N.Y. Family Court Act § 1055: Placement

§ 1055. Placement. (a) (i) For purposes of section one thousand

fifty-two of this part the court may place the child in the custody of a

relative or other suitable person pursuant to this article, or of the

local commissioner of social services or of such other officer, board or

department as may be authorized to receive children as public charges,

or a duly authorized association, agency, society or in an institution

suitable for the placement of a child. The court may also place a child

who it finds to be a sexually exploited child as defined in subdivision

one of section four hundred forty-seven-a of the social services law

with the local commissioner of social services for placement in an

available long-term safe house. The court may also place the child in

the custody of the local commissioner of social services and may direct

such commissioner to have the child reside with a relative or other

suitable person who has indicated a desire to become a foster parent for

the child 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 expedite approval or

certification of such relative or other suitable person, if qualified,

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

or certification, the local commissioner shall report such fact to the

court forthwith so that the court may make a placement determination

that is in the best interests of the child.

(ii) An order placing a child directly with a relative or other

suitable person pursuant to this part may not be granted unless the

relative or other suitable person consents to the jurisdiction of the

court. The court may place the person with whom the child has been

directly placed under supervision of a child protective agency, social

services official or duly authorized agency during the pendency of the

proceeding. The court also may issue an order of protection under

section one thousand fifty-six of this part. An order of supervision

issued pursuant to this subdivision shall set forth the terms and

conditions that the relative or suitable person must meet and the

actions that the child protective agency, social services official or

duly authorized agency must take to exercise such supervision.

(b) (i) The court shall state on the record its findings supporting

the placement in any order of placement made under this section. The

order of placement shall include, but not be limited to:

(A) a description of the visitation plan;

(B) a direction that the respondent or respondents shall be notified

of the planning conference or conferences to be held pursuant to

subdivision three of section four hundred nine-e of the social services

law, of their right to attend the conference, and of their right to have

counsel or another representative or companion with them;

(C) a date certain for the permanency hearing, which may be the

previously-scheduled date certain, but in no event more than eight

months from the date of removal of the child from his or her home.

Provided, however, that if there is a sibling or half-sibling of the

child who was previously removed from the home pursuant to this article,

the date certain for the permanency hearing shall be the date certain

previously scheduled for the sibling or half-sibling of the child who

was the first child removed from the home, where such sibling or

half-sibling has a permanency hearing date certain scheduled within the

next eight months, but in no event later than eight months from the date

of removal of the child from his or her home;

(D) a notice that 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. A copy of the court's

