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This entry was published on 2014-09-22
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SECTION 1028
Application to return child temporarily removed
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 2
§ 1028. Application to return child temporarily removed. (a) Upon the
application of the parent or other person legally responsible for the
care of a child temporarily removed under this part or upon the
application of the child's attorney for an order returning the child,
the court shall hold a hearing to determine whether the child should be
returned (i) unless there has been a hearing pursuant to section one
thousand twenty-seven of this article on the removal of the child at
which the parent or other person legally responsible for the child's
care was present and had the opportunity to be represented by counsel,
or (ii) upon good cause shown. Except for good cause shown, such hearing
shall be held within three court days of the application and shall not
be adjourned. Upon such hearing, the court shall grant the application,
unless it finds that the return presents an imminent risk to the child's
life or health. If a parent or other person legally responsible for the
care of a child waives his or her right to a hearing under this section,
the court shall advise such person at that time that, notwithstanding
such waiver, an application under this section may be made at any time
during the pendency of the proceedings.

(b) In determining whether temporary removal of the child is necessary
to avoid imminent risk to the child's life or health, the court shall
consider and determine in its order whether continuation in the child's
home would be contrary to the best interests of the child and where
appropriate, whether reasonable efforts were made prior to the date of
the hearing to prevent or eliminate the need for removal of the child
from the home and where appropriate, whether reasonable efforts were
made after removal of the child to make it possible for the child to
safely return home.

(c) If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that the lack of such efforts was appropriate under the
circumstances, the court order shall include such a finding.

(d) If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that such efforts were appropriate under the circumstances, the
court shall order the child protective agency to provide or arrange for
the provision of appropriate services or assistance to the child and the
child's family pursuant to section one thousand fifteen-a or as
enumerated in subdivision (c) of section one thousand twenty-two of this
article, notwithstanding the fact that a petition has been filed.

(e) The court may issue a temporary order of protection pursuant to
section ten hundred twenty-nine of this article as an alternative to or
in conjunction with any other order or disposition authorized under this
section.

(f) The court shall also consider and determine whether imminent risk
to the child would be eliminated by the issuance of a temporary order of
protection, pursuant to section ten hundred twenty-nine of this article,
directing the removal of a person or persons from the child's residence.