A. 7039 2
not available to such respondent. WHENEVER AN ATTORNEY HAS BEEN
APPOINTED BY THE FAMILY COURT TO REPRESENT A CHILD IN A PROCEEDING UNDER
THIS ARTICLE, SUCH APPOINTMENT SHALL CONTINUE WITHOUT FURTHER COURT
ORDER OR APPOINTMENT DURING THE PERIOD COVERED BY ANY ORDER OF DISPOSI-
TION ISSUED BY THE COURT, AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL,
OR ANY EXTENSION OR VIOLATION THEREOF, OR DURING ANY PERMANENCY HEARING,
OTHER POST-DISPOSITIONAL PROCEEDING OR APPEAL. ALL NOTICES AND REPORTS
REQUIRED BY LAW SHALL BE PROVIDED TO SUCH ATTORNEY. SUCH APPOINTMENT
SHALL CONTINUE UNLESS ANOTHER APPOINTMENT OF AN ATTORNEY HAS BEEN MADE
BY THE COURT OR UNLESS SUCH ATTORNEY MAKES APPLICATION TO THE COURT TO
BE RELIEVED OF HIS OR HER APPOINTMENT. UPON APPROVAL OF SUCH APPLICATION
TO BE RELIEVED, THE COURT SHALL IMMEDIATELY APPOINT ANOTHER ATTORNEY TO
WHOM ALL NOTICES AND REPORTS REQUIRED BY LAW SHALL BE PROVIDED. THE
ATTORNEY FOR THE RESPONDENT SHALL BE ENTITLED TO COMPENSATION PURSUANT
TO APPLICABLE PROVISIONS OF LAW FOR SERVICES RENDERED UP TO AND INCLUD-
ING DISPOSITION OF THE PETITION. THE ATTORNEY SHALL, BY SEPARATE APPLI-
CATION, BE ENTITLED TO COMPENSATION FOR SERVICES RENDERED AFTER THE
DISPOSITION OF THE PETITION. NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO LIMIT THE AUTHORITY OF THE COURT TO REMOVE AN ATTORNEY FROM HIS OR
HER ASSIGNMENT.
S 3. Paragraphs (e) and (f) of subdivision 3 of section 353.2 of the
family court act are relettered paragraphs (f) and (g) and a new para-
graph (e) is added to read as follows:
(E) COOPERATE WITH A PROGRAM OF INTENSIVE SUPERVISION BY THE PROBATION
DEPARTMENT DURING THE PERIOD OF PROBATION OR A SPECIFIED PORTION THERE-
OF, TO THE EXTENT AVAILABLE IN THE COUNTY, UPON A FINDING ON THE RECORD
BY THE COURT THAT, ABSENT COOPERATION WITH SUCH A PROGRAM, PLACEMENT OF
THE RESPONDENT WOULD BE NECESSARY. SUCH A PROGRAM SHALL BE CONDUCTED IN
ACCORDANCE WITH REGULATIONS TO BE PROMULGATED BY THE DIVISION OF
PROBATION AND CORRECTIONAL ALTERNATIVES AND MAY REQUIRE THE RESPONDENT,
AMONG OTHER CONDITIONS, TO COMPLY WITH A PROGRAM OF ELECTRONIC MONITOR-
ING TO THE EXTENT AVAILABLE IN THE COUNTY, AS PROVIDED BY SUBDIVISION
ONE OF SECTION TWO HUNDRED FORTY-THREE OF THE EXECUTIVE LAW;
S 4. Subdivision 6 of section 353.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
6. The maximum period of probation shall not exceed two years, WHICH
MAY INCLUDE INTENSIVE PROBATION SUPERVISION, IN ACCORDANCE WITH PARA-
GRAPH (E) OF SUBDIVISION THREE OF THIS SECTION, TO THE EXTENT AVAILABLE
UP TO THE TERM OF PROBATION. If the court finds at the conclusion of the
original period and after a hearing that exceptional circumstances
require an additional year of probation, the court may continue the
probation for an additional year.
