S T A T E   O F   N E W   Y O R K
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                                  7473

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2011
                               ___________

Introduced by M. of A. TITUS, SCARBOROUGH, JAFFEE, CASTRO, REILLY, COOK,
  ROBINSON,  PERRY,  ROSENTHAL -- Multi-Sponsored by -- M. of A. BARRON,
  McENENY, MENG, WEISENBERG -- read once and referred to  the  Committee
  on Children and Families

AN  ACT  to  amend  the social services law and the family court act, in
  relation to permanency for destitute children,  procedures  for  rein-
  statement  of  parental  relationships  and  enhancement of supervised
  independent living programs; and to repeal certain provisions  of  the
  social services law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 371 of the social services law, as
amended by chapter 722 of the laws of 1978, paragraph (d) as amended and
paragraph (e) as added by chapter 342 of the laws of 2010, is amended to
read as follows:
  3. "Destitute child" means a child who[, through  no  neglect  on  the
part of its parent, guardian or custodian,] is
  (a) [destitute or homeless, or
  (b)] NOT SUBJECT TO ARTICLE TEN OF THE FAMILY COURT ACT; IS UNACCOMPA-
NIED  BY A PARENT OR OTHER LEGALLY RESPONSIBLE ADULT; AND IS EITHER in a
state of want or suffering due to lack  of  sufficient  food,  clothing,
[or] shelter, or medical or surgical care, or
  [(c)  a  person under the age of eighteen years who is absent from his
legal residence without the consent of his  parent,  legal  guardian  or
custodian, or
  (d)  a  person  under  the  age of eighteen who] is without a place of
shelter where APPROPRIATE supervision and care are available, or
  [(e)] (B) a former foster care youth under the age of  twenty-one  who
was  previously  placed in the care and custody or custody and guardian-
ship of the local commissioner of  social  services  or  other  officer,
board  or  department  authorized to receive children as public charges,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10626-01-1
              

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and who was discharged from foster care due to a failure to  consent  to
continuation  in  placement, who has returned to foster care pursuant to
section one thousand ninety-one of the family court act.
  S  2.  Subdivision  3  of section 374-b of the social services law, as
added by chapter 160 of the laws of 2004, is amended to read as follows:
  3. An authorized agency that has received approval from the office  of
children and family services may operate a supervised independent living
program,  as defined in section three hundred seventy-one of this title.
The office of children and family services shall promulgate  regulations
establishing  the  standards  for  approval  and operation of supervised
independent living programs.  AN AUTHORIZED AGENCY SHALL NOT BE REQUIRED
TO NOTIFY THE MUNICIPALITY IN ACCORDANCE WITH SUBDIVISION  TWO  OF  THIS
SECTION  WHEN  ESTABLISHING A SUPERVISED INDEPENDENT LIVING PROGRAM OR A
SUPERVISED INDEPENDENT LIVING UNIT.
  S 3. The section heading of section 384-b of the social services  law,
as  amended  by  chapter  343 of the laws of 2010, is amended to read as
follows:
  Guardianship and custody of destitute or dependent  children;  commit-
ment  by court order; modification OR VACATUR of commitment and restora-
tion of parental rights.
  S 4. Subdivision 13 of section 384-b of the social  services  law,  as
added by chapter 343 of the laws of 2010, is amended to read as follows:
  13.  A  petition  to  modify  OR VACATE a disposition of commitment of
guardianship and custody in order to  restore  parental  rights  may  be
brought in accordance with part one-A of article six of the family court
act  where  the conditions enumerated in section six hundred thirty-five
of such part have been met.
