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Family Court Law

Consolidated Laws of NY's FCA code

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Part 5 - Article 10 - Family Court

ORDERS

  S 1051. Sustaining or dismissing petition.  (a) If facts sufficient to
  sustain  the  petition  are established in accord with part four of this
  article, or if all parties and the attorney for the child  consent,  the
  court  shall,  subject  to  the  provisions  of  subdivision (c) of this
  section, enter an order finding that the child is an abused child  or  a
  neglected child and shall state the grounds for the finding.
    (b)  If  the proof does not conform to the specific allegations of the
  petition, the court may amend the allegations to conform to  the  proof;
  provided,  however,  that  in  such  case  the respondent shall be given
  reasonable time to prepare to answer the amended allegations.
    (c) If facts sufficient to sustain the petition under this article are
  not established, or  if,  in  a  case  of  alleged  neglect,  the  court
  concludes  that  its  aid  is  not required on the record before it, the
  court shall dismiss the petition and  shall  state  on  the  record  the
  grounds for the dismissal.
    (d)  If  the  court  makes  a  finding  of  abuse or neglect, it shall
  determine, based upon the facts adduced during the fact-finding  hearing
  and  any  other  additional facts presented to it, whether a preliminary
  order pursuant to section  one  thousand  twenty-seven  is  required  to
  protect  the child's interests pending a final order of disposition. The
  court shall state the grounds for  its  determination.  In  addition,  a
  child  found  to be abused or neglected may be removed and remanded to a
  place approved for such purpose by the local social services  department
  or  be placed in the custody of a suitable person, pending a final order
  of  disposition,  if  the  court  finds  that  there  is  a  substantial
  probability  that  the  final  order  of disposition will be an order of
  placement under section one thousand fifty-five. In determining  whether
  substantial   probability   exists,   the   court   shall  consider  the
  requirements of subdivision (b) of section one thousand fifty-two.
    (e) If the court makes a  finding  of  abuse,  it  shall  specify  the
  paragraph  or  paragraphs  of  subdivision  (e)  of section one thousand
  twelve of this act which it finds have been established.  If  the  court
  makes  a  finding  of abuse as defined in paragraph (iii) of subdivision
  (e) of section one thousand twelve of this act, it shall make a  further
  finding  of  the  specific sex offense as defined in article one hundred
  thirty of the penal law. In addition to a finding of  abuse,  the  court
  may  enter  a  finding  of severe abuse or repeated abuse, as defined in
  subparagraphs (i), (ii) and (iii) of paragraph (a) or subparagraphs  (i)
  and  (ii) of paragraph (b) of subdivision eight of section three hundred
  eighty-four-b of the social services law, which shall be admissible in a
  proceeding to terminate parental rights pursuant  to  paragraph  (e)  of
  subdivision  four  of  section three hundred eighty-four-b of the social
  services law. If the court makes such additional finding of severe abuse
  or  repeated  abuse,  the  court  shall  state  the  grounds   for   its
  determination, which shall be based upon clear and convincing evidence.
    (f)  Prior  to accepting an admission to an allegation or permitting a
  respondent to consent to a finding of neglect or abuse, the court  shall
  inform  the  respondent that such an admission or consent will result in
  the court making a fact-finding order of neglect or abuse, as  the  case
  may  be,  and  shall  further  inform  the  respondent  of the potential
  consequences of such order, including but not limited to the following:
    (i)  that  the  court  will  have  the  power  to  make  an  order  of
  disposition,  which  may  include  an order placing the subject child or
  children in foster care  until  completion  of  the  initial  permanency
  hearing  scheduled  pursuant to section one thousand eighty-nine of this
  act and subject to successive extensions of placement at any  subsequent
  permanency hearings;
    (ii)  that  the  placement  of the children in foster care may, if the
  parent fails to maintain contact with or plan  for  the  future  of  the
  child, lead to proceedings for the termination of parental rights and to
  the  possibility of adoption of the child if the child remains in foster
  care for fifteen of the most recent twenty-two months, the agency may be
  required by law to file a petition to terminate parental rights;
    (iii)  that  the  report  made  to the state central register of child
  abuse and maltreatment upon which the petition is based will  remain  on
  file until ten years after the eighteenth birthday of the youngest child
  named  in  such  report,  that  the  respondent will be unable to obtain
  expungement of such report, and that the existence of such report may be
  made known to employers seeking to screen  employee  applicants  in  the
  field  of  child  care,  and  to  child  care agencies if the respondent
  applies to become a foster parent or adoptive parent.
    Any finding upon such an admission or consent made without such notice
  being given by the court shall be vacated upon motion of any  party.  In
  no  event  shall a person other than the respondent, either in person or
  in writing, make an admission or consent to  a  finding  of  neglect  or
  abuse.

