S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10348

                          I N  A S S E M B L Y

                              May 24, 2012
                               ___________

Introduced  by  M.  of A. PAULIN, CASTRO, ROBINSON, COOK, GALEF, GIBSON,
  GUNTHER, JAFFEE, MILLMAN, P. RIVERA, SCARBOROUGH, ZEBROWSKI --  Multi-
  Sponsored  by -- M. of A.  GOTTFRIED, WEISENBERG -- (at request of the
  Office of Court Administration) --  read  once  and  referred  to  the
  Committee on Children and Families

AN ACT to amend the family court act, in relation to permanency planning
  in juvenile delinquency and persons in need of supervision proceedings
  in family court

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 312.1 of the family court act is amended by  adding
a new subdivision 4 to read as follows:
  4.  UPON  THE FILING OF A PETITION UNDER THIS ARTICLE, THE PRESENTMENT
AGENCY SHALL NOTIFY ANY NON-CUSTODIAL PARENTS OF THE RESPONDENT WHO  HAD
NOT  BEEN  ISSUED  A  SUMMONS IN ACCORDANCE WITH SUBDIVISION ONE OF THIS
SECTION, PROVIDED THAT THE ADDRESSES  OF  ANY  SUCH  PARENTS  HAVE  BEEN
PROVIDED.  THE PROBATION DEPARTMENT AND PRESENTMENT AGENCY SHALL ASK THE
CUSTODIAL PARENT OR PERSON LEGALLY RESPONSIBLE FOR INFORMATION REGARDING
ANY OTHER PARENT OR PARENTS OF THE RESPONDENT. THE NOTICE  SHALL  INFORM
THE  PARENT  OR  PARENTS  OF  THE RIGHT TO APPEAR AND PARTICIPATE IN THE
PROCEEDING AND TO SEEK TEMPORARY RELEASE OR,  UPON  DISPOSITION,  DIRECT
PLACEMENT  OF  THE  RESPONDENT.  THE  PRESENTMENT  AGENCY SHALL SEND THE
NOTICE TO THE NON-CUSTODIAL PARENT AT LEAST FIVE DAYS BEFORE THE  RETURN
DATE.  THE FAILURE OF A PARENT ENTITLED TO NOTICE TO APPEAR SHALL NOT BE
CAUSE FOR DELAY OF THE RESPONDENT'S INITIAL APPEARANCE,  AS  DEFINED  BY
SECTION 320.1 OF THIS ARTICLE.
  S  2.  Subdivision  2  of  section  320.2  of the family court act, as
amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  2.  At  the  initial  appearance the court must appoint an attorney to
represent the respondent pursuant  to  the  provisions  of  section  two
hundred  forty-nine  OF  THIS ACT if independent legal representation is
not available to  such  respondent.    WHENEVER  AN  ATTORNEY  HAS  BEEN
APPOINTED BY THE FAMILY COURT TO REPRESENT A CHILD IN A PROCEEDING UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15383-01-2

