Current through Register Vol. 46, No. 39, September 25, 2024
(a) Pre-petition and pretrial detention;
required findings. In any case in which detention is ordered by the court
pursuant to section
307.4 or
320.5 of the
Family Court Act, the court shall make additional, specific written findings
regarding the following issues:
(1) whether the continuation of the
respondent in his or her home would be contrary to his or her best interests;
and
(2) where
appropriate and consistent with the need for protection of the community,
whether reasonable efforts were made, prior to the date of the court hearing
that resulted in the detention order, to prevent or eliminate the need for
removal of the respondent from his or her home, or, if the respondent had been
removed from his or her home prior to the initial appearance, where appropriate
and consistent with the need for protection of the community, whether
reasonable efforts were made to make it possible for the respondent to safely
return home.
The court may request the presentment agency
and the local probation department to provide information to the court to aid
in its determinations and may also consider information provided by the child's
attorney.
(b) Motion for an order that reasonable
efforts are not required. A motion for a judicial determination, pursuant to
section
352.2
(2)(c) of the Family Court Act, that
reasonable efforts to prevent or eliminate the need for removal of the
respondent from his or her home or to make it possible to reunify the
respondent with his or her parents are not required, shall be governed by
section 205.16 of this Part.
(c) Placement; required
findings. In any case in which the court is considering ordering placement
pursuant to section
353.3 or
353.4 of the
Family Court Act, the presentment agency, local probation department, local
commissioner of social services and New York State Office of Children and
Family Services shall provide information to the court to aid in its required
determination of the following issues:
(1) whether continuation in the
respondent's home would be contrary to the best interests of the respondent,
and, in the case of a respondent for whom the court has determined that
continuation in his or her home would not be contrary to the best interests of
the respondent, whether continuation in the respondent's home would be contrary
to the need for protection of the community;
(2) whether, where appropriate and where
consistent with the need for protection of the community, reasonable efforts
were made, prior to the date of the dispositional hearing, to prevent or
eliminate the need for removal of the respondent from his or her home, and, if
the respondent was removed from his or her home prior to the dispositional
hearing, where appropriate and where consistent with the need for protection of
the community, whether reasonable efforts were made to make it possible for the
respondent to return home safely. If the court determines that reasonable
efforts to prevent or eliminate the need for removal of the respondent from the
home were not made, but that the lack of such efforts was appropriate under the
circumstances, or consistent with the need for protection of the community, or
both, the court order shall include such a finding;
(3) in the case of a respondent
who has attained the age of 16, the services needed, if any, to assist the
respondent to make the transition from foster care to independent living;
and
(4) in the case of
an order of placement specifying a particular authorized agency or foster care
provider, the position of the New York State Office of Children and Family
Services or local department of social services, as applicable, regarding such
placement.
(d) Permanency hearing; extension of
placement.
(1) A petition for a
permanency hearing and, if applicable, an extension of placement, pursuant to
sections
355.3 and
355.5 of the
Family Court Act, shall be filed at least 60 days prior to the expiration of
one year following the respondent's entry into foster care; provided, however,
that if the Family Court makes a determination, pursuant to section
352.2
(2)(c) of the Family Court Act, that
reasonable efforts are not required to prevent or eliminate the need for
removal of the respondent from his or her home or to make it possible to
reunify the respondent with his or her parents, the permanency hearing shall be
held within 30 days of such finding and the petition for the permanency hearing
shall be filed and served on an expedited basis as directed by the
court.
(2) Following
the initial permanency hearing in a case in which the respondent remains in
placement, a petition for a subsequent permanency hearing and, if applicable,
extension of placement, shall be filed at least 60 days prior to the expiration
of one year following the date of the preceding permanency hearing.
(3) The permanency petition
shall include, but not be limited to, the following: the date by which the
permanency hearing must be held; the date by which any subsequent permanency
petition must be filed; the proposed permanency goal for the child; the
reasonable efforts, if any, undertaken to achieve the child's return to his or
her parents or other permanency goal; the visitation plan for the child and his
or her sibling or siblings and, if parental rights have not been terminated,
for his or her parent or parents; and current information regarding the status
of services ordered by the court to be provided, as well as other services that
have been provided, to the child and his or her parent or parents.
(4) In all cases, the permanency
petition shall be accompanied by the most recent service plan containing, at
minimum: the child's permanency goal and projected time-frame for its
achievement; the reasonable efforts that have been undertaken and are planned
to achieve the goal; impediments, if any, that have been encountered in
achieving the goal; and the services required to achieve the goal.
Additionally, the permanency petition shall contain or have annexed to it a
plan for the release or conditional release of the child, as required by
section
353.3
(7) of the Family Court Act.