  S 5. The social services law is amended by adding a new section  384-d
to read as follows:
  S  384-D.    CARE  AND CUSTODY OF DESTITUTE CHILDREN. 1. INITIATION OF
JUDICIAL PROCEEDING. A SOCIAL SERVICES COMMISSIONER SHALL, WITHIN  FOUR-
TEEN  DAYS  OF  ACCEPTING  THE  CARE  AS  A PUBLIC CHARGE OF A CHILD WHO
APPEARS TO BE A DESTITUTE CHILD, AS THAT TERM IS  DEFINED  BY  PARAGRAPH
(A)  OF  SUBDIVISION  THREE OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS
TITLE FILE A PETITION IN THE FAMILY COURT ALLEGING THAT THE CHILD  IS  A
DESTITUTE  CHILD  AND  REQUESTING  THAT THE COURT PLACE THE CHILD IN THE
TEMPORARY CARE AND CUSTODY OF SUCH COMMISSIONER WHILE  AN  INVESTIGATION
IS  COMMENCED  TO  DETERMINE WHETHER THE CHILD IS AN ABUSED OR NEGLECTED
CHILD SUBJECT TO THE PROVISIONS OF ARTICLE TEN OF THE FAMILY  COURT  ACT
OR A DESTITUTE CHILD AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION THREE OF
SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE. THE PROCEDURES OUTLINED
IN  THIS  SECTION  SHALL  NOT  APPLY IN THE CASE OF A DESTITUTE CHILD AS
DEFINED BY PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION  THREE  HUNDRED
SEVENTY-ONE OF THIS TITLE.
  2.  CONTENTS  OF PETITION. THE PETITION SHALL ALLEGE THE BASIS FOR THE
BELIEF THAT THE CHILD IS A DESTITUTE CHILD; WHETHER THE  WHEREABOUTS  OF
THE  PARENT,  PARENTS, GUARDIAN, OR OTHER PERSON LEGALLY RESPONSIBLE ARE
KNOWN, AND IF SO, THE ALLEGED ADDRESS OF THAT PERSON,  ANY  OTHER  KNOWN
PERSONS  LEGALLY  RESPONSIBLE  FOR THE CHILD, AND ANY OTHER RELATIVES OF
THE CHILD. THE PETITION SHALL CONTAIN  A  NOTICE  IN  CONSPICUOUS  PRINT
PROVIDING  THAT  IF  THE CHILD REMAINS IN FOSTER CARE FOR FIFTEEN OF THE
TWENTY-TWO MONTHS THAT FOLLOW, THE AGENCY MAY BE REQUIRED BY LAW TO FILE
A PETITION TO TERMINATE PARENTAL RIGHTS. THE  PETITION  SHALL  ALSO  SET
FORTH  THE  EFFORTS  THAT WERE MADE, PRIOR TO THE PLACEMENT OF THE CHILD
INTO FOSTER CARE, TO PREVENT REMOVAL OF THE CHILD FROM HIS OR  HER  HOME
AND THE EFFORTS WHICH WERE MADE, PRIOR TO THE FILING OF THE PETITION, TO

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MAKE  IT  POSSIBLE  FOR THE CHILD TO RETURN SAFELY HOME. IF SUCH EFFORTS
WERE NOT MADE, THE PETITION  SHALL  SET  FORTH  THE  REASONS  WHY  THESE
EFFORTS WERE NOT MADE. THE PETITION SHALL REQUEST THAT A TEMPORARY ORDER
BE  MADE  TRANSFERRING  THE  CARE AND CUSTODY OF THE CHILD TO THE SOCIAL
SERVICES OFFICIAL.
  3. INITIAL APPEARANCE. AT THE INITIAL APPEARANCE:
  (A) THE COURT SHALL APPOINT AN ATTORNEY FOR THE CHILD TO REPRESENT THE
CHILD; AND
  (B) THE COURT SHALL DETERMINE WHETHER PLACEMENT OF THE CHILD IN TEMPO-
RARY CARE AND CUSTODY OF THE LOCAL COMMISSIONER IS IN THE BEST INTERESTS
OF THE CHILD; WHETHER IT WOULD BE CONTRARY TO THE WELFARE OF  THE  CHILD
TO  CONTINUE IN HIS OR HER OWN HOME; THAT, WHERE APPROPRIATE, REASONABLE
EFFORTS WERE MADE PRIOR TO THE PLACEMENT OF THE CHILD INTO  FOSTER  CARE
TO  PREVENT REMOVAL OF THE CHILD FROM HIS OR HER HOME; AND THAT PRIOR TO
THE INITIATION OF THE COURT PROCEEDING  REQUIRED  TO  BE  HELD  BY  THIS
SUBDIVISION,  REASONABLE  EFFORTS  WERE MADE TO MAKE IT POSSIBLE FOR THE
CHILD TO RETURN SAFELY HOME. THE COURT SHALL INCLUDE  SUCH  FINDINGS  IN
ITS  ORDER.   IF THE COURT DETERMINES THAT REASONABLE EFFORTS TO PREVENT
THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE  BUT  THAT
THE  LACK  OF  SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUMSTANCES, THE
COURT ORDER SHALL INCLUDE SUCH FINDINGS.
