Bill Text: NY A02601 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to permanency planning in juvenile deliquency and persons in need of supervision proceedings.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2014-01-22 - REFERRED TO CHILDREN AND FAMILIES [A02601 Detail]
Download: New_York-2013-A02601-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2601
2013-2014 Regular Sessions
I N A S S E M B L Y
January 16, 2013
___________
Introduced by M. of A. PAULIN, CASTRO, ROBINSON, COOK, GALEF, GIBSON,
GUNTHER, JAFFEE, MILLMAN, SCARBOROUGH, ZEBROWSKI -- Multi-Sponsored by
-- M. of A. GOTTFRIED, WEISENBERG -- (at request of the Office of
Court Administration) -- read once and referred to the Committee on
Children and Families
AN ACT to amend the family court act, in relation to permanency planning
in juvenile delinquency and persons in need of supervision proceedings
in family court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 312.1 of the family court act is amended by adding
2 a new subdivision 4 to read as follows:
3 4. UPON THE FILING OF A PETITION UNDER THIS ARTICLE, THE PRESENTMENT
4 AGENCY SHALL NOTIFY ANY NON-CUSTODIAL PARENTS OF THE RESPONDENT WHO HAD
5 NOT BEEN ISSUED A SUMMONS IN ACCORDANCE WITH SUBDIVISION ONE OF THIS
6 SECTION, PROVIDED THAT THE ADDRESSES OF ANY SUCH PARENTS HAVE BEEN
7 PROVIDED. THE PROBATION DEPARTMENT AND PRESENTMENT AGENCY SHALL ASK THE
8 CUSTODIAL PARENT OR PERSON LEGALLY RESPONSIBLE FOR INFORMATION REGARDING
9 ANY OTHER PARENT OR PARENTS OF THE RESPONDENT. THE NOTICE SHALL INFORM
10 THE PARENT OR PARENTS OF THE RIGHT TO APPEAR AND PARTICIPATE IN THE
11 PROCEEDING AND TO SEEK TEMPORARY RELEASE OR, UPON DISPOSITION, DIRECT
12 PLACEMENT OF THE RESPONDENT. THE PRESENTMENT AGENCY SHALL SEND THE
13 NOTICE TO THE NON-CUSTODIAL PARENT AT LEAST FIVE DAYS BEFORE THE RETURN
14 DATE. THE FAILURE OF A PARENT ENTITLED TO NOTICE TO APPEAR SHALL NOT BE
15 CAUSE FOR DELAY OF THE RESPONDENT'S INITIAL APPEARANCE, AS DEFINED BY
16 SECTION 320.1 OF THIS ARTICLE.
17 S 2. Subdivision 2 of section 320.2 of the family court act, as
18 amended by chapter 41 of the laws of 2010, is amended to read as
19 follows:
