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This entry was published on 2014-09-22
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SECTION 1096
Custody or guardianship with relatives or suitable persons pursuant to article six of this act or article seventeen of the surrogate's co...
Family Court Act (FCT) CHAPTER 686, ARTICLE 10-C
§ 1096. Custody or guardianship with relatives or suitable persons
pursuant to article six of this act or article seventeen of the
surrogate's court procedure act. (a) At the conclusion of a hearing held
pursuant to section one thousand ninety-five of this article, the court
may enter an order of disposition granting custody or guardianship of
the child to a relative or suitable person under article six of this act
or guardianship of the child to a relative or suitable person under
article seventeen of the surrogate's court procedure act if:

(1) the relative or suitable person has filed a petition for custody
or guardianship of the child pursuant to article six of this act or
guardianship of the child pursuant to article seventeen of the
surrogate's court procedure act; and

(2) the court finds that granting custody or guardianship of the child
to the relative or suitable person is in the best interests of the
child; and

(3) the court finds that granting custody or guardianship of the child
to the relative or suitable person under article six of this act or
guardianship of the child to a relative or suitable person under article
seventeen of the surrogate's court procedure act will provide the child
with a safe and permanent home; and

(4) all parties to the destitute child proceeding consent to the
granting of custody or guardianship under article six of this act or
article seventeen of the surrogate's court procedure act; or

(5) after a consolidated fact finding and dispositional hearing on the
destitute child petition and the petition under article six of this act
or article seventeen of the surrogate's court procedure act:

(i) if a parent or parents fail to consent to the granting of custody
or guardianship under article six of this act or guardianship under
article seventeen of the surrogate's court procedure act, the court
finds that extraordinary circumstances exist that support granting an
order of custody or guardianship under article six of this act or
guardianship under article seventeen of the surrogate's court procedure
act; or

(ii) if the parent or parents consent and a party other than a parent
fails to consent to the granting of custody or guardianship under
article six of this act or guardianship under article seventeen of the
surrogate's court procedure act, the court finds that granting custody
or guardianship of the child to the relative or suitable person is in
the best interests of the child.

(b) An order made in accordance with the provisions of this section
shall set forth the required findings as described in subdivision (a) of
this section and shall constitute the final disposition of the destitute
child proceeding. Notwithstanding any other provision of law, the court
shall not issue an order of supervision nor may the court require the
local department of social services to provide services to the parent,
parents, caretaker or interested adult when granting custody or
guardianship pursuant to article six of this act or guardianship under
article seventeen of the surrogate's court procedure act under this
section.

(c) As part of the order granting custody or guardianship pursuant to
article six of this act or guardianship pursuant to article seventeen of
the surrogate's court procedure act, the court may require that the
local department of social services and the attorney for the child
receive notice of and be made parties to any subsequent proceeding to
modify such order of custody or guardianship.

(d) An order entered in accordance with this section shall conclude
the court's jurisdiction over the proceeding held pursuant to this
article and the court shall not maintain jurisdiction over the parties
for the purposes of permanency hearings held pursuant to article ten-A
of this act.