  S 1052. Disposition  on  adjudication.  (a)  At  the conclusion of a
  dispositional hearing under this article, the court shall enter an order
  of disposition directing one or more of the following:
    (i)  suspending  judgment  in  accord  with   section   one   thousand
  fifty-three of this part; or
    (ii) releasing the child to the custody of his parents or other person
  legally  responsible  in  accord with section one thousand fifty-four of
  this part; or
    (iii) placing the child in accord with section one thousand fifty-five
  of this part; or
    (iv) making an  order  of  protection  in  accord  with  one  thousand
  fifty-six of this part; or
    (v)  placing  the  respondent under supervision in accord with section
  one thousand fifty-seven of this part; or
    (vi) granting custody of the child to relatives  or  suitable  persons
  pursuant to section one thousand fifty-five-b of this part.
    However,  the  court shall not enter an order of disposition combining
  placement of the child under paragraph (iii) of this subdivision with  a
  disposition  under  paragraph  (i) or (ii) of this subdivision. An order
  granting custody of  the  child  pursuant  to  paragraph  (vi)  of  this
  subdivision  shall not be combined with any other disposition under this
  subdivision.
    (b) (i) The order of  the  court  shall  state  the  grounds  for  any
  disposition  made  under  this section. If the court places the child in
  accord with section one thousand fifty-five of this part, the  court  in
  its order shall determine:
    (A)  whether continuation in the child's home would be contrary to the
  best interests of the  child  and  where  appropriate,  that  reasonable
  efforts  were  made  prior to the date of the dispositional hearing held
  pursuant to this article to prevent or eliminate the need for removal of
  the child from his or her home and if the child  was  removed  from  the
  home  prior  to  the  date of such hearing, that such removal was in the
  child's best interests and, where appropriate, reasonable  efforts  were
  made  to  make  it  possible for the child to safely return 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, or if the permanency plan for the
  child is adoption, guardianship or another permanent living  arrangement
  other  than  reunification  with the parent or parents of the child, the
  court order shall include a finding that reasonable  efforts,  including
  consideration  of  appropriate in-state and out-of-state placements, are
  being made to make and finalize such alternate permanent placement.
    For the purpose of this section,  reasonable  efforts  to  prevent  or
  eliminate  the need for removing the child from the home of the child or
  to make it possible for the child to return safely to the  home  of  the
  child shall not be required where, upon motion with notice by the social
  services official, the court determines that:
    (1)  the  parent  of  such child has subjected the child to aggravated
  circumstances, as defined in subdivision (j)  of  section  one  thousand
  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  clause  two,  three  or  four   of   this
  subparagraph,  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.
    (7) If the court determines that reasonable  efforts  are  not  to  be
  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 that includes a significant connection to an  adult  who  is
  willing  to  be  a  permanency  resource  for  the  child, if the social
  services official has documented to the court a  compelling  reason  for
  determining  that  it  would not be in the best interest 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.
    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.
    For  the  purpose  of  this  section,  a  sibling  shall   include   a
  half-sibling;
    (B) if the child has attained the age of sixteen, the services needed,
  if  any,  to assist the child to make the transition from foster care to
  independent living. Where the court finds that the local  department  of
  social  services has not made reasonable efforts to prevent or eliminate
  the need for placement, and that such efforts would be  appropriate,  it
  shall  direct  the  local  department  of  social  services to make such
  efforts pursuant to section one thousand fifteen-a of this article,  and
  shall  adjourn  the  hearing  for  a  reasonable period of time for such
  purpose when the court determines that additional time is necessary  and
  appropriate to make such efforts; and
    (C)  whether  the  local  social  services  district made a reasonable
  search to locate relatives of the child as required pursuant to  section
  one  thousand  seventeen  of this article. In making such determination,
  the court shall consider whether  the  local  social  services  district
  engaged  in a search to locate any non-respondent parent and whether the
  local social services district attempted to locate all  of  the  child's
  grandparents, all suitable relatives identified by any respondent parent
  and  any  non-respondent  parent and all relatives identified by a child
  over the age of five as relatives who play or have played a  significant
  positive role in the child's life.
    (ii)  The court shall also consider and determine whether the need for
  placement of the child would be eliminated by the issuance of  an  order
  of  protection,  as provided for in paragraph (iv) of subdivision (a) of
  this section, directing the removal of a  person  or  persons  from  the
  child's  residence. Such determination shall consider the occurrence, if
  any, of domestic violence in the child's residence.
    (c) Prior to granting an order of disposition pursuant to  subdivision
  (a) of this section following an adjudication of child abuse, as defined
  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
  this act or a finding of a felony sex offense  as  defined  in  sections
  130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65 and 130.70 of the
  penal  law,  the  court  shall advise the respondent that any subsequent
  adjudication of child abuse, as defined in paragraph (i) of  subdivision
  (e) of section one thousand twelve of this act or any subsequent finding
  of  a  felony  sex offense as defined in those sections of the penal law
  herein enumerated, arising out of acts of the respondent may  result  in
  the  commitment  of the guardianship and custody of the child or another
  child pursuant to section three  hundred  eighty-four-b  of  the  social
  services law. The order in such cases shall contain a statement that any
  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
  offense as  described  herein  may  result  in  the  commitment  of  the
  guardianship  and  custody  of  the  child, or another child pursuant to
  section three hundred eighty-four-b of the social services law.

