{"data":{"id":"us-ny/n.y.-family-court-act-1040","jurisdiction":"us-ny","citation":"N.Y. Family Court Act § 1040","heading":"Notice and right to be heard","body":"§ 1040. Notice and right to be heard. The foster parent caring for the\nchild or any pre-adoptive parent or relative providing care for the\nchild shall be provided with notice of any permanency hearing held\npursuant to this article by the social services official. Such foster\nparent, pre-adoptive parent or relative shall have the right to be heard\nat any such hearing; provided, however, no such foster parent,\npre-adoptive parent or relative shall be construed to be a party to the\nhearing solely on the basis of such notice and right to be heard. The\nfailure of the foster parent, pre-adoptive parent, or relative caring\nfor the child to appear at a permanency hearing shall constitute a\nwaiver of the right to be heard and such failure to appear shall not\ncause a delay of the permanency hearing nor shall such failure to appear\nbe a ground for the invalidation of any order issued by the court\npursuant to this section.","path":["Family Court Act","Article 10. Child Protective Proceedings","Part 3. Preliminary Procedure"],"source_url":"https://legislation.nysenate.gov/api/3/laws/FCT/1040","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"765ea1bf8c8e9760e832514da3292b26ee4e658480ada3f05d919972b7d25f1f","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-family-court-act-1039-b","next":"us-ny/n.y.-family-court-act-1041"},"notice":"GroundRules: Original legal text. Not legal advice."}