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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Dec 13, 2019 |
tabled vetoed memo.202 |
| Dec 06, 2019 |
delivered to governor |
| Jun 19, 2019 |
returned to assembly passed senate 3rd reading cal.1736 substituted for s6535 |
| Jun 19, 2019 |
substituted by a7940 ordered to third reading cal.1736 |
| Jun 15, 2019 |
referred to rules |
Senate Bill S6535
Vetoed By Governor2019-2020 Legislative Session
Relates to permanency planning in juvenile delinquency and persons in need of supervision proceedings in family court
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status Via A7940 - Vetoed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 19, 2019
aye (44)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brooks
- Carlucci
- Comrie
- Felder
- Flanagan
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- LaValle
- Liu
- Martinez
- May
- Mayer
- Metzger
- Montgomery
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Seward
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Jun 19, 2019 - Rules Committee Vote
S653517Aye0Nay2Aye with Reservations0Absent0Excused0Abstained -
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2019-S6535 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7940
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§312.1, 320.2, 353.3, 355.5, 736, 741, 756 & 756-a, Fam Ct Act
2019-S6535 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6535
SPONSOR: MONTGOMERY
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 his Family
Court Advisory and Rules Committee.
This measure would incorporate 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. It
would provide greater specificity regarding the services that must be
provided for youth and would expand the alternatives available to the
Court both in dispositional and permanency hearings in juvenile delin-
quency and PINS cases.
When the Legislature enacted chapter 3 of the Laws of 2005 - landmark
child welfare permanency legislation - it deferred consideration of a
significant constellation of issues relating to permanency planning and
permanency hearings regarding juvenile delinquents and Persons in Need
of Supervision (PINS). Now, over a decade later, these issues remain
critically important and should be addressed comprehensively. The
permanency hearing provisions, including those regarding planning for
return of a youth from out-of-home care, are vital to successful resol-
ution of the case for that youth, his or her family and communities. Not
only are they needed so that courts may fulfill their mandates under the
Federal Adoption and Safe Families Act (Public Law 105-89), but the
recent enactment of the Federal Preventing Sex Trafficking and Strength-
ening Families Act (Public Law 113-183) has rendered the need to incor-
porate these features into statutes pertaining to juvenile delinquents
and PINS even more compelling. Most recently, in reauthorizing and
expanding the Juvenile Justice and Delinquency Prevention Act of 1974
(34 U.S.C. § 11103), the Federal Juvenile Justice Reform Act of 2018
(H.R. 6964), which was signed into law on December 21, 2018, requires
states to include prompt educational records and academic credit trans-
fers as part of the planning process for release of youth from out-of-
home care. As the Queens County Family Court has observed, permanency
hearings in juvenile delinquency and PINS proceedings "serve the same
purpose" as those in child abuse and neglect cases. See In the Matter of
Mario S., 38 Misc. 3d 444 (Fain. Ct., Qns. Co., 2012). Recently enacted
legislation, making identical modifications to the juvenile delinquency,
PINS, child protective and permanency statutes underscores this equiv-
alence. See L.2016, c. 54; L. 2015, c. 56.
For Family Court to exercise its critical monitoring functions and
convene-meaningful permanency hearings in juvenile delinquency and PINS
proceedings, it must have at least the same information as that required
in child welfare proceedings. The Court must make determinations of
specificity at least comparable to those in child welfare proceedings,
and the parties must have the benefit of continuity of legal represen-
tation. None of the applicable Federal statutes makes any distinction
between juvenile justice and child welfare proceedings for those states,
including New York, that receive significant Federal foster care funding
under Title IV-E of the Social Security Act for placements of juvenile
delinquents and status offenders.
Briefly, this instant measure contains the following provisions:
1. Notices to non-custodial parents: To ensure application of all possi-
ble resources to the resolution of juvenile delinquency and PINS
proceedings, this measure would require that non-custodial parents, if
any, be given notice 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 present-
ment agency (prosecution), would bear responsibility for asking the
custodial parent for the necessary contact information for parents other
than those already notified. In juvenile delinquency cases, the present-
ment agency must send the notice, along with a copy of the petition, to
the noncustodial parent or parents at least five days before the appear-
ance date. In PINS cases, where there generally is no presentment agen-
cy, Family Court would be charged with sending the notice. Consistent
with Family Court Act §§ 34I.2(3) and 741(c), however, the absence of
the parent who was sent a notice to appear in court would not be grounds
to delay the proceedings.