S 5. Section 353.3 of the family court act is amended by adding a new
subdivision 4-a to read as follows:
4-A. WHERE THE RESPONDENT IS PLACED WITH A COMMISSIONER OF SOCIAL
SERVICES OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS
SECTION, THE DISPOSITIONAL ORDER OR AN ATTACHMENT TO THE ORDER INCORPO-
RATED BY REFERENCE INTO THE ORDER SHALL INCLUDE:
(A) A DESCRIPTION OF THE VISITATION PLAN;
(B) A SERVICE PLAN, IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET BEEN
DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE COURT AND DELIV-
ERED TO THE PRESENTMENT AGENCY, ATTORNEY, AND PARENT OR PARENTS OR OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE CARE OF THE RESPONDENT, NO
LATER THAN NINETY DAYS FROM THE DATE THE DISPOSITION WAS MADE; AND
(C) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS
LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY PLANNING
A. 7039 3
CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION FOUR
HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND THE
CONFERENCES, AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER REPRESEN-
TATIVE OR COMPANION PRESENT AT SUCH CONFERENCES WITH THEM.
A COPY OF THE COURT'S ORDER AND ATTACHMENTS SHALL BE GIVEN TO THE
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
CARE OF THE RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF
THE RESPONDENT REMAINS IN PLACEMENT FOR FIFTEEN OF THE MOST RECENT TWEN-
TY-TWO MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO
TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR PARENTS OF THE RESPOND-
ENT.
S 6. The opening paragraph and paragraph (ii) of subdivision 4 of
section 355.3 of the family court act, as amended by chapter 454 of the
laws of 1995, are amended to read as follows:
At the conclusion of the hearing the court may, in its discretion,
order an extension of the placement for not more than one year OR MAY
ORDER THAT THE PETITION FOR AN EXTENSION OF PLACEMENT BE DISMISSED, OR
THAT THE RESPONDENT BE PLACED ON PROBATION FOR NOT MORE THAN ONE YEAR,
PURSUANT TO SECTION 353.2 OF THIS PART OR THAT THE RESPONDENT BE CONDI-
TIONALLY DISCHARGED FOR NOT MORE THAN ONE YEAR, PURSUANT TO SECTION
353.1 OF THIS PART. The court must consider and determine in its order:
(ii) in the case of a respondent who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the child to make the
transition from foster care to independent living; and
S 7. The opening paragraph of subdivision 2, the opening paragraph of
subdivision 3 and paragraphs (b) and (d) of subdivision 7 of section
355.5 of the family court act, the opening paragraph of subdivision 2
and the opening paragraph of subdivision 3 as amended by chapter 145 of
the laws of 2000, paragraph (b) of subdivision 7 as added by chapter 7
of the laws of 1999, and paragraph (d) of subdivision 7 as amended by
chapter 181 of the laws of 2000, are amended and a new subdivision 10 is
added to read as follows:
Where a respondent is placed with a commissioner of social services or
the office of children and family services pursuant to section 353.3 of
this [article] PART for a period of twelve or fewer months and resides
in a foster home or IN A non-secure OR LIMITED SECURE facility;
Where a respondent is placed with a commissioner of social services or
the office of children and family services pursuant to section 353.3 of
this [article] PART for a period in excess of twelve months and resides
in a foster home or in a non-secure OR LIMITED SECURE facility;
(b) in the case of a respondent who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the respondent to make
the transition from foster care to independent living;
(d) with regard to the completion of placement ordered by the court
pursuant to section 353.3 or 355.3 of this [article] PART: whether and
when the respondent: (i) will be returned to the parent OR PARENTS; (ii)
should be placed for adoption with the local commissioner of social
services filing a petition for termination of parental rights; (iii)
should be referred for legal guardianship; (iv) should be placed perma-
nently with a fit and willing relative; or (v) should be placed 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 office of children and family services or the local commissioner
of social services has documented to the court a compelling reason for
determining that it would not be in the best interest of the respondent
to return home, be referred for termination of parental rights and
A. 7039 4
placed for adoption, placed with a fit and willing relative, or placed
with a legal guardian; and
10. IF THE ORDER RESULTING FROM THE PERMANENCY HEARING EXTENDS THE
RESPONDENT'S PLACEMENT PURSUANT TO SECTION 355.3 OF THIS PART IN A
FOSTER HOME OR NON-SECURE OR LIMITED SECURE FACILITY OR IF THE RESPOND-
ENT CONTINUES IN SUCH PLACEMENT UNDER A PRIOR ORDER, THE ORDER OR AN
ATTACHMENT TO THE ORDER INCORPORATED INTO THE ORDER BY REFERENCE SHALL
INCLUDE:
(A) A DESCRIPTION OF THE VISITATION PLAN;
(B) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
(C) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS
LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY PLANNING
CONFERENCES, INCLUDING THOSE HELD PURSUANT TO SUBDIVISION THREE OF
SECTION FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT
TO ATTEND THE CONFERENCES, AND THEIR RIGHT TO HAVE COUNSEL OR ANOTHER
REPRESENTATIVE OR COMPANION WITH THEM.