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THIS  ARTICLE,  SUCH  APPOINTMENT  SHALL  CONTINUE WITHOUT FURTHER COURT
ORDER OR APPOINTMENT DURING THE PERIOD COVERED BY ANY ORDER OF  DISPOSI-
TION  ISSUED BY THE COURT, AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL,
OR ANY EXTENSION OR VIOLATION THEREOF, OR DURING ANY PERMANENCY HEARING,
OTHER  POST-DISPOSITIONAL  PROCEEDING OR APPEAL. ALL NOTICES AND REPORTS
REQUIRED BY LAW SHALL BE PROVIDED TO  SUCH  ATTORNEY.  SUCH  APPOINTMENT
SHALL  CONTINUE  UNLESS ANOTHER APPOINTMENT OF AN ATTORNEY HAS BEEN MADE
BY THE COURT OR UNLESS SUCH ATTORNEY MAKES APPLICATION TO THE  COURT  TO
BE RELIEVED OF HIS OR HER APPOINTMENT. UPON APPROVAL OF SUCH APPLICATION
TO  BE RELIEVED, THE COURT SHALL IMMEDIATELY APPOINT ANOTHER ATTORNEY TO
WHOM ALL NOTICES AND REPORTS REQUIRED BY  LAW  SHALL  BE  PROVIDED.  THE
ATTORNEY  FOR  THE RESPONDENT SHALL BE ENTITLED TO COMPENSATION PURSUANT
TO APPLICABLE PROVISIONS OF LAW FOR SERVICES RENDERED UP TO AND  INCLUD-
ING  DISPOSITION OF THE PETITION. THE ATTORNEY SHALL, BY SEPARATE APPLI-
CATION, BE ENTITLED TO COMPENSATION  FOR  SERVICES  RENDERED  AFTER  THE
DISPOSITION  OF THE PETITION. NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO LIMIT THE AUTHORITY OF THE COURT TO REMOVE AN ATTORNEY  FROM  HIS  OR
HER ASSIGNMENT.
  S  3. Section 353.3 of the family court act is amended by adding a new
subdivision 4-a to read as follows:
  4-A. (A) WHERE THE RESPONDENT IS PLACED WITH THE  OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES  OR  THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
DISTRICT PURSUANT TO SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION, THE
DISPOSITIONAL ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED BY REFER-
ENCE INTO THE ORDER SHALL INCLUDE:
  (I) A DESCRIPTION OF THE PLAN TO  FACILITATE  VISITATION  BETWEEN  THE
RESPONDENT AND HIS OR HER FAMILY;
  (II)  A  SERVICE  PLAN,  IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET
BEEN DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE  COURT  AND
DELIVERED  TO  THE  PRESENTMENT  AGENCY, ATTORNEY FOR THE RESPONDENT AND
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
CARE OF THE RESPONDENT NO LATER THAN SIXTY DAYS FROM THE DATE THE DISPO-
SITION WAS MADE; AND
  (III) A DIRECTION THAT THE  PARENT  OR  PARENTS  OR  OTHER  PERSON  OR
PERSONS  LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY
PLANNING 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 CONFERENCES, AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER REPRESEN-
TATIVE OR COMPANION WITH THEM.
  (B) A COPY OF THE COURT'S ORDER AND ATTACHMENTS SHALL BE GIVEN TO  THE
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
CARE  OF  THE  RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF
THE RESPONDENT REMAINS IN PLACEMENT FOR FIFTEEN OF THE MOST RECENT TWEN-
TY-TWO MONTHS, THE AGENCY WITH WHICH THE CHILD IS PLACED MAY BE REQUIRED
BY LAW TO FILE A PETITION TO TERMINATE THE PARENTAL RIGHTS OF THE PARENT
OR PARENTS OF THE RESPONDENT.
  S 4. Paragraphs (a), (b) and (c) of subdivision 7 of section 353.3  of
the family court act, as amended by section 6 of part G of chapter 58 of
the laws of 2010, are amended to read as follows:
  (a)  Where  the respondent is placed pursuant to subdivision two [or],
three OR FOUR of this section and where the agency  is  not  seeking  an
extension  of the placement pursuant to section 355.3 of this part, such
report shall be submitted not  later  than  thirty  days  prior  to  the
conclusion of the placement.
  (b)  Where  the respondent is placed pursuant to subdivision two [or],
three OR FOUR of this section and where the agency is seeking an  exten-

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sion  of  the  placement  pursuant  to  section 355.3 of this part and a
permanency hearing pursuant to section 355.5 of this part,  such  report
shall  be submitted not later than sixty days prior to the date on which
the permanency hearing must be held and shall be annexed to the petition
for a permanency hearing and extension of placement.
  (c)  Where  the respondent is placed pursuant to subdivision two [or],
three OR FOUR of this section, such report shall contain a plan for  the
release,  or conditional release (pursuant to section five hundred ten-a
of the executive law), of the respondent to the custody of  his  or  her
parent  or other person legally responsible, to independent living or to
another permanency alternative as provided in paragraph (d) of  subdivi-
sion  seven  of  section 355.5 of this part.  FOR PURPOSES OF THIS PARA-
GRAPH, "PLACEMENT AGENCY" SHALL REFER TO  THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT
OR THE AUTHORIZED AGENCY UNDER CONTRACT WITH THE OFFICE OF CHILDREN  AND
FAMILY  SERVICES  OR  COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT
WITH WHOM THE RESPONDENT HAS BEEN PLACED.   THE RELEASE  OR  CONDITIONAL
RELEASE PLAN SHALL PROVIDE AS FOLLOWS:
  (I)  If  the respondent is subject to article sixty-five of the educa-
tion law or elects to participate in an educational program leading to a
high school diploma, such plan shall include, but not be limited to, the
steps that the agency with which the respondent is placed has taken  and
will be taking IN CONJUNCTION WITH THE LOCAL EDUCATION AGENCY to [facil-
itate]  ENSURE  the  IMMEDIATE  enrollment  of  the respondent in [a] AN
APPROPRIATE school or educational  program  leading  to  a  high  school
diploma  [following]  WITHIN  FIVE  DAYS OF release, or, if such release
occurs during the summer recess, IMMEDIATELY upon  the  commencement  of
the  next  school term.  THE PLACEMENT AGENCY SHALL ASCERTAIN THE SCHOOL
CALENDAR FROM THE SCHOOL DISTRICT AND SHALL,  TO  THE  EXTENT  POSSIBLE,
WORK WITH THE SCHOOL DISTRICT SO THAT THE TIMING OF RESPONDENT'S RELEASE
FROM  THE  PROGRAM AND ENROLLMENT IN SCHOOL ARE MINIMALLY DISRUPTIVE FOR
THE RESPONDENT AND FURTHER HIS OR HER  BEST  INTERESTS.  NOT  LESS  THAN
FOURTEEN  DAYS  PRIOR  TO THE RESPONDENT'S RELEASE, THE PLACEMENT AGENCY
SHALL NOTIFY THE SCHOOL DISTRICT WHERE THE RESPONDENT WILL BE  ATTENDING
SCHOOL  AND  TRANSFER  ALL NECESSARY RECORDS, INCLUDING, BUT NOT LIMITED
TO, THE RESPONDENT'S  COURSE  OF  STUDY,  CREDITS  EARNED  AND  ACADEMIC
RECORD.
  (II) IF THE PLACEMENT AGENCY HAS REASON TO BELIEVE THAT THE RESPONDENT
MAY  HAVE  A  DISABILITY OR IF THE RESPONDENT HAD BEEN FOUND ELIGIBLE TO
RECEIVE SPECIAL EDUCATION SERVICES PRIOR TO OR DURING THE PLACEMENT,  IN
ACCORDANCE  WITH  ARTICLE  EIGHTY-NINE  OF  THE EDUCATION LAW, SUCH PLAN
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE STEPS THAT THE PLACEMENT AGEN-
CY HAS TAKEN AND WILL BE TAKING TO ENSURE THAT THE LOCAL EDUCATION AGEN-
CY MAKES ANY NECESSARY REFERRALS OR  ARRANGES  FOR  SPECIAL  EDUCATIONAL
EVALUATIONS  OR SERVICES, AS APPROPRIATE, AND PROVIDES NECESSARY RECORDS
IMMEDIATELY IN ACCORDANCE WITH STATE AND FEDERAL LAW.
  (III) If the respondent is not subject to article  sixty-five  of  the
education  law  and  does  not  elect  to  participate in an educational
program leading to a high school diploma, such plan shall  include,  but
not  be  limited to, the steps that the agency with which the respondent
is placed has taken and will be  taking  to  assist  the  respondent  to
become  gainfully employed or enrolled in a vocational program following
release.
  S 5. The opening paragraph of subdivision 2, the opening paragraph  of
subdivision  3,  subdivision 5, subdivision 6 and paragraphs (b) and (d)
of subdivision 7 of section 355.5 of the family court act,  the  opening

