2006 New York Code - Permanency Hearings.

 
    §   1089.   Permanency  hearings.  (a)  Scheduling,  commencement  and
  completion of permanency hearings. (1) Children freed for  adoption.  At
  the conclusion of the dispositional hearing at which the child was freed
  for   adoption  in  a  proceeding  pursuant  to  section  three  hundred
  eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
  of the social services law, the court shall set a date certain  for  the
  initial  freed  child permanency hearing and advise all parties in court
  of  the  date  set,  except  for  the  respondent  or  respondents.  The
  permanency  hearing  shall  be commenced no later than thirty days after
  the hearing at which the child was freed and shall be  completed  within
  thirty  days, unless the court determines to hold the permanency hearing
  immediately upon completion of the hearing at which the child was freed,
  provided adequate notice has been given.
    (2) All other permanency hearings. At the conclusion  of  the  hearing
  pursuant to section one thousand twenty-two or one thousand twenty-seven
  of  this  act at which the child was remanded or placed, the court shall
  set a date certain for an initial  permanency  hearing  and  advise  all
  parties  in  court of the date set. The initial permanency hearing shall
  be commenced no later than six months from the date which is sixty  days
  after  the child was removed from his or her home and shall be completed
  within thirty days of commencement.
    (3) Subsequent permanency hearings for a child who remains  in  foster
  care  or  who is freed for adoption shall be commenced no later than six
  months from the completion of the previous permanency hearing and  shall
  be completed within thirty days of commencement.
    (b)  Notice  of  permanency  hearings. (1) No later than fourteen days
  before the date certain for a permanency hearing scheduled  pursuant  to
  this  section, the local social services district shall serve the notice
  of the permanency hearing and the permanency hearing report  by  regular
  mail upon:
    (i)  the  child's  parent  including any non-respondent parent and any
  other person legally responsible for the child's care at the most recent
  address known to the local social services district or agency,  and  the
  foster  parent  in  whose home the child currently resides, each of whom
  shall be a party to the proceeding; and
    (ii) the agency supervising the care of the child  on  behalf  of  the
  social services district with whom the child was placed, the child's law
  guardian, and the attorney for the respondent parent.
    (2)  The  notice  and  the  permanency  hearing  report  shall also be
  provided to any pre-adoptive parent or relative providing care  for  the
  child.  The notice of the permanency hearing only shall be provided to a
  former foster parent in whose home the child previously had resided  for
  a  continuous  period of twelve months in foster care, if any. Provided,
  however, that such  pre-adoptive  parent,  relative,  or  former  foster
  parent,  on  the  basis  of such notice, shall have an opportunity to be
  heard but shall not be a party to the permanency hearing. The failure of
  such pre-adoptive parent, relative or former foster parent to appear  at
  a  permanency hearing shall constitute a waiver of the opportunity to be
  heard. Such failure to appear shall not cause a delay of the  permanency
  hearing  nor be a ground for the invalidation of any order issued by the
  court pursuant to this section.
    (c) Content of the permanency hearing report. The  permanency  hearing
  report  shall  include,  but  need  not  be  limited  to, up-to-date and
  accurate information regarding:
    (1) the child's current permanency goal, which may be:
    (i) return to the parent or parents;
    (ii) placement for adoption with the local  social  services  official
  filing a petition for termination of parental rights;


    (iii) referral for legal guardianship;
    (iv) permanent placement with a fit and willing relative; or
    (v)  placement  in  another  planned permanent living arrangement that
  includes a significant connection to an adult who is  willing  to  be  a
  permanency  resource  for  the  child,  including  documentation  of the
  compelling reason for determining that it  would  not  be  in  the  best
  interests  of the child to be returned home, placed for adoption, placed
  with a legal guardian, or placed with a fit and willing relative;
    (2) the health, well-being, and status of the  child  since  the  last
  hearing including:
    (i) a description of the child's health and well-being;
    (ii) information regarding the child's current placement;
    (iii)  an  update  on the educational and other progress the child has
  made since the last hearing including a description of  the  steps  that
  have  been  taken  by  the  local  social services district or agency to
  enable  prompt  delivery  of  appropriate  educational  and   vocational
  services to the child, including, but not be limited to:
    (A)  where the child is subject to article sixty-five of the education
  law or elects to participate in an educational program leading to a high
  school diploma, the steps that the local  social  services  district  or
  agency  has  taken  to  promptly  enable  the child to be enrolled or to
  continue enrollment in an  appropriate  school  or  educational  program
  leading to a high school diploma;
    (B)  where  the child is eligible to be enrolled in a pre-kindergarten
  program pursuant to section thirty-six hundred two-e  of  the  education
  law,  the  steps  that  the local social services district or agency has
  taken to promptly enable the child to  be  enrolled  in  an  appropriate
  pre-kindergarten program, if available;
    (C)  where the child is under three years of age and is involved in an
  indicated case of child abuse or neglect,  or  where  the  local  social
