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This entry was published on 2016-06-24
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SECTION 1052
Disposition on adjudication
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 5
§ 1052. Disposition on adjudication. (a) At the conclusion of a
dispositional hearing under this article, the court shall enter an order
of disposition directing one or more of the following:

(i) suspending judgment in accord with section one thousand
fifty-three of this part; or

(ii) releasing the child to a non-respondent parent or parents or
legal custodian or custodians or guardian or guardians, who is not or
are not respondents in the proceeding, in accord with section one
thousand fifty-four of this part; or

(iii) placing the child in accord with section one thousand fifty-five
of this part; or

(iv) making an order of protection in accord with section one thousand
fifty-six of this part; or

(v) releasing the child to the respondent or respondents or placing
the respondent or respondents under supervision, or both, in accord with
section one thousand fifty-seven of this part; or

(vi) granting custody of the child to a respondent parent or parents,
a relative or relatives or a suitable person or persons pursuant to
article six of this act and section one thousand fifty-five-b of this
part; or

(vii) granting custody of the child to a non-respondent parent or
parents pursuant to article six of this act.

However, the court shall not enter an order of disposition combining
placement of the child under paragraph (iii) of this subdivision with a
disposition under paragraph (i) or (ii) of this subdivision. An order
granting custody of the child pursuant to paragraph (vi) or (vii) of
this subdivision shall not be combined with any other disposition under
this subdivision.

(b) (i) The order of the court shall state the grounds for any
disposition made under this section. If the court places the child in
accord with section one thousand fifty-five of this part, the court in
its order shall determine:

(A) whether continuation in the child's home would be contrary to the
best interests of the child and where appropriate, that reasonable
efforts were made prior to the date of the dispositional hearing held
pursuant to this article to prevent or eliminate the need for removal of
the child from his or her home and if the child was removed from the
home prior to the date of such hearing, that such removal was in the
child's best interests and, where appropriate, reasonable efforts were
made to make it possible for the child to safely return home. 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, or if the permanency plan for the
child is adoption, guardianship or another permanent living arrangement
other than reunification with the parent or parents of the child, the
court order shall include a finding that reasonable efforts, including
consideration of appropriate in-state and out-of-state placements, are
being made to make and finalize such alternate permanent placement.

For the purpose of this section, reasonable efforts to prevent or
eliminate the need for removing the child from the home of the child or
to make it possible for the child to return safely to the home of the
child shall not be required where, upon motion with notice by the social
services official, the court determines that:

(1) the parent of such child has subjected the child to aggravated
circumstances, as defined in subdivision (j) of section one thousand
twelve of this article;

(2) the parent of such child has been convicted of (i) murder in the
first degree as defined in section 125.27 or murder in the second degree
as defined in section 125.25 of the penal law and the victim was another
child of the parent; or (ii) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second degree as defined in
section 125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have acted voluntarily
in committing such crime;

(3) the parent of such child has been convicted of an attempt to
commit any of the foregoing crimes, and the victim or intended victim
was the child or another child of the parent; or has been convicted of
criminal solicitation as defined in article one hundred, conspiracy as
defined in article one hundred five or criminal facilitation as defined
in article one hundred fifteen of the penal law for conspiring,
soliciting or facilitating any of the foregoing crimes, and the victim
or intended victim was the child or another child of the parent;

(4) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, assault in the first degree
as defined in section 120.10 or aggravated assault upon a person less
than eleven years old as defined in section 120.12 of the penal law, and
the commission of one of the foregoing crimes resulted in serious
physical injury to the child or another child of the parent;

(5) the parent of such child has been convicted in any other
jurisdiction of an offense which includes all of the essential elements
of any crime specified in clause two, three or four of this
subparagraph, and the victim of such offense was the child or another
child of the parent; or

(6) the parental rights of the parent to a sibling of such child have
been involuntarily terminated;
unless the court determines that providing reasonable efforts would be
in the best interests of the child, not contrary to the health and
safety of the child, and would likely result in the reunification of the
parent and the child in the foreseeable future. The court shall state
such findings in its order.

(7) If the court determines that reasonable efforts are not to be
required because of one of the grounds set forth above, a permanency
hearing shall be held within thirty days of the finding of the court
that such efforts are not required. At the permanency hearing, the court
shall determine the appropriateness of the permanency plan prepared by
the social services official which shall include whether or when the
child: (i) will be returned to the parent; (ii) should be placed for
adoption with the social services official 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 that includes a significant connection to an adult willing
to be a permanency resource for the child, if the child is age sixteen
or older and if the requirements of clause (E) of subparagraph (i) of
paragraph two of subdivision (d) of section one thousand eighty-nine of
the chapter have been met. The social services official shall thereafter
make reasonable efforts to place the child in a timely manner, including
consideration of appropriate in-state and out-of-state placements, and
to complete whatever steps are necessary to finalize the permanent
placement of the child as set forth in the permanency plan approved by
the court. If reasonable efforts are determined by the court not to be
required because of one of the grounds set forth in this paragraph, the
social services official may file a petition for termination of parental
rights in accordance with section three hundred eighty-four-b of the
social services law.

For the purpose of this section, in determining reasonable effort to
be made with respect to a child, and in making such reasonable efforts,
the child's health and safety shall be the paramount concern.

For the purpose of this section, a sibling shall include a
half-sibling;

(B) if the child has attained the age of sixteen, the services needed,
if any, to assist the child to make the transition from foster care to
independent living. Where the court finds that the local department of
social services has not made reasonable efforts to prevent or eliminate
the need for placement, and that such efforts would be appropriate, it
shall direct the local department of social services to make such
efforts pursuant to section one thousand fifteen-a of this article, and
shall adjourn the hearing for a reasonable period of time for such
purpose when the court determines that additional time is necessary and
appropriate to make such efforts; and

(C) whether the local social services district made a reasonable
search to locate relatives of the child as required pursuant to section
one thousand seventeen of this article. In making such determination,
the court shall consider whether the local social services district
engaged in a search to locate any non-respondent parent and whether the
local social services district attempted to locate all of the child's
grandparents, all suitable relatives identified by any respondent parent
and any non-respondent parent and all relatives identified by a child
over the age of five as relatives who play or have played a significant
positive role in the child's life.

(ii) The court shall also consider and determine whether the need for
placement of the child would be eliminated by the issuance of an order
of protection, as provided for in paragraph (iv) of subdivision (a) of
this section, directing the removal of a person or persons from the
child's residence. Such determination shall consider the occurrence, if
any, of domestic violence in the child's residence.

(c) Prior to granting an order of disposition pursuant to subdivision
(a) of this section following an adjudication of child abuse, as defined
in paragraph (i) of subdivision (e) of section ten hundred twelve of
this act or a finding of a felony sex offense as defined in sections
130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65 and 130.70 of the
penal law, the court shall advise the respondent that any subsequent
adjudication of child abuse, as defined in paragraph (i) of subdivision
(e) of section one thousand twelve of this act or any subsequent finding
of a felony sex offense as defined in those sections of the penal law
herein enumerated, arising out of acts of the respondent may result in
the commitment of the guardianship and custody of the child or another
child pursuant to section three hundred eighty-four-b of the social
services law. The order in such cases shall contain a statement that any
subsequent adjudication of child abuse or finding of a felony sex
offense as described herein may result in the commitment of the
guardianship and custody of the child, or another child pursuant to
section three hundred eighty-four-b of the social services law.