A. 10348                            4

paragraph of subdivision 2 and the opening paragraph of subdivision 3 as
amended  by chapter 145 of the laws of 2000, subdivision 5 and paragraph
(b) of subdivision 7 as added by chapter 7 of the laws of 1999, subdivi-
sion  6  as amended by section 1 of part B of chapter 327 of the laws of
2007, and paragraph (d) of subdivision 7 as amended by  chapter  181  of
the  laws of 2000, are amended and a new subdivision 10 is added to read
as follows:
  Where a respondent is placed with a commissioner of social services or
the office of children and family services pursuant to SUBDIVISION  TWO,
THREE  OR  FOUR  OF section 353.3 of this [article] PART for a period of
twelve or fewer months and resides in a foster home or IN  A  non-secure
OR LIMITED SECURE facility[;]:
  Where a respondent is placed with a commissioner of social services or
the  office of children and family services pursuant to SUBDIVISION TWO,
THREE OR FOUR OF section 353.3 of this [article] PART for  a  period  in
excess  of twelve months and resides in a foster home or in a non-secure
OR LIMITED SECURE facility[;]:
  5. A petition for an initial or subsequent permanency hearing shall be
filed by the office of children and family services or  by  the  commis-
sioner  of  social  services  with whom the respondent was placed.  Such
petition shall be filed no later than sixty days prior to the end of the
month in which an initial or subsequent permanency hearing must be held,
as directed in subdivision two of this section.  THE PETITION  SHALL  BE
ACCOMPANIED  BY A PERMANENCY REPORT THAT CONFORMS TO THE REQUIREMENTS OF
SUBDIVISION (C) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT.
  6.  THE RESPONDENT AND HIS OR HER ATTORNEY SHALL BE  NOTIFIED  OF  THE
HEARING  AND  OF  THE  RESPONDENT'S  RIGHT TO BE HEARD AND A COPY OF THE
PERMANENCY PETITION AND ACCOMPANYING REPORT  FILED  IN  ACCORDANCE  WITH
SUBDIVISION  FIVE  OF  THIS  SECTION SHALL BE SERVED ON THE RESPONDENT'S
ATTORNEY. The foster parent caring for the respondent or  any  pre-adop-
tive  parent  or  relative  providing  care  for the respondent shall be
provided with notice of any permanency hearing  held  pursuant  to  this
section  by  the  office  of  children  and family services or the LOCAL
commissioner of social services with whom  the  respondent  was  placed.
Such  foster  parent,  pre-adoptive  parent  and relative shall have the
right to be heard at any such hearing; provided, however, no such foster
parent, pre-adoptive parent or relative shall be construed to be a party
to the hearing solely on the basis of such notice and right to be heard.
The failure of the  foster  parent,  pre-adoptive  parent,  or  relative
caring  for  the  [child]  RESPONDENT  to appear at a permanency hearing
shall constitute a waiver of the right to be heard and such  failure  to
appear  shall not cause a delay of the permanency hearing nor shall such
failure to appear be a ground for the invalidation of any  order  issued
by the court pursuant to this section.
  (b)  in the case of a respondent who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the respondent to  make
the transition from foster care to independent living;
  (d)  with  regard  to the completion of placement ordered by the court
pursuant to section 353.3 or 355.3 of this [article] PART:  whether  and
when the respondent: (i) will be returned to the parent OR PARENTS; (ii)
should  be  placed  for  adoption  with the local commissioner of social
services filing a petition for termination  of  parental  rights;  (iii)
should  be referred for legal guardianship; (iv) should be placed perma-
nently 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 WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD

A. 10348                            5

if  the office of children and family services or the local commissioner
of social services has documented to the court a compelling  reason  for
determining  that it would not be in the best interest of the respondent
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; and
  10. (A) IF THE ORDER RESULTING FROM THE PERMANENCY HEARING EXTENDS THE
RESPONDENT'S  PLACEMENT  PURSUANT  TO  SECTION  355.3  OF THIS PART IN A
FOSTER HOME OR NON-SECURE OR LIMITED SECURE FACILITY OR IF THE  RESPOND-
ENT  CONTINUES  IN SUCH PLACEMENT UNDER A PRIOR ORDER OF PLACEMENT OR AN
EXTENSION THEREOF, THE ORDER OR AN ATTACHMENT TO THE ORDER  INCORPORATED
INTO THE ORDER BY REFERENCE SHALL INCLUDE:
  (I)  A  DESCRIPTION  OF  THE PLAN TO FACILITATE VISITATION BETWEEN THE
RESPONDENT AND HIS OR HER FAMILY;
  (II) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
  (III) A DIRECTION THAT THE  PARENT  OR  PARENTS  OR  OTHER  PERSON  OR
PERSONS  LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY
PLANNING CONFERENCES, INCLUDING THOSE HELD PURSUANT TO SUBDIVISION THREE
OF SECTION FOUR HUNDRED NINE-E OF THE  SOCIAL  SERVICES  LAW,  OF  THEIR
RIGHT  TO  ATTEND  THE  CONFERENCES,  AND THEIR RIGHT TO HAVE COUNSEL OR
ANOTHER REPRESENTATIVE OR COMPANION WITH THEM.
  (B) WHERE THE COURT DETERMINES THAT REASONABLE EFFORTS IN THE FORM  OF
SERVICES  OR  ASSISTANCE  TO  THE RESPONDENT AND HIS OR HER FAMILY WOULD
FURTHER THE RESPONDENT'S NEEDS AND  BEST  INTERESTS  AND  THE  NEED  FOR
PROTECTION  OF THE COMMUNITY AND WOULD MAKE IT POSSIBLE FOR THE RESPOND-
ENT TO SAFELY RETURN HOME OR  TO  MAKE  THE  TRANSITION  TO  INDEPENDENT
LIVING,  THE  COURT  MAY  INCLUDE  IN  ITS ORDER A DIRECTION FOR A LOCAL
SOCIAL SERVICES, MENTAL HEALTH OR PROBATION OFFICIAL OR AN  OFFICIAL  OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES OR OFFICE OF METAL HEALTH, AS
APPLICABLE,  TO  PROVIDE  OR  ARRANGE  FOR  THE PROVISION OF SERVICES OR
ASSISTANCE TO THE RESPONDENT AND HIS OR HER FAMILY. SUCH ORDER REGARDING
A LOCAL SOCIAL SERVICES OFFICIAL SHALL NOT INCLUDE THE PROVISION OF  ANY
SERVICE  OR  ASSISTANCE  TO THE RESPONDENT AND HIS OR HER FAMILY THAT IS
NOT AUTHORIZED OR REQUIRED TO BE MADE AVAILABLE PURSUANT TO  THE  COUNTY
CHILD  AND  FAMILY  SERVICES  PLAN  THEN  IN EFFECT. IN ANY ORDER ISSUED
PURSUANT TO THIS SECTION, THE COURT MAY REQUIRE  THE  OFFICIAL  TO  MAKE
PERIODIC  PROGRESS  REPORTS  TO  THE COURT ON THE IMPLEMENTATION OF SUCH
ORDER. VIOLATION OF SUCH ORDER SHALL BE SUBJECT TO  PUNISHMENT  PURSUANT
TO SECTION SEVEN HUNDRED FIFTY-THREE OF THE JUDICIARY LAW.
  (C)  A COPY OF THE COURT'S ORDER AND THE ATTACHMENTS SHALL BE GIVEN TO
THE RESPONDENT AND HIS OR HER ATTORNEY AND TO THE RESPONDENT'S PARENT OR
PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE  RESPOND-
ENT.  THE  ORDER  SHALL  ALSO  CONTAIN  A  NOTICE THAT IF THE RESPONDENT
REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO MONTHS,
THE AGENCY WITH WHICH THE RESPONDENT IS PLACED MAY BE REQUIRED BY LAW TO
FILE A PETITION TO TERMINATE  THE  PARENTAL  RIGHTS  OF  THE  PARENT  OR
PARENTS OF THE RESPONDENT.
  S  6.  Section  736 of the family court act is amended by adding a new
subdivision 4 to read as follows:
  (4) IN ANY PROCEEDING UNDER THIS ARTICLE, THE COURT SHALL CAUSE A COPY
OF THE PETITION AND NOTICE OF THE TIME AND  PLACE  TO  BE  HEARD  TO  BE
SERVED  UPON  ANY  NON-CUSTODIAL PARENT OF THE RESPONDENT, PROVIDED THAT
THE ADDRESS OF SUCH PARENT IS KNOWN TO OR IS ASCERTAINABLE BY THE COURT.
SERVICE SHALL BE MADE BY ORDINARY FIRST CLASS MAIL AT SUCH PARENT'S LAST
KNOWN RESIDENCE. THE FAILURE OF SUCH PARENT TO APPEAR SHALL NOT BE CAUSE
FOR DELAY OF THE PROCEEDINGS.

