2006 New York Code - Extension Of Placement.

 
    § 355.3 Extension of placement. 1. In any case in which the respondent
  has  been  placed  pursuant  to section 353.3 the respondent, the person
  with whom the respondent has been placed,  the  commissioner  of  social
  services,  or  the  division  for youth may petition the court to extend
  such placement. Such petition shall be filed at least sixty  days  prior
  to  the  expiration  of  the  period of placement, except for good cause
  shown but in no event shall such petition be filed  after  the  original
  expiration date.
    2.  The  court  shall  conduct  a  hearing  concerning  the  need  for
  continuing the placement. The respondent, the presentment agency and the
  agency with whom the respondent has been placed  shall  be  notified  of
  such  hearing and shall have the opportunity to be heard thereat. If the
  petition is filed within sixty days  prior  to  the  expiration  of  the
  period  of  placement,  the  court shall first determine at such hearing
  whether good cause has been shown. If good cause is not shown, the court
  shall dismiss the petition.
    3. The provisions of sections 350.3 and  350.4  shall  apply  at  such
  hearing.
    4.  At the conclusion of the hearing the court may, in its discretion,
  order an extension of the placement for not  more  than  one  year.  The
  court must consider and determine in its order:
    (i) that where appropriate, and where consistent with the need for the
  protection  of  the  community,  reasonable efforts were made to make it
  possible for the respondent to safely return to his or her home;
    (ii) in the case of a respondent 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; and
    (iii) in the case of a child placed outside New  York  state,  whether
  the  out-of-state  placement continues to be appropriate and in the best
  interests of the child.
    5. Pending final determination of a petition to extend such  placement
  filed  in accordance with the provisions of this section, the court may,
  on its own motion or at the request of  the  petitioner  or  respondent,
  enter one or more temporary orders extending a period of placement for a
  period  not  to  exceed  thirty  days  upon  satisfactory  proof showing
  probable cause for continuing such placement  and  that  each  temporary
  order   is  necessary.     The  court  may  order  additional  temporary
  extensions, not to exceed a total of  fifteen  days,  if  the  court  is
  unable to conclude the hearing within the thirty day temporary extension
  period.    In  no event shall the aggregate number of days in extentions
  granted or ordered under this subdivision  total  more  than  forty-five
  days.  The  petition  shall  be  dismissed if a decision is not rendered
  within the period of placement or any temporary extension thereof.
    6. Successive extensions  of  placement  under  this  section  may  be
  granted,   but  no  placement  may  be  made  or  continued  beyond  the
  respondent's eighteenth birthday without the child's consent and  in  no
  event past the child's twenty-first birthday.