Current through Register Vol. 46, No. 12, March 20, 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.