N.Y. Family Court Act § 1089: Permanency hearings

§ 1089. Permanency hearings. (a) Scheduling, commencement and

completion of permanency hearings. (1) Children freed for adoption. (i)

At the conclusion of the dispositional hearing at which the child was

freed for adoption in a proceeding pursuant to section three hundred

eighty-three-c, three hundred eighty-four or three hundred eighty-four-b

of the social services law, the court shall set a date certain for the

initial freed child permanency hearing and advise all parties in court

of the date set, except for the respondent or respondents. The

permanency hearing shall be commenced no later than thirty days after

the hearing at which the child was freed and shall be completed within

thirty days, unless the court determines to hold the permanency hearing

immediately upon completion of the hearing at which the child was freed,

provided adequate notice has been given.

(ii) At the conclusion of the hearing pursuant to section one thousand

ninety-one of this act where the court has granted the motion for a

former foster care youth who was discharged from foster care due to a

failure to consent to continuation of placement 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, the court

shall set a date certain for a permanency hearing and advise all parties

in court of the date set. The permanency hearing shall be commenced no

later than thirty days after the hearing at which the former foster care

youth was returned to foster care.

(2) All other permanency hearings. At the conclusion of the hearing

pursuant to section one thousand twenty-two, one thousand twenty-seven,

one thousand fifty-two, one thousand eighty-nine, one thousand

ninety-one, one thousand ninety-four or one thousand ninety-five of this

act at which the child was remanded or placed and upon the court's

approval of a voluntary placement instrument pursuant to section three

hundred fifty-eight-a of the social services law, the court shall set a

date certain for an initial permanency hearing, advise all parties in

court of the date set and include the date in the order. Orders issued

in subsequent court hearings prior to the permanency hearing, including,

but not limited to, the order of placement issued pursuant to section

one thousand fifty-five of this act, shall include the date certain for

the permanency hearing. The initial permanency hearing shall be

commenced no later than six months from the date which is sixty days

after the child was removed from his or her home; provided, however,

that if a sibling or half-sibling of the child has previously been

removed from the home and has a permanency hearing date certain

scheduled within the next eight months, the permanency hearing for each

child subsequently removed from the home shall be scheduled on the same

date certain that has been set for the first child removed from the

home, unless such sibling or half-sibling has been removed from the home

pursuant to article three or seven of this act. The permanency hearing

shall be completed within thirty days of the scheduled date certain.

(3) Subsequent permanency hearings for a child who continues in

out-of-home placement or who is freed for adoption shall be scheduled

for a date certain which shall be no later than six months from the

completion of the previous permanency hearing and such subsequent

permanency hearings shall be completed within thirty days of the date

certain set for such hearings.

(b) Notice of permanency hearings. (1) No later than fourteen days

before the date certain for a permanency hearing scheduled pursuant to

this section, the local social services district shall serve the notice

of the permanency hearing and the permanency hearing report by regular

mail upon:

(i) the child's parent, including any non-respondent parent, unless

the parental rights of the parent have been terminated or surrendered

and any other person legally responsible for the child's care at the

most recent address or addresses known to the local social services

district or agency, and the foster parent in whose home the child

currently resides, each of whom shall be a party to the proceeding;

(ii) the agency supervising the care of the child on behalf of the

social services district with whom the child was placed, the child's

attorney, and the attorney for the respondent parent; and

(iii) the attorney for the child.

(1-a) If the child is age ten or older, no later than fourteen days

before the date certain for a permanency hearing scheduled pursuant to

this section, the local social services district shall serve the notice

of the permanency hearing by regular mail upon the child. Nothing herein

shall be deemed to prevent an attorney for the child from consulting

with the child about the child's participation in the permanency hearing

as required by section one thousand ninety-a of this article prior to

the service of the notice required pursuant to this paragraph.