As in child abuse, child neglect and PINS proceedings, so, too, in juve-
nile delinquency proceedings a child's non-custodial parent may be a
critical participant in the dispositional process. Sometimes such a
parent, or his or her extended family, may provide vitally-needed place-
ment resources for a child, both temporarily during the pendency of the
action and on a more extended basis at disposition. Participation of
these family members may at least positively influence the child's
behavior. However, unlike statutory provisions applicable to child
protective and PINS proceedings, the Family Court Act contains no
mandate that noncustodial parents be notified, let alone be engaged in
resolving, their children's juvenile delinquency proceedings. This meas-
ure would fill that gap.
2. Continuity of counsel: The measure assures needed continuity in
representation by attorneys for juveniles in both delinquency and PINS
cases. As in Family Court Act § 1016, requiring the appointment of an
attorney for the child in a child protective proceeding to continue
during the life of a dispositional or post-dispositional order, Family
Court Act §§ 320.2(2) and 741(a) would be amended to continue the
appointment of a child's attorney in juvenile delinquency and PINS
proceedings for the duration 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, the appointment would automatically continue unless
Family Court relieves the attorney or grants his or her application to
be relieved, in which case the court must appoint another attorney imme-
diately. While the current practice whereby an attorney submits his or
her voucher for payment at the close of a proceeding would continue, the
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 of
representation of juveniles at every stage of the proceedings. This
precept is "based on a finding that counsel is often indispensable to a
practical realization of due process of law and may be helpful in making
reasoned determinations of fact and proper orders of disposition." Fami-
ly Court Act § 241. 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." Id. Both the juvenile delinquency
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 continuation of the appoint-
ment on appeal. See Family Court Act §§ 307.4(2), 320.2(2), 320.3,
341.2(1), 728(a), 741(a), 1120(b). Less clear, however, is whether
appointment of an attorney, absent an appeal, continues after the dispo-
sition of a juvenile delinquency or PINS proceeding. This measure elimi-
nates any ambiguity. Representation of juveniles in such cases after
disposition in case conferences and subsequent reviews is critically
important to ensure that effective permanency planning take s place. In
the juvenile delinquency and PINS context, this representation may
significantly further the goal of ensuring that services are in place to
facilitate the juvenile's successful reintegration into his or her
community.
3. Permanency planning: Where a dispositional order places a juvenile
with a county Department of Social Services or, for juvenile delinquents
outside New York City, places them with the State Office of Children and
Family Services ("OCFS") for non-secure or limited secure care, the
order must contain or have annexed the same elements as child protective
placement orders, including 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. These elements of a permanency
order in juvenile delinquency and PINS cases are as critical as those
already recognized by the Legislature in its recent enactments imple-
menting the Federal law, i.e., Public Law 113-183. That is, a need to
document the services necessary to assist juveniles 14 and older in
making the transition from foster care to successful adulthood; a need
in Alternative Planned Permanent Living Arrangement cases to specify "a
significant connection to an adult willing to be a permanency resource
for the child"; a need for placement agencies to document - and courts
to monitor - the provision of age and developmentally appropriate
services to youth using a "reasonable and prudent parent" standard; a
need for youth 14 and older to be integrally involved in planning their
futures and the limitation of the permanency goal of Another Planned
Permanent Living Arrangement to youth 16 years of age and older. See L.
2016, c. 54; L. 2015, c. 56.
Unquestionably, these features of the permanency legislation, most
specifically those addressing the needs of adolescents in out-of-home
care, are just as important for adolescents involved in the juvenile
delinquency and PINS caseloads of Family Courts statewide. Planning for
the juveniles' release to their families must begin early and, where
their families will not be a resource, the identification of suitable
permanency resources is critically important. As recent reports regard-
ing New York's placement system point out, youth exiting out-of-home
care are especially vulnerable and have significant needs that must be
met if they are to make a successful adjustment to the community.
