N.Y. Family Court Act § 1054: Release to non-respondent parent or legal custodian or guardian

§ 1054. Release to non-respondent parent or legal custodian or

guardian. (a) An order of disposition may release the child for a

designated period of up to one year to a non-respondent parent or

parents or a person or persons who had been the child's legal custodian

or guardian at the time of the filing of the petition, and who is not or

are not respondents in the proceeding under this article. An order under

this section may be extended upon a hearing for a period of up to one

year for good cause.

(b) The court may require the person or persons to whom the child is

released under this section to submit to the jurisdiction of the court

with respect to the child for the period of the disposition or an

extension thereof. The order may include, but is not 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. The order

shall set forth the terms and conditions applicable to such

non-respondent and child protective agency, social services official and

duly authorized agency with respect to the child.

(c) In conjunction with an order releasing the child to a

non-respondent parent, legal custodian or guardian under this

subdivision, the court may also issue any or all of the following

orders: an order of supervision of a respondent parent under section one

thousand fifty-seven, an order directing that services be provided to

the respondent parent under section one thousand fifteen-a or an order

of protection under section one thousand fifty-six of this article. An

order of supervision of the respondent entered under this subdivision

may be extended upon a hearing for a period of up to one year for good

cause.

(d) Except as provided for herein, in any order issued pursuant to

this section, the court may require the child protective agency to make

progress reports to the court, the parties, and the child's attorney on

the implementation of such order. Where the order of disposition is

issued upon the consent of the parties and the child's attorney, such

agency shall report to the court, the parties and the child's attorney

no later than ninety days after the issuance of the order and no later

than sixty days prior to the expiration of the order, unless the court

determines that the facts and circumstances of the case do not require

such report to be made.