N.Y. Family Court Act § 1017: Placement of children

§ 1017. Placement of children. 1. In any proceeding under this

article, when the court determines that a child must be removed from his

or her home, pursuant to part two of this article, or placed, pursuant

to section one thousand fifty-five of this article:

(a) the court shall direct the local commissioner of social services

to conduct an immediate investigation to locate any non-respondent

parent of the child and any relatives of the child, including all of the

child's grandparents, all relatives or suitable persons identified by

any respondent parent or any non-respondent parent and any relative

identified by a child over the age of five as a relative who plays or

has played a significant positive role in his or her life. The local

commissioner shall inform them in writing of the pendency of the

proceeding and of the opportunity for non-respondent parents to seek

temporary release of the child under this article or custody under

article six of this act or for relatives to seek to become foster

parents or to provide free care under this article or to seek custody

pursuant to article six of this act; or for suitable persons to become

foster parents or provide free care under this article or to seek

guardianship pursuant to article six of this act. Uniform statewide

rules of court shall specify the contents of the notice consistent with

the provisions of this section. The local commissioner of social

services shall report the results of such investigation, or

investigations to the court and parties, including the attorney for the

child. The local commissioner shall also record the results of the

investigation or investigations, including, but not limited to, the

name, last known address, social security number, employer's address and

any other identifying information to the extent known regarding any

non-respondent parent, in the uniform case record maintained pursuant to

section four hundred nine-f of the social services law. For the purpose

of this section, "non-respondent parent" shall include a person entitled

to notice of the pendency of the proceeding and of the right to

intervene as an interested party pursuant to subdivision (d) of section

one thousand thirty-five of this article, and a non-custodial parent

entitled to notice and the right to enforce visitation rights pursuant

to subdivision (e) of section one thousand thirty-five of this article.

(b) The court shall also direct the local commissioner of social

services to conduct an investigation to locate any person who is not

recognized to be the child's legal parent and does not have the rights

of a legal parent under the laws of the state of New York but who (i)

has filed with a putative father registry an instrument acknowledging

parentage of the child, pursuant to section 4-1.2 of the estates, powers

and trusts law, or (ii) has a pending parentage petition, or (iii) has

been identified as a parent of the child by the child's other parent in

a written sworn statement. The local commissioner of social services

shall report the results of such investigation to the court and parties,

including the attorney for the child.

(c) The court shall determine:

(i) whether there is a non-respondent parent, relative or suitable

person with whom such child may appropriately reside; and

(ii) in the case of a relative or suitable person, whether such

individual seeks approval as a foster parent pursuant to the social

services law for the purposes of providing care for such child, or

wishes to provide free care for the child during the pendency of any

orders pursuant to this article.

2. The court shall, upon receipt of the report of the investigation

ordered pursuant to subdivision one of this section:

(a) where the court, after a review of the reports of the sex offender

registry established and maintained pursuant to section one hundred

sixty-eight-b of the correction law, reports of the statewide

computerized registry of orders of protection established and maintained

pursuant to section two hundred twenty-one-a of the executive law,

related decisions in court proceedings under this article and all

warrants issued under this act, determines that the child may

appropriately reside with a non-respondent parent or other relative or

suitable person, either:

(i) grant a temporary order of custody or guardianship to such

non-respondent parent, relative or suitable person pursuant to a

petition filed under article six of this act pending further order of

the court, or at disposition of the proceeding, grant a final order of

custody or guardianship to such non-respondent parent, relative or

suitable person pursuant to article six of this act and section one

thousand fifty-five-b of this article; or

(ii) temporarily release the child directly to such non-respondent

parent or temporarily place the child with a relative or suitable person

pursuant to this article during the pendency of the proceeding or until

further order of the court, whichever is earlier and conduct such other

and further investigations as the court deems necessary. The court may

direct the commissioner of social services, pursuant to regulations of

the office of children and family services, to commence an investigation

of the home of such non-respondent parent, relative or suitable person

within twenty-four hours and to report the results to the court and the

parties, including the attorney for the child. If the home of a

non-respondent parent, relative or suitable person, is found unqualified

as appropriate for the temporary release or placement of the child under

this article, the local commissioner shall report such fact and the

reasons therefor to the court and the parties, including the attorney

for the child, forthwith; or

(iii) remand or place the child, as applicable, with the local

commissioner of social services and direct such commissioner to have the

child reside with such relative or suitable person and further direct

such commissioner pursuant to regulations of the office of children and

family services, to commence an investigation of the home of such

relative or other suitable person within twenty-four hours and

thereafter approve such relative or other suitable person, if qualified,

as a foster parent. If such home is found to be unqualified for

approval, the local commissioner shall report such fact and the reasons

thereafter to the court and the parties, including the attorney for the

child, forthwith.

(b) where the court determines that a suitable non-respondent parent

or other person related to the child cannot be located, remand or place

the child with a suitable person, pursuant to subdivision (b) of section

one thousand twenty-seven or subdivision (a) of section one thousand

fifty-five of this article, or remand or place the child in the custody

of the local commissioner of social services pursuant to subdivision (b)

of section one thousand twenty-seven or subdivision (a) of section one

thousand fifty-five of this article. The court in its discretion may

direct that such commissioner have the child reside in a specific

certified foster home where the court determines that such placement is

in furtherance of the child's best interests.

3. An order temporarily releasing a child to a non-respondent parent

or parents, or temporarily placing a child with a relative or relatives

or other suitable person or persons pursuant to subparagraph (ii) of

paragraph (a) of subdivision two of this section or remanding or placing

a child with a local commissioner of social services to reside with a

relative or relatives or suitable person or persons as foster parents

pursuant to subparagraph (iii) of paragraph (a) of subdivision two of

this section may not be granted unless the person or persons to whom the

child is released, remanded or placed submits to the jurisdiction of the

court with respect to the child. The order shall set forth the terms and

conditions applicable to such person or persons and child protective

agency, social services official and duly authorized agency with respect

to the child and may include, but may not be limited to, a direction for

such person or persons to cooperate in making the child available for

court-ordered visitation with respondents, siblings and others and for

appointments with and visits by the child protective agency, including

visits in the home and in-person contact with the child protective

agency, social services official or duly authorized agency, and for

appointments with the child's attorney, clinician or other individual or

program providing services to the child during the pendency of the

proceeding. The court also may issue a temporary order of protection

under subdivision (f) of section one thousand twenty-two, section one

thousand twenty-three or section one thousand twenty-nine of this

article and an order directing that services be provided pursuant to

section one thousand fifteen-a of this part.

4. Nothing in this section shall be deemed to limit, impair or

restrict the ability of the court to remove a child from his or her home

as authorized by law, or the right of a party to a hearing pursuant to

section ten hundred twenty-eight of this article.

5. (a) In any case in which an order has been issued pursuant to this

article remanding or placing a child in the custody of the local social

services district, the social services official or authorized agency

charged with custody or care of the child shall report any anticipated

change in placement to the court and the attorneys for the parties,

including the attorney for the child, forthwith, but not later than one

business day following either the decision to change the placement or

the actual date the placement change occurred, whichever is sooner. Such

notice shall indicate the date that the placement change is anticipated

to occur or the date the placement change occurred, as applicable.

Provided, however, if such notice lists an anticipated date for the

placement change, the local social services district or authorized

agency shall subsequently notify the court and attorneys for the

parties, including the attorney for the child, of the date the placement

change occurred; such notice shall occur no later than one business day

following the placement change.

(b) When a child whose legal custody was transferred to the

commissioner of a local social services district in accordance with this

section resides in a qualified residential treatment program, as defined

in section four hundred nine-h of the social services law, and where

such child's initial placement or change in placement in such program

commenced on or after September twenty-ninth, two thousand twenty-one,

upon receipt of notice required pursuant to paragraph (a) of this

subdivision and motion of the local social services district, the court

shall schedule a court review to make an assessment and determination of

such placement in accordance with section one thousand fifty-five-c of

this article. Notwithstanding any other provision of law to the

contrary, such court review shall occur no later than sixty days from

the date the placement of the child in the qualified residential

treatment program commenced.