  (C) IF THE COURT PLACES THE CHILD IN  THE  TEMPORARY  CUSTODY  OF  THE
LOCAL COMMISSIONER, THE COURT SHALL:
  (I) ORDER AN INVESTIGATION INTO THE FAMILY CIRCUMSTANCES OF THE CHILD;
  (II)  SET  A RETURN DATE FOR AN INVESTIGATION REVIEW PROCEEDING WITHIN
FORTY-FIVE DAYS IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION.
  (III) SET A DATE CERTAIN FOR AN INITIAL PERMANENCY HEARING PURSUANT TO
PARAGRAPH TWO OF SUBDIVISION (A) OF SECTION ONE THOUSAND EIGHTY-NINE  OF
THE FAMILY COURT ACT, WHICH DATE CERTAIN SHALL BE IN NO LATER THAN EIGHT
MONTHS  FROM  THE DATE THE SOCIAL SERVICES OFFICIAL ACCEPTED CARE OF THE
CHILD. THE DATE CERTAIN SHALL BE INCLUDED IN THE WRITTEN  ORDER  OF  THE
COURT  PLACING  THE CHILD IN THE TEMPORARY CARE AND CUSTODY OF THE LOCAL
COMMISSIONER.
  4. NOTICE. AT THE INITIAL APPEARANCE AND AT  ANY  HEARING  THEREAFTER,
THE  COURT  MAY  DIRECT THAT SERVICE OF A NOTICE OF THE PROCEEDING AND A
COPY OF THE PETITION SHALL BE MADE UPON THE PARENT,  PARENTS,  GUARDIAN,
OR  OTHER  LEGALLY  RESPONSIBLE  PERSON  IN SUCH MANNER AS THE COURT MAY
DIRECT.  IN THE EVENT THE COURT DETERMINES THAT SERVICE  BY  PUBLICATION
IS NECESSARY AND ORDERS SERVICE BY PUBLICATION, SERVICE SHALL BE MADE IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  RULE THREE HUNDRED SIXTEEN OF THE
CIVIL PRACTICE LAW AND RULES, PROVIDED, HOWEVER, THAT A SINGLE  PUBLICA-
TION  OF  THE SUMMONS OR OTHER PROCESS WITH A NOTICE AS SPECIFIED HEREIN
IN ONLY ONE NEWSPAPER DESIGNATED IN THE ORDER SHALL BE SUFFICIENT. IN NO
EVENT SHALL THE WHOLE PETITION BE PUBLISHED. THE NOTICE TO BE  PUBLISHED
WITH  THE SUMMONS OR OTHER PROCESS SHALL STATE THE DATE, TIME, PLACE AND
PURPOSE OF THE PROCEEDING.