20 2. At the initial appearance the court must appoint an attorney to
21 represent the respondent pursuant to the provisions of section two
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03049-01-3
A. 2601 2
1 hundred forty-nine OF THIS ACT if independent legal representation is
2 not available to such respondent. WHENEVER AN ATTORNEY HAS BEEN
3 APPOINTED BY THE FAMILY COURT TO REPRESENT A CHILD IN A PROCEEDING UNDER
4 THIS ARTICLE, SUCH APPOINTMENT SHALL CONTINUE WITHOUT FURTHER COURT
5 ORDER OR APPOINTMENT DURING THE PERIOD COVERED BY ANY ORDER OF DISPOSI-
6 TION ISSUED BY THE COURT, AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL,
7 OR ANY EXTENSION OR VIOLATION THEREOF, OR DURING ANY PERMANENCY HEARING,
8 OTHER POST-DISPOSITIONAL PROCEEDING OR APPEAL. ALL NOTICES AND REPORTS
9 REQUIRED BY LAW SHALL BE PROVIDED TO SUCH ATTORNEY. SUCH APPOINTMENT
10 SHALL CONTINUE UNLESS ANOTHER APPOINTMENT OF AN ATTORNEY HAS BEEN MADE
11 BY THE COURT OR UNLESS SUCH ATTORNEY MAKES APPLICATION TO THE COURT TO
12 BE RELIEVED OF HIS OR HER APPOINTMENT. UPON APPROVAL OF SUCH APPLICATION
13 TO BE RELIEVED, THE COURT SHALL IMMEDIATELY APPOINT ANOTHER ATTORNEY TO
14 WHOM ALL NOTICES AND REPORTS REQUIRED BY LAW SHALL BE PROVIDED. THE
15 ATTORNEY FOR THE RESPONDENT SHALL BE ENTITLED TO COMPENSATION PURSUANT
16 TO APPLICABLE PROVISIONS OF LAW FOR SERVICES RENDERED UP TO AND INCLUD-
17 ING DISPOSITION OF THE PETITION. THE ATTORNEY SHALL, BY SEPARATE APPLI-
18 CATION, BE ENTITLED TO COMPENSATION FOR SERVICES RENDERED AFTER THE
19 DISPOSITION OF THE PETITION. NOTHING IN THIS SECTION SHALL BE CONSTRUED
20 TO LIMIT THE AUTHORITY OF THE COURT TO REMOVE AN ATTORNEY FROM HIS OR
21 HER ASSIGNMENT.
22 S 3. Section 353.3 of the family court act is amended by adding a new
23 subdivision 4-a to read as follows:
24 4-A. (A) WHERE THE RESPONDENT IS PLACED WITH THE OFFICE OF CHILDREN
25 AND FAMILY SERVICES OR THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
26 DISTRICT PURSUANT TO SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION, THE
27 DISPOSITIONAL ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED BY REFER-
28 ENCE INTO THE ORDER SHALL INCLUDE:
29 (I) A DESCRIPTION OF THE PLAN TO FACILITATE VISITATION BETWEEN THE
30 RESPONDENT AND HIS OR HER FAMILY;
31 (II) A SERVICE PLAN, IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET
32 BEEN DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE COURT AND
33 DELIVERED TO THE PRESENTMENT AGENCY, ATTORNEY FOR THE RESPONDENT AND
34 PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
35 CARE OF THE RESPONDENT NO LATER THAN SIXTY DAYS FROM THE DATE THE DISPO-
36 SITION WAS MADE; AND
37 (III) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR
38 PERSONS LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY
39 PLANNING CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION
40 FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND
41 THE CONFERENCES, AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER REPRESEN-
42 TATIVE OR COMPANION WITH THEM.
43 (B) A COPY OF THE COURT'S ORDER AND ATTACHMENTS SHALL BE GIVEN TO THE
44 PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
45 CARE OF THE RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF
46 THE RESPONDENT REMAINS IN PLACEMENT FOR FIFTEEN OF THE MOST RECENT TWEN-
47 TY-TWO MONTHS, THE AGENCY WITH WHICH THE CHILD IS PLACED MAY BE REQUIRED
48 BY LAW TO FILE A PETITION TO TERMINATE THE PARENTAL RIGHTS OF THE PARENT
49 OR PARENTS OF THE RESPONDENT.
50 S 4. Paragraphs (a), (b) and (c) of subdivision 7 of section 353.3 of
51 the family court act, as amended by section 6 of part G of chapter 58 of
52 the laws of 2010, are amended to read as follows:
53 (a) Where the respondent is placed pursuant to subdivision two [or],
54 three OR FOUR of this section and where the agency is not seeking an
55 extension of the placement pursuant to section 355.3 of this part, such
A. 2601 3
1 report shall be submitted not later than thirty days prior to the
2 conclusion of the placement.
3 (b) Where the respondent is placed pursuant to subdivision two [or],
4 three OR FOUR of this section and where the agency is seeking an exten-
5 sion of the placement pursuant to section 355.3 of this part and a
6 permanency hearing pursuant to section 355.5 of this part, such report
7 shall be submitted not later than sixty days prior to the date on which
8 the permanency hearing must be held and shall be annexed to the petition
9 for a permanency hearing and extension of placement.