(2) The notice and the permanency hearing report shall also be

provided to any pre-adoptive parent or relative providing care for the

child and shall be submitted to the court. The notice of the permanency

hearing only shall be provided to a former foster parent in whose home

the child previously had resided for a continuous period of twelve

months in foster care, if any, unless the court, on motion of any party

or on its own motion, dispenses with such notice on the basis that such

notice would not be in the child's best interests. However, such

pre-adoptive parent, relative, or former foster parent, on the basis of

such notice, shall have the right to be heard but shall not be a party

to the permanency hearing. The failure of such pre-adoptive parent,

relative or former foster parent to appear at a permanency hearing shall

constitute a waiver of the right to be heard. Such failure to appear

shall not cause a delay of the permanency hearing nor be a ground for

the invalidation of any order issued by the court pursuant to this

section.

(c) Content of the permanency hearing report. The permanency hearing

report shall include, but need not be limited to, up-to-date and

accurate information regarding:

(1) the child's current permanency goal, which may be:

(i) return to the parent or parents;

(ii) placement for adoption with the local social services official

filing a petition for termination of parental rights;

(iii) referral for legal guardianship;

(iv) permanent placement with a fit and willing relative; or

(v) placement in another planned permanent living arrangement that

includes a significant connection to an adult who is willing to be a

permanency resource for the child if the child is age sixteen or older,

including documentation of: (A) intensive, ongoing, and, as of the date

of the hearing, unsuccessful efforts to return the child home or secure

a placement for the child with a fit and willing relative including

adult siblings, a legal guardian, or an adoptive parent, including

through efforts that utilize search technology including social media to

find biological family members for children, (B) the steps being taken

to ensure that (I) the child's foster family home or child care facility

is following the reasonable and prudent parent standard in accordance

with the guidance provided by the United States department of health and

human services, and (II) the child has regular, ongoing opportunities to

engage in age or developmentally appropriate activities including by

consulting with the child in an age-appropriate manner about the

opportunities of the child to participate in activities, and (C) the

compelling reasons for determining that it continues to not be in the

best interests of the child to be returned home, placed for adoption,

placed with a legal guardian, or placed with a fit and willing relative;

(2) the health, well-being, and status of the child since the last

hearing including:

(i) a description of the child's health and well-being;

(ii) information regarding the child's current placement;

(iii) an update on the educational and other progress the child has

made since the last hearing including a description of the steps that

have been taken by the local social services district or agency to

enable prompt delivery of appropriate educational and vocational

services to the child, including, but not be limited to:

(A) where the child is subject to article sixty-five of the education

law or elects to participate in an educational program leading to a high

school diploma, the steps that the local social services district or

agency has taken to promptly enable the child to be enrolled or to

continue enrollment in an appropriate school or educational program

leading to a high school diploma;

(B) where the child is eligible to be enrolled in a pre-kindergarten

program pursuant to section thirty-six hundred two-e of the education

law, the steps that the local social services district or agency has

taken to promptly enable the child to be enrolled in an appropriate

pre-kindergarten program, if available;

(C) where the child is under three years of age and is involved in an

indicated case of child abuse or neglect, or where the local social

services district suspects that the child may have a disability as

defined in subdivision five of section twenty-five hundred forty-one of

the public health law or if the child has been found eligible to receive

early intervention or special educational services prior to or during

the foster care placement, in accordance with title two-A of article

twenty-five of the public health law or article eighty-nine of the

education law, the steps that the local social services district or

agency has taken to make any necessary referrals of the child for early

intervention, pre-school special educational or special educational

evaluations or services, as appropriate, and any available information

regarding any evaluations and services which are being provided or are

scheduled to be provided in accordance with applicable law; and

(D) where the child is at least sixteen and not subject to article

sixty-five of the education law and elects not to participate in an

educational program leading to a high school diploma, the steps that the

local social services district has taken to assist the child to become

gainfully employed or enrolled in a vocational program;

(iv) a description of the visitation plan or plans describing the

persons with whom the child visits, including any siblings, and the

frequency, duration and quality of the visits;

(v) where a child has attained the age of fourteen, a description of

the services and assistance that are being provided to enable the child

to learn independent living skills; and

(vi) a description of any other services being provided to the child;

(3) the status of the parent, including:

(i) the services that have been offered to the parent to enable the

child to safely return home;

(ii) the steps the parent has taken to use the services;

(iii) any barriers encountered to the delivery of such services;

(iv) the progress the parent has made toward reunification; and

(v) a description of any other steps the parent has taken to comply

with and achieve the permanency plan, if applicable.