4. Educational and vocational release planning in juvenile delinquency
and PINS proceedings: Any finding that reasonable efforts have been made
to further the permanency goals of juvenile delinquents and PINS must
include advance efforts to ensure their prompt enrollment in a school or
vocational program upon release from out-of-home care. This measure thus
amends both the juvenile delinquency and PINS statutes to require that
agencies in which youth are placed (i) notify the school districts where
those youth will be attending school upon release not less than 14 days
in advance of their release, (ii) promptly transfer records to those
school districts, and (iii) 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 in school within five business days of their release.
Consistent with the school stability provisions of the Federal Fostering
Connections to Success and Adoption Improvement Act of 2008 (Public Law
110-351) and the Every Student Succeeds Act (Public Law 114-95), school
authorities also would be required to ensure that, where appropriate,
students remain in the schools they attended prior to their placement or
remand into foster care. Most recently, as noted above, section 205 of
the Federal Juvenile Justice Reform Act of 2018 (11R. 6964), signed into
law on December 21, 2018, requires states to include in their state
plans prompt educational records and academic credit transfers as part
of the planning process for release of youth from out-of-home care.
It is ironic that PINS - many, if not most, of whom had 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 juvenile delinquency school and voca-
tional release mandates of chapter 181 of the Laws of 2000 and to chap-
ter 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 extension of placement is not being
sought, the measure requires a report regarding the child's release plan
30 days prior to conclusion of the placement period. Where the agency is
requesting 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 would be
enrolled in school promptly after release, that records would be prompt-
ly transferred and that special education services, if any, would
continue until such time as the new local education agency develops and
implements a new Individual Education Plan, as necessary. As in juvenile
delinquency 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 a consolidated extension of placement and permanency hear-
ing, this release plan would be reviewed by Family Court along with its
review of the permanency plan; and the Court's order would rule on 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 those most likely to have serious educational deficits and needs,
these provisions would help ameliorate the serious, pervasive deficien-
cies in agency referrals of youth to school and vocational programs upon
release from foster care.
The importance of increasing efforts to ensure that both juvenile delin-
quents and PINS stay in, re-enroll in and succeed in school cannot be
overstated. High school drop-outs are 3.5 times as likely to be arrested
as high school graduates and more than eight times more likely to be
incarcerated in jails or prisons. Even a 10% increase in graduation
rates might prevent approximately 180 murders and 9,000 aggravated
assaults in New York annually.
5. Placement and permanency hearing orders: The Federal Adoption and
Safe Families Act (Public Law 105-89), the Fostering Connections to
Success and Adoption Improvement Act of 2008 (Public Law 110-351) and,
most recently, the Preventing Sex Trafficking and Strengthening Families
Act (Public Law 113-183) significantly increase Family Court's responsi-
bility to monitor and shape placements of youth in out-of-home care,
including juvenile delinquents, since the State receives Federal foster
care reimbursement under Title IV-E of the Social Security Act for such
youth when they are originally placed in or are "stepped down to" non-
secure facilities housing 25 children or fewer or to foster homes. Thus,
this measure requires permanency hearings for juveniles placed with
local Departments of Social Services and with OCFS for limited secure
and non-secure facilities. Although the State does not receive Federal
Title IV-E foster care reimbursement for youth in limited secure facili-
ties, these youth are likely, during the course of placement, to be
transferred into 1V-E- eligible non-secure facilities. Convening perman-
ency hearings for such youth greatly facilitates the planning process
and assures compliance with the Federally-required time limits applica-
ble once youth are transferred. Such hearings are already generally the
practice statewide, thus imposing no new burdens upon OCFS, but should
be made uniform through a statutory requirement. See, e.g., Matter of
Donovan Z., 6 Misc.3d 1023(A), (Fam. Ct., Monroe Co., 2005)(Unreported
opinion).
Further, as in the child welfare permanency legislation, this measure
requires that permanency hearing orders in juvenile delinquency and PINS
proceedings include: a description of the visiting plan between the
juvenile and his or her parent or legally-responsible adult and
siblings; a service plan designed to fulfill the juvenile's permanency
goal; a direction that the parent or other person legally responsible be
notified of, and be invited to be present at, any planning conferences
convened by the placement agency with respect to the child; and a warn-
ing that if the juvenile 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 the juvenile's parent or other
legally responsible individual. Cf., Family Court Act §§
1089(d)(2)(viiXA), 1089(e).
