A. 2601 2
hundred forty-nine OF THIS ACT if independent legal representation is
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. Section 353.3 of the family court act is amended by adding a new
subdivision 4-a to read as follows:
4-A. (A) WHERE THE RESPONDENT IS PLACED WITH THE OFFICE OF CHILDREN
AND FAMILY SERVICES OR THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
DISTRICT PURSUANT TO SUBDIVISION TWO, THREE OR FOUR OF 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 PLAN TO FACILITATE VISITATION BETWEEN THE
RESPONDENT AND HIS OR HER FAMILY;
(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 SIXTY DAYS FROM THE DATE THE DISPO-
SITION 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.
(B) 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 WITH WHICH THE CHILD IS PLACED MAY BE REQUIRED
BY LAW TO FILE A PETITION TO TERMINATE THE PARENTAL RIGHTS OF THE PARENT
OR PARENTS OF THE RESPONDENT.
S 4. Paragraphs (a), (b) and (c) of subdivision 7 of section 353.3 of
the family court act, as amended by section 6 of part G of chapter 58 of
the laws of 2010, are amended to read as follows:
(a) Where the respondent is placed pursuant to subdivision two [or],
three OR FOUR of this section and where the agency is not seeking an
extension of the placement pursuant to section 355.3 of this part, such
A. 2601 3
report shall be submitted not later than thirty days prior to the
conclusion of the placement.
(b) Where the respondent is placed pursuant to subdivision two [or],
three OR FOUR of this section and where the agency is seeking an exten-
sion of the placement pursuant to section 355.3 of this part and a
permanency hearing pursuant to section 355.5 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
for a permanency hearing and extension of placement.
(c) Where the respondent is placed pursuant to subdivision two [or],
three OR FOUR of this section, such report shall contain a plan for the
release, or conditional release (pursuant to section five hundred ten-a
of the executive law), of the respondent to the custody of his or her
parent or other person legally responsible, to independent living or to
another permanency alternative as provided in paragraph (d) of subdivi-
sion seven of section 355.5 of this part. FOR PURPOSES OF THIS PARA-
GRAPH, "PLACEMENT AGENCY" SHALL REFER TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES, THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT
OR THE AUTHORIZED AGENCY UNDER CONTRACT WITH THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT
WITH WHOM THE RESPONDENT HAS BEEN PLACED. THE RELEASE OR CONDITIONAL
RELEASE PLAN SHALL PROVIDE AS FOLLOWS:
(I) 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, 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 EDUCATION AGENCY to [facil-
itate] ENSURE the IMMEDIATE enrollment of the respondent in [a] AN
APPROPRIATE school or educational program leading to a high school
diploma [following] WITHIN FIVE DAYS OF release, or, if such release
occurs during the summer recess, IMMEDIATELY upon the commencement of
the next school term. THE PLACEMENT AGENCY SHALL ASCERTAIN THE SCHOOL
CALENDAR FROM THE SCHOOL DISTRICT AND SHALL, TO THE EXTENT POSSIBLE,
WORK WITH THE SCHOOL DISTRICT SO THAT THE TIMING OF RESPONDENT'S RELEASE
FROM THE PROGRAM AND ENROLLMENT IN SCHOOL ARE MINIMALLY DISRUPTIVE FOR
THE RESPONDENT AND FURTHER HIS OR HER BEST INTERESTS. NOT LESS THAN
FOURTEEN DAYS PRIOR TO THE RESPONDENT'S RELEASE, THE PLACEMENT AGENCY
SHALL NOTIFY THE SCHOOL DISTRICT WHERE THE RESPONDENT WILL BE ATTENDING
SCHOOL AND TRANSFER ALL NECESSARY RECORDS, INCLUDING, BUT NOT LIMITED
TO, THE RESPONDENT'S COURSE OF STUDY, CREDITS EARNED AND ACADEMIC
RECORD.
(II) IF THE PLACEMENT 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
ACCORDANCE WITH ARTICLE EIGHTY-NINE OF THE EDUCATION LAW, SUCH PLAN
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE STEPS THAT THE PLACEMENT AGEN-
CY HAS TAKEN AND WILL BE TAKING TO ENSURE THAT THE LOCAL EDUCATION AGEN-
CY 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.
(III) If the respondent is not subject to article sixty-five of the
education law and does not elect to participate in an educational
program 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
A. 2601 4
become gainfully employed or enrolled in a vocational program following
release.