order and the service plan shall be given to the respondent; and

(E) where the permanency goal is return to the parent and it is

anticipated that the child may be finally discharged to his or her

parent before the next scheduled permanency hearing, the court may

provide the local social services district with authority to finally

discharge the child to the parent without further court hearing,

provided that ten days prior written notice is served upon the court and

the attorney for the child. If the court on its own motion or the

attorney for the child on motion to the court does not request the

matter to be brought for review before final discharge, no further

permanency hearings will be required. The local social services district

may also discharge the child on a trial basis to the parent unless the

court has prohibited such trial discharge or unless the court has

conditioned such trial discharge on another event. For the purposes of

this section, trial discharge shall mean that the child is physically

returned to the parent while the child remains in the care and custody

of the local social services district. Permanency hearings shall

continue to be held for any child who has returned to his or her parents

on a trial discharge. Where the permanency goal for a youth aging out of

foster care is another planned permanent living arrangement that

includes a significant connection to an adult willing to be a permanency

resource for the youth, the local social services district may also

discharge the youth on a trial basis to the planned permanent living

arrangements, unless the court has prohibited or otherwise conditioned

such a trial discharge. Trial discharge for a youth aging out of foster

care shall mean that a youth is physically discharged but the local

social services district retains care and custody or custody and

guardianship of the youth and there remains a date certain for the

scheduled permanency hearing. Trial discharge for a youth aging out of

foster care may be extended at each scheduled permanency hearing, until

the child reaches the age of twenty-one, if a child over the age of

eighteen consents to such extension. Prior to finally discharging a

youth aging out of foster care to another planned permanent living

arrangement, the local social services official shall give the youth

notice of the right to apply to reenter foster care within the earlier

of twenty-four months of the final discharge or the youth's twenty-first

birthday in accordance with article ten-B of this act. Such notice shall

also advise the youth that reentry into foster care will only be

available where the former foster care youth has no reasonable

alternative to foster care and consents to enrollment in and attendance

at an appropriate educational or vocational program in accordance with

paragraph two of subdivision (a) of section one thousand ninety-one of

this act. Children placed under this section shall be placed until the

court completes the initial permanency hearing scheduled pursuant to

article ten-A of this act. Should the court determine pursuant to

article ten-A of this act that placement shall be extended beyond

completion of the scheduled permanency hearing, such extended placement

and any such successive extensions of placement shall expire at the

completion of the next scheduled permanency hearing, unless the court

shall determine, pursuant to article ten-A of this act, to continue to

extend such placement.

(ii) Upon placing a child under the age of one, who has been

abandoned, with a local commissioner of social services, the court

shall, where either of the parents do not appear after due notice,

include in its order of disposition pursuant to section one thousand

fifty-two of this part, a direction that such commissioner shall

promptly commence a diligent search to locate the child's non-appearing

parent or parents or other known relatives who are legally responsible

for the child, and to commence a proceeding to commit the guardianship

and custody of such child to an authorized agency pursuant to section

three hundred eighty-four-b of the social services law, six months from

the date that care and custody of the child was transferred to the

commissioner, unless there has been communication and visitation between

such child and such parent or parents or other known relatives or

persons legally responsible for the child. In addition to such diligent

search the local commissioner of social services shall provide written

notice to the child's parent or parents or other known relatives or

persons legally responsible as provided for in this paragraph. Such

notice shall be served upon such parent or parents or other known

relatives or persons legally responsible in the manner required for

service of process pursuant to section six hundred seventeen of this

act. Information regarding such diligent search, 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 the non-appearing parent, shall be recorded in the

uniform case record maintained pursuant to section four hundred nine-f

of the social services law.

(iii) Notice as required by paragraph (ii) of this subdivision shall

state:

(A) that the local commissioner of social services shall initiate a

proceeding to commit the guardianship and custody of the subject child

to an authorized agency and that such proceeding shall be commenced six

months from the date the child was placed in the care and custody of

such commissioner with such date to be specified in the notice;

(B) that there has been no visitation and communication between the

parent and the child since the child has been placed with the local

commissioner of social services and that if no such visitation and

communication with the child occurs within six months of the date the

child was placed with such commissioner the child will be deemed an

abandoned child as defined in section three hundred eighty-four-b of the

social services law and a proceeding will be commenced to commit the

guardianship and custody of the subject child to an authorized agency;

(C) that it is the legal responsibility of the local commissioner of

social services to reunite and reconcile families whenever possible and

to offer services and assistance for that purpose;

(D) the name, address and telephone number of the caseworker assigned

to the subject child who can provide information, services and

assistance with respect to reuniting the family;

(E) that it is the responsibility of the parent, relative or other

person legally responsible for the child to visit and communicate with

the child and that such visitation and communication may avoid the

necessity of initiating a petition for the transfer of custody and

guardianship of the child.

Such notice shall be printed in both Spanish and English and contain in

conspicuous print and in plain language the information set forth in

this paragraph.

(c) In addition to or in lieu of an order of placement made pursuant

to subdivision (b) of this section, the court may make an order

directing a child protective agency, social services official or other

duly authorized agency to undertake diligent efforts to encourage and

strengthen the parental relationship when it finds such efforts will not

be detrimental to the best interests of the child. Such efforts shall

include encouraging and facilitating visitation with the child by the

parent or other person legally responsible for the child's care. Such

order may include a specific plan of action for such agency or official

including, but not limited to, requirements that such agency or official

assist the parent or other person responsible for the child's care in

obtaining adequate housing, employment, counseling, medical care or

psychiatric treatment. Such order shall also include encouraging and

facilitating visitation with the child by the non-custodial parent and

grandparents who have obtained orders pursuant to part eight of this

article, and may include encouraging and facilitating visitation with

the child by the child's siblings. The order may incorporate an order,

if any, issued pursuant to subdivision (c) of section one thousand

twenty-seven-a or one thousand eighty-one of this article, provided that

such visitation or contact is in the best interests of the child and his

or her siblings. 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 of death of a parent. Nothing

in this subdivision shall be deemed to limit the authority of the court

to make an order pursuant to section two hundred fifty-five of this act.

