2006 New York Code - Disposition On Adjudication.

 
    §  1052.  Disposition  on  adjudication.  (a)  At  the conclusion of a
  dispositional hearing under this article, the court shall enter an order
  of disposition; (i) suspending  judgment  in  accord  with  section  one
  thousand fifty-three; or
    (ii) releasing the child to the custody of his parents or other person
  legally responsible in accord with section one thousand fifty-four; or
    (iii)   placing   the  child  in  accord  with  section  one  thousand
  fifty-five; or
    (iv) making an  order  of  protection  in  accord  with  one  thousand
  fifty-six; or
    (v)  placing  the  respondent under supervision in accord with section
  one thousand fifty-seven.
    (b) (i) The order of  the  court  shall  state  the  grounds  for  any
  disposition  made  under  this section. If the court places the child in
  accord with section one thousand fifty-five of this part, the  court  in
  its order shall determine:
    (A)  whether continuation in the child's home would be contrary to the
  best interests of the  child  and  where  appropriate,  that  reasonable
  efforts  were  made  prior to the date of the dispositional hearing held
  pursuant to this article to prevent or eliminate the need for removal of
  the child from his or her home and if the child  was  removed  from  the
  home  prior  to  the  date of such hearing, that such removal was in the
  child's best interests and, where appropriate, 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, the  court
  order  shall  include  such a finding, or if the permanency plan for the
  child  is  adoption,  guardianship  or  some  other   permanent   living
  arrangement  other  than reunification with the parent or parents of the
  child, the court order shall include a finding that  reasonable  efforts
  are being made to make and finalize such alternate permanent placement.
    For  the  purpose  of  this  section, reasonable efforts to prevent or
  eliminate the need for removing the child from the home of the child  or
  to  make  it  possible for the child to return safely to the home of the
  child shall not be required where, upon motion with notice by the social
  services official, the court determines that:
    (1) the parent of such child has subjected  the  child  to  aggravated
  circumstances,  as  defined  in  subdivision (j) of section one thousand
  twelve 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  child 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 child or another child of the parent;
    (5)  the  parent  of  such  child  has  been  convicted  in  any other
  jurisdiction of an offense which includes all of the essential  elements
  of   any   crime  specified  in  clause  two,  three  or  four  of  this
  subparagraph, and the victim of such offense was the  child  or  another
  child of the parent; or
    (6)  the parental rights of the parent to a sibling of such child 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 to be required
  because  of  one  of  the  grounds set forth above, a permanency hearing
  shall be held within thirty days of the finding of the court  that  such
  efforts  are  not  required.  At the permanency hearing, the court shall
  determine the appropriateness of the permanency  plan  prepared  by  the
  social  services official which shall include whether or when the child:
  (i) will be returned to the parent; (ii) should be placed  for  adoption
  with  the  social services official 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
  social services official has documented to the court a compelling reason
  for  determining  that it would not be in the best interest of the child
  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. The social  services  official  shall  thereafter
  make  reasonable  efforts  to  place the child in a timely manner and to
  complete  whatever  steps  are  necessary  to  finalize  the   permanent
  placement  of  the child 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.
    For  the  purpose of this section, in determining reasonable effort to
  be made with respect to a child, and in making such reasonable  efforts,
  the child's health and safety shall be the paramount concern.
    For   the   purpose  of  this  section,  a  sibling  shall  include  a
  half-sibling;
    (B) if the child 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.  Where the court finds that the local department of
  social services has not made reasonable efforts to prevent or  eliminate
  the  need  for placement, and that such efforts would be appropriate, it
  shall direct the local  department  of  social  services  to  make  such
  efforts  pursuant to section one thousand fifteen-a of this article, and
  shall adjourn the hearing for a  reasonable  period  of  time  for  such
  purpose  when the court determines that additional time is necessary and
  appropriate to make such efforts; and
    (C) whether the local  social  services  district  made  a  reasonable
  search  to locate relatives of the child as required pursuant to section
  one thousand seventeen of this article. In  making  such  determination,


  the  court  shall  consider  whether  the local social services district
  engaged in a search to locate any non-respondent parent and whether  the
  local  social  services  district attempted to locate all of the child's
  grandparents, all suitable relatives identified by any respondent parent
  and  any  non-respondent  parent and all relatives identified by a child
  over the age of five as relatives who play or have played a  significant
  positive role in the child's life.
    (ii)  The court shall also consider and determine whether the need for
  placement of the child would be eliminated by the issuance of  an  order
  of  protection,  as provided for in paragraph (iv) of subdivision (a) of
  this section, directing the removal of a  person  or  persons  from  the
  child's  residence. Such determination shall consider the occurrence, if
  any, of domestic violence in the child's residence.
    (c) Prior to granting an order of disposition pursuant to  subdivision
  (a) of this section following an adjudication of child abuse, as defined
  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
  this act or a finding of a felony sex offense  as  defined  in  sections
  130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65 and 130.70 of the
  penal  law,  the  court  shall advise the respondent that any subsequent
  adjudication of child abuse, as defined in paragraph (i) of  subdivision
  (e) of section one thousand twelve of this act or any subsequent finding
  of  a  felony  sex offense as defined in those sections of the penal law
  herein enumerated, arising out of acts of the respondent may  result  in
  the  commitment  of the guardianship and custody of the child or another
  child pursuant to section three  hundred  eighty-four-b  of  the  social
  services law. The order in such cases shall contain a statement that any
  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
  offense as  described  herein  may  result  in  the  commitment  of  the
  guardianship  and  custody  of  the  child, or another child pursuant to
  section three hundred eighty-four-b of the social services law.