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This entry was published on 2021-11-12
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SECTION 1017
Placement of children
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 1
§ 1017. Placement of children. 1. In any proceeding under this
article, when the court determines that a child must be removed from his
or her home, pursuant to part two of this article, or placed, pursuant
to section one thousand fifty-five of this article:

(a) the court shall direct the local commissioner of social services
to conduct an immediate investigation to locate any non-respondent
parent of the child and any relatives of the child, including all of the
child's grandparents, all relatives or suitable persons identified by
any respondent parent or any non-respondent parent and any relative
identified by a child over the age of five as a relative who plays or
has played a significant positive role in his or her life. The local
commissioner shall inform them in writing of the pendency of the
proceeding and of the opportunity for non-respondent parents to seek
temporary release of the child under this article or custody under
article six of this act or for relatives to seek to become foster
parents or to provide free care under this article or to seek custody
pursuant to article six of this act; or for suitable persons to become
foster parents or provide free care under this article or to seek
guardianship pursuant to article six of this act. Uniform statewide
rules of court shall specify the contents of the notice consistent with
the provisions of this section. The local commissioner of social
services shall report the results of such investigation, or
investigations to the court and parties, including the attorney for the
child. The local commissioner shall also record the results of the
investigation or investigations, including, but not limited to, the
name, last known address, social security number, employer's address and
any other identifying information to the extent known regarding any
non-respondent parent, in the uniform case record maintained pursuant to
section four hundred nine-f of the social services law. For the purpose
of this section, "non-respondent parent" shall include a person entitled
to notice of the pendency of the proceeding and of the right to
intervene as an interested party pursuant to subdivision (d) of section
one thousand thirty-five of this article, and a non-custodial parent
entitled to notice and the right to enforce visitation rights pursuant
to subdivision (e) of section one thousand thirty-five of this article.

(b) The court shall also direct the local commissioner of social
services to conduct an investigation to locate any person who is not
recognized to be the child's legal parent and does not have the rights
of a legal parent under the laws of the state of New York but who (i)
has filed with a putative father registry an instrument acknowledging
parentage of the child, pursuant to section 4-1.2 of the estates, powers
and trusts law, or (ii) has a pending parentage petition, or (iii) has
been identified as a parent of the child by the child's other parent in
a written sworn statement. The local commissioner of social services
shall report the results of such investigation to the court and parties,
including the attorney for the child.

(c) The court shall determine:

(i) whether there is a non-respondent parent, relative or suitable
person with whom such child may appropriately reside; and

(ii) in the case of a relative or suitable person, whether such
individual seeks approval as a foster parent pursuant to the social
services law for the purposes of providing care for such child, or
wishes to provide free care for the child during the pendency of any
orders pursuant to this article.

2. The court shall, upon receipt of the report of the investigation
ordered pursuant to subdivision one of this section:

(a) where the court, after a review of the reports of the sex offender
registry established and maintained pursuant to section one hundred
sixty-eight-b of the correction law, reports of the statewide
computerized registry of orders of protection established and maintained
pursuant to section two hundred twenty-one-a of the executive law,
related decisions in court proceedings under this article and all
warrants issued under this act, determines that the child may
appropriately reside with a non-respondent parent or other relative or
suitable person, either:

(i) grant a temporary order of custody or guardianship to such
non-respondent parent, relative or suitable person pursuant to a
petition filed under article six of this act pending further order of
the court, or at disposition of the proceeding, grant a final order of
custody or guardianship to such non-respondent parent, relative or
suitable person pursuant to article six of this act and section one
thousand fifty-five-b of this article; or

(ii) temporarily release the child directly to such non-respondent
parent or temporarily place the child with a relative or suitable person
pursuant to this article during the pendency of the proceeding or until
further order of the court, whichever is earlier and conduct such other
and further investigations as the court deems necessary. The court may
direct the commissioner of social services, pursuant to regulations of
the office of children and family services, to commence an investigation
of the home of such non-respondent parent, relative or suitable person
within twenty-four hours and to report the results to the court and the
parties, including the attorney for the child. If the home of a
non-respondent parent, relative or suitable person, is found unqualified
as appropriate for the temporary release or placement of the child under
this article, the local commissioner shall report such fact and the
reasons therefor to the court and the parties, including the attorney
for the child, forthwith; or