(4) a description of the reasonable efforts to achieve the child's

permanency plan that have been taken by the local social services

district or agency since the last hearing. The description shall

include:

(i) unless the child is freed for adoption or there has been a

determination by a court that such efforts are not required pursuant to

section one thousand thirty-nine-b of this act, the reasonable efforts

that have been made by the local social services district or agency to

eliminate the need for placement of the child and to enable the child to

safely return home, including a description of any services that have

been provided;

(ii) where the permanency plan is adoption, guardianship, placement

with a fit and willing relative or another planned permanent living

arrangement other than return to parent, the reasonable efforts that

have been made by the local social services district or agency to make

and finalize such alternate permanent placement, including a description

of any services that have been provided and a description of the

consideration of appropriate in-state and out-of-state placements;

(iii) where return home of the child is not likely, the reasonable

efforts that have been made by the local social services district or

agency to evaluate and plan for another permanent plan, including

consideration of appropriate in-state and out-of-state placements, and

any steps taken to further a permanent plan other than return to the

child's parent; or

(iv) where a child has been freed for adoption, a description of the

reasonable efforts that will be taken to facilitate the adoption of the

child; and

(5) the recommended permanency plan including:

(i) a recommendation regarding whether the child's current permanency

goal should be continued or modified, the reasons therefor, and the

anticipated date for meeting the goal;

(ii) a recommendation regarding whether the child's placement should

be extended and the reasons for the recommendation;

(iii) any proposed changes in the child's current placement, trial

discharge or discharge that may occur before the next permanency

hearing;

(iv) a description of the steps that will be taken by the local social

services district or agency to continue to enable prompt delivery of

appropriate educational and vocational services to the child in his or

her current placement and during any potential change in the child's

foster care placement, during any trial discharge, and after discharge

of the child in accordance with the plans for the child's placement

until the next permanency hearing;

(v) whether any modification to the visitation plan or plans is

recommended and the reasons therefor;

(vi) where a child has attained the age of fourteen or will attain the

age of fourteen before the next permanency hearing, a description of the

services and assistance that will be provided to enable the child to

learn independent living skills;

(vii) where a child has been placed outside this state, whether the

out-of-state placement continues to be appropriate, necessary and in the

best interests of the child;

(viii) where return home of the child is not likely, the efforts that

will be made to evaluate or plan for another permanent plan, including

consideration of appropriate in-state and out-of-state placements; and

(ix) in the case of a child who has been freed for adoption:

(A) a description of services and assistance that will be provided to

the child and the prospective adoptive parent to expedite the adoption

of the child;

(B) information regarding the child's eligibility for adoption subsidy

pursuant to title nine of article six of the social services law; and

(C) if the child is over age fourteen and has voluntarily withheld his

or her consent to an adoption, the facts and circumstances regarding the

child's decision to withhold consent and the reasons therefor; and

(6) Where the child remains placed in a qualified residential

treatment program, as defined in section four hundred nine-h of the

social services law, the commissioner of the social services district

with legal custody of the child shall submit evidence at the permanency

hearing with respect to the child:

(i) demonstrating that ongoing assessment of the strengths and needs

of the child continues to support the determination that the needs of

the child cannot be met through placement in a foster family home, that

the placement in a qualified residential treatment program provides the

most effective and appropriate level of care for the child in the least

restrictive environment, and that the placement is consistent with the

short-term and long-term goals for the child, as specified in the

child's permanency plan;

(ii) documenting the specific treatment or service needs that will be

met for the child in the placement and the length of time the child is

expected to need the treatment or services; and

(iii) documenting the efforts made by the local social services

district to prepare the child to return home, or to be placed with a fit

and willing relative, legal guardian or adoptive parent, or in a foster

family home.