10 (c) Where the respondent is placed pursuant to subdivision two [or],
11 three OR FOUR of this section, such report shall contain a plan for the
12 release, or conditional release (pursuant to section five hundred ten-a
13 of the executive law), of the respondent to the custody of his or her
14 parent or other person legally responsible, to independent living or to
15 another permanency alternative as provided in paragraph (d) of subdivi-
16 sion seven of section 355.5 of this part. FOR PURPOSES OF THIS PARA-
17 GRAPH, "PLACEMENT AGENCY" SHALL REFER TO THE OFFICE OF CHILDREN AND
18 FAMILY SERVICES, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT
19 OR THE AUTHORIZED AGENCY UNDER CONTRACT WITH THE OFFICE OF CHILDREN AND
20 FAMILY SERVICES OR COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT
21 WITH WHOM THE RESPONDENT HAS BEEN PLACED. THE RELEASE OR CONDITIONAL
22 RELEASE PLAN SHALL PROVIDE AS FOLLOWS:
23 (I) If the respondent is subject to article sixty-five of the educa-
24 tion law or elects to participate in an educational program leading to a
25 high school diploma, such plan shall include, but not be limited to, the
26 steps that the agency with which the respondent is placed has taken and
27 will be taking IN CONJUNCTION WITH THE LOCAL EDUCATION AGENCY to [facil-
28 itate] ENSURE the IMMEDIATE enrollment of the respondent in [a] AN
29 APPROPRIATE school or educational program leading to a high school
30 diploma [following] WITHIN FIVE DAYS OF release, or, if such release
31 occurs during the summer recess, IMMEDIATELY upon the commencement of
32 the next school term. THE PLACEMENT AGENCY SHALL ASCERTAIN THE SCHOOL
33 CALENDAR FROM THE SCHOOL DISTRICT AND SHALL, TO THE EXTENT POSSIBLE,
34 WORK WITH THE SCHOOL DISTRICT SO THAT THE TIMING OF RESPONDENT'S RELEASE
35 FROM THE PROGRAM AND ENROLLMENT IN SCHOOL ARE MINIMALLY DISRUPTIVE FOR
36 THE RESPONDENT AND FURTHER HIS OR HER BEST INTERESTS. NOT LESS THAN
37 FOURTEEN DAYS PRIOR TO THE RESPONDENT'S RELEASE, THE PLACEMENT AGENCY
38 SHALL NOTIFY THE SCHOOL DISTRICT WHERE THE RESPONDENT WILL BE ATTENDING
39 SCHOOL AND TRANSFER ALL NECESSARY RECORDS, INCLUDING, BUT NOT LIMITED
40 TO, THE RESPONDENT'S COURSE OF STUDY, CREDITS EARNED AND ACADEMIC
41 RECORD.
42 (II) IF THE PLACEMENT AGENCY HAS REASON TO BELIEVE THAT THE RESPONDENT
43 MAY HAVE A DISABILITY OR IF THE RESPONDENT HAD BEEN FOUND ELIGIBLE TO
44 RECEIVE SPECIAL EDUCATION SERVICES PRIOR TO OR DURING THE PLACEMENT, IN
45 ACCORDANCE WITH ARTICLE EIGHTY-NINE OF THE EDUCATION LAW, SUCH PLAN
46 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE STEPS THAT THE PLACEMENT AGEN-
47 CY HAS TAKEN AND WILL BE TAKING TO ENSURE THAT THE LOCAL EDUCATION AGEN-
48 CY MAKES ANY NECESSARY REFERRALS OR ARRANGES FOR SPECIAL EDUCATIONAL
49 EVALUATIONS OR SERVICES, AS APPROPRIATE, AND PROVIDES NECESSARY RECORDS
50 IMMEDIATELY IN ACCORDANCE WITH STATE AND FEDERAL LAW.
51 (III) If the respondent is not subject to article sixty-five of the
52 education law and does not elect to participate in an educational
53 program leading to a high school diploma, such plan shall include, but
54 not be limited to, the steps that the agency with which the respondent
55 is placed has taken and will be taking to assist the respondent to
A. 2601 4
1 become gainfully employed or enrolled in a vocational program following
2 release.
3 S 5. The opening paragraph of subdivision 2, the opening paragraph of
4 subdivision 3, subdivision 5, subdivision 6 and paragraphs (b) and (d)
5 of subdivision 7 of section 355.5 of the family court act, the opening
6 paragraph of subdivision 2 and the opening paragraph of subdivision 3 as
7 amended by chapter 145 of the laws of 2000, subdivision 5 and paragraph
8 (b) of subdivision 7 as added by chapter 7 of the laws of 1999, subdivi-
9 sion 6 as amended by section 1 of part B of chapter 327 of the laws of
10 2007, and paragraph (d) of subdivision 7 as amended by chapter 181 of
11 the laws of 2000, are amended and a new subdivision 10 is added to read
12 as follows:
13 Where a respondent is placed with a commissioner of social services or
14 the office of children and family services pursuant to SUBDIVISION TWO,
15 THREE OR FOUR OF section 353.3 of this [article] PART for a period of
16 twelve or fewer months and resides in a foster home or IN A non-secure
17 OR LIMITED SECURE facility[;]:
18 Where a respondent is placed with a commissioner of social services or
19 the office of children and family services pursuant to SUBDIVISION TWO,
20 THREE OR FOUR OF section 353.3 of this [article] PART for a period in
21 excess of twelve months and resides in a foster home or in a non-secure
22 OR LIMITED SECURE facility[;]:
23 5. A petition for an initial or subsequent permanency hearing shall be
24 filed by the office of children and family services or by the commis-
25 sioner of social services with whom the respondent was placed. Such
26 petition shall be filed no later than sixty days prior to the end of the
27 month in which an initial or subsequent permanency hearing must be held,
28 as directed in subdivision two of this section. THE PETITION SHALL BE
29 ACCOMPANIED BY A PERMANENCY REPORT THAT CONFORMS TO THE REQUIREMENTS OF
30 SUBDIVISION (C) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT.
31 6. THE RESPONDENT AND HIS OR HER ATTORNEY SHALL BE NOTIFIED OF THE
32 HEARING AND OF THE RESPONDENT'S RIGHT TO BE HEARD AND A COPY OF THE
33 PERMANENCY PETITION AND ACCOMPANYING REPORT FILED IN ACCORDANCE WITH
34 SUBDIVISION FIVE OF THIS SECTION SHALL BE SERVED ON THE RESPONDENT'S
35 ATTORNEY. The foster parent caring for the respondent or any pre-adop-
36 tive parent or relative providing care for the respondent shall be
37 provided with notice of any permanency hearing held pursuant to this
38 section by the office of children and family services or the LOCAL
39 commissioner of social services with whom the respondent was placed.
