N.Y. Family Court Act § 614: Originating proceeding for the commitment of the guardianship and custody of a permanently neglected child

§ 614. Originating proceeding for the commitment of the guardianship

and custody of a permanently neglected child. 1. A proceeding for the

commitment of the guardianship and custody of a child on the ground of

permanent neglect is originated by a petition, alleging:

(a) the child is a person under eighteen years of age;

(b) the child is in the care of an authorized agency;

(c) the authorized agency has made diligent efforts to encourage and

strengthen the parental relationship and specifying the efforts made or

that such efforts would be detrimental to the best interests of the

child and specifying the reasons therefor;

(d) the parent or custodian, notwithstanding the agency's efforts, has

failed for a period of either at least one year or fifteen out of the

most recent twenty-two months following the date such child came into

the care of an authorized agency substantially and continuously or

repeatedly to maintain contact with or plan for the future of the child,

although physically and financially able to do so; and

(e) the best interests of the child require that the guardianship and

custody of the child be committed to an authorized agency or to a foster

parent authorized to originate this proceeding under section one

thousand eighty-nine of this act.

2. Where the petitioner is not the authorized agency, allegations

relating to the efforts of the authorized agency may be made upon

information and belief.