N.Y. Family Court Act § 636: Originating a proceeding to restore parental rights; service and venue

§ 636. Originating a proceeding to restore parental rights; service

and venue. (a) A proceeding to modify the disposition in order to

restore parental rights may be originated by the filing of a petition by

the child's attorney, by the agency or individual to whom guardianship

and custody of the child had been committed or by the respondent or

respondents in the termination of parental rights proceeding. The

petition shall be served upon the child's attorney, the agency or

individual to whom guardianship and custody of the child had been

committed and the respondent or respondents in the termination of

parental rights proceeding, as well as the attorney or attorneys who

represented the respondent or respondents in the termination of parental

rights proceeding. A certified copy of the order committing guardianship

and custody shall be attached to the petition.

(b) Upon the filing of a petition under this part, the court may cause

a summons to be issued to the child, the agency or individual to whom

guardianship and custody of the child had been committed and the

respondent or respondents in the termination of parental rights

proceeding. The summons shall be served in accordance with section six

hundred seventeen of this article, accompanied by a copy of the petition

and the certified order of commitment sought to be modified.

(c) The petition shall be filed before the court that exercised

jurisdiction over the most recent permanency proceeding involving the

child and shall be assigned, wherever practicable, to the family court

judge who presided over that proceeding or the proceeding to terminate

parental rights.

(d) Wherever practicable, the child shall be represented by the same

attorney that represented the child in the most recent permanency

proceeding and the parent or parents shall be represented by the same

attorney or attorneys who represented the parent or parents in the

termination of parental rights proceeding. Where this is not

practicable, or where the court grants a request by the attorney or

attorneys to be relieved, the court shall immediately assign a new

attorney or attorneys, as applicable.