A COPY OF THE COURT'S ORDER AND THE ATTACHMENTS SHALL BE GIVEN TO THE
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF THE RESPONDENT
REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO MONTHS,
THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO TERMINATE THE
PARENTAL RIGHTS OF THE PARENT OR PARENTS OF THE RESPONDENT.
S 8. Section 736 of the family court act is amended by adding a new
subdivision 4 to read as follows:
(4) IN ANY PROCEEDING UNDER THIS ARTICLE, THE COURT SHALL CAUSE A COPY
OF THE PETITION AND NOTICE OF THE TIME AND PLACE TO BE HEARD TO BE
SERVED UPON ANY NON-CUSTODIAL PARENT OF THE CHILD, PROVIDED THAT THE
ADDRESS OF SUCH PARENT IS KNOWN TO OR IS ASCERTAINABLE BY THE COURT.
SERVICE SHALL BE MADE BY ORDINARY FIRST CLASS MAIL AT SUCH PARENT'S LAST
KNOWN RESIDENCE. THE FAILURE OF SUCH NOTICED PARENT TO APPEAR SHALL NOT
BE CAUSE FOR DELAY OF THE PROCEEDINGS.
S 9. Subdivision (a) of section 741 of the family court act, as
amended by chapter 41 of the laws of 2010, is amended and a new subdivi-
sion (d) is added to read as follows:
(a) At the initial appearance of a respondent in a proceeding and at
the commencement of any hearing under this article, the respondent and
his or her parent or other person legally responsible for his or her
care shall be advised of the respondent's right to remain silent and of
the respondent's right to be represented by counsel chosen by him or her
or his or her parent or other person legally responsible for his or her
care, or by an attorney assigned by the court under part four of article
two OF THIS ACT. [Provided, however, that in] IN the event of the fail-
ure of the respondent's parent or other person legally responsible for
his or her care to appear, after reasonable and substantial effort has
been made to notify such parent or responsible person of the commence-
ment of the proceeding and such initial appearance, the court shall
appoint an attorney for the respondent and shall, unless inappropriate
also appoint a guardian ad litem for such respondent, and in such event,
shall inform the respondent of such rights in the presence of such
attorney and any guardian ad litem.
(D) WHENEVER AN ATTORNEY HAS BEEN APPOINTED BY THE FAMILY COURT TO
REPRESENT A RESPONDENT IN A PROCEEDING UNDER THIS ARTICLE PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH APPOINTMENT SHALL CONTINUE WITHOUT
FURTHER COURT ORDER OR APPOINTMENT DURING AN ORDER OF DISPOSITION ISSUED
BY THE COURT, AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, OR ANY
EXTENSION OR VIOLATION THEREOF, OR ANY PERMANENCY HEARING, OTHER
A. 7039 5
POST-DISPOSITIONAL PROCEEDING OR APPEAL. ALL NOTICES AND REPORTS
REQUIRED BY LAW SHALL BE PROVIDED TO SUCH ATTORNEY. SUCH APPOINTMENT
SHALL CONTINUE UNLESS ANOTHER APPOINTMENT OF AN ATTORNEY HAS BEEN MADE
BY THE COURT OR UNLESS SUCH ATTORNEY MAKES APPLICATION TO THE COURT TO
BE RELIEVED OF HIS OR HER APPOINTMENT. UPON APPROVAL OF SUCH APPLICATION
TO BE RELIEVED, THE COURT SHALL IMMEDIATELY APPOINT ANOTHER ATTORNEY TO
WHOM ALL NOTICES AND REPORTS REQUIRED BY LAW SHALL BE PROVIDED. THE
ATTORNEY SHALL BE ENTITLED TO COMPENSATION PURSUANT TO APPLICABLE
PROVISIONS OF LAW FOR SERVICES RENDERED UP TO AND INCLUDING DISPOSITION
OF THE PETITION. THE ATTORNEY SHALL, BY SEPARATE APPLICATION, BE ENTI-
TLED TO COMPENSATION FOR SERVICES RENDERED AFTER THE DISPOSITION OF THE
PETITION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
AUTHORITY OF THE COURT TO REMOVE AN ATTORNEY FROM HIS OR HER ASSIGNMENT.
