Assembly Bill A7836

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

                                 7836--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced  by  M.  of  A.  PAULIN, JAFFEE, SCARBOROUGH, GALEF, GUNTHER,
  MILLMAN, P. RIVERA, ROBERTS, SPANO, GIBSON -- Multi-Sponsored by -- M.
  of A.   CAMARA, GABRYSZAK,  GOTTFRIED,  HOOPER,  McENENY,  McLAUGHLIN,
  MOYA, SIMOTAS -- (at request of the Office of Court Administration) --
  read  once  and  referred to the Committee on Children and Families --
  reported  and  referred  to  the  Committee  on  Codes  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the family court act and the social services law, in
  relation to procedures for destitute children in the family court  and
  to  repeal section 1059 of the family court act, relating to abandoned
  children

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

  Section  1. Subdivision (c) of section 115 of the family court act, as
amended by section 1 of part A of chapter 3 of  the  laws  of  2005,  is
amended to read as follows:
  (c)  The  family  court  has such other jurisdiction as is provided by
law, including but not limited to: proceedings concerning  adoption  and
custody  of children, as set forth in parts two and three of article six
of this  act;  proceedings  concerning  the  uniform  interstate  family
support  act,  as  set  forth in article five-B of this act; proceedings
concerning children in foster care and care and custody of children,  as
set  forth  in  sections  three  hundred fifty-eight-a and three hundred
eighty-four-a of the social services law and article ten-A of this  act;
proceedings  concerning  FORMER  FOSTER CHILDREN AS SET FORTH IN ARTICLE
TEN-B OF THIS ACT; PROCEEDINGS CONCERNING  DESTITUTE  CHILDREN,  AS  SET
FORTH  IN ARTICLE TEN-C OF THIS ACT; PROCEEDINGS CONCERNING guardianship
and custody of children by reason of the death  of,  or  abandonment  or
surrender  by,  the  parent  or  parents, as set forth in sections three
hundred eighty-three-c, three hundred eighty-four and paragraphs (a) and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11155-04-1
              

A. 7836--A                          2

(b) of subdivision four of section three hundred  eighty-four-b  of  the
social  services  law;  proceedings  concerning standby guardianship and
guardianship of the person as set forth in part four of article  six  of
this  act  and article seventeen of the surrogate's court procedure act;
and proceedings concerning the interstate compact on  juveniles  as  set
forth  in chapter one hundred fifty-five of the laws of nineteen hundred
fifty-five, as amended, the interstate compact on the placement of chil-
dren, as set forth in section three hundred seventy-four-a of the social
services law, and the uniform child custody jurisdiction and enforcement
act, as set forth in article five-A of the domestic relations law.
  S 2. Subdivision (a) of section  249  of  the  family  court  act,  as
amended  by  chapter  29  of  the  laws  of  2011, is amended to read as
follows:
  (a) In a proceeding under article three, seven, ten [or], ten-A, TEN-B
OR TEN-C of this act or where a revocation of  an  adoption  consent  is
opposed  under  section  one hundred fifteen-b of the domestic relations
law or in any proceeding  under  section  three  hundred  fifty-eight-a,
three hundred eighty-three-c, three hundred eighty-four or three hundred
eighty-four-b of the social services law or when a minor is sought to be
placed  in  protective  custody under section one hundred fifty-eight of
this act or in any  proceeding  where  a  minor  is  detained  under  or
governed by the interstate compact for juveniles established pursuant to
section  five hundred one-e of the executive law, the family court shall
appoint an attorney to represent a minor  who  is  the  subject  of  the
proceeding or who is sought to be placed in protective custody, if inde-
pendent  legal  representation  is  not  available to such minor. In any
proceeding to extend or continue the placement of a juvenile  delinquent
or  person  in  need  of  supervision  pursuant to section seven hundred
fifty-six or 353.3 of this act or any proceeding to extend or continue a
commitment to the custody of the commissioner of mental  health  or  the
commissioner  of  people  with  developmental  disabilities  pursuant to
section 322.2 of this act, the court shall not permit the respondent  to
waive  the  right to be represented by counsel chosen by the respondent,
respondent's  parent,  or  other  person  legally  responsible  for  the
respondent's  care,  or  by assigned counsel. In any other proceeding in
which the court has jurisdiction, the court may appoint an  attorney  to
represent  the  child,  when,  in the opinion of the family court judge,
such representation will serve the purposes of this act, if  independent
legal counsel is not available to the child. The family court on its own
motion may make such appointment.
  S  3. Paragraphs (i) and (iv) of subdivision (a) of section 262 of the
family court act, paragraph (i) as amended by section 3  of  part  A  of
chapter  3  of the laws of 2005 and paragraph (iv) as amended by chapter
437 of the laws of 2006, are amended to read as follows:
  (i) the respondent in any proceeding under article ten  [or],  article
ten-A  OR ARTICLE TEN-C of this act and the petitioner in any proceeding
under part eight of article ten of this act;
  (iv) the parent OR OTHER PERSON LEGALLY RESPONSIBLE, foster parent, or
other person having physical or  legal  custody  of  the  child  in  any
proceeding  under article ten [or], ten-A, TEN-B OR TEN-C of this act or
section three hundred fifty-eight-a, three hundred eighty-four or  three
hundred  eighty-four-b  of  the social services law, and a non-custodial
parent or grandparent served with notice pursuant to  paragraph  (e)  of
subdivision  two  of  section  three hundred eighty-four-a of the social
services law;
  S 4. Section 1059 of the family court act is REPEALED.