State and Federal law and regulations clearly require that juvenile
delinquency and PINS cases conform to the Federal Adoption and Safe
Families Act ("ASFA," Public Law 105-89). 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. In
addition to the 2015 and 2016 enactments cited above, the enactment of
amendments in 2000 to State legislation implementing the Federal ASFA
underscored the Legislature's recognition that the reasonable efforts,
permanency planning and permanency hearing requirements ofASFA are fully
applicable to juvenile delinquency 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-a2.
This measure is needed to address the current conundrum faced by Family
Court: the Court is charged with responsibility to conduct permanency
hearings, monitor permanency planning and issue fact-specific permanency
orders in juvenile delinquency and PINS proceedings, but it is not given
the information or authority required to do this. 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, a juvenile's parents and other
legally responsible adults and siblings are clearly articulated, the
likelihood of successful permanency planning is significantly increased.
This would benefit not only the State in its efforts to demonstrate
compliance with ASFA, but also the juveniles, their families and the
communities to which the juveniles return.
In Matter of Robin G., 20 Misc.3d 328 (Fain. Ct., Queens Co., 2008), for
instance, at a combined permanency/extension of placement hearing, Fami-
ly Court made a finding of no reasonable efforts against OCFS since
neither it, nor the authorized agency having custody of the juvenile,
made reasonable efforts to facilitate the juvenile's return to her moth-
er's home; no services or counseling were provided to the mother, who
was not involved in the child's transition planning, and no plan was in
place to ensure that the child's mental health needs would be met upon
her release. Conversely, Matter of Donovan Z, 6 Misc.3d 1023(A), (Fam.
Ct., Monroe Co., 2005)(Unreported opinion) provides an example of a case
where, at a combined permanency/extension of placement hearing, the
Court could recognize that both the juvenile's and his mother's needs to
facilitate his ultimate release home were being met by OCFS.
This measure would take effect 90 days after becoming law.
2017-18 LEGISLATIVE HISTORY:
Senate 5713 (Sen. Avella) (ref to Children and Families)
Assembly 7556 (M. of A. Jaffee) (PASSED)
2015-16 LEGISLATIVE HISTORY:
Senate 5019 (Sen. Felder) (ref to Children and Families)
Assembly 7050 (M. of A. Lupardo) (PASSED)
2013-14 LEGISLATIVE HISTORY
Senate 4083 (Sen. Felder) (ref to Children and Families)
Assembly 2601 (M. of A. Paulin) (PASSED)
2012 LEGISLATIVE HISTORY
Senate 7591 (Rules) (ref to Rules)
Assembly 10348 (M. of A. Paulin) (PASSED)
1 See Fight Crime, Invest in Kids, Getting Juvenile Justice Right in New
York: Proven Interventions Will Cut Crime and Save Money (2007) at pages
4,6.
2 The 2000 amendments require case-specific, rather than categorical,
exclusions of juvenile delinquency and PINS proceedings from the mandate
to file termination of parental rights proceedings for juveniles 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 juvenile delinquency 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.
2019-S6535 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6535
2019-2020 Regular Sessions
I N S E N A T E
June 15, 2019
___________
Introduced by Sen. MONTGOMERY -- (at request of the Office of Court
Administration) -- read twice and ordered printed, and when printed to
be committed to the Committee on Rules
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.
§ 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.
