New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 6 - Article 7 - Family Court

NEW HEARING AND RECONSIDERATION OF ORDERS

Section Description
761New hearing.
762Staying, modifying, setting aside or vacating order.
763Notice of motion.
764Petition to terminate placement.
765Service of petition; answer.
766Examination of petition and answer; hearing.
767Orders on hearing.
768Successive petitions.
  S 761. New hearing. On its own motion or on motion of any interested
  person acting on behalf of the respondent, the court may for good  cause
  grant a new fact-finding or dispositional hearing under this article.

  S 762. Staying, modifying, setting aside or vacating order. For good
  cause, the court on its own motion or on motion of any interested person
  acting on behalf of the respondent may stay execution  of,  arrest,  set
  aside,  modify  or vacate any order issued in the course of a proceeding
  under this article.

  S 763. Notice of motion. Notice of motion under sections seven hundred
  sixty-one  or seven hundred sixty-two, including the court's own motion,
  shall be served upon  parties  and  any  agency  or  institution  having
  custody  of  the child not less than seven days prior to the return date
  of the motion. The persons on whom the notice of motion is served  shall
  answer  the  motion  not  less  than two days before the return date. On
  examining the motion and answer and, in its  discretion,  after  hearing
  argument,  the  court  shall  enter  an  order,  granting or denying the
  motion.

  S 764.  Petition to terminate placement. Any parent or guardian or duly
  authorized  agency or next friend of a person placed under section seven
  hundred fifty-six may petition to the court for an order terminating the
  placement. The petition must be verified and must show:
    (a) that an application for release of the respondent was made to  the
  duly authorized agency with which the child was placed;
    (b)  that  the application was denied or was not granted within thirty
  days from the day application was made; and
    (c) the grounds for the petition.

  S 765. Service of petition; answer. A copy of a petition under section
  seven  hundred  sixty-four  shall  be  served  promptly  upon  the  duly
  authorized agency or the institution having custody of the person, whose
  duty it is to file an answer to the petition within five days  from  the
  day of service.
  
  S 766. Examination  of petition and answer; hearing. The court shall
  promptly examine the petition and answer. 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 petition.
  
  S 767. Orders  on hearing. (a) If the court determines after hearing
  that continued placement serves the purposes of this article,  it  shall
  deny the petition. The court may, on its own motion, reduce the duration
  of  the  placement,  change  the agency in which the child is placed, or
  direct the agency to make such other arrangements for the person'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  person  from  the custody of the agency and may place the person on
  probation or under the supervision of the court.

  S 768. Successive petitions. If a petition under section seven hundred
  sixty-four  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.

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