  S 1052-a. Post-dispositional procedures. 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  paragraph  (i),  (iii),  (iv)  or  (v)   of
  subdivision  (a)  of  section  one  thousand fifty-two remains in effect
  against the respondent.

  S 1052-b. Duties of counsel.  1.  If  the  court  has  entered  a
  dispositional order pursuant to section one thousand fifty-two it  shall
  be  the  duty  of  the  respondent's  counsel  promptly  to  advise such
  respondent in writing of his or her right to appeal to  the  appropriate
  appellate  division of the supreme court, the time limitations involved,
  the manner of instituting an appeal and obtaining a  transcript  of  the
  testimony and the right to apply for leave to appeal as a poor person if
  the  respondent  is unable to pay the cost of an appeal. It shall be the
  further duty of such counsel to explain to the respondent the procedures
  for instituting an appeal, the possible reasons upon which an appeal may
  be based and the nature  and  possible  consequences  of  the  appellate
  process.
    2.  It also shall be the duty of such counsel to ascertain whether the
  respondent wishes to appeal and, if so, to serve and file the  necessary
  notice of appeal.

  S 1052-c. Duty  to  report  investigations  to locate non-respondent
  parents or relatives. Upon a determination by  the  court  to  enter  an
  order  of  disposition  placing the child in accordance with section one
  thousand fifty-five of this part, the court  shall  immediately  require
  the local social services district to report to the court the results of
  any  investigation  to  locate any non-respondent parent or relatives of
  the child, including all  of  the  child's  grandparents,  all  suitable
  relatives  identified  by  any  respondent parent and any non-respondent
  parent and all relatives identified by a child over the age of  five  as
  relatives  who  play  or  have played a significant positive role in the
  child's life, as required pursuant to section one thousand seventeen  of
  the  article.    Such  report  shall  include whether any non-respondent
  parent has expressed an interest in seeking  custody  of  the  child  or
  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.

  S 1053. Suspended  judgment.   (a)  Rules  of  court  shall  define
  permissible terms and conditions of a suspended  judgment.  These  terms
  and  conditions  shall  relate to the acts or omissions of the parent or
  other person legally responsible for the care of the child.
    (b) The maximum duration of any  term  or  condition  of  a  suspended
  judgment  is  one year, unless the court finds at the conclusion of that
  period, upon  a  hearing,  that  exceptional  circumstances  require  an
  extension thereof for an additional year.
    (c)  Except  as  provided  for herein, in any order issued pursuant to
  this section, the court may require the child protective agency to  make
  progress  reports to the court, the parties, and the child's attorney on
  the implementation of such order. Where  the  order  of  disposition  is
  issued  upon  the  consent of the parties and the child's attorney, such
  agency shall report to the court, the parties and the  child's  attorney
  no  later  than  ninety days after the issuance of the order, unless the
  court determines that the facts and circumstances of  the  case  do  not
  require such report to be made.

  S 1054. Release to custody of parent or other person responsible for
  care; supervision  or  order  of  protection.    (a)  If  the  order  of
  disposition  releases  the  child to the custody of his or her parent or
  other person legally responsible for his or her care at the time of  the
  filing  of the petition, the court may place the person to whose custody
  the child is released under supervision of a child protective agency  or
  of a social services official or duly authorized agency, or may enter an
  order  of  protection  under section one thousand fifty-six, or both. An
  order of supervision entered under this  section  shall  set  forth  the
  terms  and  conditions of such supervision that the respondent must meet
  and the actions  that  the  child  protective  agency,  social  services
  official   or   duly  authorized  agency  must  take  to  exercise  such
  supervision. Except as provided for herein, in any order issued pursuant
  to this section, the court may require the child  protective  agency  to
  make  progress  reports  to  the  court,  the  parties,  and the child's
  attorney on the  implementation  of  such  order.  Where  the  order  of
  disposition  is  issued  upon the consent of the parties and the child's
  attorney, such agency shall report to the court,  the  parties  and  the
  child's  attorney  no  later  than ninety days after the issuance of the
  order, unless the court determines that the facts and  circumstances  of
  the case do not require such report to be made.
    (b)  Rules  of  court shall define permissible terms and conditions of
  supervision  under  this  section.  The  duration  of  any   period   of
  supervision  shall be for an initial period of no more than one year and
  the court may at the expiration of that period, upon a hearing  and  for
  good  cause  shown, make successive extensions of such supervision of up
  to one year each.