  5.  INVESTIGATION  REVIEW  PROCEEDING.  AT  THE  INVESTIGATION  REVIEW
PROCEEDING, THE COURT SHALL:
  (A)  REVIEW  THE  INVESTIGATION CONDUCTED BY THE LOCAL SOCIAL SERVICES
DISTRICT OF THE FAMILY CIRCUMSTANCES OF THE CHILD;
  (B) DETERMINE WHETHER FURTHER INVESTIGATION IS NECESSARY, AND  IF  SO,
SET A DATE FOR ANOTHER INVESTIGATION REVIEW PROCEEDING;
  (C)  DETERMINE WHETHER NOTICE SHALL BE MADE UPON ANY PARENT, GUARDIAN,
OR OTHER LEGALLY RESPONSIBLE PERSON AND THE METHOD OF SUCH NOTICE;
  (D) DETERMINE WHETHER A MOTION MUST BE MADE TO SUBSTITUTE  A  PETITION
UNDER ARTICLE TEN OF THE FAMILY COURT ACT; OR

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  (E) IF THE COURT DETERMINES THAT NO FURTHER INVESTIGATION OR NOTICE IS
NECESSARY,  DETERMINE  WHETHER THE CHILD IS A DESTITUTE CHILD WITHIN THE
MEANING OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE.
  6.  DISPOSITION AND ORDER. IF THE COURT DETERMINES THAT THE CHILD IS A
DESTITUTE CHILD WITHIN THE MEANING OF PARAGRAPH (A) OF SUBDIVISION THREE
OF SECTION THREE HUNDRED SEVENTY-ONE OF  THIS  TITLE,  THE  COURT  SHALL
ISSUE  AN  ORDER  PLACING THE CHILD IN THE CARE AND CUSTODY OF THE LOCAL
COMMISSIONER. SUCH ORDER SHALL CONTAIN THE DATE CERTAIN  PREVIOUSLY  SET
FOR  THE  INITIAL PERMANENCY HEARING. CHILDREN PLACED UNDER THIS SECTION
SHALL BE PLACED UNTIL THE COURT COMPLETES THE INITIAL  PERMANENCY  HEAR-
ING.  SHOULD  THE  COURT  DETERMINE  THAT PLACEMENT WILL CONTINUE BEYOND
COMPLETION OF THE  INITIAL  PERMANENCY  HEARING,  SUBSEQUENT  PERMANENCY
HEARINGS SHALL BE SCHEDULED PURSUANT TO PARAGRAPH TWO OF SUBDIVISION (A)
OF SECTION ONE THOUSAND EIGHTY-NINE OF THE FAMILY COURT ACT.
  S  6.  Subdivision  1  of  section  398  of the social services law is
amended to read as follows:
  1. As to destitute children: Assume charge of, and  provide  CARE  AND
support for, any destitute child who cannot be properly cared for in his
OR  HER home, AND FILE A PETITION TO OBTAIN CUSTODY OF SUCH CHILD PURSU-
ANT TO SECTION THREE HUNDRED EIGHTY-FOUR-D OF THIS ARTICLE.
  S 7. The opening paragraph and  paragraph  (a)  of  subdivision  2  of
section 398 of the social services law, as amended by chapter 880 of the
laws of 1976, are amended to read as follows:
  As to neglected, abused [or], abandoned, OR DESTITUTE children:
  (a)  Investigate  [the] ANY alleged neglect, abuse or abandonment of a
child[,]; offer protective social services  to  prevent  injury  to  the
child,  to  safeguard  his OR HER welfare, and to preserve and stabilize
family life wherever possible  [and,];  if  necessary,  bring  the  case
before  the  family  court for adjudication and care for the child until
the court acts in the matter; and, in the case of an abandoned OR DESTI-
TUTE child, [shall] promptly petition the family court to obtain custody
of such child.
  S 8. Paragraph (b) of subdivision 2  of  section  398  of  the  social
services  law, as amended by chapter 555 of the laws of 1978, is amended
to read as follows:
  (b) Receive and care for any child alleged  to  be  neglected,  abused
[or],  abandoned,  OR  DESTITUTE  who is temporarily placed in [his] THE
care OF THE LOCAL COMMISSIONER by the family court pending  adjudication
by  such  court of the alleged neglect, abuse or abandonment, OR FINDING
THAT THE CHILD IS A DESTITUTE CHILD, including the authority  to  estab-
lish,  operate,  maintain  and  approve  facilities  for such purpose in
accordance with the regulations of the [department] OFFICE  OF  CHILDREN
AND FAMILY SERVICES; and receive and care for any neglected, abused [or]
, abandoned, OR DESTITUTE child placed or discharged to [his]THE care OF
THE LOCAL COMMISSIONER by the family court.