S 10. Subdivision (a) of section 756 of the family court act is
amended by adding two new paragraphs (iii) and (iv) to read as follows:
(III) THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR THE PERSON WITH
WHOM THE RESPONDENT HAS BEEN PLACED UNDER THIS SECTION SHALL SUBMIT A
REPORT TO THE COURT, THE ATTORNEY FOR THE RESPONDENT AND THE PRESENTMENT
AGENCY, IF ANY, NOT LATER THAN THIRTY DAYS PRIOR TO THE CONCLUSION OF
THE PLACEMENT PERIOD; PROVIDED, HOWEVER, THAT WHERE THE LOCAL COMMIS-
SIONER OF SOCIAL SERVICES OR PERSON WITH WHOM THE RESPONDENT HAS BEEN
PLACED FILES A PETITION FOR AN EXTENSION OF THE PLACEMENT AND A PERMAN-
ENCY HEARING PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART,
SUCH REPORT SHALL BE SUBMITTED NOT LATER THAN SIXTY DAYS PRIOR TO THE
DATE ON WHICH THE PERMANENCY HEARING MUST BE HELD AND SHALL BE ANNEXED
TO THE PETITION.
(IV) THE REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH (III) OF THIS
SUBDIVISION SHALL INCLUDE RECOMMENDATIONS AND SUCH SUPPORTING DATA AS IS
APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, A PLAN FOR THE RELEASE OF
THE RESPONDENT TO THE CUSTODY OF HIS OR HER PARENT OR PARENTS OR OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE, OR TO ANOTHER PERMANENCY ALTERNA-
TIVE AS PROVIDED IN PARAGRAPH (IV) OF SUBDIVISION (D) OF SECTION SEVEN
HUNDRED FIFTY-SIX-A OF THIS PART. THE RELEASE PLAN SHALL PROVIDE AS
FOLLOWS:
(1) IF THE RESPONDENT IS SUBJECT TO ARTICLE SIXTY-FIVE OF THE EDUCA-
TION LAW OR ELECTS TO PARTICIPATE IN AN EDUCATIONAL PROGRAM LEADING TO A
HIGH SCHOOL DIPLOMA FOLLOWING RELEASE, SUCH PLAN SHALL INCLUDE, BUT NOT
BE LIMITED TO, THE STEPS THAT THE AGENCY WITH WHICH THE RESPONDENT IS
PLACED HAS TAKEN AND WILL BE TAKING IN CONJUNCTION WITH THE LOCAL EDUCA-
TION AGENCY TO ENSURE THE IMMEDIATE ENROLLMENT OF THE RESPONDENT IN AN
APPROPRIATE SCHOOL OR EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL
DIPLOMA AND THE TRANSFER OF NECESSARY RECORDS IN ADVANCE OF OR IMME-
DIATELY UPON RELEASE OR, IF SUCH RELEASE OCCURS DURING THE SUMMER
RECESS, IMMEDIATELY UPON THE COMMENCEMENT OF THE NEXT SCHOOL TERM.
