N.Y. Family Court Act § 754: Disposition on adjudication of person in need of supervision

§ 754. Disposition on adjudication of person in need of supervision.

1. Upon an adjudication of person in need of supervision, the court

shall enter an order of disposition:

(a) Discharging the respondent with warning;

(b) Suspending judgment in accord with section seven hundred

fifty-five;

(c) Continuing the proceeding and placing the respondent in accord

with section seven hundred fifty-six; provided, however, that the court

shall not place the respondent in accord with section seven hundred

fifty-six where the respondent is sixteen years of age or older, unless

the court determines and states in its order that special circumstances

exist to warrant such placement; or

(d) Putting the respondent on probation in accord with section seven

hundred fifty-seven.

The court may order an eligible person to complete an education reform

program in accordance with section four hundred fifty-eight-l of the

social services law, as part of a disposition pursuant to paragraph (a),

(b) or (d) of this subdivision.

2. (a) The order shall state the court's reasons for the particular

disposition. If the court places the child in accordance with section

seven hundred fifty-six of this part, the court in its order shall

determine: (i) whether continuation in the child's home would be

contrary to the best interest of the child and where appropriate, that

reasonable efforts were made prior to the date of the dispositional

hearing held pursuant to this article to prevent or eliminate the need

for removal of the child from his or her home and, if the child was

removed from his or her home prior to the date of such hearing, that

such removal was in the child's best interest and, where appropriate,

reasonable efforts were made to make it possible for the child to return

safely home. If the court determines that reasonable efforts to prevent

or eliminate the need for removal of the child from the home were not

made but that the lack of such efforts was appropriate under the

circumstances, the court order shall include such a finding; and (ii) in

the case of a child who has attained the age of fourteen, the services

needed, if any, to assist the child to make the transition from foster

care to independent living. Nothing in this subdivision shall be

construed to modify the standards for directing pre-dispositional

placement set forth in section seven hundred thirty-nine of this

article.

(b) For the purpose of this section, reasonable efforts to prevent or

eliminate the need for removing the child from the home of the child or

to make it possible for the child to return safely to the home of the

child shall not be required where the court determines that:

(i) the parent of such child has subjected the child to aggravated

circumstances, as defined in subdivision (g) of section seven hundred

twelve of this article;

(ii) the parent of such child has been convicted of (A) murder in the

first degree as defined in section 125.27 or murder in the second degree

as defined in section 125.25 of the penal law and the victim was another

child of the parent; or (B) manslaughter in the first degree as defined

in section 125.20 or manslaughter in the second degree as defined in

section 125.15 of the penal law and the victim was another child of the

parent, provided, however, that the parent must have acted voluntarily

in committing such crime;

(iii) the parent of such child has been convicted of an attempt to

commit any of the crimes set forth in subparagraphs (i) and (ii) of this

paragraph, and the victim or intended victim was the child or another

child of the parent; or has been convicted of criminal solicitation as

defined in article one hundred, conspiracy as defined in article one

hundred five or criminal facilitation as defined in article one hundred

fifteen of the penal law for conspiring, soliciting or facilitating any

of the foregoing crimes, and the victim or intended victim was the child

or another child of the parent;

(iv) the parent of such child has been convicted of assault in the

second degree as defined in section 120.05, assault in the first degree

as defined in section 120.10 or aggravated assault upon a person less

than eleven years old as defined in section 120.12 of the penal law, and

the commission of one of the foregoing crimes resulted in serious

physical injury to the child or another child of the parent;

(v) the parent of such child has been convicted in any other

jurisdiction of an offense which includes all of the essential elements

of any crime specified in subparagraph (ii), (iii) or (iv) of this

paragraph, and the victim of such offense was the child or another child

of the parent; or

(vi) the parental rights of the parent to a sibling of such child have

been involuntarily terminated;

unless the court determines that providing reasonable efforts would be

in the best interests of the child, not contrary to the health and

safety of the child, and would likely result in the reunification of the

parent and the child in the foreseeable future. The court shall state

such findings in its order.

If the court determines that reasonable efforts are not required

because of one of the grounds set forth above, a permanency hearing

shall be held within thirty days of the finding of the court that such

efforts are not required. At the permanency hearing, the court shall

determine the appropriateness of the permanency plan prepared by the

social services official which shall include whether and when the child:

(A) will be returned to the parent; (B) should be placed for adoption

with the social services official filing a petition for termination of

parental rights; (C) should be referred for legal guardianship; (D)

should be placed permanently with a fit and willing relative; or (E)

should be placed in another planned permanent living arrangement with a

significant connection to an adult willing to be a permanency resource

for the child if the child is age sixteen or older and if the

requirements of subparagraph (E) of paragraph (iv) of subdivision (d) of

section seven hundred fifty-six-a of this part have been met. The social

services official shall thereafter make reasonable efforts to place the

child in a timely manner and to complete whatever steps are necessary to

finalize the permanent placement of the child as set forth in the

permanency plan approved by the court. If reasonable efforts are

determined by the court not to be required because of one of the grounds

set forth in this paragraph, the social services official may file a

petition for termination of parental rights in accordance with section

three hundred eighty-four-b of the social services law.

(c) For the purpose of this section, in determining reasonable efforts

to be made with respect to a child, and in making such reasonable

efforts, the child's health and safety shall be the paramount concern.

(d) For the purpose of this section, a sibling shall include a

half-sibling.