New York State Law
Family Court Law
Consolidated Laws of NY's FCA code
Part 6 - Article 7 - Family Court
NEW HEARING AND RECONSIDERATION OF ORDERS
| Section | Description |
|---|---|
| 761 | New hearing. |
| 762 | Staying, modifying, setting aside or vacating order. |
| 763 | Notice of motion. |
| 764 | Petition to terminate placement. |
| 765 | Service of petition; answer. |
| 766 | Examination of petition and answer; hearing. |
| 767 | Orders on hearing. |
| 768 | Successive 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. 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.