(2) IF THE AGENCY HAS REASON TO BELIEVE THAT THE RESPONDENT MAY HAVE A
DISABILITY OR IF THE RESPONDENT HAD BEEN FOUND ELIGIBLE TO RECEIVE
SPECIAL EDUCATION SERVICES PRIOR TO OR DURING THE PLACEMENT, IN ACCORD-
ANCE WITH ARTICLE EIGHTY-NINE OF THE EDUCATION LAW, SUCH PLAN SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE STEPS THAT THE AGENCY WITH WHICH THE
RESPONDENT IS PLACED HAS TAKEN AND WILL BE TAKING TO ENSURE THAT THE
LOCAL EDUCATION AGENCY MAKES ANY NECESSARY REFERRALS OR ARRANGES FOR
SPECIAL EDUCATIONAL EVALUATIONS OR SERVICES, AS APPROPRIATE, AND
PROVIDES NECESSARY RECORDS IMMEDIATELY IN ACCORDANCE WITH STATE AND
FEDERAL LAW.
(3) IF THE RESPONDENT IS NOT SUBJECT TO ARTICLE SIXTY-FIVE OF THE
EDUCATION LAW AND ELECTS NOT TO PARTICIPATE IN AN EDUCATIONAL PROGRAM
A. 7039 6
LEADING TO A HIGH SCHOOL DIPLOMA, SUCH PLAN SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE STEPS THAT THE AGENCY WITH WHICH THE RESPONDENT IS
PLACED HAS TAKEN AND WILL BE TAKING TO ASSIST THE RESPONDENT TO BECOME
GAINFULLY EMPLOYED OR ENROLLED IN A VOCATIONAL PROGRAM IMMEDIATELY UPON
RELEASE.
S 11. Section 756 of the family court act is amended by adding a new
subdivision (d) to read as follows:
(D) WHERE THE RESPONDENT IS PLACED PURSUANT TO THIS SECTION, THE
DISPOSITIONAL ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED BY REFER-
ENCE INTO THE ORDER SHALL INCLUDE:
(I) A DESCRIPTION OF THE VISITATION PLAN, INCLUDING ANY PLANS FOR
VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
(II) A SERVICE PLAN, IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET
BEEN DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE COURT AND
DELIVERED TO THE PRESENTMENT AGENCY, ATTORNEY FOR THE RESPONDENT AND
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
CARE OF THE RESPONDENT NO LATER THAN NINETY DAYS FROM THE DATE THE
DISPOSITION WAS MADE; AND
(III) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR
PERSONS LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY
PLANNING CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION
FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND
THE CONFERENCES, AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER REPRESEN-
TATIVE OR COMPANION WITH THEM.
A COPY OF THE COURT'S ORDER AND ATTACHMENTS SHALL BE GIVEN TO THE
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
CARE OF THE RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF
THE RESPONDENT REMAINS IN PLACEMENT FOR FIFTEEN OF THE MOST RECENT TWEN-
TY-TWO MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO
TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR PARENTS OF THE RESPOND-
ENT.
S 12. The opening paragraph and paragraphs (ii), (iii) and (iv) of
subdivision (d) of section 756-a of the family court act, as amended by
section 4 of part B of chapter 327 of the laws of 2007, are amended and
a new paragraph (v) is added to read as follows:
At the conclusion of the permanency hearing, the court may, in its
discretion, order an extension of the placement for not more than one
year OR MAY ORDER THAT THE PETITION FOR AN EXTENSION OF PLACEMENT BE
DISMISSED, OR THAT THE RESPONDENT BE PLACED ON PROBATION FOR NOT MORE
THAN ONE YEAR, PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SEVEN OF THIS
PART. The court must consider and determine in its order:
(ii) in the case of a [child] RESPONDENT who has attained the age of
[sixteen] FOURTEEN, the services needed, if any, to assist the [child]
RESPONDENT to make the transition from foster care to independent
living;
(iii) in the case of a [child] RESPONDENT placed outside New York
state, whether the out-of-state placement continues to be appropriate
and in the best interests of the [child] RESPONDENT; [and]
(iv) whether and when the [child] RESPONDENT: (A) will be returned to
the parent; (B) should be placed for adoption with the social services
official filing a petition for termination of parental rights; (C)
should be referred for legal guardianship; (D) should be placed perma-
nently with a fit and willing relative; or (E) should be placed in
another planned permanent living arrangement THAT INCLUDES A SIGNIFICANT
CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE
RESPONDENT if the social services official has documented to the court a
A. 7039 7
compelling reason for determining that it would not be in the best
interest of the [child] RESPONDENT 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; and where the
[child] RESPONDENT will not be returned home, consideration of appropri-
ate in-state and out-of-state placements[.]; AND
(V) WITH REGARD TO THE COMPLETION OR EXTENSION OF PLACEMENT ORDERED BY
THE COURT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART, THE
STEPS THAT MUST BE TAKEN BY THE AGENCY WITH WHICH THE RESPONDENT IS
PLACED TO IMPLEMENT THE PLAN FOR RELEASE SUBMITTED PURSUANT TO PARA-
GRAPHS (III) AND (IV) OF SUBDIVISION (A) OF SUCH SECTION, THE ADEQUACY
OF SUCH PLAN AND ANY MODIFICATIONS THAT SHOULD BE MADE TO SUCH PLAN.
