senate Bill S4083

2013-2014 Legislative Session

Relates to permanency planning in juvenile delinquent and persons in need of supervision proceedings

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 08, 2014 referred to children and families
Mar 07, 2013 referred to children and families

S4083 - Bill Details

See Assembly Version of this Bill:
A2601
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§312.1, 320.2, 353.3, 355.5, 736, 741, 756 & 756-a, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2013-2014: A2601
2011-2012: A10348, S7591

S4083 - Bill Texts

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Relates to permanency planning in juvenile deliquency and persons in need of supervision proceedings.

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BILL NUMBER:S4083

TITLE OF BILL: 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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

When the Legislature enacted landmark child welfare permanency
legislation in 2005 L. 2005, c. 3), it deferred consideration of many
issues relating to permanency planning and permanency hearings
regarding juvenile delinquents (JDs) and Persons in Need of
Supervision (PINS). This measure would address those issues. In so
doing, the measure incorporates essential elements of the child
welfare permanency hearing article of the Family Court Act (Article
10-A) into the permanency hearing provisions of Articles 3 and 7 of
the Act, providing greater specificity regarding the services that
must be provided for youth and expanding the alternatives available to
the Court both in dispositional and permanency hearings in JD and PINS
cases. Briefly, the measure contains the following:

1. Notices to non-custodial parents: To ensure that all possible
resources are engaged in the resolution of JD and PINS proceedings,
the measure requires that non-custodial parents, if any, be given
notices of their children's cases in Family Court to enable them to
appear., This supplements the existing requirement that a summons be
issued for an accused juvenile's parent or other person legally
responsible. The local probation department that generally interviews
parties at the outset for adjustment purposes, as well as the
presentment agency, must ask the custodial parent for contact
information for parents other than those already notified. In JD
cases, the presentment agency must send the notice and a copy of the
petition to the noncustodial parent or parents at least five days
before the appearance date. In PINS cases, where there is most often
no presentment agency, Family Court must send the notice.

As in child abuse, child neglect and PINS proceedings, so, too, in JD
proceedings the child's non-custodial parent may be a critical
participant in the dispositional process. Sometimes a non-custodial
parent or his or her extended family may provide vitally-needed
placement resources for a child, both temporarily during the pendency
of an action and on a more extended basis at disposition. However,
unlike statutory provisions applicable to child protective and PINS
proceedings, the Family Court Act now contains no mandate even to
notify non-custodial parents of their children's JD proceedings. This
measure fills that gap.

2. Continuity of counsel: The measure provides necessary continuity in
representation by attorneys for juveniles in both JD and PINS cases.
It would amend Family Court Act §§ 320.2(2) and 741(a) to continue the
appointment of a child's attorney in such cases for the entire period
of a dispositional order, an adjournment in contemplation of dismissal
and any extensions of permanency hearings, violation hearings or other
post-dispositional proceedings. As in child protective cases, where
the Family Court Act already provides for continuity of counsel, the


appointment would automatically continue unless Family Court relieves
the attorney or grants the attorney's application to be relieved, in
which case the Court must appoint another attorney immediately. While
current practice whereby an attorney submits a voucher for payment at
the close of a proceeding would continue, an attorney would be able,
as in child protective proceedings, to submit a separate application
for compensation for post-dispositional services rendered.

A central precept underlying the Family Court Act is the necessity for
representation of juveniles at every stage of the proceedings. The Act
recognizes that juveniles "often require the assistance of counsel to
help protect their interests and to help them express their wishes to
the court." Family Court Act § 241. Both the JD and PINS statutes
explicitly require appointment of an attorney for the youth at the
outset of proceedings, require the attorney's personal appearance at
every hearing and provide for the continuation of the appointment on
appeal. See Family Court Act §§ 307.4(2), 320.2(2), 320.3, 341.2(1),
728(a), 741(a), 1120(b). What is less clear, however, is whether
appointment of an attorney, absent an appeal, continues after
disposition of a JD or PINS proceeding. This measure settles it that
it does.

3. Permanency planning: This measure requires that, where a
dispositional order places a juvenile with a county department of
social services, the New York City Administration for Children's
Services or the New York State Office of Children and Family Services,
the order must contain or have annexed the same elements as a child
protective placement order. These include, inter alia, a description
of the family visitation plan, the service plan if available (or if
not yet available, then within 60 days of the disposition) and a
directive that notice be given to the parents of any planning
conferences.

