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This entry was published on 2019-03-15
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SECTION 1035
Issuance of summons; notice to certain interested persons and intervention
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 3
§ 1035. Issuance of summons; notice to certain interested persons and
intervention.

(a) On the filing of a petition under this article where the child has
been removed from his or her home, unless a warrant is issued pursuant
to section one thousand thirty-seven of this part, the court shall cause
a copy of the petition and a summons to be issued the same day the
petition is filed, clearly marked on the face thereof "Child Abuse
Case", as applicable, requiring the parent or other person legally
responsible for the child's care or with whom he or she had been
residing to appear at the court within three court days to answer the
petition, unless a shorter time for a hearing to occur is prescribed in
part two of this article.

(b) In a proceeding to determine abuse or neglect, the summons shall
contain a statement in conspicuous print informing the respondent that:

(i) the proceeding may lead to the filing of a petition under the
social services law for the termination of respondent's parental rights
and commitment of guardianship and custody of the child for the purpose
of adoption; and

(ii) if the child is placed and remains in foster care for fifteen of
the most recent twenty-two months, the agency may be required by law to
file a petition for termination of respondent's parental rights and
commitment of guardianship and custody of the child for the purposes of
adoption.

(c) On the filing of a petition under this article where the child has
not been removed from his or her home, the court shall forthwith cause a
copy of the petition and a summons to be issued, clearly marked on the
face thereof "Child Abuse Case", as applicable, requiring the parent or
other person legally responsible for the child's care or with whom the
child is residing to appear at the court to answer the petition within
seven court days. The court may also require the person thus summoned to
produce the child at the time and place named.

(d) Where the respondent is not the child's parent, service of the
summons and petition shall also be ordered on both of the child's
parents; where only one of the child's parents is the respondent,
service of the summons and petition shall also be ordered on the child's
other parent. The summons and petition shall be accompanied by a notice
of pendency of the child protective proceeding advising the parents or
parent of the right to appear and participate in the proceeding as an
interested party intervenor for the purpose of seeking temporary and
permanent release of the child under this article or custody of the
child under article six of this act, and to participate thereby in all
arguments and hearings insofar as they affect the temporary release or
custody of the child during fact-finding proceedings, and in all phases
of dispositional proceedings. The notice shall also advise the parent or
parents of the right to counsel, including assigned counsel, pursuant to
section two hundred sixty-two of this act, and also indicate that:

(i) upon good cause, the court may order an investigation pursuant to
section one thousand thirty-four of this part to determine whether a
petition should be filed naming such parent or parents as respondents;

(ii) if the court determines that the child must be removed from his
or her home, the court may order an investigation to determine whether
the non-respondent parent or parents would be suitable custodians for
the child; and

(iii) if the child is placed and remains in foster care for fifteen of
the most recent twenty-two months, the agency may be required by law to
file a petition for termination of the parental rights of the parent or
parents and commitment of guardianship and custody of the child for the
purposes of adoption, even if the parent or parents were not named as a
respondent or as respondents in the child abuse or neglect proceeding.

(e) The summons, petition and notice of pendency of a child protective
proceeding served on the child's non-custodial parent in accordance with
subdivision (d) of this section shall, if applicable, be served together
with a notice that the child was removed from his or her home by a
social services official. Such notice shall also include the name and
address of the official to whom temporary custody of the child has been
transferred, the name and address of the agency or official with whom
the child has been temporarily placed, if different, and shall advise
such parent of the right to request temporary and permanent custody and
to seek enforcement of visitation rights with the child as provided for
in part eight of this article.

(f) The child's adult sibling, grandparent, aunt or uncle not named as
respondent in the petition, may, upon consent of the child's parent
appearing in the proceeding, or where such parent has not appeared then
without such consent, move to intervene in the proceeding as an
interested party intervenor for the purpose of seeking temporary or
permanent custody of the child, and upon the granting of such motion
shall be permitted to participate in all arguments and hearings insofar
as they affect the temporary custody of the child during fact-finding
proceedings, and in all phases of dispositional proceedings. Such
motions for intervention shall be liberally granted.

(g) Where the petition filed under this article contains an allegation
of a failure by the respondent to provide education to the child in
accordance with article sixty-five of the education law, and where at
any stage of the proceeding, the court determines that assistance by the
school district or local educational agency would aid in the resolution
of the education-related allegation, the school district or local
educational agency may be notified by the court and given an opportunity
to be heard.