S 13. Subdivisions (e) and (f) of section 756-a of the family court
act are relettered subdivisions (f) and (g) and a new subdivision (e) is
added to read as follows:
(E) IF THE ORDER FROM THE PERMANENCY HEARING EXTENDS THE RESPONDENT'S
PLACEMENT OR IF THE RESPONDENT CONTINUES IN PLACEMENT UNDER A PRIOR
ORDER, THE ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED INTO THE
ORDER BY REFERENCE SHALL INCLUDE:
(I) A DESCRIPTION OF THE VISITATION PLAN, INCLUDING ANY PLANS FOR
VISITATION AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
(II) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
(III) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR
PERSONS LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY
PLANNING CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION
FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND
THE CONFERENCES AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER REPRESEN-
TATIVE OR COMPANION WITH THEM.
A COPY OF THE COURT'S ORDER AND THE SERVICE PLAN SHALL BE GIVEN TO THE
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF THE RESPONDENT
REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO MONTHS,
THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO TERMINATE THE
PARENTAL RIGHTS OF THE PARENT OR PARENTS OF THE RESPONDENT.
S 14. Subdivision (b) of section 757 of the family court act, as
amended by chapter 920 of the laws of 1982, is amended and a new subdi-
vision (e) is added to read as follows:
(b) The maximum period of probation shall not exceed one year, WHICH
MAY INCLUDE INTENSIVE PROBATION SUPERVISION, IN ACCORDANCE WITH SUBDIVI-
SION (E) OF THIS SECTION, TO THE EXTENT AVAILABLE, DURING ALL OR PART OF
THE TERM OF PROBATION. If the court finds at the conclusion of the
original period that exceptional circumstances require an additional
year of probation, the court may continue probation for an additional
year.
(E) IF THE RESPONDENT HAS BEEN FOUND TO BE A PERSON IN NEED OF SUPER-
VISION, AND IF THE COURT FURTHER FINDS THAT, ABSENT INTENSIVE PROBATION
SUPERVISION, THE RESPONDENT WOULD BE PLACED PURSUANT TO SECTION SEVEN
HUNDRED FIFTY-SIX OF THIS PART, THE COURT MAY DIRECT THE RESPONDENT TO
COOPERATE WITH A PROGRAM OF INTENSIVE PROBATION SUPERVISION DURING ALL
OR PART OF THE TERM OF PROBATION. THE LOCAL PROBATION DEPARTMENT MAY
PROVIDE INTENSIVE PROBATION SUPERVISION TO RESPONDENTS SO DIRECTED
PURSUANT TO THIS SUBDIVISION IN ACCORDANCE WITH REGULATIONS TO BE
PROMULGATED BY THE STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNA-
TIVES PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY-THREE OF
THE EXECUTIVE LAW.