LBD10670-02-9 S. 6535 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. § 3. Section 353.3 of the family court act is amended by adding a new subdivision 4-a to read as follows: 4-A. WHERE THE RESPONDENT IS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE COMMISSIONER OF SOCIAL SERVICES PURSUANT TO SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION, THE DISPOSITIONAL ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED BY REFERENCE INTO THE ORDER SHALL INCLUDE: (A) A DESCRIPTION OF THE PLAN TO FACILITATE VISITATION, INCLUDING ANY PLANS FOR VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS. IF THE VISITATION PLAN HAS NOT YET BEEN DEVELOPED, THEN THE VISITATION 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 DISPOSITION WAS MADE; AND (B) A SERVICE PLAN, IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET BEEN DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE COURT AND DELIV- ERED TO THE PRESENTMENT AGENCY, ATTORNEY FOR THE RESPONDENT AND PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE CARE OF THE RESPONDENT NO LATER THAN SIXTY DAYS FROM THE DATE THE DISPOSITION WAS MADE; AND (C) 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; AND, FURTHER, THAT THE RESPONDENT, IF FOURTEEN YEARS OF AGE OR OLDER, BE INVOLVED IN THE DEVELOPMENT OF PLANS AS REQUIRED BY FEDERAL LAW. 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. § 4. Paragraphs (a), (b) and (c) of subdivision 7 of section 353.3 of the family court act, paragraphs (a) and (b) as amended by section 6 of S. 6535 3 part G of chapter 58 of the laws of 2010, and paragraph (c) as amended by section 16 of part L of chapter 56 of the laws of 2015, are amended to read as follows: (a) Where the respondent is placed pursuant to subdivision two [or], TWO-A, three OR FOUR of this section and where the agency is not seeking an extension of the placement pursuant to section 355.3 of this part, such report shall be submitted not later than thirty days prior to the conclusion of the placement. (b) Where the respondent is placed pursuant to subdivision two [or], TWO-A, three OR FOUR of this section and where the agency is seeking an extension 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], TWO-A, 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, or to another permanency alternative as provided in paragraph (d) of subdivision seven of section 355.5 of this part. FOR PURPOSES OF THIS PARAGRAPH, "PLACE- MENT AGENCY" SHALL REFER TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE COMMISSIONER OF SOCIAL SERVICES OR THE AUTHORIZED AGENCY UNDER CONTRACT WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES OR COMMISSIONER OF SOCIAL SERVICES 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 THE RESPONDENT'S RELEASE FROM THE PROGRAM AND ENROLLMENT IN SCHOOL ARE MINIMALLY DISRUP- TIVE 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 ACADEM- IC 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. S. 6535 4 (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. § 5. The opening paragraph of subdivision 2, the opening paragraph of subdivision 3, subdivisions 5 and 6, and paragraph (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 as added by chapter 7 of the laws of 1999, subdivision 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 section 18 of part L of chapter 56 of the laws of 2015, 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, TWO-A, THREE OR FOUR OF section 353.3 of this [article] PART for a peri- od 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, TWO-A, THREE OR FOUR OF section 353.3 of this [article] PART for a peri- od 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 HEARING REPORT THAT CONTAINS THE INFORMATION REQUIRED BY SUBDIVISION SEVEN OF SECTION 353.3 OF THIS PART AND SUBDIVI- SION (C) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT REGARDING THE DETERMINATIONS THAT THE COURT MUST MAKE IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION. 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, AS WELL AS THE RESPONDENT'S PARENTS AND OTHER PERSONS LEGALLY RESPONSIBLE FOR THE RESPONDENT'S CARE, shall be provided with notice of any permanency hear- ing held pursuant to this section by the office of children and family services or the 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 S. 6535 5 hearing nor shall such failure to appear be a ground for the invali- dation of any order issued by the court pursuant to this section. (d) with regard to the completion of placement ordered by the court pursuant to section 353.3 or 355.3 of this part: whether and when the respondent: (i) will be returned to the parent OR PARENTS OR OTHER PERSONS LEGALLY RESPONSIBLE FOR THE RESPONDENT'S CARE; (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 permanently with a fit and willing relative; or (v) should be placed in another planned permanent living arrangement with a significant connection to an adult willing to be a permanency resource for the respondent if the respondent is age sixteen or older and (A) the office of children and