Current through Register Vol. 46, No. 39, September 25, 2024
(a) Pretrial detention; required
findings. In any case in which detention is ordered by the court pursuant to
section
728 or
739 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) whether
reasonable efforts, where appropriate, 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 such court hearing, whether
reasonable efforts, where appropriate, were made to make it possible for the
respondent to safely return home.
The court may request the petitioner,
presentment agency, if any, 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
754
(2)(b) 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
756 of the
Family Court Act, the petitioner, presentment agency, if any, local probation
department and local commissioner of social 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 his or her best interests, and, if the
respondent was removed from his or her home prior to the date of such hearing,
whether such removal was in his or her best interests;
(2) whether reasonable efforts,
where appropriate, 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 date
of such hearing, whether reasonable efforts, where appropriate, were made to
make it possible for the respondent to return safely home. If the court
determines that reasonable efforts to prevent or eliminate the need for removal
of the respondent from his or her home were not made, but that the lack of such
efforts was appropriate under the circumstances, 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 local commissioner of social services 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
section
756-a 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
754
(2)(b) 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 and 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 parents 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; the services required to achieve the
goal; and a plan for the release or conditional release of the child, including
information regarding steps to be taken to enroll the child in a school or, as
applicable, vocational programs.