A. 7039 8
S 15. Subdivisions 1 and 2 of section 112 of the education law, as
amended by section 62 of part A of chapter 3 of the laws of 2005, are
amended to read as follows:
1. The department shall establish and enforce standards of instruc-
tion, personnel qualifications and other requirements for education
services or programs, as determined by rules of the regents and regu-
lations of the commissioner, with respect to the individual requirements
of children who are in full-time residential care in facilities or homes
operated or supervised by any state department or agency or political
subdivision. The department shall cooperate with the office of children
and family services, the department of mental hygiene and local depart-
ments of social services with respect to educational and vocational
training programs for children placed with, committed to or under the
supervision of such agencies. The department shall promulgate regu-
lations requiring the cooperation of local school districts in facili-
tating the prompt enrollment of children who are released or condi-
tionally released from residential facilities operated by or under
contract with the office of children and family services, the department
of mental hygiene and local departments of social services and in imple-
menting plans for release or conditional release submitted to the family
court pursuant to paragraph (c) of subdivision seven of section 353.3
AND PARAGRAPHS (III) AND (IV) OF SUBDIVISION (A) OF SECTION SEVEN
HUNDRED FIFTY-SIX of the family court act and the educational components
of permanency hearing reports submitted pursuant to section one thousand
eighty-nine of the family court act. Such regulations regarding the
educational components of permanency hearing reports submitted pursuant
to section one thousand eighty-nine of the family court act shall be
developed in conjunction with the office of children and family
services. SUCH REGULATIONS SHALL FACILITATE THE RETENTION OF CHILDREN
PLACED OR REMANDED INTO FOSTER CARE IN THEIR ORIGINAL SCHOOLS AND, IF
THAT IS NOT FEASIBLE OR DETERMINED TO BE IN THE CHILD'S BEST INTERESTS,
THE IMMEDIATE ENROLLMENT OF THE CHILDREN IN SCHOOL AND TRANSFER OF
NECESSARY RECORDS. Nothing herein contained shall be deemed to apply to
responsibility for the provision or payment of care, maintenance or
other services subject to the provisions of the executive law, mental
hygiene law, social services law or any other law.
2. The commissioner shall prepare a report and submit it to the gover-
nor, the speaker of the assembly and the temporary president of the
senate by December thirty-first, nineteen hundred ninety-six and on
December thirty-first of each successive year. Such report shall
contain, for each facility operated by or under contract with the office
of children and family services that provides educational programs, an
assessment of each facility's compliance with the rules of the board of
regents, the regulations of the commissioner, and this chapter. Such
report shall include, but not be limited to: the number of youth receiv-
ing services under article eighty-nine of this chapter; the office's
activities undertaken as required by subdivisions one, two, four and
eight of section forty-four hundred three of this chapter; the number of
youth receiving bilingual education services; the number of youth eligi-
ble to receive limited English proficient services; interviews with
facility residents conducted during site visits; library services; the
ratio of teachers to students; the curriculum; the length of stay of
each youth and the number of hours of instruction provided; instruc-
tional technology utilized; the educational services provided following
the release and conditional release of the youth, including, but not
limited to, the implementation of requirements for the PROMPT enrollment
A. 7039 9
of such youth in school contained in plans for release and conditional
release submitted to the family court pursuant to paragraph (c) of
subdivision seven of section 353.3 AND PARAGRAPHS (III) AND (IV) OF
SUBDIVISION (A) OF SECTION SEVEN HUNDRED FIFTY-SIX of the family court
act and in the educational components of permanency hearing reports
submitted pursuant to section one thousand eighty-nine of the family
court act and the compliance by local school districts with the regu-
lations promulgated pursuant to subdivision one of this section; and any
recommendations to ensure compliance with the rules of regents, regu-
lations of the commissioner, and this chapter.