(d) Evidence, court findings and order. The provisions of subdivisions

(a) and (c) of section one thousand forty-six of this act shall apply to

all proceedings under this article. The permanency hearing shall include

an age appropriate consultation with the child; provided, however that

if the child is age sixteen or older and the requested permanency plan

for the child is placement in another planned permanent living

arrangement with a significant connection to an adult willing to be a

permanency resource for the child, the court must ask the child about

the desired permanency outcome for the child. At the conclusion of each

permanency hearing, the court shall, upon the proof adduced, and in

accordance with the best interests and safety of the child, including

whether the child would be at risk of abuse or neglect if returned to

the parent or other person legally responsible, determine and issue its

findings, and enter an order of disposition in writing:

(1) directing that the placement of the child be terminated and the

child returned to the parent or other person legally responsible for the

child's care with such further orders as the court deems appropriate; or

(2) where the child is not returned to the parent or other person

legally responsible:

(i) whether the permanency goal for the child should be approved or

modified and the anticipated date for achieving the goal. The permanency

goal may be determined to be:

(A) return to parent;

(B) placement for adoption with the local social services official

filing a petition for termination of parental rights;

(C) referral for legal guardianship;

(D) permanent placement with a fit and willing relative; or

(E) placement in another planned permanent living arrangement that

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

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

court has determined that as of the date of the permanency hearing,

another planned permanency living arrangement with a significant

connection to an adult willing to be a permanency resource for the child

is the best permanency plan for the child and there are compelling

reasons for determining that it continues to not be in the best

interests of the child to return home, be referred for termination of

parental rights and placed for adoption, placed with a fit and willing

relative, or placed with a legal guardian;

(ii) placing the child in the custody of a fit and willing relative or

other suitable person, or continuing the placement of the child until

the completion of the next permanency hearing, provided, however, that

no placement may be continued under this section beyond the child's

eighteenth birthday without his or her consent and in no event past the

child's twenty-first birthday; provided, however, that a former foster

youth who was previously discharged from foster care due to a failure to

consent to continuation of placement may be returned to the custody of

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

department authorized to receive children as public charges if the court

has granted the motion of the former foster care youth or local social

services official upon a finding that the youth has no reasonable

alternative to foster care and has consented to enrollment in and

attendance at a vocational or educational program in accordance with

section one thousand ninety-one of this act;

(iii) determining whether reasonable efforts have been made to

effectuate the child's permanency plan as follows:

(A) unless the child is freed for adoption or there has been a

determination by a court that such efforts are not required pursuant to

section one thousand thirty-nine-b of this act, whether reasonable

efforts have been made to eliminate the need for placement of the child

and to enable the child to safely return home;

(B) where the permanency plan is adoption, guardianship, placement

with a fit and willing relative or another planned permanent living

arrangement other than return to parent, whether reasonable efforts have

been made to make and finalize such alternate permanent placement,

including consideration of appropriate in-state and out-of-state

placements;

(iv) where return home of the child is not likely, what efforts should

be made to evaluate or plan for another permanent plan, including

consideration of appropriate in-state and out-of-state placements;

(v) the steps that must be taken by the local social services official

or agency to implement the educational and vocational program components

of the permanency hearing report submitted pursuant to subdivision (c)

of this section, and any modifications that should be made to such plan;

(vi) specifying the date certain for the next scheduled permanency

hearing;

(vii) where placement of the child is extended, such order shall also

include:

(A) a description of the visitation plan or plans;