family services or the local commissioner of social services has documented to the court: (1) the intensive, ongoing, and, as of the date of the hear- ing, unsuccessful efforts made to return the respondent home or secure a placement for the respondent with a fit and willing relative including adult siblings, a legal guardian, or an adoptive parent, including through efforts that utilize search technology including social media to find biological family members for children, (2) the steps being taken to ensure that (I) the respondent's foster family home or child care facility is following the reasonable and prudent parent standard in accordance with guidance provided by the United States department of health and human services, and (II) the respondent has regular, ongoing opportunities to engage in age or developmentally appropriate activities including by consulting with the respondent in an age-appropriate manner about the opportunities of the respondent to participate in activities; and (B) the office of children and family services or the local commis- sioner of social services has documented to the court and the court has determined that there are compelling reasons for determining that it continues to 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 (C) the court has made a determination explaining why, as of the date of this hearing, another planned living arrangement with a significant connection to an adult willing to be a permanency resource for the respondent is the best permanency plan for the respondent; 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, INCLUDING ANY PLANS FOR VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS; (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'S CARE SHALL BE NOTIFIED OF ANY PLANNING CONFERENCES, INCLUDING THOSE HELD PURSUANT TO SUBDIVI- SION 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 AND, FURTHER, THAT THE RESPONDENT, IF FOURTEEN YEARS OF AGE OR OLDER, BE INVOLVED IN THE DEVEL- OPMENT OF PLANS AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION. S. 6535 6 (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 FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD, THE COURT MAY INCLUDE IN ITS ORDER A DIRECTION FOR A LOCAL SOCIAL SERVICES, MENTAL HEALTH OR PROBATION OFFICIAL OR AN OFFI- CIAL OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR OFFICE OF MENTAL 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 OFFI- CIAL TO MAKE PERIODIC PROGRESS REPORTS TO THE COURT ON THE IMPLEMENTA- TION OF SUCH ORDER. VIOLATION OF SUCH ORDER SHALL BE SUBJECT TO PUNISH- MENT 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'S CARE. 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. § 6. Section 736 of the family court act is amended by adding a new subdivision 5 to read as follows: (5) 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 CHILD, PROVIDED THAT THE ADDRESS OF SUCH PARENT IS KNOWN TO OR IS ASCERTAINABLE BY THE COURT. SERVICE SHALL BE MADE BY ORDINARY FIRST CLASS MAIL AT SUCH PARENT'S LAST KNOWN RESIDENCE. THE FAILURE OF SUCH PARENT TO APPEAR SHALL NOT BE CAUSE FOR DELAY OF THE PROCEEDINGS. § 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. [Provided, however, that in] IN the event of the failure 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 commencement 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 S. 6535 7 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 PETI- TION. THE ATTORNEY SHALL, BY SEPARATE APPLICATION, BE ENTITLED TO COMPENSATION FOR SERVICES RENDERED AFTER THE DISPOSITION OF THE PETI- TION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY OF THE COURT TO REMOVE AN ATTORNEY FROM HIS OR HER ASSIGNMENT. § 8. Section 756 of the family court act is amended by adding two new subdivisions (f) and (g) to read as follows: (F) 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: (I) A DESCRIPTION OF THE VISITATION PLAN, INCLUDING ANY PLANS FOR VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS. IF THE VISITATION PLAN HAS NOT YET BEEN DEVELOPED, THEN THE VISITATION 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 SEVEN DAYS FROM THE DATE THE DISPOSITION WAS MADE; (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 SEVEN 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 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 AND, FURTHER, THAT THE RESPONDENT, IF FOURTEEN YEARS OF AGE OR OLDER, BE INVOLVED IN THE DEVELOPMENT OF PLANS AS REQUIRED BY PARAGRAPH (II) OF SUBDIVISION (D-1) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART. 