Unquestionably, these features of the permanency legislation, most
specifically addressing the needs of adolescents in out-of-home care,
are equally essential for the adolescents who comprise the JD and PINS
caseloads statewide. Planning for a juvenile's release to his or her
family, the predominant permanency goal in JD and PINS cases, must
begin early and, where their families will not be a resource, the
identification of a suitable permanency resource is critically
important.

4. Educational and vocational release planning in JD and PINS
proceedings: Any finding that reasonable efforts, as required by both
Federal and State law, have been made to further the permanency goals
of JDs and PINS, must include advance efforts to ensure prompt
enrollment in a school or vocational program upon release from
out-of-home care. The measure thus amends both the JD and PINS
statutes to require agencies in which youth are placed to notify the
school districts in which the youth will attend school upon release
not less than 14 days in advance thereof, to promptly transfer records
to those school districts and to try to coordinate release dates with
school terms so as to minimize disruption to the youths' educational
programs. The measure further requires that local school districts
enroll youth exiting placement within five business days of their
release; and, consistent with the school stability provisions of the
Federal Fostering Connections to Success and Adoption Improvement Act


of 2008 [Public Law 110-351], requires school authorities to ensure
that, where appropriate, students remain in the schools they attended
prior to their placement or remand into foster care.

It is ironic that PINS, who in many cases have been adjudicated for
truancy or other school difficulties, are the only category of
juveniles in Family Court who do not have specific statutory rights to
school and vocational release planning. Therefore, this measure
conforms the PINS statute to the JD school and vocational release
mandates of chapter 181 of the Laws of 2000 and to chapter 3 of the
Laws of 2005, which added identical provisions for children in foster
care. The measure requires the agency with which a PINS is placed -
the local Department of Social Services or an authorized child care
agency operating under contract - to engage in constructive planning
for the child's release, including arranging appropriate educational
and/or vocational programs, and to report to Family Court and to the
parties on such efforts. Where an extension of placement is not
sought, the measure requires a report regarding the child's release
plan 30 days prior to conclusion of the placement period. Where the
agency requests an extension of placement and permanency hearing, the
report must be annexed to the petition, which must be filed 60 days
prior to the date on which the permanency hearing must be held.

The release plan mandated in the report must delineate the steps that
the agency has taken or will be taking to ensure that the PINS will be
enrolled in school promptly after release, that his or her records
will promptly be transferred and that special education services, if
any, will continue until such time as the new local education agency
develops and implements a new Individual Education Plan, as necessary.
As in JD and foster care cases, for a PINS not subject to the State
compulsory education law who affirmatively elects not to continue in
school, the agency must describe steps taken or planned to promptly
ensure the juvenile's gainful employment or enrollment in a vocational
program In an extension of placement/ permanency hearing, this release
plan must be reviewed by Family Court together with its review of the
permanency plan and the Court's order must include a determination of
the adequacy of the release plan and specify any necessary
modifications. Recognizing that, of all children in out-of-home care,
PINS children are among the most likely to have serious educational
deficits and needs, these provisions would help ameliorate the
serious, pervasive deficiencies in agency referrals of youth to school
and vocational programs upon release from foster care.

5. Placement and permanency hearing orders: Both the Federal Adoption
and Safe Families Act [Public Law 105-89] and the Fostering
Connections to Success and Adoption Improvement Act of 2008 [Public
Law 110-351] significantly add to Family Court's responsibility to
monitor and shape the placements of youth in out-of-home care. Since
New York receives Federal foster care reimbursement under Title IV-E
of the Social Security Act for delinquent youth when they are
originally placed in or are "stepped down to" non-secure facilities
housing 25 children or fewer or to foster homes, permanency hearings
are as critical for such youth as for others in the foster care
system. If permanency hearings are not held on a timely basis even
before such youth arrive in IV-E eligible facilities, all Federal aid
is sacrificed. Even more important, an opportunity to involve the
youth in reentry planning with judicial oversight is lost. Thus, this


measure requires permanency hearings for juveniles placed with local
Departments of Social Services, with the New York City Administration
for Children's Services (including those youth in its "Close to Home"
initiative) and with State Office of Children and Family Services for
both limited secure and non-secure facilities.