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  S 7. Subdivision (a) of section  741  of  the  family  court  act,  as
amended by chapter 41 of the laws of 2010, is amended and a new subdivi-
sion (d) is added to read as follows:
  (a)  At  the initial appearance of a respondent in a proceeding and at
the commencement of any hearing under this article, the  respondent  and
his  or  her  parent  or other person legally responsible for his or her
care shall be advised of the respondent's right to remain silent and  of
the respondent's right to be represented by counsel chosen by him or her
or  his or her parent or other person legally responsible for his or her
care, or by an attorney assigned by the court under part four of article
two OF THIS ACT.  [Provided, however, that in] IN the event of the fail-
ure of the respondent's parent or other person legally  responsible  for
his  or  her care to appear, after reasonable and substantial effort has
been made to notify such parent or responsible person of  the  commence-
ment  of  the  proceeding  and  such initial appearance, the court shall
appoint an attorney for the respondent and shall,  unless  inappropriate
also appoint a guardian ad litem for such respondent, and in such event,
shall  inform  the  respondent  of  such  rights in the presence of such
attorney and any guardian ad litem.
  (D) WHENEVER AN ATTORNEY HAS BEEN APPOINTED BY  THE  FAMILY  COURT  TO
REPRESENT  A  RESPONDENT  IN A PROCEEDING UNDER THIS ARTICLE PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH APPOINTMENT SHALL CONTINUE WITHOUT
FURTHER COURT ORDER OR APPOINTMENT DURING AN ORDER OF DISPOSITION ISSUED
BY THE COURT, AN ADJOURNMENT  IN  CONTEMPLATION  OF  DISMISSAL,  OR  ANY
EXTENSION  OR  VIOLATION  THEREOF,  OR  ANY  PERMANENCY  HEARING,  OTHER
POST-DISPOSITIONAL  PROCEEDING  OR  APPEAL.  ALL  NOTICES  AND   REPORTS
REQUIRED  BY  LAW  SHALL  BE PROVIDED TO SUCH ATTORNEY. SUCH APPOINTMENT
SHALL CONTINUE UNLESS ANOTHER APPOINTMENT OF AN ATTORNEY HAS  BEEN  MADE
BY  THE  COURT OR UNLESS SUCH ATTORNEY MAKES APPLICATION TO THE COURT TO
BE RELIEVED OF HIS OR HER APPOINTMENT. UPON APPROVAL OF SUCH APPLICATION
TO BE RELIEVED, THE COURT SHALL IMMEDIATELY APPOINT ANOTHER ATTORNEY  TO
WHOM  ALL  NOTICES  AND  REPORTS  REQUIRED BY LAW SHALL BE PROVIDED. THE
ATTORNEY SHALL  BE  ENTITLED  TO  COMPENSATION  PURSUANT  TO  APPLICABLE
PROVISIONS  OF LAW FOR SERVICES RENDERED UP TO AND INCLUDING DISPOSITION
OF THE PETITION. THE ATTORNEY SHALL, BY SEPARATE APPLICATION,  BE  ENTI-
TLED  TO COMPENSATION FOR SERVICES RENDERED AFTER THE DISPOSITION OF THE
PETITION. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO  LIMIT  THE
AUTHORITY OF THE COURT TO REMOVE AN ATTORNEY FROM HIS OR HER ASSIGNMENT.
  S 8. Subdivision (a) of section 756 of the family court act is amended
by adding two new paragraphs (iii) and (iv) to read as follows:
  (III)  THE  LOCAL  COMMISSIONER  OF SOCIAL SERVICES OR THE RELATIVE OR
SUITABLE PERSON WITH WHOM THE RESPONDENT  HAS  BEEN  PLACED  UNDER  THIS
SECTION  SHALL  SUBMIT  A  REPORT  TO  THE  COURT,  THE ATTORNEY FOR THE
RESPONDENT AND THE PRESENTMENT AGENCY, IF ANY,  NOT  LATER  THAN  THIRTY
DAYS PRIOR TO THE CONCLUSION OF THE PLACEMENT PERIOD; PROVIDED, HOWEVER,
THAT  WHERE THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR THE RELATIVE OR
SUITABLE PERSON WITH WHOM THE RESPONDENT HAS BEEN PLACED FILES  A  PETI-
TION FOR AN EXTENSION OF THE PLACEMENT AND A PERMANENCY HEARING PURSUANT
TO  SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART, SUCH REPORT SHALL BE
SUBMITTED NOT LATER THAN SIXTY DAYS PRIOR  TO  THE  DATE  ON  WHICH  THE
PERMANENCY HEARING MUST BE HELD AND SHALL BE ANNEXED TO THE PETITION.
  (IV)  THE PERMANENCY HEARING REPORT SUBMITTED IN ACCORDANCE WITH PARA-
GRAPH (III) OF THIS SUBDIVISION SHALL CONFORM  TO  THE  REQUIREMENTS  OF
SUBDIVISION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-NINE OF THIS ACT AND
SHALL CONTAIN RECOMMENDATIONS AND SUCH SUPPORTING DATA AS  IS  APPROPRI-
ATE.  THE PERMANENCY HEARING REPORT, AS WELL AS THE REPORT SUBMITTED NOT

