2006 New York Code - Placement Of Children.

 
    §  1017.  Placement  of  children.  1.  In  any  proceeding under this
  article, when the court determines that a child must be removed from his
  or her home, pursuant to part two of this article, or  placed,  pursuant
  to  section  one  thousand  fifty-five  of this article, the court shall
  direct the local commissioner of social services to conduct an immediate
  investigation to locate any non-respondent parent of the child  and  any
  relatives  of  the child, including all of the child's grandparents, all
  suitable  relatives  identified  by  any  respondent   parent   or   any
  non-respondent  parent  and  any relative identified by a child over the
  age of five as a relative who plays or has played a significant positive
  role in his or her  life,  and  inform  them  of  the  pendency  of  the
  proceeding  and  of  the  opportunity for becoming foster parents or for
  seeking custody or care of the child, and that the child may be  adopted
  by foster parents if attempts at reunification with the birth parent are
  not  required  or  are  unsuccessful.  The  local commissioner of social
  services shall record the results of such investigation, including,  but
  not  limited  to,  the name, last known address, social security number,
  employer's address and any other identifying information to  the  extent
  known  regarding  any  non-respondent parent, in the uniform case record
  maintained pursuant  to  section  four  hundred  nine-f  of  the  social
  services  law.  For the purpose of this section, "non-respondent parent"
  shall include a person  entitled  to  notice  of  the  pendency  of  the
  proceeding and of the right to intervene as an interested party pursuant
  to  subdivision (d) of section one thousand thirty-five of this article,
  and a non-custodial parent entitled to notice and the right  to  enforce
  visitation  rights  pursuant  to subdivision (e) of section one thousand
  thirty-five of this article. The court shall determine:
    (a) whether there is a suitable non-respondent parent or other  person
  related to the child with whom such child may appropriately reside; and
    (b) in the case of a relative, whether such relative seeks approval as
  a  foster parent pursuant to the social services law for the purposes of
  providing care for such child,  or  wishes  to  provide  free  care  and
  custody for the child during the pendency of any orders pursuant to this
  article.
    2.  The  court  shall, upon receipt of the report of the investigation
  ordered pursuant to subdivision one of this section:
    (a) where the court determines  that  the  child  may  reside  with  a
  suitable  non-respondent  parent  or  other  relative  or other suitable
  person, either:
    (i) place the child in the  custody  of  such  non-respondent  parent,
  other  relative or other suitable person pursuant to article six of this
  act and conduct such other and further investigations as the court deems
  necessary; or
    (ii) place the child in the custody  of  such  non-respondent  parent,
  other  relative or other suitable person pursuant to this article during
  the pendency of the proceeding or until  further  order  of  the  court,
  whichever  is  earlier and conduct such other and further investigations
  as the court deems necessary; or
    (iii) remand or  place  the  child,  as  applicable,  with  the  local
  commissioner of social services and direct such commissioner to have the
  child  reside  with  such  relative or other suitable person and further
  direct such commissioner  pursuant  to  regulations  of  the  office  of
  children  and  family services, to commence an investigation of the home
  of such relative or other suitable person within twenty-four  hours  and
  thereafter approve such relative or other suitable person, if qualified,
  as  a  foster  parent.  If  such  home  is  found  to be unqualified for
  approval, the local commissioner shall report such  fact  to  the  court
  forthwith.


    (b)  where  the court determines that a suitable non-respondent parent
  or other person related to the child cannot be located, remand or  place
  the child with a suitable person, pursuant to subdivision (b) of section
  one  thousand  twenty-seven  or  subdivision (a) of section one thousand
  fifty-five  of this article, or remand or place the child in the custody
  of the local commissioner of social services pursuant to subdivision (b)
  of section one thousand twenty-seven or subdivision (a) of  section  one
  thousand  fifty-five  of  this  article. The court in its discretion may
  direct that such commissioner  have  the  child  reside  in  a  specific
  certified  foster home where the court determines that such placement is
  in furtherance of the child's best interests.
    3. Nothing in this  section  shall  be  deemed  to  limit,  impair  or
  restrict the ability of the court to remove a child from his or her home
  as  authorized  by law, or the right of a party to a hearing pursuant to
  section ten hundred twenty-eight of this article.