40 Such foster parent, pre-adoptive parent and relative shall have the
41 right to be heard at any such hearing; provided, however, no such foster
42 parent, pre-adoptive parent or relative shall be construed to be a party
43 to the hearing solely on the basis of such notice and right to be heard.
44 The failure of the foster parent, pre-adoptive parent, or relative
45 caring for the [child] RESPONDENT to appear at a permanency hearing
46 shall constitute a waiver of the right to be heard and such failure to
47 appear shall not cause a delay of the permanency hearing nor shall such
48 failure to appear be a ground for the invalidation of any order issued
49 by the court pursuant to this section.
50 (b) in the case of a respondent who has attained the age of [sixteen]
51 FOURTEEN, the services needed, if any, to assist the respondent to make
52 the transition from foster care to independent living;
53 (d) with regard to the completion of placement ordered by the court
54 pursuant to section 353.3 or 355.3 of this [article] PART: whether and
55 when the respondent: (i) will be returned to the parent OR PARENTS; (ii)
56 should be placed for adoption with the local commissioner of social
A. 2601 5
1 services filing a petition for termination of parental rights; (iii)
2 should be referred for legal guardianship; (iv) should be placed perma-
3 nently with a fit and willing relative; or (v) should be placed in
4 another planned permanent living arrangement THAT INCLUDES A SIGNIFICANT
5 CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD
6 if the office of children and family services or the local commissioner
7 of social services has documented to the court a compelling reason for
8 determining that it would not be in the best interest of the respondent
9 to return home, be referred for termination of parental rights and
10 placed for adoption, placed with a fit and willing relative, or placed
11 with a legal guardian; and
12 10. (A) IF THE ORDER RESULTING FROM THE PERMANENCY HEARING EXTENDS THE
13 RESPONDENT'S PLACEMENT PURSUANT TO SECTION 355.3 OF THIS PART IN A
14 FOSTER HOME OR NON-SECURE OR LIMITED SECURE FACILITY OR IF THE RESPOND-
15 ENT CONTINUES IN SUCH PLACEMENT UNDER A PRIOR ORDER OF PLACEMENT OR AN
16 EXTENSION THEREOF, THE ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED
17 INTO THE ORDER BY REFERENCE SHALL INCLUDE:
18 (I) A DESCRIPTION OF THE PLAN TO FACILITATE VISITATION BETWEEN THE
19 RESPONDENT AND HIS OR HER FAMILY;
20 (II) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
21 (III) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR
22 PERSONS LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY
23 PLANNING CONFERENCES, INCLUDING THOSE HELD PURSUANT TO SUBDIVISION THREE
24 OF SECTION FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR
25 RIGHT TO ATTEND THE CONFERENCES, AND THEIR RIGHT TO HAVE COUNSEL OR
26 ANOTHER REPRESENTATIVE OR COMPANION WITH THEM.
27 (B) WHERE THE COURT DETERMINES THAT REASONABLE EFFORTS IN THE FORM OF
28 SERVICES OR ASSISTANCE TO THE RESPONDENT AND HIS OR HER FAMILY WOULD
29 FURTHER THE RESPONDENT'S NEEDS AND BEST INTERESTS AND THE NEED FOR
30 PROTECTION OF THE COMMUNITY AND WOULD MAKE IT POSSIBLE FOR THE RESPOND-
31 ENT TO SAFELY RETURN HOME OR TO MAKE THE TRANSITION TO INDEPENDENT
32 LIVING, THE COURT MAY INCLUDE IN ITS ORDER A DIRECTION FOR A LOCAL
33 SOCIAL SERVICES, MENTAL HEALTH OR PROBATION OFFICIAL OR AN OFFICIAL OF
34 THE OFFICE OF CHILDREN AND FAMILY SERVICES OR OFFICE OF METAL HEALTH, AS
35 APPLICABLE, TO PROVIDE OR ARRANGE FOR THE PROVISION OF SERVICES OR
36 ASSISTANCE TO THE RESPONDENT AND HIS OR HER FAMILY. SUCH ORDER REGARDING
37 A LOCAL SOCIAL SERVICES OFFICIAL SHALL NOT INCLUDE THE PROVISION OF ANY
38 SERVICE OR ASSISTANCE TO THE RESPONDENT AND HIS OR HER FAMILY THAT IS
39 NOT AUTHORIZED OR REQUIRED TO BE MADE AVAILABLE PURSUANT TO THE COUNTY
40 CHILD AND FAMILY SERVICES PLAN THEN IN EFFECT. IN ANY ORDER ISSUED
41 PURSUANT TO THIS SECTION, THE COURT MAY REQUIRE THE OFFICIAL TO MAKE
42 PERIODIC PROGRESS REPORTS TO THE COURT ON THE IMPLEMENTATION OF SUCH
43 ORDER. VIOLATION OF SUCH ORDER SHALL BE SUBJECT TO PUNISHMENT PURSUANT
44 TO SECTION SEVEN HUNDRED FIFTY-THREE OF THE JUDICIARY LAW.
45 (C) A COPY OF THE COURT'S ORDER AND THE ATTACHMENTS SHALL BE GIVEN TO
46 THE RESPONDENT AND HIS OR HER ATTORNEY AND TO THE RESPONDENT'S PARENT OR
47 PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE RESPOND-
48 ENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF THE RESPONDENT
49 REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO MONTHS,
50 THE AGENCY WITH WHICH THE RESPONDENT IS PLACED MAY BE REQUIRED BY LAW TO
51 FILE A PETITION TO TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR
52 PARENTS OF THE RESPONDENT.
53 S 6. Section 736 of the family court act is amended by adding a new
54 subdivision 4 to read as follows:
55 (4) IN ANY PROCEEDING UNDER THIS ARTICLE, THE COURT SHALL CAUSE A COPY
56 OF THE PETITION AND NOTICE OF THE TIME AND PLACE TO BE HEARD TO BE
A. 2601 6
1 SERVED UPON ANY NON-CUSTODIAL PARENT OF THE RESPONDENT, PROVIDED THAT
2 THE ADDRESS OF SUCH PARENT IS KNOWN TO OR IS ASCERTAINABLE BY THE COURT.
3 SERVICE SHALL BE MADE BY ORDINARY FIRST CLASS MAIL AT SUCH PARENT'S LAST
4 KNOWN RESIDENCE. THE FAILURE OF SUCH PARENT TO APPEAR SHALL NOT BE CAUSE
5 FOR DELAY OF THE PROCEEDINGS.
6 S 7. Subdivision (a) of section 741 of the family court act, as
7 amended by chapter 41 of the laws of 2010, is amended and a new subdivi-
8 sion (d) is added to read as follows:
9 (a) At the initial appearance of a respondent in a proceeding and at
10 the commencement of any hearing under this article, the respondent and
11 his or her parent or other person legally responsible for his or her
12 care shall be advised of the respondent's right to remain silent and of
13 the respondent's right to be represented by counsel chosen by him or her
14 or his or her parent or other person legally responsible for his or her
15 care, or by an attorney assigned by the court under part four of article
16 two OF THIS ACT. [Provided, however, that in] IN the event of the fail-
17 ure of the respondent's parent or other person legally responsible for
18 his or her care to appear, after reasonable and substantial effort has
19 been made to notify such parent or responsible person of the commence-
20 ment of the proceeding and such initial appearance, the court shall
21 appoint an attorney for the respondent and shall, unless inappropriate
22 also appoint a guardian ad litem for such respondent, and in such event,
23 shall inform the respondent of such rights in the presence of such
24 attorney and any guardian ad litem.
