Current through Register Vol. 46, No. 39, September 25, 2024
(a)
This section shall govern all permanency hearings conducted pursuant to article
10-A of the Family Court Act.
(b) Scheduling for dates certain;
deadlines for submitting permanency reports.
(1) The first court order remanding a
child into foster care or into direct placement with a relative or other
suitable person in a proceeding pursuant to article 10 or approving a voluntary
placement instrument pursuant to section
358-a of
the Social Services Law must contain a date certain for the initial permanency
hearing pursuant to article 10-A of the Family Court Act, which must be not
later than eight months from the date of removal of the child from his or her
home. If the child has a sibling or half-sibling removed from the home, whose
permanency hearing is scheduled before this court, the date certain shall be
the same as the date certain for the sibling's or half-sibling's permanency
hearing, unless the sibling or half-sibling was removed on a juvenile
delinquency or person in need of supervision petition or unless either sibling
has been freed for adoption.
(2) A permanency hearing with respect to
a child who has been freed for adoption shall be scheduled for a date certain
not more than 30 days after the earlier of the Family Court's oral announcement
of its decision or the signing and filing of its decision freeing the child for
adoption.
(3) In any
case in which the court has made a determination, pursuant to section
1039-b or
1052
(b) of the Family Court Act or section
358-a
(3)(b) of the Social Services Law, that
reasonable efforts to reunify the child with his or her parents are not
required, a permanency hearing must be scheduled for a date certain within 30
days of the determination and the originally scheduled date shall be cancelled.
In such a case, a permanency hearing report shall be transmitted to the parties
and counsel, including the child's attorney, on an expedited basis as directed
by the court.
(4) Each
permanency hearing order must contain a date certain for the next permanency
hearing, which shall be not more than six months following the completion of
the permanency hearing, except as provided in paragraph (3) of this
subdivision. Except with respect to a child freed for adoption, if the child
has a sibling or half-sibling removed from the home, whose permanency hearing
is scheduled before this court, the date certain shall be the same as the date
certain for the sibling's or half-sibling's permanency hearing, unless the
sibling or half-sibling was removed on a juvenile delinquency or person in need
of supervision petition or unless either sibling has been freed for
adoption.
(5) If the
child has been adopted or has been the subject of a final order of discharge or
custody or guardianship by the scheduled date certain, the permanency hearing
shall be cancelled and the petitioner shall promptly so notify the court, all
parties and their attorneys, including the child's attorney, as well as all
individuals required to be notified of the hearing pursuant to Family Court
Act, section
1089.
(c) Required notice and
transmittal of permanency reports. Except in cases involving children freed for
adoption, in addition to sending the permanency hearing report and accompanying
papers to the respondent parents' last-known address and to their attorneys not
less than 14 days in advance of the hearing date, the petitioner shall make
reasonable efforts to provide actual notice of the permanency hearing to the
respondent parents through any additional available means, including, but not
limited to, case-work, service and visiting contacts. Additionally, not less
than 14 days in advance of the hearing date, the petitioner shall send a notice
of the permanency hearing and the report and accompanying documents to the
non-respondent parent(s) and the foster parent or parents caring for the child,
each of whom shall be a party, and to the child's attorney. Petitioner shall
also send the notice and report to a pre-adoptive parent or relative providing
care for the child and shall send a notice, but not the report, to former
foster parents who cared for the child in excess of one year unless the court
has dispensed with such notice in accordance with paragraph two of subdivision
(b) of section
1089 of the
Family Court Act. The court shall give such persons an opportunity to be heard,
but they shall not be considered parties and their failures to appear shall not
constitute cause to delay the hearing. As provided in subdivision (d) of this
section, the petitioner shall submit on or before the return date documentation
of the notice or notices given to the respondent and non-respondent parents,
their attorneys, the child's attorney, and any present or former foster parent,
pre-adoptive parent or relative.
(d) Required papers to be submitted.
(1) A sworn permanency report
shall be submitted on the form officially promulgated by the Chief
Administrator of the Courts and set forth in Chapter IV of Subtitle D of this
Title, and shall contain all information required by section 1089 of the Family
Court Act.
(2) The
permanency report shall be accompanied by additional reports and documents as
directed by the court, which may include, but not be limited to, periodic
school report cards, photographs of the child, clinical evaluations and prior
court orders in related proceedings.
(3) The copy of the report submitted to
the Family Court must be sworn and must be accompanied by a list of all persons
and addresses to whom the report and/or notice of the permanency hearing were
sent. Except as otherwise directed by the Family Court, the list containing the
addresses shall be kept confidential and shall not be part of the court record
that may be subject to disclosure pursuant to section
205.5 of this Title. The copies of
the permanency hearing report required to be sent to the parties and their
attorneys, including the child's attorney, not less than 14 days prior to the
scheduled date certain need not be sworn so long as the verification
accompanying the Family Court's sworn copy attests to the fact that the copies
transmitted were identical in all other respects to the court's sworn
copy.
(e)
In any permanency hearing under article 10-A of the Family Court Act, the child
shall be represented by an attorney and the Family Court shall consider the
child's position regarding the child's permanency plan.