  S  9.  Paragraph  (f)  of  subdivision  2 of section 398 of the social
services law, as added by chapter 627 of the laws of 1984, is amended to
read as follows:
  (f) Report to the local criminal justice agency and to  the  statewide
central  register  for  missing  children  as described in section eight
hundred thirty-seven-e of the executive law such information as required
on a form prescribed by the commissioner of  the  division  of  criminal
justice  services  within forty-eight hours after an abandoned OR DESTI-
TUTE child is found.
  S 10. Paragraph (i) of subdivision 6 of  section  398  of  the  social
services law is REPEALED.

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  S  11. Section 398-e of the social services law, as amended by chapter
584 of the laws of 2008, is amended to read as follows:
  S  398-e.  Eligibility  for protective services, FOSTER CARE SERVICES,
and residential services for victims of  domestic  violence.  An  alien,
including  a  non-qualified  alien,  as determined by applicable federal
statute and regulation, is eligible for protective services  for  adults
and children, FOSTER CARE SERVICES, and residential services for victims
of  domestic  violence,  to the extent such person is otherwise eligible
pursuant to this chapter and the regulations of the office  of  children
and  family  services and the office of temporary and disability assist-
ance.
  S 12. Subdivision (a) of section 249  of  the  family  court  act,  as
amended  by  chapter  41  of  the  laws  of  2010, is amended to read as
follows:
  (a) In a proceeding under article three, seven, ten or ten-A  of  this
act  or  where  a  revocation  of  an  adoption consent is opposed under
section one hundred fifteen-b of the domestic relations law  or  in  any
proceeding  under  section  three  hundred  fifty-eight-a, three hundred
eighty-three-c, three hundred eighty-four [or],  three  hundred  eighty-
four-b OR THREE HUNDRED EIGHTY-FOUR-D of the social services law or when
a  minor  is sought to be placed in protective custody under section one
hundred fifty-eight of this act,  the  family  court  shall  appoint  an
attorney  to  represent  a minor who is the subject of the proceeding or
who is sought to be placed in protective custody, if  independent  legal
representation  is  not  available  to  such minor. In any proceeding to
extend or continue the placement of a juvenile delinquent or  person  in
need of supervision pursuant to section seven hundred fifty-six or 353.3
of  this act or any proceeding to extend or continue a commitment to the
custody of the commissioner of mental  health  or  the  commissioner  of
[mental  retardation and] developmental disabilities pursuant to section
322.2 of this act, the court shall not permit the  respondent  to  waive
the  right  to  be  represented  by  counsel  chosen  by the respondent,
respondent's  parent,  or  other  person  legally  responsible  for  the
respondent's  care,  or  by assigned counsel. In any other proceeding in
which the court has jurisdiction, the court may appoint an  attorney  to
represent  the  child,  when,  in the opinion of the family court judge,
such representation will serve the purposes of this act, if  independent
legal counsel is not available to the child. The family court on its own
motion may make such appointment.
  S  13.  The  opening  paragraph  and  subdivisions (a), (b) and (d) of
section 635 of the family court act, as added by chapter 343 of the laws
of 2010, are amended to read as follows:
  A petition to VACATE OR  modify  a  disposition  ordered  pursuant  to
subdivision  (c)  of  section  six hundred thirty-one of this article or
paragraph  (a)  of  subdivision   three   of   section   three   hundred
eighty-four-b  of  the  social services law in order to restore parental
rights may be filed in accordance with this  part  where  the  following
conditions are met:
  (a)  the  order  committing  guardianship and custody of the child had
been issued [two] THREE or more years prior to the date of filing of the
petition under this section; and
  (b) the order committing guardianship and custody of the child had NOT
been based upon an adjudication upon grounds  [enumerated  in  paragraph
(b),  (c)  or  (d)  of  subdivision four] OF SEVERE OR REPEATED ABUSE AS
DEFINED IN SUBDIVISION EIGHT of section three hundred  eighty-four-b  of
the social services law; and

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  (d)  the  child  is  fourteen years of age or older, remains under the
jurisdiction of the family court, has not been adopted, does not have  a
permanency  goal  of  adoption  and,  IF THE CHILD'S ATTORNEY IS NOT THE
PETITIONER, and consents to the relief requested in the petition.