A. 7836--A                          3

  S 5. Section 1086 of the family court act, as added by section  27  of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  S  1086.  Purpose. The purpose of this article is to establish uniform
procedures for permanency hearings for all children who  are  placed  in
foster  care  pursuant  to  section  three  hundred fifty-eight-a, three
hundred  eighty-four  or  three  hundred  eighty-four-a  of  the  social
services  law  or pursuant to section one thousand twenty-two, one thou-
sand  twenty-seven,  [or]   one   thousand   fifty-two,   ONE   THOUSAND
EIGHTY-NINE,  ONE  THOUSAND  NINETY-ONE, ONE THOUSAND NINETY-FOUR OR ONE
THOUSAND NINETY-FIVE of this act; children who are directly placed  with
a  relative  pursuant  to section one thousand seventeen or one thousand
fifty-five of this act; and children who are freed for adoption.  It  is
meant to provide children placed out of their homes timely and effective
judicial review that promotes permanency, safety and well-being in their
lives.
  S  6.  Subdivision  (a)  of  section  1087 of the family court act, as
amended by chapter 342 of the laws  of  2010,  is  amended  to  read  as
follows:
  (a)  "Child"  shall  mean  a  person  under the age of eighteen who is
placed in foster care pursuant to section three  hundred  fifty-eight-a,
three  hundred  eighty-four or three hundred eighty-four-a of the social
services law or pursuant to section one thousand twenty-two,  one  thou-
sand   twenty-seven,   [or]   one   thousand   fifty-two,  ONE  THOUSAND
EIGHTY-NINE, ONE THOUSAND NINETY-ONE, ONE THOUSAND  NINETY-FOUR  OR  ONE
THOUSAND  NINETY-FIVE  of  this  act; or directly placed with a relative
pursuant to section one thousand seventeen or one thousand fifty-five of
this act; or who has been freed for adoption or  a  person  between  the
ages  of  eighteen  and  twenty-one who has consented to continuation in
foster care or trial discharge status; or a  former  foster  care  youth
under  the  age  of  twenty-one for whom a court has granted a motion to
permit the former foster care youth to return  to  the  custody  of  the
local commissioner of social services or other officer, board or depart-
ment authorized to receive children as public charges.
  S  7.  Section  1088 of the family court act, as separately amended by
chapters 41 and 342 of the laws of 2010, is amended to read as follows:
  S 1088. Continuing court jurisdiction. If a child is  placed  pursuant
to  section  three  hundred fifty-eight-a, three hundred eighty-four, or
three hundred eighty-four-a of the social services law, or  pursuant  to
section  one  thousand  seventeen, one thousand twenty-two, one thousand
twenty-seven [or], one thousand fifty-two, ONE THOUSAND EIGHTY-NINE, ONE
THOUSAND  NINETY-ONE,  ONE  THOUSAND   NINETY-FOUR   OR   ONE   THOUSAND
NINETY-FIVE  of this act, or directly placed with a relative pursuant to
section one thousand seventeen or one thousand fifty-five of  this  act;
or  if the child is freed for adoption pursuant to section three hundred
eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
of the social services law, the case shall remain on the court's  calen-
dar  and  the  court shall maintain jurisdiction over the case until the
child is discharged from placement and all orders regarding supervision,
protection or services have expired. The court shall rehear  the  matter
whenever  it  deems  necessary or desirable, or upon motion by any party
entitled to notice in proceedings under this article, or by the attorney
for the child, and whenever a permanency hearing  is  required  by  this
article.  While  the  court  maintains  jurisdiction  over the case, the
provisions of section  one  thousand  thirty-eight  of  this  act  shall
continue  to  apply.  The  court shall also maintain jurisdiction over a
case for purposes of hearing a motion to permit  a  former  foster  care