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LATER THAN THIRTY DAYS PRIOR TO THE CONCLUSION OF  THE  PLACEMENT  SHALL
INCLUDE, BUT NOT BE LIMITED TO, A PLAN FOR THE RELEASE OF THE RESPONDENT
TO  THE  CUSTODY  OF  HIS  OR  HER  PARENT OR PARENTS OR OTHER PERSON OR
PERSONS  LEGALLY  RESPONSIBLE  FOR  THE RESPONDENT'S CARE, OR TO ANOTHER
PERMANENCY ALTERNATIVE AS PROVIDED IN PARAGRAPH (IV) OF SUBDIVISION  (D)
OF  SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART. FOR PURPOSES OF THIS
PARAGRAPH, "PLACEMENT AGENCY" SHALL REFER TO THE COMMISSIONER OF  SOCIAL
SERVICES OR AN AUTHORIZED AGENCY UNDER CONTRACT WITH THE COMMISSIONER OF
THE  LOCAL  SOCIAL  SERVICES  DISTRICT WITH WHOM THE RESPONDENT HAS BEEN
PLACED. THE RELEASE PLAN SHALL PROVIDE AS FOLLOWS:
  (1) IF THE RESPONDENT IS SUBJECT TO ARTICLE SIXTY-FIVE OF  THE  EDUCA-
TION LAW OR ELECTS TO PARTICIPATE IN AN EDUCATIONAL PROGRAM LEADING TO A
HIGH  SCHOOL DIPLOMA FOLLOWING RELEASE, SUCH PLAN SHALL INCLUDE, BUT NOT
BE LIMITED TO, THE STEPS THAT THE PLACEMENT AGENCY HAS TAKEN AND WILL BE
TAKING IN CONJUNCTION WITH THE LOCAL  EDUCATION  AGENCY  TO  ENSURE  THE
IMMEDIATE  ENROLLMENT  OF  THE  RESPONDENT  IN  AN APPROPRIATE SCHOOL OR
EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA WITHIN  FIVE  BUSI-
NESS  DAYS  OF  RELEASE  OR,  IF  SUCH  RELEASE OCCURS DURING THE SUMMER
RECESS, IMMEDIATELY UPON THE COMMENCEMENT OF THE NEXT SCHOOL  TERM.  THE
PLACEMENT  AGENCY  SHALL  ASCERTAIN  THE SCHOOL CALENDAR FROM THE SCHOOL
DISTRICT AND SHALL,  TO  THE  EXTENT  POSSIBLE,  WORK  WITH  THE  SCHOOL
DISTRICT SO THAT THE TIMING OF RESPONDENT'S RELEASE FROM THE PROGRAM AND
ENROLLMENT  IN  SCHOOL  ARE  MINIMALLY DISRUPTIVE FOR THE RESPONDENT AND
FURTHER HIS OR HER BEST INTERESTS. NOT LESS THAN FOURTEEN DAYS PRIOR  TO
THE  RESPONDENT'S  RELEASE, THE PLACEMENT AGENCY SHALL NOTIFY THE SCHOOL
DISTRICT WHERE THE RESPONDENT WILL BE ATTENDING SCHOOL AND TRANSFER  ALL
NECESSARY RECORDS, INCLUDING BUT NOT LIMITED TO, THE RESPONDENT'S COURSE
OF STUDY, CREDITS EARNED AND ACADEMIC RECORD.
  (2)  IF THE PLACEMENT AGENCY HAS REASON TO BELIEVE THAT THE RESPONDENT
MAY HAVE A DISABILITY OR IF THE RESPONDENT HAD BEEN  FOUND  ELIGIBLE  TO
RECEIVE  SPECIAL EDUCATION SERVICES PRIOR TO OR DURING THE PLACEMENT, IN
ACCORDANCE WITH ARTICLE EIGHTY-NINE OF  THE  EDUCATION  LAW,  SUCH  PLAN
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE STEPS THAT THE PLACEMENT AGEN-
CY HAS TAKEN AND WILL BE TAKING TO ENSURE THAT THE LOCAL EDUCATION AGEN-
CY  MAKES  ANY  NECESSARY  REFERRALS OR ARRANGES FOR SPECIAL EDUCATIONAL
EVALUATIONS OR SERVICES, AS APPROPRIATE, AND PROVIDES NECESSARY  RECORDS
IMMEDIATELY IN ACCORDANCE WITH STATE AND FEDERAL LAW.
  (3)  IF  THE  RESPONDENT  IS  NOT SUBJECT TO ARTICLE SIXTY-FIVE OF THE
EDUCATION LAW AND ELECTS NOT TO PARTICIPATE IN  AN  EDUCATIONAL  PROGRAM
LEADING  TO  A  HIGH SCHOOL DIPLOMA, SUCH PLAN SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE STEPS THAT THE PLACEMENT AGENCY HAS TAKEN  AND  WILL  BE
TAKING  TO  ASSIST  THE RESPONDENT TO BECOME GAINFULLY EMPLOYED OR TO BE
ENROLLED IN A VOCATIONAL PROGRAM IMMEDIATELY UPON RELEASE.
  S 9. Section 756 of the family court act is amended by  adding  a  new
subdivision (d) to read as follows:
  (D)(I)  WHERE  THE  RESPONDENT IS PLACED PURSUANT TO THIS SECTION, THE
DISPOSITIONAL ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED BY REFER-
ENCE INTO THE ORDER SHALL INCLUDE:
  (1) A DESCRIPTION OF THE VISITATION  PLAN,  INCLUDING  ANY  PLANS  FOR
VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
  (2) A SERVICE PLAN, IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET BEEN
DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE COURT AND DELIV-
ERED  TO  THE PRESENTMENT AGENCY, ATTORNEY FOR THE RESPONDENT AND PARENT
OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR  THE  CARE
OF  THE  RESPONDENT NO LATER THAN NINETY DAYS FROM THE DATE THE DISPOSI-
TION WAS MADE; AND