  S 1055. Placement.  (a)  (i)  For  purposes  of section one thousand
  fifty-two of this part the court may place the child in the custody of a
  relative or other suitable person pursuant to this article,  or  of  the
  local commissioner of social services or of such other officer, board or
  department  as  may be authorized to receive children as public charges,
  or a duly authorized association, agency, society or in  an  institution
  suitable  for the placement of a child. The court may also place a child
  who it finds to be a sexually exploited child as defined in  subdivision
  one  of  section  four  hundred forty-seven-a of the social services law
  with the local commissioner of  social  services  for  placement  in  an
  available  long-term  safe  house. The court may also place the child in
  the custody of the local commissioner of social services and 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.
    (ii)  An  order  placing  a  child  directly  with a relative or other
  suitable person pursuant to this part may  not  be  granted  unless  the
  relative  or  other  suitable person consents to the jurisdiction of the
  court. The court may place the person  with  whom  the  child  has  been
  directly  placed  under supervision of a child protective agency, social
  services official or duly authorized agency during the pendency  of  the
  proceeding.  The  court  also  may  issue  an  order of protection under
  section one thousand fifty-six of this part.  An  order  of  supervision
  issued  pursuant  to  this  subdivision  shall  set  forth the terms and
  conditions that the relative  or  suitable  person  must  meet  and  the
  actions  that  the  child protective agency, social services official or
  duly authorized agency must take to exercise such supervision.
    (b) (i) The court shall state on the record  its  findings  supporting
  the  placement  in  any  order of placement made under this section. The
  order of placement shall include, but not be limited to:
    (A) a description of the visitation plan;
    (B) a direction that the respondent or respondents 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, of their right to attend the conference, and of their right to have
  counsel or another representative or companion with them;
    (C)  a  date  certain  for  the  permanency  hearing, which may be the
  previously-scheduled date certain, but  in  no  event  more  than  eight
  months  from  the  date  of  removal  of the child from his or her home.
  Provided, however, that if there is a sibling  or  half-sibling  of  the
  child who was previously removed from the home pursuant to this article,
  the  date  certain  for the permanency hearing shall be the date certain
  previously scheduled for the sibling or half-sibling of  the  child  who
  was  the  first  child  removed  from  the  home,  where such sibling or
  half-sibling has a permanency hearing date certain scheduled within  the
  next eight months, but in no event later than eight months from the date
  of removal of the child from his or her home;
    (D)  a  notice that if the child remains in foster care for fifteen of
  the most recent twenty-two months, the agency may be required by law  to
  file  a  petition  to  terminate  parental rights. A copy of the court's
  order and the service plan shall be given to the respondent; and
    * (E)  where  the  permanency  goal  is return to the parent and it is
  anticipated that the child may be  finally  discharged  to  his  or  her
  parent  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. Children placed under this section shall be  placed  until  the
  court  completes  the  initial  permanency hearing scheduled pursuant to
  article ten-A of this  act.  Should  the  court  determine  pursuant  to
  article  ten-A  of  this  act  that  placement  shall be extended beyond
  completion of the scheduled permanency hearing, such extended  placement
  and  any  such  successive  extensions  of placement shall expire at the
  completion of the next scheduled permanency hearing,  unless  the  court
  shall  determine,  pursuant to article ten-A of this act, to continue to
  extend such placement.
    * NB Sep amd; cannot be together
    * (E) where the permanency goal is return to  the  parent  and  it  is
  anticipated  that  the  child  may  be  finally discharged to his or her
  parent 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
  the  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  a  youth is physically discharged but the local
  social services  district  retains  care  and  custody  or  custody  and
  guardianship  of  the  youth  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 child reaches the age of twenty-one, if a  child  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. Children placed under this section shall be placed  until  the
  court  completes  the  initial  permanency hearing scheduled pursuant to
  article ten-A of this  act.  Should  the  court  determine  pursuant  to
  article  ten-A  of  this  act  that  placement  shall be extended beyond
  completion of the scheduled permanency hearing, such extended  placement
  and  any  such  successive  extensions  of placement shall expire at the
  completion of the next scheduled permanency hearing,  unless  the  court
  shall  determine,  pursuant to article ten-A of this act, to continue to
  extend such placement.
    * NB Sep amd; cannot be put together
    (ii) Upon placing  a  child  under  the  age  of  one,  who  has  been
  abandoned,  with  a  local  commissioner  of  social services, the court
  shall, where either of the parents  do  not  appear  after  due  notice,
  include  in  its  order  of disposition pursuant to section one thousand
  fifty-two of  this  part,  a  direction  that  such  commissioner  shall
  promptly  commence a diligent search to locate the child's non-appearing
  parent or parents or other known relatives who are  legally  responsible
  for  the  child, and to commence a proceeding to commit the guardianship
  and custody of such child to an authorized agency  pursuant  to  section
  three  hundred eighty-four-b of the social services law, six months from
  the date that care and custody of  the  child  was  transferred  to  the
  commissioner, unless there has been communication and visitation between
  such  child  and  such  parent  or  parents  or other known relatives or
  persons legally responsible for the child. In addition to such  diligent
  search  the  local commissioner of social services shall provide written
  notice to the child's parent or parents  or  other  known  relatives  or
  persons  legally  responsible  as  provided  for in this paragraph. Such
  notice shall be served upon  such  parent  or  parents  or  other  known
  relatives  or  persons  legally  responsible  in the manner required for
  service of process pursuant to section six  hundred  seventeen  of  this
  act.  Information  regarding  such  diligent  search, including, but not
  limited to, the  name,  last  known  address,  social  security  number,
  employer's  address  and any other identifying information to the extent
  known regarding the non-appearing  parent,  shall  be  recorded  in  the
  uniform  case  record maintained pursuant to section four hundred nine-f
  of the social services law.
    (iii) Notice as required by paragraph (ii) of this  subdivision  shall
  state:
    (A)  that  the  local commissioner of social services shall initiate a
  proceeding to commit the guardianship and custody of the  subject  child
  to  an authorized agency and that such proceeding shall be commenced six
  months from the date the child was placed in the  care  and  custody  of
  such commissioner with such date to be specified in the notice;
    (B)  that  there  has been no visitation and communication between the
  parent and the child since the child has  been  placed  with  the  local
  commissioner  of  social  services  and  that  if no such visitation and
  communication with the child occurs within six months of  the  date  the
  child  was  placed  with  such  commissioner the child will be deemed an
  abandoned child as defined in section three hundred eighty-four-b of the
  social services law and a proceeding will be  commenced  to  commit  the
  guardianship and custody of the subject child to an authorized agency;
    (C)  that  it is the legal responsibility of the local commissioner of
  social services to reunite and reconcile families whenever possible  and
  to offer services and assistance for that purpose;
    (D)  the name, address and telephone number of the caseworker assigned
  to  the  subject  child  who  can  provide  information,  services   and
  assistance with respect to reuniting the family;
    (E)  that  it  is  the responsibility of the parent, relative or other
  person legally responsible for the child to visit and  communicate  with
  the  child  and  that  such  visitation  and communication may avoid the
  necessity of initiating a petition  for  the  transfer  of  custody  and
  guardianship of the child.
  Such  notice shall be printed in both Spanish and English and contain in
  conspicuous print and in plain language the  information  set  forth  in
  this paragraph.
    (c)  In  addition to or in lieu of an order of placement made pursuant
  to subdivision (b)  of  this  section,  the  court  may  make  an  order
  directing  a  child protective agency, social services official or other
  duly authorized 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. 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 such agency or  official
  including, but not limited to, requirements that such agency or official
  assist  the  parent  or other person 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 non-custodial  parent  and
  grandparents  who  have  obtained  orders pursuant to part eight of this
  article, 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.
    (d)  In  addition to or in lieu of an order of placement made pursuant
  to subdivision (b)  of  this  section,  the  court  may  make  an  order
  directing  a social services official or other duly authorized agency to
  institute a proceeding to legally free the child for  adoption,  if  the
  court  finds  reasonable  cause  to believe that grounds therefor exist.
  Upon a failure by such official or agency to institute such a 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  social services official or other duly
  authorized agency caring for the child, for good cause  shown  and  upon
  due notice to all 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  children  in  a  subsequent  adoption
  proceeding.
    (e) No placement may be made or continued under  this  section  beyond
  the  child's  eighteenth  birthday  without his or her consent and in no
  event past his or her twenty-first birthday. However,  a  former  foster
  care  youth  under  the  age of twenty-one who was previously discharged
  from foster care  due  to  a  failure  to  consent  to  continuation  of
  placement  may make a motion pursuant to section one thousand ninety-one
  of this act 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. In such motion, the youth must consent to
  enrollment in and attendance at a vocational or educational  program  in
  accordance with paragraph two of subdivision (a) of section one thousand
  ninety-one of this act.
    (f)  If  a child is placed in the custody of the local commissioner of
  social services or other officer,  board  or  department  authorized  to
  receive  children  as public charges, such person shall provide for such
  child as authorized by law, including, but not limited to section  three
  hundred ninety-eight of the social services law.
    (g)  If  the  parent or person legally responsible for the care of any
  such child or with whom such child resides  receives  public  assistance
  and  care, any portion of which is attributable to such child, a copy of
  the order of the court providing for the placement of  such  child  from
  his  or  her  home shall be furnished to the appropriate social services
  official, who shall reduce the public assistance and care furnished such
  parent or other  person  by  the  amount  attributable  to  such  child,
  provided, however, that when the child service plan prepared pursuant to
  section  four  hundred nine-e of the social services law includes a goal
  of discharge of the child to the parent or  person  legally  responsible
  for  the care of the child or other member of the household, such social
  services official shall not, to the extent that federal reimbursement is
  available therefor, reduce the portion attributable to such child  which
  is intended to meet the cost of shelter and fuel for heating.
    (h)  Any  order  made  under  this section shall be suspended upon the
  entry of an order of disposition with respect to a child  whose  custody
  and  guardianship  have been committed pursuant to section three hundred
  eighty-four-b of the social services law,  and  shall  expire  upon  the
  expiration  of  the  time  for  appeal  of  such order or upon the final
  determination of any such appeal and any subsequent  appeals  authorized
  by law; provided, however, that where custody and guardianship have been
  committed  pursuant to section three hundred eighty-four-b of the social
  services law or where the child has been surrendered pursuant to section
  three hundred eighty-three-c or three hundred eighty-four of the  social
  services  law,  the  child  shall  nonetheless  be deemed to continue in
  foster care until such time as an adoption or other  alternative  living
  arrangement  is  finalized.  A  permanency hearing or hearings regarding
  such child shall be conducted in accordance with article ten-A  of  this
  act.  Nothing in this subdivision shall cause such order of placement to
  be suspended or to expire with respect to any  parent  or  other  person
  whose  consent  is  required  for  an  adoption against whom an order of
  disposition committing guardianship and custody of  the  child  has  not
  been made.
    (i)  In  making  an  order  under this section, the court may direct a
  local commissioner  of  social  services  to  place  the  subject  child
  together  with  minor  siblings or half-siblings who have been placed in
  the custody of the commissioner, or to provide or  arrange  for  regular
  visitation  and  other  forms  of  communication  between such child and
  siblings where the court finds that such  placement  or  visitation  and
  communication  is  in  the  child's best interests. Placement or regular
  visitation and communication with siblings  or  half-siblings  shall  be
  presumptively  in  the  child's  best interests unless such placement or
  visitation and communication would be contrary to  the  child's  health,
  safety  or  welfare,  or  the  lack of geographic proximity precludes or
  prevents visitation.

