2006 New York Code - Permanency Hearing.

 
    §  355.5.  Permanency hearing. 1. For the purposes of this section the
  term "non-secure facility" means a facility operated  by  an  authorized
  agency  in  accordance  with an operating certificate issued pursuant to
  the social services law or a facility, not including a secure or limited
  secure facility, with a capacity of twenty-five beds or less operated by
  the office of children and family services in  accordance  with  section
  five hundred four of the executive law.
    2. Where a respondent is placed with a commissioner of social services
  or  the office of children and family services pursuant to section 353.3
  of this article for a period of twelve or fewer months and resides in  a
  foster home or non-secure facility;
    (a)  The initial permanency hearing shall be held no later than twelve
  months after the respondent who was placed with a commissioner of social
  services or the office of children and family  services  entered  foster
  care  and  such  permanency hearing shall be held in conjunction with an
  extension of placement hearing held pursuant to section  355.3  of  this
  article.
    (b)  Subsequent  permanency hearings shall be held no later than every
  twelve months following the respondent's initial permanency hearing  and
  shall be held in conjunction with an extension of placement hearing held
  pursuant to section 355.3 of this article.
    3. Where a respondent is placed with a commissioner of social services
  or  the office of children and family services pursuant to section 353.3
  of this article for a period in excess of twelve months and resides in a
  foster home or in a non-secure facility;
    (a) the initial permanency hearing shall be held no later than  twelve
  months after the respondent who was placed with a commissioner of social
  services  or  the  office of children and family services entered foster
  care.
    (b) subsequent permanency hearings shall be held no later  than  every
  twelve  months  following  the  respondent's  initial  twelve  months in
  placement; provided, however, that they shall  be  held  in  conjunction
  with an extension of placement hearing held pursuant to section 355.3 of
  this article.
    4.  For  the  purposes  of  this  section,  the  respondent  shall  be
  considered to have entered foster care sixty days after  the  respondent
  was removed from his or her home pursuant to this article.
    5. A petition for an initial or subsequent permanency hearing shall be
  filed  by  the  office  of  children  and  family  services  or  by  the
  commissioner of social services with whom  the  respondent  was  placed.
  Such  petition  shall be filed no later than sixty days prior to the end
  of the month in which an initial or subsequent permanency  hearing  must
  be held, as directed in subdivision two of this section.
    6.  The  foster  parent  caring for the respondent or any pre-adoptive
  parent or relative providing care for the respondent shall  be  provided
  with  notice  of any permanency hearing held pursuant to this section by
  the office of children and family services or the commissioner of social
  services with whom the respondent  was  placed.    Such  foster  parent,
  pre-adoptive  parent and relative shall be afforded an opportunity to be
  heard at any such hearing; provided, however,  no  such  foster  parent,
  pre-adoptive  parent or relative shall be construed to be a party to the
  hearing solely on the basis of such notice and opportunity to be  heard.
  The  failure  of  the  foster  parent,  pre-adoptive parent, or relative
  caring for the child to appear at a permanency hearing shall  constitute
  a waiver of the opportunity to be heard and such failure to appear shall
  not  cause  a  delay of the permanency hearing nor shall such failure to
  appear be a ground for the invalidation of any order issued by the court
  pursuant to this section.


    7.  At the permanency hearing, the court must consider  and  determine
  in its order:
    (a)    where appropriate, that reasonable efforts were made to make it
  possible for the respondent to return safely to his or her home,  or  if
  the permanency plan for the respondent is adoption, guardianship or some
  other  permanent  living  arrangement  other than reunification with the
  parent or parents of the respondent, that reasonable efforts  were  made
  to make and finalize such alternate permanent placement;
    (b)   in the case of a respondent who has attained the age of sixteen,
  the services needed, if any,  to  assist  the  respondent  to  make  the
  transition from foster care to independent living;
    (c)  in the case of a respondent placed outside of this state, whether
  the out-of-state placement continues to be appropriate and in  the  best
  interests of the respondent;
    (d)  with  regard  to the completion of placement ordered by the court
  pursuant to section 353.3 or 355.3 of this article: whether and when the
  respondent: (i) will be returned to the parent; (ii)  should  be  placed
  for  adoption  with  the  local commissioner of social services filing a
  petition for termination of parental rights; (iii)  should  be  referred
  for legal guardianship; (iv) should be placed permanently with a fit and
  willing  relative;  or (v) should be placed in another planned permanent
  living arrangement if the office of children and family services or  the
  local  commissioner  of  social  services  has documented to the court a
  compelling reason for determining that it  would  not  be  in  the  best
  interest  of  the respondent to return home, be referred for termination
  of parental rights and placed  for  adoption,  placed  with  a  fit  and
  willing relative, or placed with a legal guardian; and
    (e) with regard to the completion or extension of placement ordered by
  the  court pursuant to section 353.3 or 355.3 of this article, the steps
  that must be taken by the agency with which the respondent is placed  to
  implement the plan for release or conditional release submitted pursuant
  to  paragraph (c) of subdivision seven of section 353.3 of this article,
  the adequacy of such plan and any modifications that should be  made  to
  such plan.
    8.  The  court  shall  not  reduce  or  terminate the placement of the
  respondent prior to the completion of the period of placement ordered by
  the court pursuant to section 353.3 or 355.3 of this article.