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  (3) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR  PERSONS
LEGALLY  RESPONSIBLE FOR CARE OF THE RESPONDENT SHALL BE NOTIFIED OF ANY
PLANNING 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 CONFERENCES, AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER REPRESEN-
TATIVE OR COMPANION WITH THEM.
  (II) A COPY OF THE COURT'S ORDER AND ATTACHMENTS SHALL BE GIVEN TO THE
RESPONDENT  AND  HIS  OR  HER ATTORNEY AND TO THE RESPONDENT'S PARENT OR
PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE  CARE  OF
THE  RESPONDENT.  THE  ORDER  SHALL  ALSO  CONTAIN  A NOTICE THAT IF THE
RESPONDENT  REMAINS  IN  PLACEMENT  FOR  FIFTEEN  OF  THE  MOST   RECENT
TWENTY-TWO MONTHS, THE AGENCY WITH WHICH THE RESPONDENT IS PLACED MAY BE
REQUIRED  BY  LAW TO FILE A PETITION TO TERMINATE THE PARENTAL RIGHTS OF
THE PARENT OR PARENTS OF THE RESPONDENT.
  S 10. Subdivision (a), subdivision (b) and the opening  paragraph  and
paragraphs  (ii),  (iii) and (iv) of subdivision (d) of section 756-a of
the family court act, subdivision (a) as amended by chapter 309  of  the
laws  of  1996, subdivision (b) and the opening paragraph and paragraphs
(ii), (iii) and (iv) of subdivision (d) as amended by section 4 of  part
B  of  chapter  327 of the laws of 2007, are amended and a new paragraph
(v) is added to subdivision (d) to read as follows:
  (a) In any case in which the [child] RESPONDENT has been placed pursu-
ant to section  seven  hundred  fifty-six  OF  THIS  PART,  the  [child]
RESPONDENT,  the person with whom the [child] RESPONDENT has been placed
or the LOCAL commissioner of social services may petition the  court  to
extend  such placement. Such petition shall be filed at least sixty days
prior to the expiration of the period  of  placement,  except  for  good
cause  shown,  but  in  no  event shall such petition be filed after the
original expiration date.   THE  PETITION  SHALL  BE  ACCOMPANIED  BY  A
PERMANENCY  REPORT  THAT CONFORMS TO THE REQUIREMENTS OF PARAGRAPH (III)
OF SUBDIVISION (A) OF SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART.
  (b) The court shall conduct a permanency hearing concerning  the  need
for  continuing  the  placement. The [child] RESPONDENT, the person with
whom the [child] RESPONDENT has been placed and the  LOCAL  commissioner
of  social services shall be notified of such hearing and shall have the
right to be heard thereat.   A COPY OF  THE  PETITION  AND  ACCOMPANYING
PERMANENCY REPORT SHALL BE SERVED ON THE RESPONDENT'S ATTORNEY.
  At  the  conclusion  of  the  permanency hearing the court may, in its
discretion, order an extension of the placement for not  more  than  one
year,  WHICH MAY INCLUDE A PERIOD OF POST-RELEASE SUPERVISION AND AFTER-
CARE, OR MAY DIRECT THAT THE RESPONDENT BE PLACED ON PROBATION  FOR  NOT
MORE  THAN  ONE  YEAR,  PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SEVEN OF
THIS PART, OR MAY ORDER THAT THE PETITION FOR AN EXTENSION OF  PLACEMENT
BE DISMISSED.  The court must consider and determine in its order:
  (ii)  in  the case of a [child] RESPONDENT who has attained the age of
[sixteen] FOURTEEN, the services needed, if any, to assist  the  [child]
RESPONDENT  to  make  the  transition  from  foster  care to independent
living;
  (iii) in the case of a [child]  RESPONDENT  placed  outside  New  York
state,  whether  the  out-of-state placement continues to be appropriate
and in the best interests of the [child] RESPONDENT; [and]
  (iv) whether and when the [child] RESPONDENT:  (A) will be returned to
the parent; (B) should be placed for adoption with the  social  services
official  filing  a  petition  for  termination  of parental rights; (C)
should be referred for legal guardianship; (D) should be  placed  perma-
nently  with  a  fit  and  willing  relative; or (E) should be placed in

