdivision  (j) of section ten hundred
  twelve of this article;
    (2) the parent of such child has been convicted of (i) murder  in  the
  first degree as defined in section 125.27 or murder in the second degree
  as defined in section 125.25 of the penal law and the victim was another
  child of the parent; or (ii) manslaughter in the first degree as defined
  in  section  125.20  or  manslaughter in the second degree as defined in
  section 125.15 of the penal law and the victim was another child of  the
  parent,  provided,  however, that the parent must have acted voluntarily
  in committing such crime;
    (3) the parent of such child has  been  convicted  of  an  attempt  to
  commit  any  of  the foregoing crimes, and the victim or intended victim
  was the child or another child of the parent; or has been  convicted  of
  criminal  solicitation  as defined in article one hundred, conspiracy as
  defined in article one hundred five or criminal facilitation as  defined
  in  article  one  hundred  fifteen  of  the  penal  law  for conspiring,
  soliciting or facilitating any of the foregoing crimes, and  the  victim
  or intended victim was the child or another child of the parent;
    (4)  the  parent  of  such  child has been convicted of assault in the
  second degree as defined in section 120.05, assault in the first  degree
  as  defined  in  section 120.10 or aggravated assault upon a person less
  than eleven years old as defined in section 120.12 of the penal law, and
  the commission of one  of  the  foregoing  crimes  resulted  in  serious
  physical injury to the child or another child of the parent;
    (5)  the  parent  of  such  child  has  been  convicted  in  any other
  jurisdiction of an offense which includes all of the essential  elements
  of  any  crime  specified  in  paragraph  two,  three  or  four  of this
  subdivision, and the victim of such offense was  the  child  or  another
  child of the parent; or
    (6)  the parental rights of the parent to a sibling of such child have
  been involuntarily terminated;
  unless the court determines that providing reasonable efforts  would  be
  in  the  best  interests  of  the  child, not contrary to the health and
  safety of the child, and would likely result in the reunification of the
  parent and the child in the foreseeable future. The  court  shall  state
  such findings in its order.
    (c)  If  the court determines that reasonable efforts are not required
  because of one of the grounds set  forth  above,  a  permanency  hearing
  shall  be  held within thirty days of the finding of the court that such
  efforts are not required. At the permanency  hearing,  the  court  shall
  determine  the  appropriateness  of  the permanency plan prepared by the
  social services official which shall include whether or when the  child:
  (i)  will  be returned to the parent; (ii) should be placed for adoption
  with the social services official filing a petition for  termination  of
  parental  rights;  (iii) should be referred for legal guardianship; (iv)
  should be placed permanently with a fit and  willing  relative;  or  (v)
  should  be placed in another planned permanent living arrangement if the
  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.  The social services official shall thereafter
  make reasonable efforts to place the child in a timely manner, including
  consideration  of  appropriate in-state and out-of-state placements, and
  to complete whatever steps  are  necessary  to  finalize  the  permanent
  placement  of  the child as set forth in the permanency plan approved by
  the court. If reasonable efforts are determined by the court not  to  be
  required  because of one of the grounds set forth in this paragraph, the
  social services official may file a petition for termination of parental
  rights in accordance with section three  hundred  eighty-four-b  of  the
  social services law.
    (d)  For the purpose of this section, in determining reasonable effort
  to be made with respect to  a  child,  and  in  making  such  reasonable
  efforts,  the  child's health and safety shall be the paramount concern;
  and
    (e) For the purpose  of  this  section,  a  sibling  shall  include  a
  half-sibling.

  S 1040. Notice and right to be heard. The foster parent caring for the
  child  or  any  pre-adoptive  parent  or relative providing care for the
  child shall be provided with  notice  of  any  permanency  hearing  held
  pursuant  to  this  article by the social services official. Such foster
  parent, pre-adoptive parent or relative shall have the right to be heard
  at  any  such  hearing;  provided,  however,  no  such  foster   parent,
  pre-adoptive  parent or relative shall be construed to be a party to the
  hearing solely on the basis of such notice and right to  be  heard.  The
  failure  of  the  foster parent, pre-adoptive parent, or relative caring
  for the child to appear at  a  permanency  hearing  shall  constitute  a
  waiver  of  the  right  to be heard and such failure to appear shall not
  cause a delay of the permanency hearing nor shall such failure to appear
  be a ground for the invalidation  of  any  order  issued  by  the  court
  pursuant to this section.

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