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This entry was published on 2014-09-22
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SECTION 1055-A
Substantial failure of a material condition of surrender; enforcement of a contact agreement
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 5
§ 1055-a. Substantial failure of a material condition of surrender;
enforcement of a contact agreement. (a) In case of a substantial
failure of a material condition in a surrender executed pursuant to
section three hundred eighty-three-c of the social services law prior to
finalization of the adoption of the child, the court shall possess
continuing jurisdiction in accordance with subdivision six of such
section to rehear the matter upon the filing of a petition by the
authorized agency, the parent or the attorney for the child or whenever
the court deems necessary. In such case, the authorized agency shall
notify the parent, unless such notice is expressly waived by a statement
written by the parent and appended to or included in such instrument,
the attorney for the child and the court that approved the surrender
within twenty days of any substantial failure to comply with a material
condition of the surrender prior to the finalization of the adoption of
the child. In such case, the authorized agency shall file a petition on
notice to the parent unless notice is expressly waived by a statement
written by the parent and appended to or included in such instrument and
the attorney for the child in accordance with this section within thirty
days of such failure, except for good cause shown, in order for the
court to review such failure and, where necessary, to hold a hearing;
provided, however, that in the absence of such filing, the parent and/or
attorney for the child may file such a petition at any time up to sixty
days after notification of the failure. Such petition filed by a parent
or child's attorney must be filed prior to the adoption of the child.

(b) If an agreement for continuing contact and communication pursuant
to paragraph (b) of subdivision two of section three hundred
eighty-three-c of the social services law is approved by the court, and
the child who is the subject of the approved agreement has not yet been
adopted, any party to the approved agreement may file a petition with
the family court in the county where the agreement was approved to
enforce such agreement. A copy of the approved agreement shall be
annexed to such petition. The court shall enter an order enforcing
communication or contact pursuant to the terms and conditions of the
agreement unless the court finds that enforcement would not be in the
best interests of the child.

(c) Nothing in this section shall limit the rights and remedies
available to the parties and the attorney for the child pursuant to
section one hundred twelve-b of the domestic relations law with respect
to a failure to comply with a material condition of a surrender
subsequent to the finalization of the adoption of the child.