  S 1055-a. Substantial  failure of a material condition of surrender;
  enforcement of a contact agreement.   (a)  In  case  of  a  substantial
  failure  of  a  material  condition  in a surrender executed pursuant to
  section three hundred eighty-three-c of the social services law prior to
  finalization of the adoption of  the  child,  the  court  shall  possess
  continuing  jurisdiction  in  accordance  with  subdivision  six of such
  section to rehear the matter upon  the  filing  of  a  petition  by  the
  authorized  agency, the parent or the attorney for the child or whenever
  the court deems necessary. In such case,  the  authorized  agency  shall
  notify the parent, unless such notice is expressly waived by a statement
  written  by  the  parent and appended to or included in such instrument,
  the attorney for the child and the court  that  approved  the  surrender
  within  twenty days of any substantial failure to comply with a material
  condition of the surrender prior to the finalization of the adoption  of
  the  child. In such case, the authorized agency shall file a petition on
  notice to the parent unless notice is expressly waived  by  a  statement
  written by the parent and appended to or included in such instrument and
  the attorney for the child in accordance with this section within thirty
  days  of  such  failure,  except  for good cause shown, in order for the
  court to review such failure and, where necessary, to  hold  a  hearing;
  provided, however, that in the absence of such filing, the parent and/or
  attorney  for the child may file such a petition at any time up to sixty
  days after notification of the failure. Such petition filed by a  parent
  or child's attorney must be filed prior to the adoption of the child.
    (b)  If an agreement for continuing contact and communication pursuant
  to  paragraph  (b)  of  subdivision  two  of   section   three   hundred
  eighty-three-c  of the social services law is approved by the court, and
  the child who is the subject of the approved agreement has not yet  been
  adopted,  any  party  to the approved agreement may file a petition with
  the family court in the county  where  the  agreement  was  approved  to
  enforce  such  agreement.  A  copy  of  the  approved agreement shall be
  annexed to such petition. The  court  shall  enter  an  order  enforcing
  communication  or  contact  pursuant  to the terms and conditions of the
  agreement unless the court finds that enforcement would not  be  in  the
  best interests of the child.
    (c)  Nothing  in  this  section  shall  limit  the rights and remedies
  available to the parties and the attorney  for  the  child  pursuant  to
  section  one hundred twelve-b of the domestic relations law with respect
  to a failure  to  comply  with  a  material  condition  of  a  surrender
  subsequent to the finalization of the adoption of the child.

