New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 6 - Article 10 - Family Court

NEW HEARING AND RECONSIDERATION OF ORDERS

  S 1061. Staying, modifying, setting aside or vacating order. For good
  cause shown and after due notice, the court on its own motion, on motion
  of the corporation counsel, county attorney or district attorney  or  on
  motion of the petitioner, or on motion of the child or on his behalf, or
  on motion of the parent or other person responsible for the child's care
  may  stay  execution,  of  arrest, set aside, modify or vacate any order
  issued in the course of a proceeding under this article.

  S 1062. Motion to terminate placement. Any interested person acting on
  behalf  of  a child placed under section one thousand fifty-five of this
  article, the child's parent, or the person legally responsible  for  the
  child  may  make  a  motion  to  the  court for an order terminating the
  placement. The motion must:
    (a) show that an application for the child's return to his or her home
  was made to an appropriate person in the place in which  the  child  was
  placed;
    (b)  show  that  the  application was denied or was not granted within
  thirty days from the day application was made; and
    (c) be accompanied by a sworn affidavit stating the  grounds  for  the
  motion.

  S 1063. Service  of motion; answer. A copy of a motion under section
  one thousand sixty-two of this part shall promptly be served by  regular
  mail  upon  the duly authorized agency or the institution having custody
  of the child and upon the child's attorney, each of whose duty it is  to
  file  an  answer  to  the  motion within five days of the receipt of the
  motion.

  S 1064. Examination  of motion and answers; hearing. The court shall
  promptly examine the motion and answers. If the court concludes  that  a
  hearing  should  be had, it may proceed upon due notice to all concerned
  to hear the facts and determine whether continued placement  serves  the
  purposes of this article. If the court concludes that a hearing need not
  be had, it shall enter an order granting or denying the motion.

  S 1065. Orders on hearing. (a) If the court determines after hearing
  that continued placement serves the purposes of this article,  it  shall
  deny  the motion. The court may, on its own motion, determine a schedule
  for the return of the child, change the agency or institution  in  which
  the  child  is  placed, or direct the agency or institution to make such
  other arrangements for the child's care and welfare as the facts of  the
  case may require.
    (b)  If  the  court  determines after hearing that continued placement
  does not serve the purposes of this article, the court  shall  discharge
  the  child  from  the custody of the agency or the institution in accord
  with section one thousand fifty-four of this article.

  S 1066. Successive  motions. If a motion under section one thousand
  sixty-two of this part is denied, it may not be renewed for a period  of
  ninety days after the denial, unless the order of denial permits renewal
  at an earlier time.

  S 1067. Discontinuation  of  treatment by agency or institution.   A
  child placed with  an  authorized  agency  under  section  one  thousand
  fifty-five  shall  be  returned  to the court which entered the order of
  placement, if the agency (a) discontinues or suspends its work; or
    (b) is unwilling to continue to care for the child for the reason that
  support by the state of New York or one of  its  political  subdivisions
  has been discontinued; or
    (c)  so  fundamentally alters its program that the child can no longer
  benefit from it.

  S 1068. Action  on return from agency or institution. If a person is
  returned to the court under section one  thousand  sixty-seven  of  this
  part, the court may make any order that might have been made at the time
  of the order of placement.

  S 1069. Rules  of court. Rules of court may authorize an agency with
  which a child is placed pursuant to section three hundred fifty-five  to
  arrange  for the child's care by another person or authorized agency. In
  the event such an arrangement is made, the agency making the arrangement
  shall, within one week of the making  of  the  arrangement,  advise  the
  court of the change and reason therefor.

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