A. 7836--A                          4

youth  under  the  age of twenty-one who was discharged from foster care
due to a failure to consent to continuation of placement  to  return  to
the  custody of the local commissioner of social services or other offi-
cer, board or department authorized to receive children as public charg-
es.
  S  8.  Paragraph  2  of  subdivision (a) of section 1089 of the family
court act, as amended by chapter 437 of the laws of 2006, is amended  to
read as follows:
  (2)  All  other  permanency hearings. At the conclusion of the hearing
pursuant to section one thousand twenty-two, one thousand  twenty-seven,
[or]  one  thousand  fifty-two,  ONE  THOUSAND EIGHTY-NINE, ONE THOUSAND
NINETY-ONE, ONE THOUSAND NINETY-FOUR OR ONE THOUSAND NINETY-FIVE of this
act at which the child was remanded  or  placed  and  upon  the  court's
approval  of  a voluntary placement instrument pursuant to section three
hundred fifty-eight-a of the social services law, the court shall set  a
date  certain  for  an initial permanency hearing, advise all parties in
court of the date set and include the date in the order.  Orders  issued
in subsequent court hearings prior to the permanency hearing, including,
but  not  limited  to, the order of placement issued pursuant to section
one thousand fifty-five of this act, shall include the date certain  for
the   permanency  hearing.  The  initial  permanency  hearing  shall  be
commenced no later than six months from the date  which  is  sixty  days
after  the  child  was  removed from his or her home; provided, however,
that if a sibling or half-sibling  of  the  child  has  previously  been
removed  from  the home and has a permanency hearing date certain sched-
uled within the next eight months, the permanency hearing for each child
subsequently removed from the home shall be scheduled on the  same  date
certain  that  has  been  set for the first child removed from the home,
unless such sibling or half-sibling  has  been  removed  from  the  home
pursuant  to  article three or seven of this act. The permanency hearing
shall be completed within thirty days of the scheduled date certain.
  S 9. Subdivision (a) of section 1090 of the family court act, as sepa-
rately amended by chapters 41 and 342 of the laws of 2010, is amended to
read as follows:
  (a) If an attorney for the child has  been  appointed  by  the  family
court  in a proceeding pursuant to THIS ARTICLE OR section three hundred
fifty-eight-a, three hundred eighty-three-c, three hundred  eighty-four,
or  three  hundred  eighty-four-b of the social services law, or article
ten, TEN-B OR TEN-C of this act, the appointment of the attorney for the
child shall continue without further court order or appointment,  unless
another  appointment  of  an attorney for the child has been made by the
court, until the child is  discharged  from  placement  and  all  orders
regarding supervision, protection or services have expired. The attorney
FOR  THE  CHILD  shall also represent the child without further order or
appointment in any proceedings under article ten-B OR TEN-C of this act.
All notices, reports and motions required by law shall  be  provided  to
[the child's] SUCH attorney. The [child's] attorney FOR THE CHILD may be
relieved  of his or her representation upon application to the court for
termination of the appointment. Upon approval of  the  application,  the
court  shall  immediately  appoint another attorney to whom all notices,
reports, and motions required by law shall be provided.
  S 10. The family court act is amended by adding a new article 10-C  to
read as follows:
                              ARTICLE 10-C
                           DESTITUTE CHILDREN

