N.Y. Comp. Codes R. & Regs. tit. 22 § 205.28

Current through Register Vol. 46, No. 45, November 2, 2024

Section 205.28 - Procedures for compliance with Adoption and Safe Families Act (juvenile delinquency proceeding)

(a) Pre-petition and pretrial detention; required findings. In any case in which detention is ordered by the court pursuant to section 307.4 or 320.5 of the Family Court Act, the court shall make additional, specific written findings regarding the following issues:

(1) whether the continuation of the respondent in his or her home would be contrary to his or her best interests; and

(2) where appropriate and consistent with the need for protection of the community, whether reasonable efforts were made, prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the respondent from his or her home, or, if the respondent had been removed from his or her home prior to the initial appearance, where appropriate and consistent with the need for protection of the community, whether reasonable efforts were made to make it possible for the respondent to safely return home.

The court may request the presentment agency and the local probation department to provide information to the court to aid in its determinations and may also consider information provided by the child's attorney.

(b) Motion for an order that reasonable efforts are not required. A motion for a judicial determination, pursuant to section 352.2 (2)(c) of the Family Court Act, that reasonable efforts to prevent or eliminate the need for removal of the respondent from his or her home or to make it possible to reunify the respondent with his or her parents are not required, shall be governed by section 205.16 of this Part.

(c) Placement; required findings. In any case in which the court is considering ordering placement pursuant to section 353.3 or 353.4 of the Family Court Act, the presentment agency, local probation department, local commissioner of social services and New York State Office of Children and Family Services shall provide information to the court to aid in its required determination of the following issues:

(1) whether continuation in the respondent's home would be contrary to the best interests of the respondent, and, in the case of a respondent for whom the court has determined that continuation in his or her home would not be contrary to the best interests of the respondent, whether continuation in the respondent's home would be contrary to the need for protection of the community;

(2) whether, where appropriate and where consistent with the need for protection of the community, reasonable efforts were made, prior to the date of the dispositional hearing, to prevent or eliminate the need for removal of the respondent from his or her home, and, if the respondent was removed from his or her home prior to the dispositional hearing, where appropriate and where consistent with the need for protection of the community, whether reasonable efforts were made to make it possible for the respondent to return home safely. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the respondent from the home were not made, but that the lack of such efforts was appropriate under the circumstances, or consistent with the need for protection of the community, or both, the court order shall include such a finding;

(3) in the case of a respondent who has attained the age of 16, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; and

(4) in the case of an order of placement specifying a particular authorized agency or foster care provider, the position of the New York State Office of Children and Family Services or local department of social services, as applicable, regarding such placement.

(d) Permanency hearing; extension of placement.

(1) A petition for a permanency hearing and, if applicable, an extension of placement, pursuant to sections 355.3 and 355.5 of the Family Court Act, shall be filed at least 60 days prior to the expiration of one year following the respondent's entry into foster care; provided, however, that if the Family Court makes a determination, pursuant to section 352.2 (2)(c) of the Family Court Act, that reasonable efforts are not required to prevent or eliminate the need for removal of the respondent from his or her home or to make it possible to reunify the respondent with his or her parents, the permanency hearing shall be held within 30 days of such finding and the petition for the permanency hearing shall be filed and served on an expedited basis as directed by the court.

(2) Following the initial permanency hearing in a case in which the respondent remains in placement, a petition for a subsequent permanency hearing and, if applicable, extension of placement, shall be filed at least 60 days prior to the expiration of one year following the date of the preceding permanency hearing.

(3) The permanency petition shall include, but not be limited to, the following: the date by which the permanency hearing must be held; the date by which any subsequent permanency petition must be filed; the proposed permanency goal for the child; the reasonable efforts, if any, undertaken to achieve the child's return to his or her parents or other permanency goal; the visitation plan for the child and his or her sibling or siblings and, if parental rights have not been terminated, for his or her parent or parents; and current information regarding the status of services ordered by the court to be provided, as well as other services that have been provided, to the child and his or her parent or parents.

(4) In all cases, the permanency petition shall be accompanied by the most recent service plan containing, at minimum: the child's permanency goal and projected time-frame for its achievement; the reasonable efforts that have been undertaken and are planned to achieve the goal; impediments, if any, that have been encountered in achieving the goal; and the services required to achieve the goal. Additionally, the permanency petition shall contain or have annexed to it a plan for the release or conditional release of the child, as required by section 353.3 (7) of the Family Court Act.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.28