N.Y. Family Court Act § 1096: Custody or guardianship with relatives or suitable persons pursuant to article six of this act or article seventeen of the surrogate's co...

§ 1096. Custody or guardianship with relatives or suitable persons

pursuant to article six of this act or article seventeen of the

surrogate's court procedure act. (a) At the conclusion of a hearing held

pursuant to section one thousand ninety-five of this article, the court

may enter an order of disposition granting custody or guardianship of

the child to a relative or suitable person under article six of this act

or guardianship of the child to a relative or suitable person under

article seventeen of the surrogate's court procedure act if:

(1) the relative or suitable person has filed a petition for custody

or guardianship of the child pursuant to article six of this act or

guardianship of the child pursuant to article seventeen of the

surrogate's court procedure act; and

(2) the court finds that granting custody or guardianship of the child

to the relative or suitable person is in the best interests of the

child; and

(3) the court finds that granting custody or guardianship of the child

to the relative or suitable person under article six of this act or

guardianship of the child to a relative or suitable person under article

seventeen of the surrogate's court procedure act will provide the child

with a safe and permanent home; and

(4) all parties to the destitute child proceeding consent to the

granting of custody or guardianship under article six of this act or

article seventeen of the surrogate's court procedure act; or

(5) after a consolidated fact finding and dispositional hearing on the

destitute child petition and the petition under article six of this act

or article seventeen of the surrogate's court procedure act:

(i) if a parent or parents fail to consent to the granting of custody

or guardianship under article six of this act or guardianship under

article seventeen of the surrogate's court procedure act, the court

finds that extraordinary circumstances exist that support granting an

order of custody or guardianship under article six of this act or

guardianship under article seventeen of the surrogate's court procedure

act; or

(ii) if the parent or parents consent and a party other than a parent

fails to consent to the granting of custody or guardianship under

article six of this act or guardianship under article seventeen of the

surrogate's court procedure act, the court finds that granting custody

or guardianship of the child to the relative or suitable person is in

the best interests of the child.

(b) An order made in accordance with the provisions of this section

shall set forth the required findings as described in subdivision (a) of

this section and shall constitute the final disposition of the destitute

child proceeding. Notwithstanding any other provision of law, the court

shall not issue an order of supervision nor may the court require the

local department of social services to provide services to the parent,

parents, caretaker or interested adult when granting custody or

guardianship pursuant to article six of this act or guardianship under

article seventeen of the surrogate's court procedure act under this

section.

(c) As part of the order granting custody or guardianship pursuant to

article six of this act or guardianship pursuant to article seventeen of

the surrogate's court procedure act, the court may require that the

local department of social services and the attorney for the child

receive notice of and be made parties to any subsequent proceeding to

modify such order of custody or guardianship.

(d) An order entered in accordance with this section shall conclude

the court's jurisdiction over the proceeding held pursuant to this

article and the court shall not maintain jurisdiction over the parties

for the purposes of permanency hearings held pursuant to article ten-A

of this act.