S. 5694--A 2
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.
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. 5694--A 3
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
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
S. 5694--A 4
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
SECTION 1092. DEFINITIONS.
1093. ORIGINATING PROCEEDINGS.
S. 5694--A 5
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,
THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO TERMINATE
PARENTAL RIGHTS.
S. 5694--A 6
(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.
(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
S. 5694--A 7
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
STATING THE GROUNDS FOR ITS ORDER AND DIRECTING ONE OF THE FOLLOWING
ALTERNATIVES:
S. 5694--A 8
(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.
S 12. This act shall take effect immediately; provided, however, that
local commissioners of social services shall file petitions under this
S. 5694--A 9
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.
