Current through Register Vol. 46, No. 39, September 25, 2024
(a) Temporary removal; required findings.
In any case in which removal of the child is ordered by the court pursuant to
part 2 of article 10 of the Family Court Act, the court shall set a date
certain for a permanency hearing in accordance with section
205.17 of this Part and shall make
additional, specific written findings regarding the following issues:
(1) whether the continuation of
the child 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 removal order, to prevent or eliminate the
need for removal of the child from his or her home, and, if the child 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 child to
safely return home. The petitioner shall provide information to the court to
aid in its determinations. The court may also consider information provided by
respondents, the child's attorney, the non-respondent parent or parents,
relatives and other suitable persons.
(b) Motion for an order that
reasonable efforts are not required. A motion for a judicial determination,
pursuant to section
1039-b of
the Family Court Act, that reasonable efforts to prevent or eliminate the need
for removal of the child from his or her home or to make it possible to reunify
the child 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
1055 of the
Family Court Act, the petitioner shall provide information to the court to aid
in its required determination of the following issues:
(1) whether continuation in the child's
home would be contrary to his or her best interests and, if the child was
removed from his or her home prior to or at the time the dispositional hearing
and a judicial determination has not yet been made, 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 child from his or her home
and, if the child 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 child to return safely home. If the court determines that
reasonable efforts to prevent or eliminate the need for removal of the child
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 child for whom the permanency plan is adoption, guardianship or some
other permanent living arrangement other than reunification with the parent or
parents of the child, whether reasonable efforts have been made to make and
finalize such other permanency plan;
(4) in the case of a respondent who has
attained the age of 14, the services needed, if any, to assist the respondent
to make the transition from foster care to independent living; and
(5) 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. If the child or
children is or are placed in foster care or directly placed with a relative or
other suitable person, the court shall set a date certain for a permanency
hearing under article 10-A of the Family Court Act. All permanency hearings
under article 10-A shall be governed by section
205.17 of this Part.