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. (G) WHERE THE RESPONDENT HAS BEEN PLACED PURSUANT TO THIS SECTION, THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR THE RELATIVE OR SUITABLE PERSON WITH WHOM THE RESPONDENT HAS BEEN PLACED SHALL SUBMIT A REPORT TO THE COURT, THE ATTORNEY FOR THE RESPONDENT AND THE PRESENTMENT AGENCY, IF S. 6535 8 ANY, NOT LATER THAN FIFTEEN DAYS PRIOR TO THE CONCLUSION OF THE PLACE- MENT PERIOD, WHICH, AMONG OTHER INFORMATION, CONTAINS 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. THE PLAN FOR THE RESPONDENT'S RELEASE 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 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 THE 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 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. § 9. Subdivisions (a), (b), (d) and paragraph (v) of subdivision (d-1) of section 756-a of the family court act, as amended by section 14-a of part K of chapter 56 of the laws of 2019, are amended, subdivision (d-1) is amended by adding a new paragraph (vi) and three new subdivisions (h), (i), and (j) are added to read as follows: (a) In any case in which the [child] RESPONDENT has been placed pursu- ant to [paragraph (iii) of paragraph (a) of] section seven hundred fifty-six of this part, the [child] RESPONDENT, the person with whom the [child] RESPONDENT has been placed or the commissioner of social services may petition the court to extend such placement, as provided for in this section. Such petition, ACCOMPANIED BY A PERMANENCY HEARING REPORT, shall be filed at least fifteen days prior to the expiration of the initial placement and at least thirty days prior to the expiration of the period of any additional placement authorized pursuant to this section, except for good cause shown, but in no event shall such peti- tion AND PERMANENCY HEARING REPORT be filed after the original expira- tion date. S. 6535 9 (I) THE PERMANENCY HEARING REPORT SHALL CONTAIN THE INFORMATION REQUIRED BY SUBDIVISION (C) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT AND SHALL CONTAIN RECOMMENDATIONS AND SUCH SUPPORTING DATA AS IS APPROPRIATE REGARDING THE DETERMINATIONS THAT THE COURT MUST MAKE IN ACCORDANCE WITH SUBDIVISION (D-1) OF THIS SECTION. THE PERMANENCY HEAR- ING REPORT SHALL INCLUDE, BUT IS NOT 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-1) OF THIS SECTION. 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 SOCIAL SERVICES 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 THE 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. (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 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 HEARING REPORT SHALL BE SERVED ON THE RESPONDENT'S ATTORNEY AND UPON THE RESPONDENT'S PARENT OR PARENTS. S. 6535 10 (d) (i) At the conclusion of the first permanency hearing the court may, in its discretion, order one extension of the placement for not more than six months; (ii) At the conclusion of the second permanency hearing, the court may, in its discretion, order one extension of placement for not more than four months unless: (A) The attorney for the child, at the request of the child, seeks an additional length of stay for the child in such program. If a request is made pursuant to this subparagraph, the court shall determine whether to grant such request based on the best interest of the child; or (B) The court finds that extenuating circumstances [exists] EXIST that necessitate THAT the child be placed out of the home. (III) AN EXTENSION OF PLACEMENT UNDER THIS SECTION MAY INCLUDE A PERI- OD OF POST-RELEASE SUPERVISION AND AFTERCARE; (v) where the child will not be returned home, consideration of appro- priate in-state and out-of-state placements[.]; AND (VI) WITH REGARD TO THE PLACEMENT OR EXTENSION OF PLACEMENT ORDERED BY THE COURT PURSUANT TO SUBDIVISION (D) OF THIS SECTION, THE STEPS THAT MUST BE TAKEN BY THE AGENCY WITH WHICH THE RESPONDENT IS PLACED TO IMPLEMENT THE PLAN FOR RELEASE SUBMITTED PURSUANT TO PARAGRAPH (I) OF SUBDIVISION (A) OF SUCH SECTION, THE ADEQUACY OF SUCH PLAN AND ANY MODIFICATIONS THAT SHOULD BE MADE TO SUCH PLAN. (H) IF THE ORDER FROM THE PERMANENCY HEARING EXTENDS THE RESPONDENT'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: (I) A DESCRIPTION OF THE PLAN TO FACILITATE VISITATION, INCLUDING ANY PLANS FOR VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS; (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'S CARE SHALL BE NOTIFIED OF ANY PLANNING CONFERENCES, INCLUDING THOSE HELD PURSUANT TO SUBDIVI- SION 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 AND, FURTHER, THAT THE RESPONDENT, IF FOURTEEN YEARS OF AGE OR OLDER, BE INVOLVED IN THE DEVEL- OPMENT OF PLANS AS REQUIRED BY PARAGRAPH (II) OF SUBDIVISION (D-1) OF THIS SECTION. (I) 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 WOULD MAKE IT POSSIBLE FOR THE RESPONDENT TO SAFELY RETURN HOME OR TO MAKE THE TRANSI- TION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD, 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 MENTAL 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. S. 6535 11 (J) 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'S CARE. 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. § 10. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law; provided, however, that if part K of chapter 56 of the laws of 2019 shall not have taken effect on or before such date then sections eight and nine of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2019 takes effect.
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