  S 14. Subdivisions (a) and (b) of section 636 of the family court act,
as  added  by  chapter  343  of the laws of 2010, are amended to read as
follows:
  (a) A proceeding to VACATE OR  modify  the  disposition  in  order  to
restore parental rights may be originated by the filing of a petition by
the  child's  attorney, by the agency or individual to whom guardianship
and custody of the child had been committed  or  by  the  respondent  or
respondents  in the termination of parental rights proceeding. The peti-
tion shall be served upon the child's attorney, the agency or individual
to whom guardianship and custody of the child had been committed and the
respondent or respondents in the termination of parental rights proceed-
ing, as well as the attorney or attorneys who represented the respondent
or respondents in the  termination  of  parental  rights  proceeding.  A
certified  copy  of  the  order  committing guardianship and custody AND
AFFIRMATIONS CONTAINING THE CONSENTS REQUIRED  BY  SECTION  SIX  HUNDRED
THIRTY-FIVE OF THIS PART shall be attached to the petition.
  (b)  Upon  the  filing  of a petition under this part, the court [may]
SHALL cause a summons to be issued to the child, the agency or  individ-
ual to whom guardianship and custody of the child had been committed and
the  respondent  or  respondents  in  the termination of parental rights
proceeding, EACH OF WHOM SHALL BE PARTY TO THE PROCEEDING.  The  summons
shall be served in accordance with section six hundred seventeen of this
article,  accompanied  by  a  copy  of the petition [and], the certified
order of commitment sought to be modified AND THE AFFIDAVITS OF CONSENT.
  S 15. Section 637 of the family court act, as added by chapter 343  of
the law as of 2010, is amended to read as follows:
  S  637.  Burden of proof, disposition and findings. (a) The petitioner
shall have the burden of proof by clear  and  convincing  evidence  that
restoration  of  parental  rights is in the child's best interests, that
the requirements of section six hundred thirty-five of  this  part  have
been met and that all of the parties and the child have consented or, if
the  petitioner in the proceeding in which guardianship and custody have
been committed failed to consent to  the  relief  requested,  that  such
failure  was  without good cause.   IN DETERMINING WHETHER THE BURDEN OF
PROOF HAS BEEN MET, THE COURT SHALL  TAKE  INTO  ACCOUNT  THE  FOLLOWING
FACTORS:
  (I) THE BOND BETWEEN THE CHILD AND THE PARENT OR PARENTS;
  (II)  THE ABILITY OF THE PARENT OR PARENTS TO SAFELY PARENT THE CHILD;
AND
  (III) THE LIKELIHOOD OF THE CHILD BEING ADOPTED, INCLUDING THE CHILD'S
WILLINGNESS TO BE ADOPTED.
