N.Y. Family Court Act § 637: Burden of proof, disposition and findings

§ 637. Burden of proof, disposition and findings. (a) The petitioner

shall have the burden of proof by clear and convincing evidence that

restoration of parental rights is in the child's best interests, that

the requirements of section six hundred thirty-five of this part have

been met and that all of the parties and the child have consented or, if

the petitioner in the proceeding in which guardianship and custody have

been committed failed to consent to the relief requested, that such

failure was without good cause.

(b) The court shall state on the record the reason or reasons for its

disposition of the petition. The court may make the following orders of

disposition:

(i) The court may grant the petition, modify the order of disposition

previously entered in the termination of parental rights proceeding and

transfer guardianship and custody of the child to the birth parent or

parents, provided, however, that the findings of fact rendered pursuant

to section six hundred twenty-two of this article or subdivision four of

section three hundred eighty-four-b of the social services law that

formed the basis for the adjudication terminating parental rights shall

remain; or

(ii) The court may dismiss the petition, in which case the commitment

of guardianship and custody of the child to the authorized agency or

individual would continue and a permanency hearing would be required to

be held as scheduled in accordance with article ten-A of this act; or

(iii) The court may grant the petition conditionally for a designated

period of up to six months, during which time guardianship and custody

of the child shall remain with the local social services district or

authorized agency while the child may visit with, or be placed on a

trial discharge with, the birth parent or parents. The court shall

direct the district or agency to supervise the child's birth parent or

parents, develop a reunification plan and provide appropriate

transitional services to the child and birth parent or parents and

report to the parties, attorney for the child and the court not later

than thirty days prior to the expiration of the designated period. The

court shall schedule the proceeding to be heard prior to the expiration

of the designated period and shall determine whether to grant the

petition permanently in accordance with paragraph (i) of this

subdivision or dismiss the petition in accordance with paragraph (ii) of

this subdivision. The court shall state its reasons for its

determination. If the petition is permanently granted, the child's

custody and guardianship shall be transferred to the birth parent or

parents. If the child has been removed from the custody of the birth

parent or parents prior to the expiration of the designated period by

reason of a report of suspected child abuse or maltreatment, the court

shall schedule the proceeding to be heard on notice to the parties and

attorney for the child, may terminate the trial discharge and may

dismiss the petition in accordance with paragraph (ii) of this

subdivision.