(d) In addition to or in lieu of an order of placement made pursuant

to subdivision (b) of this section, the court may make an order

directing a social services official or other duly authorized agency to

institute a proceeding to legally free the child for adoption, if the

court finds reasonable cause to believe that grounds therefor exist.

Upon a failure by such official or agency to institute such a proceeding

within ninety days after entry of such order, the court shall permit the

foster parent or parents in whose home the child resides to institute

such a proceeding unless the social services official or other duly

authorized agency caring for the child, for good cause shown and upon

due notice to all parties to the proceeding, has obtained a modification

or extension of such order, or unless the court has reasonable cause to

believe that such foster parent or parents would not obtain approval of

their petition to adopt the children in a subsequent adoption

proceeding.

(e) No placement may be made or continued under this section beyond

the child's eighteenth birthday without his or her consent and in no

event past his or her twenty-first birthday. However, a former foster

care youth under the age of twenty-one who was previously discharged

from foster care due to a failure to consent to continuation of

placement may make a motion pursuant to section one thousand ninety-one

of this act to return to the custody of the local commissioner of social

services or other officer, board or department authorized to receive

children as public charges. In such motion, the youth must consent to

enrollment in and attendance at a vocational or educational program in

accordance with paragraph two of subdivision (a) of section one thousand

ninety-one of this act.

(f) If a child is placed in the custody of the local commissioner of

social services or other officer, board or department authorized to

receive children as public charges, such person shall provide for such

child as authorized by law, including, but not limited to section three

hundred ninety-eight of the social services law.

(g) If the parent or person legally responsible for the care of any

such child or with whom such child resides receives public assistance

and care, any portion of which is attributable to such child, a copy of

the order of the court providing for the placement of such child from

his or her home shall be furnished to the appropriate social services

official, who shall reduce the public assistance and care furnished such

parent or other person by the amount attributable to such child,

provided, however, that when the child service plan prepared pursuant to

section four hundred nine-e of the social services law includes a goal

of discharge of the child to the parent or person legally responsible

for the care of the child or other member of the household, such social

services official shall not, to the extent that federal reimbursement is

available therefor, reduce the portion attributable to such child which

is intended to meet the cost of shelter and fuel for heating.

(h) Any order made under this section shall be suspended upon the

entry of an order of disposition with respect to a child whose custody

and guardianship have been committed pursuant to section three hundred

eighty-four-b of the social services law, and shall expire upon the

expiration of the time for appeal of such order or upon the final

determination of any such appeal and any subsequent appeals authorized

by law; provided, however, that where custody and guardianship have been

committed pursuant to section three hundred eighty-four-b of the social

services law or where the child has been surrendered pursuant to section

three hundred eighty-three-c or three hundred eighty-four of the social

services law, the child shall nonetheless be deemed to continue in

foster care until such time as an adoption or other alternative living

arrangement is finalized. A permanency hearing or hearings regarding

such child shall be conducted in accordance with article ten-A of this

act. Nothing in this subdivision shall cause such order of placement to

be suspended or to expire with respect to any parent or other person

whose consent is required for an adoption against whom an order of

disposition committing guardianship and custody of the child has not

been made.

(i) In making an order under this section, the court may direct a

local commissioner of social services to place the subject child

together with minor siblings or half-siblings who have been placed in

the custody of the commissioner, or to provide or arrange for regular

visitation and other forms of communication between such child and

siblings where the court finds that such placement or visitation and

communication is in the child's best interests. Placement or regular

visitation and communication with siblings or half-siblings shall be

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

visitation and communication would be contrary to the child's health,

safety or welfare, or the lack of geographic proximity precludes or

prevents visitation.

(j) (i) In any case in which an order has been issued pursuant to this

section placing a child in the custody or care of the commissioner of

social services, the social services official or authorized agency

charged with custody 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.

(ii) 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 (i) 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 part. 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.