  (b) The court shall [state on the record]  ISSUE  A  WRITTEN  DECISION
WHICH  SETS FORTH the reason or reasons for its disposition of the peti-
tion. The court may make the following orders of disposition:
  (i) The court may grant the petition, VACATE OR modify  the  order  of
disposition  previously  entered  in  the termination of parental rights
proceeding and transfer guardianship and custody of  the  child  to  the
birth  parent  or  parents, provided, however, that the findings of fact
rendered pursuant to section six hundred twenty-two of this  article  or
subdivision  four  of  section three hundred eighty-four-b of the social
services law that formed the  basis  for  the  adjudication  terminating
parental rights shall remain; or

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  (ii)  The court may dismiss the petition, in which case the commitment
of guardianship and custody of the child to  the  authorized  agency  or
individual  would continue and a permanency hearing would be required to
be held as scheduled in accordance with article ten-A of this act; or
  (iii)  The court may grant the petition conditionally for a designated
period of up to six months, during which time guardianship  and  custody
of  the  child  shall  remain with the local social services district or
authorized agency while the child may visit with,  or  be  placed  on  a
trial  discharge  with,  the  birth  parent  or parents. The court shall
direct the district or agency to supervise the child's birth  parent  or
parents,  develop  a  reunification plan and provide appropriate transi-
tional services to the child and birth parent or parents and  report  to
the  parties, attorney for the child and the court not later than thirty
days prior to the expiration of the designated period. The  court  shall
schedule  the  proceeding  to be heard AT LEAST THIRTY DAYS prior to the
expiration of the designated period,  AT  WHICH  TIME  THE  PARTIES  MAY
SUBMIT ANY ADDITIONAL EVIDENCE ARISING SINCE THE FILING OF THE PETITION,
and shall determine whether to grant the petition permanently in accord-
ance  with  paragraph (i) of this subdivision or dismiss the petition in
accordance with paragraph (ii) of  this  subdivision.  The  court  shall
state  its reasons for its determination. If the petition is permanently
granted, the child's custody and guardianship shall  be  transferred  to
the  birth  parent  or  parents.  If the child has been removed from the
custody of the birth parent or parents prior to the  expiration  of  the
designated  period  by  reason  of  a report of suspected child abuse or
maltreatment, the court shall schedule the proceeding  to  be  heard  on
notice  to  the  parties  and  attorney for the child, may terminate the
trial discharge and may dismiss the petition in  accordance  with  para-
graph (ii) of this subdivision.
  S  16. Section 1086 of the family court act, as added by section 27 of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  S 1086. Purpose. The purpose of this article is to  establish  uniform
procedures  for  permanency  hearings for all children who are placed in
foster care pursuant  to  section  three  hundred  fifty-eight-a,  three
hundred  eighty-four [or], three hundred eighty-four-a, OR THREE HUNDRED
EIGHTY-FOUR-D of the social services law  or  pursuant  to  section  one
thousand  twenty-two,  one thousand twenty-seven, or one thousand fifty-
two of this act; children who are directly placed with a relative pursu-
ant to section one thousand seventeen or one thousand fifty-five of this
act; and children who are freed for adoption. It  is  meant  to  provide
children  placed out of their homes timely and effective judicial review
that promotes permanency, safety and well-being in their lives.
  S 17. Subdivision (a) of section 1087 of  the  family  court  act,  as
amended  by  chapter  342  of  the  laws  of 2010, is amended to read as
follows:
  (a) "Child" shall mean a person under  the  age  of  eighteen  who  is
placed  in  foster care pursuant to section three hundred fifty-eight-a,
three hundred eighty-four [or], three  hundred  eighty-four-a  OR  THREE
HUNDRED  EIGHTY-FOUR-D of the social services law or pursuant to section
one thousand twenty-two, one  thousand  twenty-seven,  or  one  thousand
fifty-two  of  this  act; or directly placed with a relative pursuant to
section one thousand seventeen or one thousand fifty-five of  this  act;
or who has been freed for adoption or a person between the ages of eigh-
teen  and twenty-one who has consented to continuation in foster care or
trial discharge status; or a former foster care youth under the  age  of
twenty-one  for  whom  a court has granted a motion to permit the former

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foster care youth to return to the custody of the local commissioner  of
social  services  or  other  officer,  board or department authorized to
receive children as public charges.