25 (D) WHENEVER AN ATTORNEY HAS BEEN APPOINTED BY THE FAMILY COURT TO
26 REPRESENT A RESPONDENT IN A PROCEEDING UNDER THIS ARTICLE PURSUANT TO
27 SUBDIVISION (A) OF THIS SECTION, SUCH APPOINTMENT SHALL CONTINUE WITHOUT
28 FURTHER COURT ORDER OR APPOINTMENT DURING AN ORDER OF DISPOSITION ISSUED
29 BY THE COURT, AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, OR ANY
30 EXTENSION OR VIOLATION THEREOF, OR ANY PERMANENCY HEARING, OTHER
31 POST-DISPOSITIONAL PROCEEDING OR APPEAL. ALL NOTICES AND REPORTS
32 REQUIRED BY LAW SHALL BE PROVIDED TO SUCH ATTORNEY. SUCH APPOINTMENT
33 SHALL CONTINUE UNLESS ANOTHER APPOINTMENT OF AN ATTORNEY HAS BEEN MADE
34 BY THE COURT OR UNLESS SUCH ATTORNEY MAKES APPLICATION TO THE COURT TO
35 BE RELIEVED OF HIS OR HER APPOINTMENT. UPON APPROVAL OF SUCH APPLICATION
36 TO BE RELIEVED, THE COURT SHALL IMMEDIATELY APPOINT ANOTHER ATTORNEY TO
37 WHOM ALL NOTICES AND REPORTS REQUIRED BY LAW SHALL BE PROVIDED. THE
38 ATTORNEY SHALL BE ENTITLED TO COMPENSATION PURSUANT TO APPLICABLE
39 PROVISIONS OF LAW FOR SERVICES RENDERED UP TO AND INCLUDING DISPOSITION
40 OF THE PETITION. THE ATTORNEY SHALL, BY SEPARATE APPLICATION, BE ENTI-
41 TLED TO COMPENSATION FOR SERVICES RENDERED AFTER THE DISPOSITION OF THE
42 PETITION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
43 AUTHORITY OF THE COURT TO REMOVE AN ATTORNEY FROM HIS OR HER ASSIGNMENT.
44 S 8. Subdivision (a) of section 756 of the family court act is amended
45 by adding two new paragraphs (iii) and (iv) to read as follows:
46 (III) THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR THE RELATIVE OR