A. 10348                            9

another planned permanent living arrangement THAT INCLUDES A SIGNIFICANT
CONNECTION TO AN ADULT WILLING TO  BE  A  PERMANENCY  RESOURCE  FOR  THE
RESPONDENT 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] RESPONDENT  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; and where the
[child] RESPONDENT will not be returned home, consideration of appropri-
ate in-state and out-of-state placements[.]; AND
  (V) WITH REGARD TO THE PLACEMENT OR EXTENSION OF PLACEMENT ORDERED  BY
THE  COURT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART, THE
STEPS THAT MUST BE TAKEN BY THE AGENCY  WITH  WHICH  THE  RESPONDENT  IS
PLACED  TO  IMPLEMENT  THE  PLAN FOR RELEASE SUBMITTED PURSUANT TO PARA-
GRAPHS (III) AND (IV) OF SUBDIVISION (A) OF SUCH SECTION,  THE  ADEQUACY
OF SUCH PLAN AND ANY MODIFICATIONS THAT SHOULD BE MADE TO SUCH PLAN.
  S  11.  Subdivisions  (e) and (f) of section 756-a of the family court
act are relettered subdivisions (f) and (g) and a new subdivision (e) is
added to read as follows:
  (E)(I) IF THE ORDER FROM THE PERMANENCY HEARING EXTENDS  THE  RESPOND-
ENT'S  PLACEMENT  OR  IF  THE  RESPONDENT CONTINUES IN PLACEMENT UNDER A
PRIOR ORDER, THE ORDER OR AN ATTACHMENT TO THE ORDER  INCORPORATED  INTO
THE ORDER BY REFERENCE SHALL INCLUDE:
  (1)  A  DESCRIPTION  OF  THE  VISITATION PLAN, INCLUDING ANY PLANS FOR
VISITATION AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
  (2) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
  (3) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR  PERSONS
LEGALLY  RESPONSIBLE FOR THE CARE OF THE RESPONDENT SHALL BE NOTIFIED OF
ANY PLANNING 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 CONFERENCES AND OF THEIR RIGHT TO HAVE COUNSEL OR  ANOTHER
REPRESENTATIVE OR COMPANION WITH THEM.
  (II)  A  COPY OF THE COURT'S ORDER AND THE SERVICE PLAN SHALL BE GIVEN
TO THE RESPONDENT AND HIS OR HER ATTORNEY AND TO THE RESPONDENT'S PARENT
OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR  THE  CARE
OF  THE  RESPONDENT.  THE  ORDER SHALL ALSO CONTAIN A NOTICE THAT IF THE
RESPONDENT REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST  RECENT  TWEN-
TY-TWO  MONTHS,  THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO
TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR PARENTS OF  THE  RESPOND-
ENT.
  S  12.  This act shall take effect on the ninetieth day after it shall
have become a law.