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This entry was published on 2014-09-22
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SECTION 1093
Originating proceedings
Family Court Act (FCT) CHAPTER 686, ARTICLE 10-C
§ 1093. Originating proceedings. (a) Filing of the petition. Only a
commissioner of social services may originate a proceeding under this
article. A proceeding under this article may be originated by the filing
of a petition alleging that the child is a destitute child as defined by
section one thousand ninety-two of this article. A commissioner of
social services, who accepts the care and custody of a child appearing
to be a destitute child, shall provide for such child as authorized by
law, including but not limited to section three hundred ninety-eight of
the social services law, and shall file a petition pursuant to this
section within fourteen days upon accepting the care and custody of such
child.

(b) Venue. A petition under this article shall be filed in the family
court located in the county where the child resides or is found;
provided however, that upon the motion of any party or the attorney for
the child, the court may transfer a petition filed under this article to
a county the court deems to be more appropriate under the circumstances,
including, but not limited to, a county located within a jurisdiction
where the child is domiciled or has another significant nexus.

(c) Contents of the petition. (1) The petition shall allege upon
information and belief:

(i) the manner, date and circumstance under which the child became
known to the petitioner;

(ii) the child's date of birth, if known;

(iii) that the child is a destitute child as defined in subdivision
(a) of section one thousand ninety-two of this article and the basis for
the allegation;

(iv) the identity of the parent or parents of the child in question,
if known;

(v) whether the parent or parents of the child are living or deceased,
if known;

(vi) the whereabouts and last known address for the parent or parents,
if known;

(vii) the identity of a caretaker or interested adult, if known;

(viii) the efforts, if any, which were made prior to the filing of the
petition to prevent any removal of the child from the home and if such
efforts were not made, the reasons such efforts were not made; and

(ix) the efforts, if any, which were made prior to the filing of the
petition to allow the child to return or remain safely home, and if such
efforts were not made, the reasons such efforts were not made.

(2) The petition shall contain a notice in conspicuous print providing
that if the child remains in foster care for fifteen of the most recent
twenty-two months, the agency may be required by law to file a petition
to terminate parental rights.

(d) Service of summons. (1) Upon the filing of a petition under this
article, if a living parent, caretaker or interested adult is identified
in the petition, the court shall cause a copy of the petition and a
summons to be issued the same day the petition is filed, requiring such
parent, caretaker or interested adult to appear in court on the return
date to answer the petition. If the court deems a person a party to the
proceeding pursuant to subdivision (c) of section one thousand
ninety-four of this article and if such person is not before the court,
the court shall cause a copy of the petition and a summons requiring
such person to appear in court on the return date be served on such
person.

(2) Service of a summons and petition under this article shall be made
by delivery of a true copy thereof to the person summoned at least
twenty-four hours before the time stated therein for appearance.

(3) The court may send process without the state in the same manner
and with the same effect as process sent within the state in the
exercise of personal jurisdiction over any person subject to the
jurisdiction of the court under section three hundred one or three
hundred two of the civil practice law and rules, notwithstanding that
such person is not a resident or domiciliary of the state. Where service
is effected outside of the state of New York on a parent, caretaker,
interested adult or person made a party to the proceeding pursuant to
subdivision (c) of section one thousand ninety-four of this article and
such person defaults by failing to appear to answer the petition, the
court may on its own motion, or upon application of any party or the
attorney for the child proceed to a hearing pursuant to section one
thousand ninety-five of this article.

(4) If after reasonable effort, personal service is not made, the
court may at any stage in the proceedings make an order providing for
substituted service in the manner provided for substituted service in
civil process in courts of record.