N.Y. Family Court Act § 355.1: New hearing; staying, modifying or terminating an order

§ 355.1. New hearing; staying, modifying or terminating an order. 1.

Upon a showing of a substantial change of circumstances, the court may

on its own motion or on motion of the respondent or his parent or person

responsible for his care:

(a) grant a new fact-finding or dispositional hearing; or

(b) stay execution of, set aside, modify, terminate or vacate any

order issued in the course of a proceeding under this article.

* 2. An order issued under section 353.3, may, upon a showing of a

substantial change of circumstances, be set aside, modified, vacated or

terminated upon motion of the commissioner of social services or the

office of children and family services with whom the respondent has been

placed.

(a)(i) For a social services district that only has an approved plan

to implement programs for juvenile delinquents placed in non-secure

settings as part of an approved juvenile justice services close to home

initiative pursuant to section four hundred four of the social services

law, beginning on the effective date of that plan, if the district

determines that placement in a limited secure facility is appropriate

and consistent with the need for protection of the community and the

needs and best interests of the respondent placed into its care, the

social services district shall file a petition to transfer the custody

of the respondent to the office of children and family services, and

shall provide a copy of such petition to such office, the respondent,

the attorney for the respondent and the respondent's parent or legal

guardian. The court shall render a decision whether the juvenile

delinquent should be transferred to the office within seventy-two hours,

excluding weekends and public holidays. The family court shall, after

allowing the office of children and family services and the attorney for

the respondent, after notice having been given, an opportunity to be

heard, grant such a petition only if the court determines, and states in

its written order, the reasons why a limited secure placement is

necessary and consistent with the needs and best interests of the

respondent and the need for protection of the community.

(ii) For a social services district with an approved plan or approved

plans that cover juvenile delinquents placed in non-secure or in

non-secure and in limited secure settings as part of an approved

juvenile justice services close to home initiative pursuant to section

four hundred four of the social services law, beginning on the effective

date of the plan, if the district determines that a secure level of

placement is appropriate and consistent with the need for protection of

the community and the needs and best interests of the respondent placed

into its care, the social services district shall file a petition to

transfer the custody of the respondent to the office of children and

family services, and shall provide a copy of such petition to such

office, the respondent, the attorney for the respondent and the

respondent's parent or legal guardian. The court shall render a decision

whether the youth should be transferred within seventy-two hours,

excluding weekends and public holidays. The family court shall, after

allowing the office of children and family services and the attorney for

the respondent, after notice having been given, an opportunity to be

heard, grant such a petition only if the court determines, and states in

its written order, that the youth needs a secure level of placement

because:

(A) the respondent has been shown to be exceptionally dangerous to

himself or herself or to other persons. Exceptionally dangerous behavior

may include, but is not limited to, one or more serious intentional

assaults, sexual assaults or setting fires; or

(B) the respondent has demonstrated by a pattern of behavior that he

or she needs a more structured setting and the social services district

has considered the appropriateness and availability of a transfer to an

alternative non-secure or limited secure facility. Such behavior may

include, but is not limited to: disruptions in facility programs;

continuously and maliciously destroying property; or, repeatedly

committing or inciting other youth to commit assaultive or destructive

acts.

(iii) The court may order that the respondent be housed in a local

secure detention facility on an interim basis pending its final ruling

on the petition filed pursuant to this paragraph.

(b) The following provisions shall apply if the office of children and

family services files a petition with a family court in a social

services district with an approved juvenile justice services close to

home initiative pursuant to section four hundred four of the social

services law to transfer, within the first ninety days that such plan is

effective, to such district a respondent placed in the office's care

pursuant to either section 353.3 or 353. 5 of this part:

(i) Such a petition shall be provided to the respondent, the attorney

for the respondent and the respondent's parent or legal guardian. If the

district only has an approved plan that covers juvenile delinquents

placed in non-secure settings, the family court shall grant such a

petition, without a hearing, unless the attorney for the respondent,

after notice, objects to the transfer on the basis that the respondent

needs to be placed with the office or the family court determines that

there is insufficient information in the petition to grant the transfer

without a hearing. The family court shall grant the petition unless the

court determines, and states in its written order, the reasons why

placement with the office is necessary and consistent with the needs and

best interests of the respondent and the need for protection of the

community.

(ii) If the district has an approved plan or approved plans that cover

juvenile delinquents placed in non-secure and in limited secure

settings, for the first ninety days that the plan that covers juvenile

delinquents in limited secure settings is effective, the family court

shall grant such a petition, without a hearing, unless the attorney for

the respondent, after notice, objects to the transfer on the basis that

the respondent needs to be placed with the office or the family court

determines that there is insufficient information in the petition to

grant the transfer without a hearing. The family court shall grant the

petition unless the court determines, and states in its written order,

the reasons why placement with the office is necessary and consistent

with the needs and best interests of the respondent and the need for

protection of the community.

(c) Beginning ninety-one days after the effective date a social

services district's plan to implement programs for juvenile justice

services close to home initiative pursuant to section four hundred four

of the social services law, if the office of children and family

services files a petition to transfer to such district a respondent

placed in the office's care pursuant to either section 353.3 or 353.5 of

this part from a family court in such a social services district, the

office shall provide a copy of the petition to the social services

district, the attorney for the respondent and the presentment agency.

(i) If the district only has an approved plan that covers juvenile

delinquents placed in non-secure settings, the family court shall, after

allowing the social services district, the attorney for the respondent

and the presentment agency an opportunity to be heard, grant a petition

filed pursuant to this subparagraph unless the court determines, and

states in its written order, the reasons why a secure or limited secure

placement is necessary and consistent with the needs and best interests

of the respondent and the need for protection of the community.

(ii) If the district has an approved plan or approved plans that cover

juvenile delinquents placed in non-secure and limited secure settings,

beginning ninety-one days after the effective date of the plan that

covers juvenile delinquents placed in limited secure settings, the

family court, after allowing the social services district, the attorney

for the respondent and the presentment agency an opportunity to be

heard, shall grant a petition filed pursuant to this subparagraph,

unless the court determines, and states in its written order, the

reasons why a secure placement is necessary and consistent with the

needs and best interests of the respondent and the need for protection

of the community.

* NB Effective until March 31, 2028

* 2. An order issued under section 353.3, may, upon a showing of a

substantial change of circumstances, be set aside, modified, vacated or

terminated upon motion of the commissioner of social services or the

division for youth with whom the respondent has been placed.

* NB Effective March 31, 2028

3. If the court issues a new order of disposition under this section

the date such order expires shall not be later than the expiration date

of the original order.