(B) where the child is not freed for adoption, a direction that the

child's parent or parents, including any non-respondent parent or other

person legally responsible for the child's care 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 and

notification of their right to attend such conference or conferences and

their right to have counsel or another representative with them;

(C) where the child is not freed for adoption, a direction that the

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

local social services district or agency apprised of his or her current

whereabouts and a current mailing address;

(D) where the child is not freed for adoption, a notice that if the

child remains in foster care for fifteen of the most recent twenty-two

months, the local social services district or agency may be required by

law to file a petition to terminate parental rights;

(E) where a child has been freed for adoption and is over age fourteen

and has voluntarily withheld his or her consent to an adoption, the

facts and circumstances with regard to the child's decision to withhold

consent and the reasons therefor;

(F) where a child has been placed outside of this state, whether the

out-of-state placement continues to be appropriate, necessary and in the

best interests of the child;

(G) where a child has or will before the next permanency hearing reach

the age of fourteen, (I) the services and assistance necessary to assist

the child in learning independent living skills to assist the child to

make the transition from foster care to successful adulthood; and (II)

A. that the permanency plan developed for the child in foster care who

has attained the age of fourteen, and any revision or addition to the

plan, shall be developed in consultation with the child and, at the

option of the child, with up to two members of the child's permanency

planning team who are selected by the child and who are not a foster

parent of, or the case worker, case planner or case manager for, the

child except that the local commissioner of social services with custody

of the child may reject an individual so selected by the child if such

local commissioner has good cause to believe that the individual would

not act in the best interests of the child, and B. that one individual

so selected by the child may be designated to be the child's advisor

and, as necessary, advocate, with respect to the application of the

reasonable and prudent parent standard to the child; and

(H) (I) a direction that the social services official or authorized

agency charged with care and custody or guardianship and custody of the

child, as applicable, 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; and

(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 item (I) of this clause 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 three hundred ninety-three of the social

services law or section one thousand fifty-five-c, one thousand

ninety-one-a or one thousand ninety-seven of this chapter.

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.

(viii) any other findings or orders that the court deems appropriate,

which may include:

(A) Whether the court should issue any orders for services in the

manner specified in section one thousand fifteen-a of this act in order

to achieve the permanency plan and, if so, what services should be

ordered.

(B) Where a child has been freed for adoption, the order may also:

(I) direct that such child be placed for adoption in the foster family

home where he or she resides or has resided or with any other suitable

person or persons;

(II) direct the local social services district to provide services or

assistance to the child and the prospective adoptive parent authorized

or required to be made available pursuant to the comprehensive annual

services program plan then in effect. Such order shall include, where

appropriate, the evaluation of eligibility for adoption subsidy pursuant

to title nine of article six of the social services law, but shall not

require the provision of such subsidy. Violation of such an order shall

be subject to punishment pursuant to section seven hundred fifty-three

of the judiciary law; and

(III) recommend that the office of children and family services

investigate the facts and circumstances concerning the discharge of

responsibilities for the care and welfare of such child by a local

social services district pursuant to section three hundred ninety-five

of the social services law; and

(IV) recommend that the attorney for the child, local social services

district or agency file a petition pursuant to part one-A of article six

of this act to restore the parental rights of a child who has been freed

for adoption.

* (C) Where the permanency goal is return to parent and it is

anticipated that the child may be returned home 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 child's attorney. If the

court on its own motion or the child's attorney 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

child 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 child, the local social services

district may also discharge the child 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

child aging out of foster care shall mean that a child is physically

discharged but the local social services district retains care and

custody or custody and guardianship of the child and there remains a

date certain for the scheduled permanency hearing.

* NB Sep amd; cannot be put together

* (C) Where the permanency goal is return to parent and it is

anticipated that the child may be returned home 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 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 the youth

is physically discharged but the local social services district retains

care and custody or custody and guardianship of the child 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 youth reaches the age of

twenty-one, if a youth 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.

