N.Y. Comp. Codes R. & Regs. tit. 22 § 205.81

Current through Register Vol. 46, No. 50, December 11, 2024

Section 205.81 - Procedures for compliance with Adoption and Safe Families Act (child protective proceeding)

(a) Temporary removal; required findings. In any case in which removal of the child is ordered by the court pursuant to part 2 of article 10 of the Family Court Act, the court shall set a date certain for a permanency hearing in accordance with section 205.17 of this Part and shall make additional, specific written findings regarding the following issues:

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

(2) whether reasonable efforts, where appropriate, were made, prior to the date of the court hearing that resulted in the removal order, to prevent or eliminate the need for removal of the child from his or her home, and, if the child had been removed from his or her home prior to such court hearing, whether reasonable efforts, where appropriate, were made to make it possible for the child to safely return home. The petitioner shall provide information to the court to aid in its determinations. The court may also consider information provided by respondents, the child's attorney, the non-respondent parent or parents, relatives and other suitable persons.

(b) Motion for an order that reasonable efforts are not required. A motion for a judicial determination, pursuant to section 1039-b of the Family Court Act, that reasonable efforts to prevent or eliminate the need for removal of the child from his or her home or to make it possible to reunify the child 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 1055 of the Family Court Act, the petitioner shall provide information to the court to aid in its required determination of the following issues:

(1) whether continuation in the child's home would be contrary to his or her best interests and, if the child was removed from his or her home prior to or at the time the dispositional hearing and a judicial determination has not yet been made, whether such removal was in his or her best interests;

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

(3) in the case of a child for whom the permanency plan is adoption, guardianship or some other permanent living arrangement other than reunification with the parent or parents of the child, whether reasonable efforts have been made to make and finalize such other permanency plan;

(4) in the case of a respondent who has attained the age of 14, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; and

(5) in the case of an order of placement specifying a particular authorized agency or foster care provider, the position of the local commissioner of social services regarding such placement.

(d) Permanency hearing. If the child or children is or are placed in foster care or directly placed with a relative or other suitable person, the court shall set a date certain for a permanency hearing under article 10-A of the Family Court Act. All permanency hearings under article 10-A shall be governed by section 205.17 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.81