  S 1055-b. Custody or guardianship with relatives or suitable persons
  pursuant to article six of this act or guardianship with such  a  person
  pursuant  to  article  seventeen of the surrogate's court procedure act.
  (a) At the conclusion of the dispositional hearing under  this  article,
  the  court  may  enter  an  order  of  disposition  granting  custody or
  guardianship of the child to a relative or other suitable  person  under
  article six of this act or an order of guardianship of the child to such
  a  person under article seventeen of the surrogate's court procedure act
  if:
    (i) the relative or suitable person has filed a petition  for  custody
  or  guardianship  of  the child pursuant to article six of this act or a
  petition for guardianship of the child under article  seventeen  of  the
  surrogate's court procedure act; and
    (ii)  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 safety of the child will not be  jeopardized  if  the
  respondent  or  respondents under the child protective proceeding are no
  longer under supervision or receiving services. 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 social services district  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  the fact-finding hearing
  pursuant to section one thousand fifty-one of this part and a permanency
  hearing pursuant to section one thousand eighty-nine 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
    (iii)  the  court  finds  that granting custody or guardianship of the
  child to the relative or suitable person under article six of  this  act
  or  granting guardianship of the child to the relative or other suitable
  person under article seventeen of the surrogate's  court  procedure  act
  will provide the child with a safe and permanent home; and
    (iv)  all  parties  to  the child protective proceeding 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; or
    (v) after a consolidated dispositional hearing on the child protective
  petition and the petition under article six of this act or under 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; or
    (B) if a party other than the 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  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  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, that a fact-finding
  hearing  pursuant  to  section one thousand fifty-one of this part and a
  permanency hearing pursuant to section one thousand eighty-nine of  this
  chapter  has  occurred,  and  the  compelling  reasons  that  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 for the child, and shall constitute the
  final disposition of the child  protective  proceeding.  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
  under  this  section or granting guardianship under article seventeen of
  the surrogate's court procedure act.
    (c) As part of the order granting custody or guardianship pursuant  to
  article six of this act or granting 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 or the order of guardianship granted pursuant to
  article seventeen of the  surrogate's  court  procedure  act;  provided,
  however, if the guardian and the local department of social services had
  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
  regarding custody or guardianship of the child.
    (d)  An  order  entered in accordance with this section shall conclude
  the court's jurisdiction over  the  proceeding  held  pursuant  to  this
  article  and  the court shall not maintain jurisdiction over the parties
  for the purposes of permanency hearings held pursuant to  article  ten-A
  of this act.
    (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.
  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.