47 SUITABLE PERSON WITH WHOM THE RESPONDENT HAS BEEN PLACED UNDER THIS
48 SECTION SHALL SUBMIT A REPORT TO THE COURT, THE ATTORNEY FOR THE
49 RESPONDENT AND THE PRESENTMENT AGENCY, IF ANY, NOT LATER THAN THIRTY
50 DAYS PRIOR TO THE CONCLUSION OF THE PLACEMENT PERIOD; PROVIDED, HOWEVER,
51 THAT WHERE THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR THE RELATIVE OR
52 SUITABLE PERSON WITH WHOM THE RESPONDENT HAS BEEN PLACED FILES A PETI-
53 TION FOR AN EXTENSION OF THE PLACEMENT AND A PERMANENCY HEARING PURSUANT
54 TO SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART, SUCH REPORT SHALL BE
55 SUBMITTED NOT LATER THAN SIXTY DAYS PRIOR TO THE DATE ON WHICH THE
56 PERMANENCY HEARING MUST BE HELD AND SHALL BE ANNEXED TO THE PETITION.
A. 2601 7
1 (IV) THE PERMANENCY HEARING REPORT SUBMITTED IN ACCORDANCE WITH PARA-
2 GRAPH (III) OF THIS SUBDIVISION SHALL CONFORM TO THE REQUIREMENTS OF
3 SUBDIVISION (C) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT AND
4 SHALL CONTAIN RECOMMENDATIONS AND SUCH SUPPORTING DATA AS IS APPROPRI-
5 ATE. THE PERMANENCY HEARING REPORT, AS WELL AS THE REPORT SUBMITTED NOT
6 LATER THAN THIRTY DAYS PRIOR TO THE CONCLUSION OF THE PLACEMENT SHALL
7 INCLUDE, BUT NOT BE LIMITED TO, A PLAN FOR THE RELEASE OF THE RESPONDENT
8 TO THE CUSTODY OF HIS OR HER PARENT OR PARENTS OR OTHER PERSON OR
9 PERSONS LEGALLY RESPONSIBLE FOR THE RESPONDENT'S CARE, OR TO ANOTHER
10 PERMANENCY ALTERNATIVE AS PROVIDED IN PARAGRAPH (IV) OF SUBDIVISION (D)
11 OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART. FOR PURPOSES OF THIS
12 PARAGRAPH, "PLACEMENT AGENCY" SHALL REFER TO THE COMMISSIONER OF SOCIAL
13 SERVICES OR AN AUTHORIZED AGENCY UNDER CONTRACT WITH THE COMMISSIONER OF
14 THE LOCAL SOCIAL SERVICES DISTRICT WITH WHOM THE RESPONDENT HAS BEEN
15 PLACED. THE RELEASE PLAN SHALL PROVIDE AS FOLLOWS:
16 (1) IF THE RESPONDENT IS SUBJECT TO ARTICLE SIXTY-FIVE OF THE EDUCA-
17 TION LAW OR ELECTS TO PARTICIPATE IN AN EDUCATIONAL PROGRAM LEADING TO A
18 HIGH SCHOOL DIPLOMA FOLLOWING RELEASE, SUCH PLAN SHALL INCLUDE, BUT NOT
19 BE LIMITED TO, THE STEPS THAT THE PLACEMENT AGENCY HAS TAKEN AND WILL BE
20 TAKING IN CONJUNCTION WITH THE LOCAL EDUCATION AGENCY TO ENSURE THE
21 IMMEDIATE ENROLLMENT OF THE RESPONDENT IN AN APPROPRIATE SCHOOL OR
22 EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA WITHIN FIVE BUSI-
23 NESS DAYS OF RELEASE OR, IF SUCH RELEASE OCCURS DURING THE SUMMER
24 RECESS, IMMEDIATELY UPON THE COMMENCEMENT OF THE NEXT SCHOOL TERM. THE
25 PLACEMENT AGENCY SHALL ASCERTAIN THE SCHOOL CALENDAR FROM THE SCHOOL
26 DISTRICT AND SHALL, TO THE EXTENT POSSIBLE, WORK WITH THE SCHOOL
27 DISTRICT SO THAT THE TIMING OF RESPONDENT'S RELEASE FROM THE PROGRAM AND
28 ENROLLMENT IN SCHOOL ARE MINIMALLY DISRUPTIVE FOR THE RESPONDENT AND
29 FURTHER HIS OR HER BEST INTERESTS. NOT LESS THAN FOURTEEN DAYS PRIOR TO
30 THE RESPONDENT'S RELEASE, THE PLACEMENT AGENCY SHALL NOTIFY THE SCHOOL
31 DISTRICT WHERE THE RESPONDENT WILL BE ATTENDING SCHOOL AND TRANSFER ALL
32 NECESSARY RECORDS, INCLUDING BUT NOT LIMITED TO, THE RESPONDENT'S COURSE
33 OF STUDY, CREDITS EARNED AND ACADEMIC RECORD.
34 (2) IF THE PLACEMENT AGENCY HAS REASON TO BELIEVE THAT THE RESPONDENT
35 MAY HAVE A DISABILITY OR IF THE RESPONDENT HAD BEEN FOUND ELIGIBLE TO
