N.Y. Family Court Act § 1051: Sustaining or dismissing petition

§ 1051. Sustaining or dismissing petition. (a) If facts sufficient to

sustain the petition are established in accord with part four of this

article, or if all parties and the attorney for the child consent, the

court shall, subject to the provisions of subdivision (c) of this

section, enter an order finding that the child is an abused child or a

neglected child and shall state the grounds for the finding.

(b) If the proof does not conform to the specific allegations of the

petition, the court may amend the allegations to conform to the proof;

provided, however, that in such case the respondent shall be given

reasonable time to prepare to answer the amended allegations.

(c) If facts sufficient to sustain the petition under this article are

not established, or if, in a case of alleged neglect, the court

concludes that its aid is not required on the record before it, the

court shall dismiss the petition and shall state on the record the

grounds for the dismissal.

(d) If the court makes a finding of abuse or neglect, it shall

determine, based upon the facts adduced during the fact-finding hearing

and any other additional facts presented to it, whether a preliminary

order pursuant to section one thousand twenty-seven is required to

protect the child's interests pending a final order of disposition. The

court shall state the grounds for its determination. In addition, a

child found to be abused or neglected may be removed and remanded to a

place approved for such purpose by the local social services department

or be placed in the custody of a suitable person, pending a final order

of disposition, if the court finds that there is a substantial

probability that the final order of disposition will be an order of

placement under section one thousand fifty-five. In determining whether

substantial probability exists, the court shall consider the

requirements of subdivision (b) of section one thousand fifty-two.

(e) If the court makes a finding of abuse, it shall specify the

paragraph or paragraphs of subdivision (e) of section one thousand

twelve of this act which it finds have been established. If the court

makes a finding of abuse as defined in paragraph (iii) of subdivision

(e) of section one thousand twelve of this act, it shall make a further

finding of the specific sex offense as defined in article one hundred

thirty of the penal law. In addition to a finding of abuse, the court

may enter a finding of severe abuse or repeated abuse, as defined in

subparagraphs (i), (ii) and (iii) of paragraph (a) or subparagraphs (i)

and (ii) of paragraph (b) of subdivision eight of section three hundred

eighty-four-b of the social services law, which shall be admissible in a

proceeding to terminate parental rights pursuant to paragraph (e) of

subdivision four of section three hundred eighty-four-b of the social

services law; provided, however, that a finding of severe or repeated

abuse under this section may be made against any respondent as defined

in subdivision (a) of section one thousand twelve of this act. If the

court makes such additional finding of severe abuse or repeated abuse,

the court shall state the grounds for its determination, which shall be

based upon clear and convincing evidence.

(f) Prior to accepting an admission to an allegation or permitting a

respondent to consent to a finding of neglect or abuse, the court shall

inform the respondent that such an admission or consent will result in

the court making a fact-finding order of neglect or abuse, as the case

may be, and shall further inform the respondent in substantially the

following terms of the potential consequences of such order, including

but not limited to the following:

(i) that the court will have the power to make an order of

disposition, which may include an order placing the subject child or

children in foster care until completion of the initial permanency

hearing scheduled pursuant to section one thousand eighty-nine of this

act and subject to successive extensions of placement at any subsequent

permanency hearings;

(ii) that the placement of the children in foster care may, if the

parent fails to maintain contact with or plan for the future of the

child, lead to proceedings for the termination of parental rights and to

the possibility of adoption of the child 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;

(iii) that any report made to the state central register of child

abuse and maltreatment of allegations on which the court makes a finding

of abuse or neglect will remain indicated in the register until ten

years after the eighteenth birthday of the youngest child named in such

report unless such finding is vacated or dismissed, and that:

(A) the respondent will be unable to amend such report in the state

central register; and

(B) the existence of such report may be made known to employers

required to screen employee or volunteer applicants for positions where

the individual has the potential for regular and substantial contact

with children, and to child care agencies if the respondent applies to

become a foster parent or adoptive parent unless:

(1) the court finding is for neglect and the report is eight or more

years old; or

(2) the report was determined not to be relevant to positions

involving contact with children in an earlier administrative proceeding.

Any finding upon such an admission or consent made without such notice

being given by the court shall be vacated upon motion of any party. In

no event shall a person other than the respondent, either in person or

in writing, make an admission or consent to a finding of neglect or

abuse.