S 16. The opening paragraph of subdivision 1 of section 409-e of the
social services law, as amended by section 60 of part A of chapter 3 of
the laws of 2005, is amended to read as follows:
With respect to each child who is identified by a local social
services district as being considered for placement in foster care as
defined in section one thousand eighty-seven of the family court act by
a social services district, such district, within thirty days from the
date of such identification, shall perform an assessment of the child
and his or her family circumstances. Where a child has been removed from
his or her home INTO FOSTER CARE AS DEFINED IN SECTION ONE THOUSAND
EIGHTY-SEVEN OF THE FAMILY COURT ACT, DETENTION OR PLACEMENT PURSUANT TO
ARTICLE SEVEN OF THE FAMILY COURT ACT OR NONSECURE OR LIMITED SECURE
PLACEMENT PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT, within
thirty days of such removal, DETENTION OR PLACEMENT, the local social
services district shall perform an assessment of the child and his or
her family circumstances, or update any assessment performed when the
child was considered for placement. Any assessment shall be in accord-
ance with such uniform procedures and criteria as the office of children
and family services shall by regulation prescribe. Such assessment shall
include the following:
S 17. Subdivision 1 of section 243 of the executive law, as amended by
section 17 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
1. The office shall exercise general supervision over the adminis-
tration of probation services throughout the state, including probation
in family courts and shall collect statistical and other information and
make recommendations regarding the administration of probation services
in the courts. The office shall endeavor to secure the effective appli-
cation of the probation system and the enforcement of the probation laws
and the laws relating to family courts throughout the state. After
consultation with the state probation commission, the office shall
recommend to the commissioner general rules which shall regulate methods
and procedure in the administration of probation services, including
investigation of defendants prior to sentence, and children prior to
adjudication, supervision, case work, record keeping, and accounting,
program planning and research so as to secure the most effective appli-
cation of the probation system and the most efficient enforcement of the
probation laws throughout the state. SUCH RULES SHALL PERMIT THE ESTAB-
LISHMENT OF A PROGRAM OF INTENSIVE PROBATION SUPERVISION FOR JUVENILES
DIRECTED TO RECEIVE SUCH SERVICES PURSUANT TO PARAGRAPH (E) OF SUBDIVI-
SION THREE OF SECTION 353.2 OR SUBDIVISION (E) OF SECTION SEVEN HUNDRED
FIFTY-SEVEN OF THE FAMILY COURT ACT AND SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO: SPECIFICATION OF THE MAXIMUM CASELOAD LEVELS AND TRAINING
REQUIRED FOR INTENSIVE PROBATION SUPERVISION OFFICERS; THE FREQUENCY AND
NATURE OF PROBATION CONTACTS WITH JUVENILES IN THE PROGRAM, SCHOOLS AND
OTHER AGENCIES; AND SUPERVISION, TREATMENT AND OTHER SERVICES TO BE
A. 7039 10
PROVIDED TO SUCH JUVENILES. SUCH RULES SHALL FURTHER PROVIDE FOR THE
ESTABLISHMENT OF A PROGRAM OF ELECTRONIC MONITORING FOR ACCUSED JUVENILE
DELINQUENTS WHO WOULD OTHERWISE BE DETAINED PRIOR TO DISPOSITION PURSU-
ANT TO SUBDIVISION THREE OF SECTION 320.5 OF THE FAMILY COURT ACT AND
FOR ADJUDICATED JUVENILE DELINQUENTS PLACED ON PROBATION ON CONDITION OF
COOPERATION WITH A PROGRAM OF ELECTRONIC MONITORING PURSUANT TO PARA-
GRAPH (E) OF SUBDIVISION THREE OF SECTION 353.2 OF THE FAMILY COURT ACT.
Such rules shall provide that the probation investigations ordered by
the court in designated felony act cases under subdivision one of
section 351.1 of the family court act shall have priority over other
cases arising under articles three and seven of such act. When duly
adopted by the commissioner, such rules shall be binding upon all
probation officers and when duly adopted shall have the force and effect
of law, but shall not supersede rules that may be adopted pursuant to
the family court act. The office shall keep informed as to the work of
all probation officers and shall from time to time inquire into and
report upon their conduct and efficiency. The office may investigate the
work of any probation bureau or probation officer and shall have access
to all records and probation offices. The office may issue subpoenas to
compel the attendance of witnesses or the production of books and
papers. The office may administer oaths and examine persons under oath.
The office may recommend to the appropriate authorities the removal of
any probation officer. The office may from time to time publish reports
regarding probation including probation in family courts, and the opera-
tion of the probation system including probation in family courts and
any other information regarding probation as the office may determine
provided expenditures for such purpose are within amounts appropriated
therefor.
S 18. This act shall take effect on the ninetieth day after it shall
have become a law.