  services  district  suspects  that  the  child  may have a disability as
  defined in subdivision five of section twenty-five hundred forty-one  of
  the public health law or if the child has been found eligible to receive
  early  intervention  or  special educational services prior to or during
  the foster care placement, in accordance with  title  two-A  of  article
  twenty-five  of  the  public  health  law  or article eighty-nine of the
  education law, the steps that the  local  social  services  district  or
  agency  has taken to make any necessary referrals of the child for early
  intervention, pre-school  special  educational  or  special  educational
  evaluations  or  services, as appropriate, and any available information
  regarding any evaluations and services which are being provided  or  are
  scheduled to be provided in accordance with applicable law; and
    (D)  where  the  child  is at least sixteen and not subject to article
  sixty-five of the education law and elects  not  to  participate  in  an
  educational program leading to a high school diploma, the steps that the
  local  social  services district has taken to assist the child to become
  gainfully employed or enrolled in a vocational program;
    (iv) a description of the visitation  plan  or  plans  describing  the
  persons  with  whom  the  child  visits, including any siblings, and the
  frequency, duration and quality of the visits;
    (v) where a child has attained the age of fourteen, a  description  of
  the  services and assistance that are being provided to enable the child
  to learn independent living skills; and
    (vi) a description of any other services being provided to the child;
    (3) the status of the parent, including:
    (i) the services that have been offered to the parent  to  enable  the
  child to safely return home;
    (ii) the steps the parent has taken to use the services;


    (iii) any barriers encountered to the delivery of such services;
    (iv) the progress the parent has made toward reunification; and
    (v)  a  description  of any other steps the parent has taken to comply
  with and achieve the permanency plan, if applicable.
    (4) a description of the reasonable efforts  to  achieve  the  child's
  permanency  plan  that  have  been  taken  by  the local social services
  district or  agency  since  the  last  hearing.  The  description  shall
  include:
    (i)  unless  the  child  is  freed  for  adoption  or there has been a
  determination by a court that such efforts are not required pursuant  to
  section  one  thousand thirty-nine-b of this act, the reasonable efforts
  that have been made by the local social services district or  agency  to
  eliminate the need for placement of the child and to enable the child to
  safely  return  home,  including a description of any services that have
  been provided;
    (ii) where the permanency plan is  adoption,  guardianship,  placement
  with  a  fit  and  willing  relative or another planned permanent living
  arrangement other than return to parent,  the  reasonable  efforts  that
  have  been  made by the local social services district or agency to make
  and finalize such alternate permanent placement, including a description
  of any services that have been provided;
    (iii) where return home of the child is  not  likely,  the  reasonable
  efforts  that  have  been  made by the local social services district or
  agency to evaluate and plan for another permanent  plan  and  any  steps
  taken  to  further  a  permanent  plan  other than return to the child's
  parent; or
    (iv) where a child has been freed for adoption, a description  of  the
  reasonable  efforts that will be taken to facilitate the adoption of the
  child; and
    (5) the recommended permanency plan including:
    (i) a recommendation regarding whether the child's current  permanency
  goal  should  be  continued  or  modified, the reasons therefor, and the
  anticipated date for meeting the goal;
    (ii) a recommendation regarding whether the child's  placement  should
  be extended and the reasons for the recommendation;
    (iii)  any  proposed  changes  in the child's current placement, trial
  discharge or  discharge  that  may  occur  before  the  next  permanency
  hearing;
    (iv) a description of the steps that will be taken by the local social
  services  district  or  agency  to continue to enable prompt delivery of
  appropriate educational and vocational services to the child in  his  or
  her  current  placement  and  during any potential change in the child's
  foster care placement, during any trial discharge, and  after  discharge
  of  the  child  in  accordance  with the plans for the child's placement
  until the next permanency hearing;
    (v) whether any modification  to  the  visitation  plan  or  plans  is
  recommended and the reasons therefor;
    (vi) where a child has attained the age of fourteen or will attain the
  age of fourteen before the next permanency hearing, a description of the
  services  and  assistance  that  will be provided to enable the child to
  learn independent living skills;
    (vii) where a child has been placed outside this  state,  whether  the
  out-of-state placement continues to be appropriate, necessary and in the
  best interests of the child;
    (viii)  where return home of the child is not likely, the efforts that
  will be made to evaluate or plan for another permanent plan; and
    (ix) in the case of a child who has been freed for adoption:


    (A) a description of services and assistance that will be provided  to
  the  child  and the prospective adoptive parent to expedite the adoption
  of the child;
    (B) information regarding the child's eligibility for adoption subsidy
  pursuant to title nine of article six of the social services law; and
    (C) if the child is over age fourteen and has voluntarily withheld his
  or her consent to an adoption, the facts and circumstances regarding the
  child's decision to withhold consent and the reasons therefor.
