2006 New York Code - Sustaining Or Dismissing Petition.

 
    §  1051. Sustaining or dismissing petition. (a) If facts sufficient to
  sustain the petition are established in accord with part  four  of  this
  article,  or  if  all  parties  and  the law guardian consent, the court
  shall, subject to the provisions of subdivision  (c)  of  this  section,
  enter  an order finding that the child is an abused child or a neglected
  child and shall state the grounds for the finding.
    (b) If the proof does not conform to the specific allegations  of  the
  petition,  the  court may amend the allegations to conform to the proof;
  provided, however, that in such  case  the  respondent  shall  be  given
  reasonable time to prepare to answer the amended allegations.
    (c) If facts sufficient to sustain the petition under this article are
  not  established,  or  if,  in  a  case  of  alleged  neglect, the court
  concludes that its aid is not required on  the  record  before  it,  the
  court  shall  dismiss  the  petition  and  shall state on the record the
  grounds for the dismissal.
    (d) If the court makes  a  finding  of  abuse  or  neglect,  it  shall
  determine,  based upon the facts adduced during the fact-finding hearing
  and any other additional facts presented to it,  whether  a  preliminary
  order  pursuant  to  section  one  thousand  twenty-seven is required to
  protect the child's interests pending a final order of disposition.  The
  court  shall  state  the  grounds  for its determination. In addition, a
  child found to be abused or neglected may be removed and remanded  to  a
  place  approved for such purpose by the local social services department
  or be placed in the custody of a suitable person, pending a final  order
  of  disposition,  if  the  court  finds  that  there  is  a  substantial
  probability that the final order of disposition  will  be  an  order  of
  placement  under section one thousand fifty-five. In determining whether
  substantial  probability  exists,   the   court   shall   consider   the
  requirements of subdivision (b) of section one thousand fifty-two.
    (e)  If  the  court  makes  a  finding  of abuse, it shall specify the
  paragraph or paragraphs of  subdivision  (e)  of  section  one  thousand
  twelve  of  this  act which it finds have been established. If the court
  makes a finding of abuse as defined in paragraph  (iii)  of  subdivision
  (e)  of section one thousand twelve of this act, it shall make a further
  finding of the specific sex offense as defined in  article  one  hundred
  thirty  of  the  penal law. In addition to a finding of abuse, the court
  may enter a finding of severe abuse or repeated  abuse,  as  defined  in
  paragraphs  (a)  and  (b)  of subdivision eight of section three hundred
  eighty-four-b of the social services law, which shall be admissible in a
  proceeding to terminate parental rights pursuant  to  paragraph  (e)  of
  subdivision  four  of  section three hundred eighty-four-b of the social
  services law. If the court makes such additional finding of severe abuse
  or  repeated  abuse,  the  court  shall  state  the  grounds   for   its
  determination, which shall be based upon clear and convincing evidence.
    (f)  Prior  to accepting an admission to an allegation or permitting a
  respondent to consent to a finding of neglect or abuse, the court  shall
  inform  the  respondent that such an admission or consent will result in
  the court making a fact-finding order of neglect or abuse, as  the  case
  may  be,  and  shall  further  inform  the  respondent  of the potential
  consequences of such order, including but not limited to the following:
    (i)  that  the  court  will  have  the  power  to  make  an  order  of
  disposition,  which  may  include  an order placing the subject child or
  children in foster care  until  completion  of  the  initial  permanency
  hearing  scheduled  pursuant to section one thousand eighty-nine of this
  act and subject to successive extensions of placement at any  subsequent
  permanency hearings;
    (ii)  that  the  placement  of the children in foster care may, if the
  parent fails to maintain contact with or plan  for  the  future  of  the


  child, lead to proceedings for the termination of parental rights and to
  the  possibility of adoption of the child if the child remains in foster
  care for fifteen of the most recent twenty-two months, the agency may be
  required by law to file a petition to terminate parental rights;
    (iii)  that  the  report  made  to the state central register of child
  abuse and maltreatment upon which the petition is based will  remain  on
  file until ten years after the eighteenth birthday of the youngest child
  named  in  such  report,  that  the  respondent will be unable to obtain
  expungement of such report, and that the existence of such report may be
  made known to employers seeking to screen  employee  applicants  in  the
  field  of  child  care,  and  to  child  care agencies if the respondent
  applies to become a foster parent or adoptive parent.
    Any finding upon such an admission or consent made without such notice
  being given by the court shall be vacated upon motion of any  party.  In
  no  event  shall a person other than the respondent, either in person or
  in writing, make an admission or consent to  a  finding  of  neglect  or
  abuse.