2006 New York Code - Order Of Disposition.

 
    §  352.2.  Order  of  disposition.  1.  Upon  the  conclusion  of  the
  dispositional hearing, the court shall enter an order of disposition:
    (a) conditionally discharging the respondent in  accord  with  section
  353.1; or
    (b)  putting the respondent on probation in accord with section 353.2;
  or
    (c) continuing the proceeding and placing  the  respondent  in  accord
  with section 353.3; or
    (d) placing the respondent in accord with section 353.4; or
    (e)  continuing  the  proceeding  and  placing  the respondent under a
  restrictive placement in accord with section 353.5.
    2. (a) In determining an appropriate order the  court  shall  consider
  the  needs  and best interests of the respondent as well as the need for
  protection  of  the  community.  If  the  respondent  has  committed   a
  designated   felony  act  the  court  shall  determine  the  appropriate
  disposition in accord with section 353.5. In all other cases  the  court
  shall  order  the  least restrictive available alternative enumerated in
  subdivision one which is consistent with the needs and best interests of
  the respondent and the need for protection of the community.
    (b) In an order of disposition entered pursuant to  section  353.3  or
  353.4  of  this  chapter,  or where the court has determined pursuant to
  section  353.5  of  this  chapter  that  restrictive  placement  is  not
  required,  which  order  places  the respondent with the commissioner of
  social services or with the office of children and family  services  for
  placement  with  an authorized agency or class of authorized agencies or
  in such facilities designated by  the  office  of  children  and  family
  services  as  are  eligible  for federal reimbursement pursuant to title
  IV-E of the social security act, the court in its order shall  determine
  (i)  that continuation in the respondent's home would be contrary to the
  best interests of the respondent; or 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,  that
  continuation in the respondent's home would be contrary to the need  for
  protection  of  the  community;  (ii)  that 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, or if the child was removed from his or her home prior to the
  dispositional hearing, where appropriate and where consistent  with  the
  need  for  safety of the community, whether reasonable efforts were made
  to make it possible for the child to safely return home.  If  the  court
  determines  that reasonable efforts to prevent or eliminate the need for
  removal of the child 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;  and  (iii)  in  the  case of a child who has
  attained the age of sixteen, the services needed, if any, to assist  the
  child to make the transition from foster care to independent living.
    (c)    For  the  purpose  of  this  section,  when an order is entered
  pursuant to section 353.3 or 353.4 of this article,  reasonable  efforts
  to  prevent  or  eliminate the need for removing the respondent from the
  home of the respondent or to make it  possible  for  the  respondent  to
  return  safely to the home of the respondent shall not be required where
  the court determines that:
    (1) the parent of such respondent  has  subjected  the  respondent  to
  aggravated  circumstances,  as defined in subdivision fifteen of section
  301.2 of this article;


    (2) the parent of such child has been convicted of (i) murder  in  the
  first degree as defined in section 125.27 or murder in the second degree
  as defined in section 125.25 of the penal law and the victim was another
  child of the parent; or (ii) manslaughter in the first degree as defined
  in  section  125.20  or  manslaughter in the second degree as defined in
  section 125.15 of the penal law and the victim was another child of  the
  parent,  provided,  however, that the parent must have acted voluntarily
  in committing such crime;
    (3) the parent of such child has  been  convicted  of  an  attempt  to
  commit  any  of  the foregoing crimes, and the victim or intended victim
  was the child or another child of the parent; or has been  convicted  of
  criminal  solicitation  as defined in article one hundred, conspiracy as
  defined in article one hundred five or criminal facilitation as  defined
  in  article  one  hundred  fifteen  of  the  penal  law  for conspiring,
  soliciting or facilitating any of the foregoing crimes, and  the  victim
  or intended victim was the child or another child of the parent;
    (4) the parent of such respondent has been convicted of assault in the
  second  degree as defined in section 120.05, assault in the first degree
  as defined in section 120.10 or aggravated assault upon  a  person  less
  than eleven years old as defined in section 120.12 of the penal law, and
  the  commission  of  one  of  the foregoing crimes   resulted in serious
  physical injury to the respondent or another child of the parent;
    (5) the parent of such respondent has  been  convicted  in  any  other
  jurisdiction  of an offense which includes all of the essential elements
  of any crime specified in  subparagraph  two,  three  or  four  of  this
  paragraph,  and the victim of such offense was the respondent or another
  child of the parent; or
    (6) the parental rights of the parent to a sibling of such  respondent
  have been involuntarily terminated;
  unless  the  court determines that providing reasonable efforts would be
  in the best interests of the child,  not  contrary  to  the  health  and
  safety of the child, and would likely result in the reunification of the
  parent  and  the  child in the foreseeable future. The court shall state
  such findings in its order.
    If the court determines  that  reasonable  efforts  are  not  required
  because  of  one  of  the  grounds set forth above, a permanency hearing
  shall be held pursuant to section 355.5 of this  article  within  thirty
  days  of  the  finding  of the court that such efforts are not required.
  The social services official  or  the  office  of  children  and  family
  services,  where  the  respondent  was  placed  with  such office, shall
  subsequent to the permanency hearing make reasonable  efforts  to  place
  the  respondent  in  a  timely manner and to complete whatever steps are
  necessary to finalize the permanent placement of the respondent  as  set
  forth  in  the  permanency  plan  approved  by  the court. If reasonable
  efforts are determined by the court not to be required because of one of
  the grounds set forth in this paragraph, the  social  services  official
  may  file  a  petition  for termination of parental rights in accordance
  with section three hundred eighty-four-b of the social services law.
    (d)   For the purposes of  this  section,  in  determining  reasonable
  efforts  to  be  made with respect to the respondent, and in making such
  reasonable efforts, the respondent's health  and  safety  shall  be  the
  paramount concern.
    (e)  For  the  purpose  of  this  section,  a  sibling shall include a
  half-sibling.
    3. The order shall  state  the  court's  reasons  for  the  particular
  disposition,  including, in the case of a restrictive placement pursuant
  to section 353.5,  the  specific  findings  of  fact  required  in  such
  section.