* NB Sep amd; cannot be put together

(C-1) Where placement will be ending prior to a subsequent permanency

hearing due to the child attaining twenty-one years of age, the court

may direct the social services district and/or the social services

official, as defined by section two of the social services law, to

provide assistance or services to such child and such orders shall be

enforceable after such child is discharged from foster care pursuant to

subdivision (d) of section one thousand eighty-eight of this article.

(D) The court may make an order of protection in the manner specified

by section one thousand fifty-six of this act in assistance or as a

condition of any other order made under this section. The order of

protection may set forth reasonable conditions of behavior to be

observed for a specified period of time by a person before the court.

(E) Where the court finds reasonable cause to believe that grounds for

termination of parental rights exist, the court may direct the local

social services district or other agency to institute a proceeding to

legally free the child for adoption pursuant to section three hundred

eighty-four-b of the social services law. Upon a failure by such agency

to institute such 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 local social

services district or other agency, for good cause shown and upon due

notice to all the 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 child in a subsequent adoption proceeding.

(F) The court may make an order directing a local social services

district or 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 and there has been no

prior court finding that such efforts are not required. 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 the local social

services district or agency including, but not limited to, requirements

that such agency assist the parent or other person legally 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

noncustodial parent and grandparents who have the right to visitation

pursuant to section one thousand eighty-one of this act. Such order may

also include encouraging and facilitating regular visitation and

communication with the child by the child's siblings and may incorporate

an order, if any, issued pursuant to this section or section one

thousand twenty-seven-a or one thousand eighty-one of this act, or

pursuant to section three hundred fifty-eight-a of the social services

law or section seventy-one of the domestic relations law. For purposes

of this section, "siblings" shall include half-siblings and those who

would be deemed siblings or half-siblings but for the surrender,

termination of parental rights or 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.

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

this section, the court may require the local social services district

or agency to make progress reports to the court, the parties, and the

child's attorney on the implementation of such order.

(H) Where a child freed for adoption has not been placed in a

prospective adoptive home and the court has entered an order of

disposition directing that the child be placed for adoption or directing

the provision of services or assistance to the child and the agency

charged with the guardianship and custody of the child fails, prior to

the next scheduled permanency hearing, to comply with such order, the

court at the time of such hearing may, in the best interests of the

child, enter an order committing the guardianship and custody of the

child to another authorized agency or may make any other order

authorized pursuant to section two hundred fifty-five of this act.

(I) If the court determines that the subject child has not been placed

with his or her minor siblings or half-siblings who are in care, or that

regular visitation and other forms of regular communication between the

subject child and his or her minor siblings or half-siblings has not

been provided or arranged for, the court may direct such official to

provide or arrange for such placement or regular visitation and

communication where the court finds that such placement or visitation

and communication is in the child's and his or her siblings' or

half-siblings' best interests. Placement or regular visitation and

communication with siblings or half-siblings shall be presumptively in

the child's and his or her siblings' or half-siblings' best interests

unless such placement or visitation and communication would be contrary

to the child's or his or her siblings' or half-siblings' health, safety

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

visitation. If a child placed in foster care pursuant to this section is

not placed together or afforded regular communication 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

communication. The motion shall be served upon: the parent or parents in

the proceeding under this section; the local social services official

having the care of the child; other persons having care, custody and

control of the child, if any; the parents or other persons having care,

custody and control of the siblings to be visited or with whom contact

is sought; such sibling himself or herself if ten years of age or older;

and such siblings' attorney, if any. Upon receipt of a motion filed

under this paragraph the court shall determine, after giving notice and

an opportunity to be heard to the persons served, whether visitation and

contact would be in the best interests of the child and his or her

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

have regular communication with his or her siblings if the court

determines it to be 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 surrender, termination of parental rights or death of a

parent.

(e) Service of court order and permanency hearing report. A copy of

the court order which includes the date certain for the next permanency

hearing and the permanency hearing report as approved, adjusted, or

modified by the court, shall be given to the parent or other person

legally responsible for the child.