N.Y. Family Court Act § 1027-a: Placement of siblings; contact with siblings

§ 1027-a. Placement of siblings; contact with siblings. (a) When a

social services official removes a child pursuant to this part, such

official shall place such child with his or her minor siblings or

half-siblings who have been or are being remanded to or placed in the

care and custody of such official unless, in the judgment of such

official, such placement is contrary to the best interests of the

children. Placement with siblings or half-siblings shall be

presumptively in the child's best interests unless such placement would

be contrary to the child's health, safety, or welfare. If such placement

is not immediately available at the time of the removal of the child,

such official shall provide or arrange for the provision of such

placement within thirty days.

(b) If placement of a child removed pursuant to this part together

with his or her minor siblings is not in the best interests of the

child, the social services official shall arrange appropriate and

regular contact by the child with his or her minor siblings and

half-siblings unless such contact would not be in the child's and the

siblings' best interests.

(c) If a child removed pursuant to this part is not placed together or

afforded regular contact with his or her siblings, the child, through

his or her attorney or through a parent on his or her behalf, may move

for an order regarding placement or contact. The motion shall be served

upon: (i) the respondent in the proceeding under this article; (ii) the

local social services official having the care of the child; (iii) other

persons having care, custody and control of the child, if any; (iv) the

parents or other persons having care, custody and control of the

siblings to be visited or with whom contact is sought; (v) any

non-respondent parent in the proceeding under this article; (vi) such

sibling himself or herself if ten years of age or older; and (vii) such

sibling's attorney, if any. For purposes of this section, "siblings"

shall include half-siblings and those who would be deemed siblings or

half-siblings but for the termination of parental rights or death of a

parent. The court may order that the child be placed together with or

have regular contact with his or her siblings if the court determines it

to be in the best interests of the child and his or her siblings.