A. 7836--A                          5

SECTION 1092. DEFINITIONS.
        1093. ORIGINATING PROCEEDINGS.
        1094. INITIAL APPEARANCE AND PRELIMINARY PROCEEDINGS.
        1095. FACT FINDING AND DISPOSITION.
  S  1092.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE UNLESS THE SPECIFIC
CONTEXT INDICATES OTHERWISE:
  (A) "DESTITUTE CHILD" SHALL MEAN A CHILD WHO IS NOT SUBJECT TO ARTICLE
TEN OF THIS ACT, IS WITHOUT A PARENT OR PERSON  LEGALLY  RESPONSIBLE  TO
SUFFICIENTLY  CARE FOR HIM OR HER, AND  IS IN A STATE OF WANT OR SUFFER-
ING DUE TO LACK OF SUFFICIENT FOOD, CLOTHING,  SHELTER,  OR  MEDICAL  OR
SURGICAL CARE.
  (B)  "PARENT"  SHALL  MEAN ANY LIVING BIOLOGICAL OR ADOPTIVE PARENT OF
THE CHILD WHOSE RIGHTS HAVE NOT BEEN TERMINATED OR SURRENDERED.
  (C) "PERSON LEGALLY RESPONSIBLE" SHALL MEAN THE CUSTODIAN OR  GUARDIAN
OF  THE  DESTITUTE  CHILD OR ANY OTHER ADULT RESPONSIBLE FOR THE CARE OF
SUCH CHILD AT THE RELEVANT TIME.
  (D) "PERMANENCY HEARING" SHALL MEAN A HEARING IN ACCORDANCE WITH ARTI-
CLE TEN-A OF THIS ACT, AS DEFINED IN  SUBDIVISION  (K)  OF  SECTION  ONE
THOUSAND TWELVE OF THIS ACT.
  (E)  "COMMISSIONER  OF SOCIAL SERVICES" SHALL MEAN THE COMMISSIONER OF
THE LOCAL DEPARTMENT OF SOCIAL SERVICES OR, IN A  CITY  HAVING  A  POPU-
LATION  OF  ONE  MILLION  OR  MORE,  THE  ADMINISTRATION  FOR CHILDREN'S
SERVICES.
  S 1093. ORIGINATING PROCEEDINGS. (A) FILING OF THE PETITION. A COMMIS-
SIONER OF SOCIAL SERVICES MAY ORIGINATE A PROCEEDING UNDER THIS  ARTICLE
BY  FILING  A  PETITION  ALLEGING THAT THE CHILD IS A DESTITUTE CHILD AS
DEFINED BY SECTION ONE THOUSAND NINETY-TWO OF THIS  ARTICLE.  A  COMMIS-
SIONER  OF  SOCIAL SERVICES, WHO ACCEPTS THE CARE AND CUSTODY OF A CHILD
APPEARING TO BE A DESTITUTE CHILD, SHALL FILE  A  PETITION  PURSUANT  TO
THIS SECTION WITHIN FOURTEEN DAYS UPON ACCEPTING THE CARE AND CUSTODY OF
SUCH CHILD.
  (B)  VENUE. A PETITION UNDER THIS ARTICLE SHALL BE FILED IN THE FAMILY
COURT LOCATED IN THE COUNTY WHERE THE CHILD RESIDES OR IS  DOMICILED  OR
WHERE THE DEPARTMENT OF SOCIAL SERVICES IS LOCATED.
  (C)  CONTENTS  OF  THE  PETITION.  (1)  THE PETITION SHALL ALLEGE UPON
INFORMATION AND BELIEF:
  (I) THE MANNER, DATE AND CIRCUMSTANCE UNDER  WHICH  THE  CHILD  BECAME
KNOWN TO THE PETITIONER;
  (II) THE CHILD'S DATE OF BIRTH;
  (III)  THAT  THE  CHILD IS A DESTITUTE CHILD AS DEFINED IN SUBDIVISION
(A) OF SECTION ONE THOUSAND NINETY-TWO OF THIS ARTICLE AND THE BASIS FOR
THE ALLEGATION;
  (IV) THE IDENTITY OF THE PARENT OR PARENTS OF THE CHILD IN QUESTION;
  (V) WHETHER THE PARENT OR PARENTS OF THE CHILD ARE LIVING OR DECEASED;
  (VI) THE WHEREABOUTS AND LAST KNOWN ADDRESS FOR THE PARENT OR PARENTS;
  (VII) THE EFFORTS, IF ANY, WHICH WERE MADE PRIOR TO THE FILING OF  THE
PETITION  TO  PREVENT ANY REMOVAL OF THE CHILD FROM THE HOME AND IF SUCH
EFFORTS WERE NOT MADE, THE REASONS SUCH EFFORTS WERE NOT MADE; AND
  (VIII) IF THE CHILD HAD BEEN REMOVED FROM HOME PRIOR TO THE FILING  OF
THE  PETITION,  THE EFFORTS, IF ANY, WHICH WERE MADE PRIOR TO THE FILING
OF THE PETITION TO ALLOW THE CHILD TO RETURN SAFELY HOME,  AND  IF  SUCH
EFFORTS WERE NOT MADE, THE REASONS SUCH EFFORTS WERE NOT MADE.
  (2)  UNLESS  THE  PARENT  OR  PARENTS ARE DECEASED, THE PETITION SHALL
CONTAIN A NOTICE IN  CONSPICUOUS  PRINT  PROVIDING  THAT  IF  THE  CHILD
REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO MONTHS,