36 RECEIVE SPECIAL EDUCATION SERVICES PRIOR TO OR DURING THE PLACEMENT, IN
37 ACCORDANCE WITH ARTICLE EIGHTY-NINE OF THE EDUCATION LAW, SUCH PLAN
38 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE STEPS THAT THE PLACEMENT AGEN-
39 CY HAS TAKEN AND WILL BE TAKING TO ENSURE THAT THE LOCAL EDUCATION AGEN-
40 CY MAKES ANY NECESSARY REFERRALS OR ARRANGES FOR SPECIAL EDUCATIONAL
41 EVALUATIONS OR SERVICES, AS APPROPRIATE, AND PROVIDES NECESSARY RECORDS
42 IMMEDIATELY IN ACCORDANCE WITH STATE AND FEDERAL LAW.
43 (3) IF THE RESPONDENT IS NOT SUBJECT TO ARTICLE SIXTY-FIVE OF THE
44 EDUCATION LAW AND ELECTS NOT TO PARTICIPATE IN AN EDUCATIONAL PROGRAM
45 LEADING TO A HIGH SCHOOL DIPLOMA, SUCH PLAN SHALL INCLUDE, BUT NOT BE
46 LIMITED TO, THE STEPS THAT THE PLACEMENT AGENCY HAS TAKEN AND WILL BE
47 TAKING TO ASSIST THE RESPONDENT TO BECOME GAINFULLY EMPLOYED OR TO BE
48 ENROLLED IN A VOCATIONAL PROGRAM IMMEDIATELY UPON RELEASE.
49 S 9. Section 756 of the family court act is amended by adding a new
50 subdivision (d) to read as follows:
51 (D)(I) WHERE THE RESPONDENT IS PLACED PURSUANT TO THIS SECTION, THE
52 DISPOSITIONAL ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED BY REFER-
53 ENCE INTO THE ORDER SHALL INCLUDE:
54 (1) A DESCRIPTION OF THE VISITATION PLAN, INCLUDING ANY PLANS FOR
55 VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
A. 2601 8
1 (2) A SERVICE PLAN, IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET BEEN
2 DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE COURT AND DELIV-
3 ERED TO THE PRESENTMENT AGENCY, ATTORNEY FOR THE RESPONDENT AND PARENT
4 OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE CARE
5 OF THE RESPONDENT NO LATER THAN NINETY DAYS FROM THE DATE THE DISPOSI-
6 TION WAS MADE; AND
7 (3) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS
8 LEGALLY RESPONSIBLE FOR CARE OF THE RESPONDENT SHALL BE NOTIFIED OF ANY
9 PLANNING CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION
10 FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND
11 THE CONFERENCES, AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER REPRESEN-
12 TATIVE OR COMPANION WITH THEM.
13 (II) A COPY OF THE COURT'S ORDER AND ATTACHMENTS SHALL BE GIVEN TO THE
14 RESPONDENT AND HIS OR HER ATTORNEY AND TO THE RESPONDENT'S PARENT OR
15 PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE CARE OF
16 THE RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF THE
17 RESPONDENT REMAINS IN PLACEMENT FOR FIFTEEN OF THE MOST RECENT
18 TWENTY-TWO MONTHS, THE AGENCY WITH WHICH THE RESPONDENT IS PLACED MAY BE
19 REQUIRED BY LAW TO FILE A PETITION TO TERMINATE THE PARENTAL RIGHTS OF
20 THE PARENT OR PARENTS OF THE RESPONDENT.
21 S 10. Subdivision (a), subdivision (b) and the opening paragraph and
22 paragraphs (ii), (iii) and (iv) of subdivision (d) of section 756-a of
23 the family court act, subdivision (a) as amended by chapter 309 of the
24 laws of 1996, subdivision (b) and the opening paragraph and paragraphs
25 (ii), (iii) and (iv) of subdivision (d) as amended by section 4 of part
26 B of chapter 327 of the laws of 2007, are amended and a new paragraph
27 (v) is added to subdivision (d) to read as follows:
28 (a) In any case in which the [child] RESPONDENT has been placed pursu-
29 ant to section seven hundred fifty-six OF THIS PART, the [child]