Further, as in the child welfare permanency legislation, this measure
requires that permanency hearing orders in JD and PINS proceedings
include: a description of the visiting plan between juvenile and
parent or legally-responsible adult; a service plan designed to
fulfill the permanency goal for the juvenile;{1} a direction that the
parent or other person legally responsible be notified of, and invited
to be present at, any planning conferences convened by the placement
agency with respect to the juvenile; and a warning that if he or she
remains in placement for 15 out of 22 months, the agency may be
required to file a petition to terminate parental rights. A copy of
the court order and service plan must be provided to the juvenile, his
or her attorney and his or her parent or other legally responsible
individual. Cf., Family Court Act §§ 1089(d)(2)(vii)(A), 1089(e).

State and Federal law and regulations are unequivocal in their
requirements that JD and PINS cases conform to the Federal Adoption
and Safe Families Act [" ASFA," Public Law 10589]. The reauthorization
of the Federal Juvenile Justice and Delinquency Prevention Act [Public
Law 107-273] in 2002 made compliance with ASFA a requirement, not only
for New York to receive Federal foster care assistance pursuant to
Title IV-E of the Social Security Act [42 U.S.C.], but also for
eligibility for Federal juvenile justice funding from the Department
of Justice. The 2000 enactment of amendments to State legislation
implementing the Federal ASFA underscored the Legislature's
recognition that the reasonable efforts, permanency planning and
permanency hearing requirements of ASFA are fully applicable to JD and
PINS proceedings in Family Court and are critical aspects of the
State's compliance with Federal foster care [Social Security Act, 42
U.S.C. Title IV-E] funding mandates. See L. 2000, c. 145; Senate
Memorandum in Support of S 7892-a.{2} That these amendments were
compelled by Federal law is evident from regulations promulgated on
January 25, 2000 by the Children's Bureau of the United States
Department of Health and Human Services. 45 C.F R Parts 1355-1357; 65
Fed.Reg. 4019-4093 (Jan. 25, 2000).

This measure is vital to address the current conundrum faced by the
Family Court: the Court is charged with responsibility to conduct
permanency hearings, monitor permanency planning and issue
fact-specific permanency orders in JD and PINS proceedings, but is not
given the information or authority required to discharge that
responsibility. If Family Court and all parties are provided with
specific service plans, if needed services are ordered, if
representation by the juveniles' attorneys is continued without
interruption and if the agencies' responsibilities to work with, and
provide appropriate visitation to, the juveniles' parents and other
legally responsible adults are clearly articulated, the likelihood of
successful permanency planning is significantly increased. This would
benefit not only New York State in its efforts to demonstrate
compliance with ASFA, but also the juveniles, their families and the
communities to which the juveniles return.


This measure would take effect 90 days after becoming a law.

2012 Legislative History:Senate 7591 (Committee on Rules) [Rules]
Assembly 10348 (M. of A. Paulin, et al [Passed]

{1} If a service plan has not been prepared by the date of
disposition, it must be disseminated to the Family Court, presentment
agency, child's attorney and parent or person legally responsible for
the child's care within 60 days of issuance of the dispositional
order.

{2} The 2000 amendments require case-specific, rather than
categorical, exclusions of JD and PINS proceedings from the mandate to
file termination of parental rights proceedings for juveniles who have
been in care for 15 of the most recent 22 months Particularized
findings must be made at the earliest pre-trial detention hearings
regarding whether reasonable efforts had been made to prevent
detention or facilitate return home and whether detention is in the
child's best interests, Significantly, the amendments clarify that
permanency hearings must be held in JD proceedings within 30 days of a
finding that reasonable efforts are not required or, if no such
finding has been made, no later than 12 months after the child entered
foster care and every 12 months thereafter. Id. McKinney's 2000
Session L. New York, c. 145

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

                                  4083

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03049-01-3

S. 4083                             2

APPOINTED BY THE FAMILY COURT TO REPRESENT A CHILD IN A PROCEEDING UNDER
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.

S. 4083                             3

  (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-
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. 4083                             4

  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
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-

S. 4083                             5

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
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.

S. 4083                             6

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.
  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

S. 4083                             7

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
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

S. 4083                             8

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
  (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

S. 4083                             9

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
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.

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