  S 1056. Order  of  protection.  1.  The  court  may make an order of
  protection in assistance or as a condition of any other order made under
  this part. Such order of protection shall remain in effect  concurrently
  with,  shall  expire  no  later  than the expiration date of, and may be
  extended concurrently with, such  other  order  made  under  this  part,
  except  as  provided  in  subdivision four of this section. The order of
  protection may  set  forth  reasonable  conditions  of  behavior  to  be
  observed for a specified time by a person who is before the court and is
  a  parent  or  a  person legally responsible for the child's care or the
  spouse of the parent or other person legally responsible for the child's
  care, or both. Such an order may require any such person
    (a) to  stay  away  from  the  home,  school,  business  or  place  of
  employment of the other spouse, parent or person legally responsible for
  the  child's care or the child, and to stay away from any other specific
  location designated by the court;
    (b) to permit a parent, or a person entitled to visitation by a  court
  order or a separation agreement, to visit the child at stated periods;
    (c)  to  refrain  from  committing  a  family  offense,  as defined in
  subdivision one of section eight hundred twelve  of  this  act,  or  any
  criminal  offense  against  the  child  or  against  the other parent or
  against any person to whom custody of the  child  is  awarded,  or  from
  harassing, intimidating or threatening such persons;
    (d)  to  permit  a  designated  party  to enter the residence during a
  specified period of time in order to remove personal belongings  not  in
  issue in this proceeding or in any other proceeding or action under this
  act or the domestic relations law;
    (e)  to  refrain  from  acts  of commission or omission that create an
  unreasonable risk to the health, safety and welfare of a child;
    (f) to provide, either directly or by  means  of  medical  and  health
  insurance,  for expenses incurred for medical care and treatment arising
  from the incident or incidents forming the basis for the issuance of the
  order;
    (g) 1. to refrain from  intentionally  injuring  or  killing,  without
  justification,  any  companion  animal the respondent knows to be owned,
  possessed, leased, kept or held by the person protected by the order  or
  a minor child residing in such person's household.
    2.  "Companion  animal",  as used in this section, shall have the same
  meaning as in subdivision five of section three  hundred  fifty  of  the
  agriculture and markets law;
    (h)  1.  to  promptly return specified identification documents to the
  protected party, in whose favor the order  of  protection  or  temporary
  order  of  protection is issued; provided, however, that such order may:
  (A) include any appropriate provision designed to ensure that  any  such
  document  is  available  for  use  as  evidence  in this proceeding, and
  available if necessary for legitimate use by the party against whom such
  order is issued; and (B) specify the manner in which such  return  shall
  be accomplished.
    2.  For  purposes  of  this paragraph, "identification document" shall
  mean any of the following: (A) exclusively in the name of the  protected
  party:   birth  certificate,  passport,  social  security  card,  health
  insurance or other benefits card, a card  or  document  used  to  access
  bank,  credit  or  other financial accounts or records, tax returns, any
  driver's license, and immigration documents including but not limited to
  a United States permanent resident  card  and  employment  authorization
  document;  and (B) upon motion and after notice and an opportunity to be
  heard, any of the following, including those that may reflect joint  use
  or   ownership,   that  the  court  determines  are  necessary  and  are
  appropriately transferred to the protected party: any card  or  document
  used  to access bank, credit or other financial accounts or records, tax
  returns, and any other identifying cards and documents; and
    (i)  to  observe such other conditions as are necessary to further the
  purposes of protection.
    2. The court may also award custody of the child, during the  term  of
  the  order of protection to either parent, or to an appropriate relative
  within the second degree. Nothing in this section gives the court  power
  to  place  or board out any child or to commit a child to an institution
  or agency. In making orders of protection, the court shall so act as  to
  insure  that in the care, protection, discipline and guardianship of the
  child his religious faith shall be preserved and protected.
    3. Notwithstanding the foregoing provisions, an order  of  protection,
  or  temporary  order  of  protection  where  applicable,  may be entered
  against a former  spouse  and  persons  who  have  a  child  in  common,
  regardless  of  whether  such  persons  have  been married or have lived
  together at any time,  or  against  a  member  of  the  same  family  or
  household  as defined in subdivision one of section eight hundred twelve
  of this act.
    4. The court may enter an order of  protection  independently  of  any
  other  order  made under this part, against a person who was a member of
  the child's household or a person  legally  responsible  as  defined  in
  section  one  thousand  twelve  of  this chapter, and who is no longer a
  member of such household at the time of the disposition and who  is  not
  related  by  blood  or  marriage to the child or a member of the child's
  household. An order of protection entered pursuant to  this  subdivision
  may  be for any period of time up to the child's eighteenth birthday and
  upon such conditions as the court deems necessary and proper to  protect
  the health and safety of the child and the child's caretaker.
    5.  The  court  may  issue  an  order, pursuant to section two hundred
  twenty-seven-c of the real property law, authorizing the party for whose
  benefit any order of protection has been issued to terminate a lease  or
  rental  agreement  pursuant to section two hundred twenty-seven-c of the
  real property law.
    6. In any proceeding pursuant to this article, a court shall not  deny
  an  order  of  protection,  or dismiss an application for such an order,
  solely on the basis that the acts or events alleged are  not  relatively
  contemporaneous  with  the  date of the application or the conclusion of
  the action. The duration of any temporary order shall not by itself be a
  factor in determining the length or issuance of any final order.
    7. The protected party in whose  favor  the  order  of  protection  or
  temporary  order  of  protection is issued may not be held to violate an
  order issued in his or  her  favor  nor  may  such  protected  party  be
  arrested for violating such order.