(iii) remand or place the child, as applicable, with the local
commissioner of social services and direct such commissioner to have the
child reside with such relative or suitable person and further direct
such commissioner pursuant to regulations of the office of children and
family services, to commence an investigation of the home of such
relative or other suitable person within twenty-four hours and
thereafter approve such relative or other suitable person, if qualified,
as a foster parent. If such home is found to be unqualified for
approval, the local commissioner shall report such fact and the reasons
thereafter to the court and the parties, including the attorney for the
child, forthwith.

(b) where the court determines that a suitable non-respondent parent
or other person related to the child cannot be located, remand or place
the child with a suitable person, pursuant to subdivision (b) of section
one thousand twenty-seven or subdivision (a) of section one thousand
fifty-five of this article, or remand or place the child in the custody
of the local commissioner of social services pursuant to subdivision (b)
of section one thousand twenty-seven or subdivision (a) of section one
thousand fifty-five of this article. The court in its discretion may
direct that such commissioner have the child reside in a specific
certified foster home where the court determines that such placement is
in furtherance of the child's best interests.

3. An order temporarily releasing a child to a non-respondent parent
or parents, or temporarily placing a child with a relative or relatives
or other suitable person or persons pursuant to subparagraph (ii) of
paragraph (a) of subdivision two of this section or remanding or placing
a child with a local commissioner of social services to reside with a
relative or relatives or suitable person or persons as foster parents
pursuant to subparagraph (iii) of paragraph (a) of subdivision two of
this section may not be granted unless the person or persons to whom the
child is released, remanded or placed submits to the jurisdiction of the
court with respect to the child. The order shall set forth the terms and
conditions applicable to such person or persons and child protective
agency, social services official and duly authorized agency with respect
to the child and may include, but may not be limited to, a direction for
such person or persons to cooperate in making the child available for
court-ordered visitation with respondents, siblings and others and for
appointments with and visits by the child protective agency, including
visits in the home and in-person contact with the child protective
agency, social services official or duly authorized agency, and for
appointments with the child's attorney, clinician or other individual or
program providing services to the child during the pendency of the
proceeding. The court also may issue a temporary order of protection
under subdivision (f) of section one thousand twenty-two, section one
thousand twenty-three or section one thousand twenty-nine of this
article and an order directing that services be provided pursuant to
section one thousand fifteen-a of this part.

4. Nothing in this section shall be deemed to limit, impair or
restrict the ability of the court to remove a child from his or her home
as authorized by law, or the right of a party to a hearing pursuant to
section ten hundred twenty-eight of this article.

5. (a) In any case in which an order has been issued pursuant to this
article remanding or placing a child in the custody of the local social
services district, the social services official or authorized agency
charged with custody or care of the child shall report any anticipated
change in placement to the court and the attorneys for the parties,
including the attorney for the child, forthwith, but not later than one
business day following either the decision to change the placement or
the actual date the placement change occurred, whichever is sooner. Such
notice shall indicate the date that the placement change is anticipated
to occur or the date the placement change occurred, as applicable.
Provided, however, if such notice lists an anticipated date for the
placement change, the local social services district or authorized
agency shall subsequently notify the court and attorneys for the
parties, including the attorney for the child, of the date the placement
change occurred; such notice shall occur no later than one business day
following the placement change.

(b) When a child whose legal custody was transferred to the
commissioner of a local social services district in accordance with this
section resides in a qualified residential treatment program, as defined
in section four hundred nine-h of the social services law, and where
such child's initial placement or change in placement in such program
commenced on or after September twenty-ninth, two thousand twenty-one,
upon receipt of notice required pursuant to paragraph (a) of this
subdivision and motion of the local social services district, the court
shall schedule a court review to make an assessment and determination of
such placement in accordance with section one thousand fifty-five-c of
this article. Notwithstanding any other provision of law to the
contrary, such court review shall occur no later than sixty days from
the date the placement of the child in the qualified residential
treatment program commenced.