  S  18.  Section 1088 of the family court act, as separately amended by
chapters 41 and 342 of the laws of 2010, is amended to read as follows:
  S 1088. Continuing court jurisdiction. If a child is  placed  pursuant
to  section three hundred fifty-eight-a, three hundred eighty-four, [or]
three hundred eighty-four-a OR THREE HUNDRED EIGHTY-FOUR-D of the social
services law, or pursuant to section one thousand seventeen,  one  thou-
sand  twenty-two, one thousand twenty-seven or one thousand fifty-two of
this act, or directly placed with a relative  pursuant  to  section  one
thousand  seventeen  or  one  thousand fifty-five of this act; or if the
child is freed for adoption pursuant to section  three  hundred  eighty-
three-c, three hundred eighty-four or three hundred eighty-four-b of the
social  services  law, the case shall remain on the court's calendar and
the court shall maintain jurisdiction over the case until the  child  is
discharged   from   placement  and  all  orders  regarding  supervision,
protection or services have expired. The court shall rehear  the  matter
whenever  it  deems  necessary or desirable, or upon motion by any party
entitled to notice in proceedings under this article, or by the attorney
for the child, and whenever a permanency hearing  is  required  by  this
article.  While  the  court  maintains  jurisdiction  over the case, the
provisions of section  one  thousand  thirty-eight  of  this  act  shall
continue  to  apply.  The  court shall also maintain jurisdiction over a
case for purposes of hearing a motion to permit  a  former  foster  care
youth  under  the  age of twenty-one who was discharged from foster care
due to a failure to consent to continuation of placement  to  return  to
the  custody of the local commissioner of social services or other offi-
cer, board or department authorized to receive children as public charg-
es.
  S 19. Paragraph 2 of subdivision (a) of section  1089  of  the  family
court  act, as amended by chapter 437 of the laws of 2006, is amended to
read as follows:
  (2) All other permanency hearings. At the conclusion  of  the  hearing
pursuant  to section one thousand twenty-two, one thousand twenty-seven,
or one thousand fifty-two of this act, OR SECTION THREE HUNDRED  EIGHTY-
FOUR-D  OF  THE  SOCIAL SERVICES LAW, at which the child was remanded or
placed and upon the court's approval of a voluntary placement instrument
pursuant to section three hundred fifty-eight-a of the  social  services
law,  the court shall set a date certain for an initial permanency hear-
ing, advise all parties in court of the date set and include the date in
the order. Orders issued in  subsequent  court  hearings  prior  to  the
permanency  hearing,  including, but not limited to, the order of place-
ment issued pursuant to section one thousand fifty-five of this act,  OR
SECTION  THREE  HUNDRED  EIGHTY-FOUR-D OF THE SOCIAL SERVICES LAW, shall
include the date certain for the permanency hearing. The initial perman-
ency 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;
provided, however, that if a sibling or half-sibling of  the  child  has
previously  been removed from the home and has a permanency hearing date
certain scheduled within the next eight months, the  permanency  hearing
for  each child subsequently removed from the home shall be scheduled on
the same date certain that has been set for the first child removed from
the home, unless such sibling or half-sibling has been removed from  the
home  pursuant  to  article  three  or seven of this act. The permanency

A. 7473                             9

hearing shall be completed within thirty  days  of  the  scheduled  date
certain.
  S  20.  Subdivision  (a)  of  section 1090 of the family court act, as
separately amended by chapters 41 and  342  of  the  laws  of  2010,  is
amended to read as follows:
  (a)  If  an  attorney  for  the child has been appointed by the family
court in a proceeding pursuant to section three  hundred  fifty-eight-a,
three  hundred  eighty-three-c,  three  hundred  eighty-four, [or] three
hundred eighty-four-b OR  THREE  HUNDRED  EIGHTY-FOUR-D  of  the  social
services  law, or article ten of this act, the appointment of the attor-
ney for the child shall continue without further court order or appoint-
ment, unless another appointment of an attorney for the child  has  been
made  by the court, until the child is discharged from placement and all
orders regarding supervision, protection or services have  expired.  The
attorney  shall  also  represent  the  child  without  further  order or
appointment in any proceedings under article  ten-B  of  this  act.  All
notices,  reports  and  motions required by law shall be provided to the
child's attorney. The child's attorney may be relieved  of  his  or  her
representation  upon  application  to  the  court for termination of the
appointment. Upon approval of the application,  the  court  shall  imme-
diately  appoint  another  attorney  to  whom  all notices, reports, and
motions required by law shall be provided.
  S 21. This act shall take effect on the ninetieth day after  it  shall
have become a law.