    (d)  Court  findings  and  order. At the conclusion of each permanency
  hearing, the court shall, upon the proof adduced, in accordance with the
  best interests and safety of the  child,  including  whether  the  child
  would  be at risk of abuse or neglect if returned to the parent or other
  person legally responsible, determine and issue its findings, and  enter
  an order of disposition in writing:
    (1)  directing  that  the placement of the child be terminated and the
  child returned to the parent or other person legally responsible for the
  child's care with such further orders as the court deems appropriate; or
    (2) where the child is not returned to  the  parent  or  other  person
  legally responsible:
    (i)  whether  the  permanency goal for the child should be approved or
  modified and the anticipated date for achieving the goal. The permanency
  goal may be determined to be:
    (A) return to parent;
    (B) placement for adoption with the  local  social  services  official
  filing a petition for termination of parental rights;
    (C) referral for legal guardianship;
    (D) permanent placement with a fit and willing relative; or
    (E)  placement  in  another  planned permanent living arrangement that
  includes a significant connection to an adult willing to be a permanency
  resource for the  child  if  the  local  social  services  official  has
  documented  to  the  court  a  compelling reason for determining that it
  would not be in the best interests 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;
    (ii) placing the child in the custody of a fit and willing relative or
  other suitable person, or continuing the placement of  the  child  until
  the  completion  of the next permanency hearing, provided, however, that
  no placement may be continued under  this  section  beyond  the  child's
  eighteenth  birthday without his or her consent and in no event past the
  child's twenty-first birthday;
    (iii)  determining  whether  reasonable  efforts  have  been  made  to
  effectuate the child's permanency plan as follows:
    (A)  unless  the  child  is  freed  for  adoption  or there has been a
  determination by a court that such efforts are not required pursuant  to
  section  one  thousand  thirty-nine-b  of  this  act, whether reasonable
  efforts have been made to eliminate the need for placement of the  child
  and to enable the child to safely return home;
    (B)  where  the  permanency  plan is adoption, guardianship, placement
  with a fit and willing relative  or  another  planned  permanent  living
  arrangement other than return to parent, whether reasonable efforts have
  been made to make and finalize such alternate permanent placement;
    (iv) where return home of the child is not likely, what efforts should
  be made to evaluate or plan for another permanent plan;
    (v) the steps that must be taken by the local social services official
  or agency to implement the educational and vocational program components
  of  the  permanency hearing report submitted pursuant to subdivision (c)
  of this section, and any modifications that should be made to such plan;


    (vi) specifying the date certain for  the  next  scheduled  permanency
  hearing;
    (vii)  where placement of the child is extended, such order shall also
  include:
    (A) a description of the visitation plan or plans;
    (B) where the child is not freed for adoption, a  direction  that  the
  child's  parent or parents, including any non-respondent parent or other
  person legally responsible for the child's care shall be notified of the
  planning conference or conferences to be held  pursuant  to  subdivision
  three  of  section  four  hundred  nine-e of the social services law and
  notification of their right to attend such conference or conferences and
  their right to have counsel or another representative with them;
    (C) where the child is not freed for adoption, a  direction  that  the
  parent or other person legally responsible for the child's care keep the
  local  social services district or agency apprised of his or her current
  whereabouts and a current mailing address;
    (D) where the child is not freed for adoption, a notice  that  if  the
  child  remains  in foster care for fifteen of the most recent twenty-two
  months, the local social services district or agency may be required  by
  law to file a petition to terminate parental rights;
    (E) where a child has been freed for adoption and is over age fourteen
  and  has  voluntarily  withheld  his  or her consent to an adoption, the
  facts and circumstances with regard to the child's decision to  withhold
  consent and the reasons therefor;
    (F)  where  a child has been placed outside of this state, whether the
  out-of-state placement continues to be appropriate, necessary and in the
  best interests of the child;
    (G) where a child has or will before the next permanency hearing reach
  the age of fourteen, the services and assistance necessary to assist the
  child in learning independent living skills; and
    (viii) any other findings or orders that the court deems  appropriate,
  which may include:
    (A)  Whether  the  court  should  issue any orders for services in the
  manner specified in section one thousand fifteen-a of this act in  order
  to  achieve  the  permanency  plan  and,  if so, what services should be
  ordered.