A. 7836--A                          6

THE  AGENCY  MAY  BE  REQUIRED  BY  LAW  TO FILE A PETITION TO TERMINATE
PARENTAL RIGHTS.
  (D)  SERVICE  OF SUMMONS. (1) UPON THE FILING OF A PETITION UNDER THIS
ARTICLE, IF A LIVING PARENT OR PERSON LEGALLY RESPONSIBLE FOR THE  CHILD
IS IDENTIFIED IN THE PETITION, THE COURT SHALL CAUSE A COPY OF THE PETI-
TION  AND  A  SUMMONS  TO  BE ISSUED THE SAME DAY THE PETITION IS FILED,
REQUIRING SUCH PARENT OR PERSON LEGALLY RESPONSIBLE  FOR  THE  CHILD  TO
APPEAR IN COURT ON THE RETURN DATE TO ANSWER THE PETITION.
  (2) SERVICE OF A SUMMONS AND PETITION UNDER THIS ARTICLE SHALL BE MADE
BY DELIVERY OF A TRUE COPY THEREOF TO THE PERSON SUMMONED AT LEAST TWEN-
TY-FOUR HOURS BEFORE THE TIME STATED THEREIN FOR APPEARANCE.
  (3)  THE  COURT  MAY SEND PROCESS WITHOUT THE STATE IN THE SAME MANNER
AND WITH THE SAME EFFECT AS PROCESS SENT WITHIN THE STATE IN  THE  EXER-
CISE  OF  PERSONAL JURISDICTION OVER ANY PERSON SUBJECT TO THE JURISDIC-
TION OF THE COURT UNDER SECTION THREE HUNDRED ONE OR THREE  HUNDRED  TWO
OF THE CIVIL PRACTICE LAW AND RULES, NOTWITHSTANDING THAT SUCH PERSON IS
NOT  A  RESIDENT OR DOMICILIARY OF THE STATE.  WHERE SERVICE IS EFFECTED
ON AN OUT-OF-STATE RESPONDENT AND THE RESPONDENT DEFAULTS BY FAILING  TO
APPEAR  TO ANSWER THE PETITION, THE COURT MAY ON ITS OWN MOTION, OR UPON
APPLICATION OF ANY PARTY OR THE ATTORNEY FOR  THE  CHILD  PROCEED  TO  A
HEARING PURSUANT TO SECTION ONE THOUSAND NINETY-FIVE OF THIS ARTICLE.
  (4)  IF  AFTER  REASONABLE  EFFORT,  PERSONAL SERVICE IS NOT MADE, THE
COURT MAY AT ANY STAGE IN THE PROCEEDINGS MAKE AN  ORDER  PROVIDING  FOR
SUBSTITUTED  SERVICE  IN  THE MANNER PROVIDED FOR SUBSTITUTED SERVICE IN
CIVIL PROCESS IN COURTS OF RECORD.
  S 1094. INITIAL APPEARANCE AND PRELIMINARY PROCEEDINGS.   (A)  AT  THE
INITIAL APPEARANCE, THE COURT SHALL:
  (1)  APPOINT  AN  ATTORNEY  TO REPRESENT THE CHILD AND, IF ENTERING AN
APPEARANCE AT THE  INITIAL  APPEARANCE  OR  THEREAFTER,  THE  PARENT  OR
PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE;
  (2)  (I)  IF  A  PARENT  OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE ENTERS AN APPEARANCE, DETERMINE WHETHER THE CHILD MAY SAFELY
REMAIN IN HIS OR HER OR THEIR HOME AND, IF APPROPRIATE,  ORDER  SERVICES
TO ASSIST THE FAMILY TOWARD THAT END;
  (II)  DETERMINE WHETHER REMOVAL IS NECESSARY TO AVOID IMMINENT RISK TO
THE CHILD'S LIFE OR HEALTH AND WHETHER  IT  WOULD  BE  CONTRARY  TO  THE
WELFARE  OF  THE  CHILD  TO CONTINUE IN HIS OR HER OWN HOME, AND, IF SO,
WHETHER THE CHILD SHOULD BE PLACED IN THE TEMPORARY CARE AND CUSTODY  OF
A RELATIVE OR OTHER SUITABLE PERSON OR IN THE TEMPORARY CARE AND CUSTODY
OF THE COMMISSIONER OF SOCIAL SERVICES;
  (III)  UPON  A  DETERMINATION  THAT  THE  CHILD  SHOULD BE TEMPORARILY
PLACED:
  (A) DIRECT THE PETITIONER TO INVESTIGATE WHETHER THERE ARE ANY PARENTS
OR OTHER PERSONS LEGALLY RESPONSIBLE NOT NAMED IN THE  PETITION  OR  ANY
OTHER RELATIVES OR OTHER SUITABLE PERSONS WITH WHOM THE CHILD MAY SAFELY
RESIDE AND, IF SO, DIRECT THE CHILD TO RESIDE TEMPORARILY IN THEIR CARE;
AND
  (B)  IF A RELATIVE OR OTHER SUITABLE PERSON SEEKS APPROVAL TO CARE FOR
THE CHILD AS A FOSTER PARENT,  DIRECT  THE  PETITIONER  TO  COMMENCE  AN
INVESTIGATION INTO THE HOME OF SUCH RELATIVE AND THEREAFTER APPROVE SUCH
RELATIVE  OR  OTHER  SUITABLE  PERSON, IF QUALIFIED, AS A FOSTER PARENT;
PROVIDED, HOWEVER, THAT IF SUCH HOME IS  FOUND  TO  BE  UNQUALIFIED  FOR
APPROVAL,  THE  PETITIONER SHALL REPORT SUCH FACT TO THE COURT FORTHWITH
AND, IN THE CASE OF A RELATIVE WHO SEEKS APPROVAL TO CARE FOR THE  CHILD
AS  A FOSTER PARENT, THE RELATIVE MAY PROCEED IN ACCORDANCE WITH SECTION
ONE THOUSAND TWENTY-EIGHT-A OF THIS ACT.

