2006 New York Code - Issuance Of Summons; Notice To Certain Interested Persons And Intervention.



 
    §  1035. Issuance of summons; notice to certain interested persons and
  intervention.
    (a) On the filing of a petition under this article where the child has
  been removed from his or her home, unless a warrant is  issued  pursuant
  to section one thousand thirty-seven of this part, the court shall cause
  a  copy  of  the  petition  and  a summons to be issued the same day the
  petition is filed, clearly marked  on  the  face  thereof  "Child  Abuse
  Case",  as  applicable,  requiring  the  parent  or other person legally
  responsible for the child's care  or  with  whom  he  or  she  had  been
  residing  to  appear  at the court within three court days to answer the
  petition, unless a shorter time for a hearing to occur is prescribed  in
  part two of this article.
    (b)  In  a proceeding to determine abuse or neglect, the summons shall
  contain a statement in conspicuous print informing the respondent that:
    (i) the proceeding may lead to the filing  of  a  petition  under  the
  social  services law for the termination of respondent's parental rights
  and commitment of guardianship and custody of the child for the  purpose
  of adoption; and
    (ii)  if the child is placed and remains in foster care for fifteen of
  the most recent twenty-two months, the agency may be required by law  to
  file  a  petition  for  termination  of respondent's parental rights and
  commitment of guardianship and custody of the child for the purposes  of
  adoption.
    (c) On the filing of a petition under this article where the child has
  not been removed from his or her home, the court shall forthwith cause a
  copy  of  the petition and a summons to be issued, clearly marked on the
  face thereof "Child Abuse Case", as applicable, requiring the parent  or
  other  person  legally responsible for the child's care or with whom the
  child is residing to appear at the court to answer the  petition  within
  seven court days. The court may also require the person thus summoned to
  produce the child at the time and place named.
    (d)  Where  the  respondent  is not the child's parent, service of the
  summons and petition shall also  be  ordered  on  both  of  the  child's
  parents;  where  only  one  of  the  child's  parents is the respondent,
  service of the summons and petition shall also be ordered on the child's
  other parent. The summons and petition shall be accompanied by a  notice
  of  pendency  of the child protective proceeding advising the parents or
  parent of the right to appear and participate in the  proceeding  as  an
  interested  party  intervenor  for  the purpose of seeking temporary and
  permanent custody of the  child,  and  to  participate  thereby  in  all
  arguments  and  hearings insofar as they affect the temporary custody of
  the  child  during  fact-finding  proceedings,  and  in  all  phases  of
  dispositional proceedings. The notice shall also indicate that:
    (i)  upon good cause, the court may order an investigation pursuant to
  section one thousand thirty-four of this part  to  determine  whether  a
  petition should be filed naming such parent or parents as respondents;
    (ii)  if  the court determines that the child must be removed from his
  or her home, the court may order an investigation to  determine  whether
  the  non-respondent  parent  or parents would be suitable custodians for
  the child; and
    (iii) if the child is placed and remains in foster care for fifteen of
  the most recent twenty-two months, the agency may be required by law  to
  file  a petition for termination of the parental rights of the parent or
  parents and commitment of guardianship and custody of the child for  the
  purposes  of adoption, even if the parent or parents were not named as a
  respondent or as respondents in the child abuse or neglect proceeding.
    (e) The summons, petition and notice of pendency of a child protective
  proceeding served on the child's non-custodial parent in accordance with

subdivision (d) of this section shall, if applicable, be served together with a notice that the child was removed from his or her home by a social services official. Such notice shall also include the name and address of the official to whom temporary custody of the child has been transferred, the name and address of the agency or official with whom the child has been temporarily placed, if different, and shall advise such parent of the right to request temporary and permanent custody and to seek enforcement of visitation rights with the child as provided for in part eight of this article. (f) The child's adult sibling, grandparent, aunt or uncle not named as respondent in the petition, may, upon consent of the child's parent appearing in the proceeding, or where such parent has not appeared then without such consent, move to intervene in the proceeding as an interested party intervenor for the purpose of seeking temporary or permanent custody of the child, and upon the granting of such motion shall be permitted to participate in all arguments and hearings insofar as they affect the temporary custody of the child during fact-finding proceedings, and in all phases of dispositional proceedings. Such motions for intervention shall be liberally granted.

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