    (B) Where a child has been freed for adoption, the order may also:
    (I) direct that such child be placed for adoption in the foster family
  home where he or she resides or has resided or with any  other  suitable
  person or persons;
    (II)  direct the local social services district to provide services or
  assistance to the child and the prospective adoptive  parent  authorized
  or  required  to  be made available pursuant to the comprehensive annual
  services program plan then in effect. Such order  shall  include,  where
  appropriate, the evaluation of eligibility for adoption subsidy pursuant
  to  title  nine of article six of the social services law, but shall not
  require the provision of such subsidy. Violation of such an order  shall
  be  subject  to punishment pursuant to section seven hundred fifty-three
  of the judiciary law; and
    (III) recommend that  the  office  of  children  and  family  services
  investigate  the  facts  and  circumstances  concerning the discharge of
  responsibilities for the care and welfare  of  such  child  by  a  local
  social  services  district pursuant to section three hundred ninety-five
  of the social services law.
    (C)  Where  the  permanency  goal  is  return  to  parent  and  it  is
  anticipated  that  the  child  may  be  returned  home  before  the next
  scheduled permanency hearing, the court may  provide  the  local  social
  services  district  with  authority to discharge the child to the parent


  without further court hearing, provided  that  ten  days  prior  written
  notice is served upon the court and law guardian.
    (D)  The court may make an order of protection in the manner specified
  by section one thousand fifty-six of this act  in  assistance  or  as  a
  condition  of  any  other  order  made  under this section. The order of
  protection may  set  forth  reasonable  conditions  of  behavior  to  be
  observed for a specified period of time by a person before the court.
    (E) Where the court finds reasonable cause to believe that grounds for
  termination  of  parental  rights  exist, the court may direct the local
  social services district or other agency to institute  a  proceeding  to
  legally  free  the  child for adoption pursuant to section three hundred
  eighty-four-b of the social services law. Upon a failure by such  agency
  to  institute  such  proceeding  within  ninety days after entry of such
  order, the court shall permit the foster parent or parents in whose home
  the child resides to institute such a proceeding unless the local social
  services district or other agency, for good cause  shown  and  upon  due
  notice to all the parties to the proceeding, has obtained a modification
  or  extension of such order, or unless the court has reasonable cause to
  believe that such foster parent or parents would not obtain approval  of
  their petition to adopt the child in a subsequent adoption proceeding.
    (F)  The  court  may  make  an order directing a local social services
  district or agency  to  undertake  diligent  efforts  to  encourage  and
  strengthen the parental relationship when it finds such efforts will not
  be  detrimental to the best interests of the child and there has been no
  prior court finding that such efforts are  not  required.  Such  efforts
  shall  include encouraging and facilitating visitation with the child by
  the parent or other person legally responsible  for  the  child's  care.
  Such  order  may  include a specific plan of action for the local social
  services district or agency including, but not limited to,  requirements
  that  such  agency assist the parent or other person legally responsible
  for  the  child's  care  in  obtaining  adequate  housing,   employment,
  counseling, medical care or psychiatric treatment. Such order shall also
  include  encouraging  and  facilitating visitation with the child by the
  noncustodial parent and grandparents who have the  right  to  visitation
  pursuant to section one thousand eighty-one of this act, and may include
  encouraging  and  facilitating  visitation with the child by the child's
  siblings. Nothing in this subdivision  shall  be  deemed  to  limit  the
  authority  of the court to make an order pursuant to section two hundred
  fifty-five of this act.
    (G) Except as provided for herein, in any  order  issued  pursuant  to
  this  section,  the court may require the local social services district
  or agency to make progress reports to the court, the  parties,  and  the
  child's law guardian on the implementation of such order.
    (H)  Where  a  child  freed  for  adoption  has  not  been placed in a
  prospective adoptive  home  and  the  court  has  entered  an  order  of
  disposition directing that the child be placed for adoption or directing
  the  provision  of  services  or  assistance to the child and the agency
  charged with the guardianship and custody of the child fails,  prior  to
  the  next  scheduled  permanency hearing, to comply with such order, the
  court at the time of such hearing may, in  the  best  interests  of  the
  child,  enter  an  order  committing the guardianship and custody of the
  child  to  another  authorized  agency  or  may  make  any  other  order
  authorized pursuant to section two hundred fifty-five of this act.
    (e)  Service  of  court order and permanency hearing report. A copy of
  the court order which includes the date certain for the next  permanency
  hearing  and  the  permanency  hearing  report as approved, adjusted, or
  modified by the court, shall be given to  the  parent  or  other  person
  legally responsible for the child.