New York State Law
Family Court Law
Consolidated Laws of NY's FCA code
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. Top of Page
Index | Article 1 |
Article 2 | Article 3 |
Article 4 | Article 5 |
Article 5A | Article 5B |
Article 6 | Article 7 |
Article 8 | Article 9 |
Article 10 | Article 10A |
Article 10B | Article 10C |
Article 11 | Article 12
The laws of the State of New York are consistently amended, repealed and/or entirely rewritten. This site strives to publish the current laws; however, official reporters should be consulted for the most up-to-date statutory language. No warranties, express or implied, or representations as to the accuracy of content on this website are made. This website and its owners assume no liability or responsibility for any error or omission in the information contained in the website or the operation of the website.