N.Y. Family Court Act § 1039-b: Termination of reasonable efforts

§ 1039-b. Termination of reasonable efforts. (a) In conjunction with,

or at any time subsequent to, the filing of a petition under section ten

hundred thirty-one of this chapter, the social services official may

file a motion upon notice requesting a finding that reasonable efforts

to return the child to his or her home are no longer required.

(b) For the purpose of this section, reasonable efforts to make it

possible for the child to return safely to his or her home shall not be

required where the court determines that:

(1) the parent of such child has subjected the child to aggravated

circumstances, as defined in subdivision (j) of section ten hundred

twelve of this article;

(2) the parent of such child has been convicted of (i) murder in the

first degree as defined in section 125.27 or murder in the second degree

as defined in section 125.25 of the penal law and the victim was another

child of the parent; or (ii) manslaughter in the first degree as defined

in section 125.20 or manslaughter in the second degree as defined in

section 125.15 of the penal law and the victim was another child of the

parent, provided, however, that the parent must have acted voluntarily

in committing such crime;

(3) the parent of such child has been convicted of an attempt to

commit any of the foregoing crimes, and the victim or intended victim

was the child or another child of the parent; or has been convicted of

criminal solicitation as defined in article one hundred, conspiracy as

defined in article one hundred five or criminal facilitation as defined

in article one hundred fifteen of the penal law for conspiring,

soliciting or facilitating any of the foregoing crimes, and the victim

or intended victim was the child or another child of the parent;

(4) the parent of such child has been convicted of assault in the

second degree as defined in section 120.05, assault in the first degree

as defined in section 120.10 or aggravated assault upon a person less

than eleven years old as defined in section 120.12 of the penal law, and

the commission of one of the foregoing crimes resulted in serious

physical injury to the child or another child of the parent;

(5) the parent of such child has been convicted in any other

jurisdiction of an offense which includes all of the essential elements

of any crime specified in paragraph two, three or four of this

subdivision, and the victim of such offense was the child or another

child of the parent; or

(6) the parental rights of the parent to a sibling of such child have

been involuntarily terminated;

unless the court determines that providing reasonable efforts would be

in the best interests of the child, not contrary to the health and

safety of the child, and would likely result in the reunification of the

parent and the child in the foreseeable future. The court shall state

such findings in its order.

(c) If the court determines that reasonable efforts are not required

because of one of the grounds set forth above, a permanency hearing

shall be held within thirty days of the finding of the court that such

efforts are not required. At the permanency hearing, the court shall

determine the appropriateness of the permanency plan prepared by the

social services official which shall include whether or when the child:

(i) will be returned to the parent; (ii) should be placed for adoption

with the social services official filing a petition for termination of

parental rights; (iii) should be referred for legal guardianship; (iv)

should be placed permanently with a fit and willing relative; or (v)

should be placed in another planned permanent living arrangement with a

significant connection to an adult willing to be a permanency resource

for the child if the child is age sixteen or older and if the

requirements of clause (E) of subparagraph (i) of paragraph two of

subdivision (d) of section one thousand eighty-nine of this chapter have

been met. The social services official shall thereafter make reasonable

efforts to place the child in a timely manner, including consideration

of appropriate in-state and out-of-state placements, and to complete

whatever steps are necessary to finalize the permanent placement of the

child as set forth in the permanency plan approved by the court. If

reasonable efforts are determined by the court not to be required

because of one of the grounds set forth in this paragraph, the social

services official may file a petition for termination of parental rights

in accordance with section three hundred eighty-four-b of the social

services law.

(d) For the purpose of this section, in determining reasonable effort

to be made with respect to a child, and in making such reasonable

efforts, the child's health and safety shall be the paramount concern;

and

(e) For the purpose of this section, a sibling shall include a

half-sibling.