30 RESPONDENT, the person with whom the [child] RESPONDENT has been placed
31 or the LOCAL commissioner of social services may petition the court to
32 extend such placement. Such petition shall be filed at least sixty days
33 prior to the expiration of the period of placement, except for good
34 cause shown, but in no event shall such petition be filed after the
35 original expiration date. THE PETITION SHALL BE ACCOMPANIED BY A
36 PERMANENCY REPORT THAT CONFORMS TO THE REQUIREMENTS OF PARAGRAPH (III)
37 OF SUBDIVISION (A) OF SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART.
38 (b) The court shall conduct a permanency hearing concerning the need
39 for continuing the placement. The [child] RESPONDENT, the person with
40 whom the [child] RESPONDENT has been placed and the LOCAL commissioner
41 of social services shall be notified of such hearing and shall have the
42 right to be heard thereat. A COPY OF THE PETITION AND ACCOMPANYING
43 PERMANENCY REPORT SHALL BE SERVED ON THE RESPONDENT'S ATTORNEY.
44 At the conclusion of the permanency hearing the court may, in its
45 discretion, order an extension of the placement for not more than one
46 year, WHICH MAY INCLUDE A PERIOD OF POST-RELEASE SUPERVISION AND AFTER-
47 CARE, OR MAY DIRECT THAT THE RESPONDENT BE PLACED ON PROBATION FOR NOT
48 MORE THAN ONE YEAR, PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SEVEN OF
49 THIS PART, OR MAY ORDER THAT THE PETITION FOR AN EXTENSION OF PLACEMENT
50 BE DISMISSED. The court must consider and determine in its order:
51 (ii) in the case of a [child] RESPONDENT who has attained the age of
52 [sixteen] FOURTEEN, the services needed, if any, to assist the [child]
53 RESPONDENT to make the transition from foster care to independent
54 living;
A. 2601 9
1 (iii) in the case of a [child] RESPONDENT placed outside New York
2 state, whether the out-of-state placement continues to be appropriate
3 and in the best interests of the [child] RESPONDENT; [and]
4 (iv) whether and when the [child] RESPONDENT: (A) will be returned to
5 the parent; (B) should be placed for adoption with the social services
6 official filing a petition for termination of parental rights; (C)
7 should be referred for legal guardianship; (D) should be placed perma-
8 nently with a fit and willing relative; or (E) should be placed in
9 another planned permanent living arrangement THAT INCLUDES A SIGNIFICANT
10 CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE
11 RESPONDENT if the social services official has documented to the court a
12 compelling reason for determining that it would not be in the best
13 interest of the [child] RESPONDENT to return home, be referred for
14 termination of parental rights and placed for adoption, placed with a
15 fit and willing relative, or placed with a legal guardian; and where the
16 [child] RESPONDENT will not be returned home, consideration of appropri-
17 ate in-state and out-of-state placements[.]; AND
18 (V) WITH REGARD TO THE PLACEMENT OR EXTENSION OF PLACEMENT ORDERED BY
19 THE COURT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART, THE
20 STEPS THAT MUST BE TAKEN BY THE AGENCY WITH WHICH THE RESPONDENT IS
21 PLACED TO IMPLEMENT THE PLAN FOR RELEASE SUBMITTED PURSUANT TO PARA-
22 GRAPHS (III) AND (IV) OF SUBDIVISION (A) OF SUCH SECTION, THE ADEQUACY
23 OF SUCH PLAN AND ANY MODIFICATIONS THAT SHOULD BE MADE TO SUCH PLAN.
24 S 11. Subdivisions (e) and (f) of section 756-a of the family court
25 act are relettered subdivisions (f) and (g) and a new subdivision (e) is
26 added to read as follows:
27 (E)(I) IF THE ORDER FROM THE PERMANENCY HEARING EXTENDS THE RESPOND-
28 ENT'S PLACEMENT OR IF THE RESPONDENT CONTINUES IN PLACEMENT UNDER A
29 PRIOR ORDER, THE ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED INTO
30 THE ORDER BY REFERENCE SHALL INCLUDE:
31 (1) A DESCRIPTION OF THE VISITATION PLAN, INCLUDING ANY PLANS FOR
32 VISITATION AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
33 (2) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
34 (3) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS
35 LEGALLY RESPONSIBLE FOR THE CARE OF THE RESPONDENT SHALL BE NOTIFIED OF
36 ANY PLANNING CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF
37 SECTION FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT
38 TO ATTEND THE CONFERENCES AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER
39 REPRESENTATIVE OR COMPANION WITH THEM.
40 (II) A COPY OF THE COURT'S ORDER AND THE SERVICE PLAN SHALL BE GIVEN
41 TO THE RESPONDENT AND HIS OR HER ATTORNEY AND TO THE RESPONDENT'S PARENT
42 OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE CARE
43 OF THE RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF THE
44 RESPONDENT REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWEN-
45 TY-TWO MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO
46 TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR PARENTS OF THE RESPOND-
47 ENT.
48 S 12. This act shall take effect on the ninetieth day after it shall
49 have become a law.