A. 7836--A                          7

  (3) SET A DATE CERTAIN FOR THE FACT FINDING  AND  DISPOSITION  HEARING
PURSUANT TO SECTION ONE THOUSAND NINETY-FIVE OF THIS ARTICLE AND, IF THE
CHILD  IS TEMPORARILY PLACED, SET A DATE CERTAIN FOR THE INITIAL PERMAN-
ENCY HEARING PURSUANT TO PARAGRAPH TWO OF SUBDIVISION (A) OF SECTION ONE
THOUSAND  EIGHTY-NINE  OF  THIS  ACT.  THE  DATE CERTAIN FOR THE INITIAL
PERMANENCY HEARING SHALL BE NO LATER THAN EIGHT MONTHS FROM THE DATE THE
SOCIAL SERVICES OFFICIAL ACCEPTED CARE OF THE CHILD;
  (4) DETERMINE WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE PLACE-
MENT OF THE CHILD INTO FOSTER CARE TO PREVENT OR ELIMINATE THE NEED  FOR
REMOVAL  OF THE CHILD FROM HIS OR HER HOME, AND IF SUCH EFFORTS WERE NOT
MADE WHETHER THE LACK OF SUCH EFFORTS WERE APPROPRIATE UNDER THE CIRCUM-
STANCES; DETERMINE, WHERE APPROPRIATE, IF REASONABLE EFFORTS  WERE  MADE
TO MAKE IT POSSIBLE FOR THE CHILD TO RETURN SAFELY HOME; AND
  (5)  INCLUDE THE FINDINGS MADE PURSUANT TO PARAGRAPHS ONE THROUGH FOUR
OF THIS SUBDIVISION IN A WRITTEN ORDER.
  (B) UNLESS THERE HAS BEEN A HEARING  UNDER  SUBDIVISION  (A)  OF  THIS
SECTION  AT  WHICH  THE PARENT OR PARENTS AND CHILD'S ATTORNEY APPEARED,
THE PARENT OR PARENTS OF THE CHILD OR THE CHILD'S ATTORNEY MAY REQUEST A
HEARING TO DETERMINE WHETHER A CHILD WHO HAS BEEN REMOVED  FROM  HIS  OR
HER  HOME  SHOULD  BE  RETURNED  AND,  IF SO, WHETHER SERVICES SHOULD BE
ORDERED TO FACILITATE SUCH RETURN. EXCEPT  FOR  GOOD  CAUSE  SHOWN,  THE
HEARING  SHALL  BE HELD WITHIN THREE COURT DAYS OF THE REQUEST AND SHALL
NOT BE ADJOURNED. THE COURT SHALL GRANT THE APPLICATION  FOR  RETURN  OF
THE  CHILD  UNLESS IT FINDS THAT THE RETURN PRESENTS AN IMMINENT RISK TO
THE CHILD'S LIFE OR HEALTH.  IF IMMINENT RISK TO THE CHILD IS FOUND, THE
COURT MAY MAKE ORDERS IN ACCORDANCE WITH PARAGRAPH  TWO  OF  SUBDIVISION
(A)  OF  THIS  SECTION,  INCLUDING,  BUT  NOT LIMITED TO, DIRECTIONS FOR