  S 1056-a. Firearms; surrender and license suspension, revocation and
  ineligibility. Upon the issuance of an order of protection or  temporary
  order  of protection, or upon a violation of such order, the court shall
  make an order in accordance with section eight  hundred  forty-two-a  of
  this act.

  S 1057. Supervision.  The  court  may  place  the  respondent  under
  supervision of a  child  protective  agency  or  of  a  social  services
  official  or  duly  authorized  agency.  An order of supervision entered
  under this section shall set forth the  terms  and  conditions  of  such
  supervision that the respondent must meet and the actions that the child
  protective  agency,  social  services official or duly authorized agency
  must take to exercise such supervision. Except as provided  for  herein,
  in  any order issued pursuant to this section, the court may require the
  child protective agency to make  progress  reports  to  the  court,  the
  parties,  and  the child's attorney on the implementation of such order.
  Where the order of disposition is issued upon the consent of the parties
  and the child's attorney, such agency shall report  to  the  court,  the
  parties  and  the  child's  attorney no later than ninety days after the
  issuance of the order, unless the court determines that  the  facts  and
  circumstances  of  the case do not require such report to be made. Rules
  of court shall define permissible terms and  conditions  of  supervision
  under  this  section. The duration of any period of supervision shall be
  for an initial period of no more than one year and the court may at  the
  expiration of that period, upon a hearing and for good cause shown, make
  successive extensions of such supervision of up to one year each.

  S 1058. Expiration  of orders. No later than sixty days prior to the
  expiration of an order issued pursuant to paragraph (i), (ii), (iv),  or
  (v) of subdivision (a) of section one thousand fifty-two of this part or
  prior to the conclusion of the period of an adjournment in contemplation
  of  dismissal  pursuant  to  section  one  thousand  thirty-nine of this
  article, where no application has been made seeking  extension  of  such
  orders   or   adjournments  and,  with  respect  to  an  adjournment  in
  contemplation of dismissal, no  violations  of  the  court's  order  are
  before  the court, the child protective agency shall, whether or not the
  child has been or will be returned to the family, report to  the  court,
  the  parties,  including  any  non-respondent  parent  and  the  child's
  attorney on the status and circumstances of the child and family and any
  actions taken or contemplated by such agency with respect to such  child
  and family.

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