INVESTIGATIONS OF RELATIVES OR OTHER  SUITABLE  PERSONS  WITH  WHOM  THE
CHILD MAY SAFELY RESIDE.
  S  1095. FACT FINDING AND DISPOSITION. (A) NO FACT FINDING HEARING MAY
COMMENCE UNDER THIS ARTICLE UNLESS THE COURT ENTERS A FINDING:
  (1) THAT THE PARENT OR PARENTS OR  OTHER  PERSON  OR  PERSONS  LEGALLY
RESPONSIBLE  FOR  THE  CHILD'S CARE IS OR ARE PRESENT AT THE HEARING AND
HAS OR HAVE BEEN SERVED WITH A COPY OF THE PETITION; OR
  (2) IF THE PARENT OR  PARENTS  OR  OTHER  PERSON  OR  PERSONS  LEGALLY
RESPONSIBLE FOR THE CARE OF THE CHILD IS OR ARE LIVING BUT ARE NOT PRES-
ENT,  THAT EVERY REASONABLE EFFORT HAS BEEN MADE TO EFFECT SERVICE UNDER
SUBDIVISION (D) OF SECTION ONE THOUSAND NINETY-THREE OF THIS ARTICLE.
  (B) THE COURT SHALL SUSTAIN THE PETITION AND MAKE  A  FINDING  THAT  A
CHILD IS DESTITUTE IF, BASED UPON A PREPONDERANCE OF COMPETENT, MATERIAL
AND  RELEVANT  EVIDENCE  PRESENTED, THE COURT FINDS THAT THE CHILD MEETS
THE DEFINITION OF A DESTITUTE CHILD AS DESCRIBED IN SUBDIVISION  (A)  OF
SECTION ONE THOUSAND NINETY-TWO OF THIS ARTICLE.
  (C) IF THE COURT FINDS THAT THE CHILD DOES NOT MEET SUCH DEFINITION OF
A  DESTITUTE  CHILD  OR  THAT  THE AID OF THE COURT IS NOT REQUIRED, THE
COURT SHALL DISMISS THE PETITION; PROVIDED, HOWEVER, THAT IF  THE  COURT
FINDS  THAT  THE CHILD MAY BE IN NEED OF PROTECTION UNDER ARTICLE TEN OF
THIS ACT, THE COURT MAY REQUEST THE COMMISSIONER OF SOCIAL  SERVICES  TO
CONDUCT  A CHILD PROTECTIVE INVESTIGATION IN ACCORDANCE WITH SUBDIVISION
ONE OF SECTION ONE THOUSAND THIRTY-FOUR OF THIS  ACT.  THE  COURT  SHALL
STATE THE GROUNDS FOR ANY FINDING UNDER THIS SUBDIVISION.
  (D)  IF THE COURT SUSTAINS THE PETITION PURSUANT TO SUBDIVISION (B) OF
THIS SECTION, IT MAY IMMEDIATELY CONVENE A DISPOSITIONAL HEARING OR  MAY
ADJOURN  THE PROCEEDING FOR FURTHER INQUIRIES TO BE MADE PRIOR TO DISPO-
SITION. BASED UPON MATERIAL  AND  RELEVANT  EVIDENCE  PRESENTED  AT  THE
DISPOSITIONAL  HEARING,  THE  COURT  SHALL ENTER AN ORDER OF DISPOSITION

A. 7836--A                          8

STATING THE GROUNDS FOR ITS ORDER AND DIRECTING  ONE  OF  THE  FOLLOWING
ALTERNATIVES:
  (1)  RELEASING  THE  CHILD  TO  HIS  OR HER PARENT OR PARENTS OR OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE;
  (2) PLACING THE CHILD IN THE CARE AND CUSTODY OF THE  COMMISSIONER  OF
SOCIAL SERVICES;
  (3) PLACING THE CHILD IN THE CARE AND CUSTODY OF RELATIVES OR SUITABLE
PERSONS; OR
  (4) GRANTING AN ORDER OF CUSTODY OR GUARDIANSHIP TO RELATIVES OR SUIT-
ABLE PERSONS PURSUANT TO A PETITION UNDER ARTICLE SIX OF THIS ACT AND IN
ACCORDANCE   WITH   THE   FINDINGS  REQUIRED  BY  SECTION  ONE  THOUSAND
FIFTY-FIVE-B OF THIS ACT.
  (E) IF THE CHILD HAS BEEN PLACED PURSUANT TO PARAGRAPHS TWO  OR  THREE
OF  SUBDIVISION (D) OF THIS SECTION, THE COURT SHALL INCLUDE THE FOLLOW-
ING IN ITS ORDER:
  (1) A DATE CERTAIN FOR THE PERMANENCY HEARING IN ACCORDANCE WITH PARA-
GRAPH TWO OF SUBDIVISION (A) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS
ARTICLE;
  (2) UNLESS THE CHILD'S PARENT OR PARENTS ARE DECEASED,  A  DESCRIPTION
OF  THE  PLAN  FOR  THE CHILD TO VISIT WITH HIS OR HER PARENT OR PARENTS
UNLESS CONTRARY TO THE CHILD'S BEST INTERESTS;
  (3) A DIRECTION THAT THE CHILD BE PLACED TOGETHER WITH OR, AT MINIMUM,
TO VISIT AND HAVE REGULAR COMMUNICATION WITH, HIS OR  HER  SIBLINGS,  IF
ANY,  UNLESS  CONTRARY  TO  THE  BEST  INTERESTS OF THE CHILD AND/OR THE
SIBLINGS;
  (4) UNLESS THE CHILD'S PARENT OR PARENTS  ARE  DECEASED,  A  DIRECTION
THAT  THE  CHILD'S PARENT OR PARENTS BE NOTIFIED OF ANY PLANNING CONFER-
ENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION  FOUR  HUNDRED
NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND SUCH CONFER-
ENCES  AND  TO  HAVE COUNSEL OR ANOTHER REPRESENTATIVE OR COMPANION WITH
THEM;
  (5) IF THE CHILD IS OR WILL BE FOURTEEN OR OLDER BY THE  DATE  OF  THE
PERMANENCY HEARING, THE SERVICES AND ASSISTANCE THAT MAY BE NECESSARY TO
ASSIST THE CHILD IN LEARNING INDEPENDENT LIVING SKILLS; AND
  (6)  UNLESS THE CHILD'S PARENT OR PARENTS ARE DECEASED, A NOTICE THAT,
IF THE CHILD 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 PARENTAL RIGHTS.
  (F) IF THE CHILD HAS BEEN PLACED PURSUANT TO PARAGRAPH TWO OR THREE OF
SUBDIVISION (D) OF THIS SECTION, THE PROVISIONS OF PART EIGHT OF ARTICLE
TEN OF THIS ACT SHALL BE APPLICABLE.
  (G)  IF  THE  COURT  MAKES  AN ORDER PURSUANT TO PARAGRAPH ONE, TWO OR
THREE OF SUBDIVISION (D) OF THIS SECTION, THE COURT MAY INCLUDE A DIREC-
TION FOR THE COMMISSIONER OF SOCIAL SERVICES TO PROVIDE OR  ARRANGE  FOR
SERVICES  OR  ASSISTANCE,  AUTHORIZED  TO  BE  MADE  AVAILABLE UNDER THE
COMPREHENSIVE ANNUAL SERVICES PROGRAM PLAN THEN IN EFFECT, TO AMELIORATE
THE CONDITIONS THAT FORMED THE BASIS FOR  THE  FACT-FINDING  UNDER  THIS
SECTION  AND,  IF  THE  CHILD  HAS BEEN REMOVED FROM HOME, TO FACILITATE
RETURN OF THE CHILD.
  S 11. Subdivision 1 of section 398  of  the  social  services  law  is
amended to read as follows:
  1.  As  to  destitute  children: Assume charge of and provide CARE AND
support for any destitute child who cannot be properly cared for in  his
OR HER home, AND IF IT IS NECESSARY FOR THE COMMISSIONER TO TAKE CUSTODY
OF  THE  CHILD,  FILE  A  PETITION  PURSUANT  TO  SECTION  ONE  THOUSAND
NINETY-THREE OF THE FAMILY COURT ACT.

A. 7836--A                          9

  S 12. This act shall take effect immediately; provided, however,  that
local  commissioners  of social services shall file petitions under this
act within ninety days of such effective date for any destitute child in
their care and custody on such effective date; and provided further that
the amendments to subdivision (a) of section 249 of the family court act
made  by section two of this act shall survive the expiration and rever-
sion of such subdivision as provided in section 8 of chapter 29  of  the
laws of 2011, as amended.