S 5. The opening paragraph of subdivision 2, the opening paragraph of
subdivision 3, subdivision 5, subdivision 6 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, subdivision 5 and paragraph
(b) of subdivision 7 as added by chapter 7 of the laws of 1999, subdivi-
sion 6 as amended by section 1 of part B of chapter 327 of the laws of
2007, 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 SUBDIVISION TWO,
THREE OR FOUR OF 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 SUBDIVISION TWO,
THREE OR FOUR OF 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[;]:
5. A petition for an initial or subsequent permanency hearing shall be
filed by the office of children and family services or by the commis-
sioner of social services with whom the respondent was placed. Such
petition shall be filed no later than sixty days prior to the end of the
month in which an initial or subsequent permanency hearing must be held,
as directed in subdivision two of this section. THE PETITION SHALL BE
ACCOMPANIED BY A PERMANENCY REPORT THAT CONFORMS TO THE REQUIREMENTS OF
SUBDIVISION (C) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT.
6. THE RESPONDENT AND HIS OR HER ATTORNEY SHALL BE NOTIFIED OF THE
HEARING AND OF THE RESPONDENT'S RIGHT TO BE HEARD AND A COPY OF THE
PERMANENCY PETITION AND ACCOMPANYING REPORT FILED IN ACCORDANCE WITH
SUBDIVISION FIVE OF THIS SECTION SHALL BE SERVED ON THE RESPONDENT'S
ATTORNEY. The foster parent caring for the respondent or any pre-adop-
tive parent or relative providing care for the respondent shall be
provided with notice of any permanency hearing held pursuant to this
section by the office of children and family services or the LOCAL
commissioner of social services with whom the respondent was placed.
Such foster parent, pre-adoptive parent and relative shall have the
right to be heard at any such hearing; provided, however, no such foster
parent, pre-adoptive parent or relative shall be construed to be a party
to the hearing solely on the basis of such notice and right to be heard.
The failure of the foster parent, pre-adoptive parent, or relative
caring for the [child] RESPONDENT to appear at a permanency hearing
shall constitute a waiver of the right to be heard and such failure to
appear shall not cause a delay of the permanency hearing nor shall such
failure to appear be a ground for the invalidation of any order issued
by the court pursuant to this section.
(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
A. 2601 5
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
placed for adoption, placed with a fit and willing relative, or placed
with a legal guardian; and
10. (A) 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 OF PLACEMENT OR AN
EXTENSION THEREOF, THE ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED
INTO THE ORDER BY REFERENCE SHALL INCLUDE:
(I) A DESCRIPTION OF THE PLAN TO FACILITATE VISITATION BETWEEN THE
RESPONDENT AND HIS OR HER FAMILY;
(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, 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.
(B) WHERE THE COURT DETERMINES THAT REASONABLE EFFORTS IN THE FORM OF
SERVICES OR ASSISTANCE TO THE RESPONDENT AND HIS OR HER FAMILY WOULD
FURTHER THE RESPONDENT'S NEEDS AND BEST INTERESTS AND THE NEED FOR
PROTECTION OF THE COMMUNITY AND WOULD MAKE IT POSSIBLE FOR THE RESPOND-
ENT TO SAFELY RETURN HOME OR TO MAKE THE TRANSITION TO INDEPENDENT
LIVING, THE COURT MAY INCLUDE IN ITS ORDER A DIRECTION FOR A LOCAL
SOCIAL SERVICES, MENTAL HEALTH OR PROBATION OFFICIAL OR AN OFFICIAL OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES OR OFFICE OF METAL HEALTH, AS
APPLICABLE, TO PROVIDE OR ARRANGE FOR THE PROVISION OF SERVICES OR
ASSISTANCE TO THE RESPONDENT AND HIS OR HER FAMILY. SUCH ORDER REGARDING
A LOCAL SOCIAL SERVICES OFFICIAL SHALL NOT INCLUDE THE PROVISION OF ANY
SERVICE OR ASSISTANCE TO THE RESPONDENT AND HIS OR HER FAMILY THAT IS
NOT AUTHORIZED OR REQUIRED TO BE MADE AVAILABLE PURSUANT TO THE COUNTY
CHILD AND FAMILY SERVICES PLAN THEN IN EFFECT. IN ANY ORDER ISSUED
PURSUANT TO THIS SECTION, THE COURT MAY REQUIRE THE OFFICIAL TO MAKE
PERIODIC PROGRESS REPORTS TO THE COURT ON THE IMPLEMENTATION OF SUCH
ORDER. VIOLATION OF SUCH ORDER SHALL BE SUBJECT TO PUNISHMENT PURSUANT
TO SECTION SEVEN HUNDRED FIFTY-THREE OF THE JUDICIARY LAW.
(C) A COPY OF THE COURT'S ORDER AND THE ATTACHMENTS SHALL BE GIVEN TO
THE RESPONDENT AND HIS OR HER ATTORNEY AND TO THE RESPONDENT'S PARENT OR
PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE RESPOND-
ENT. 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 WITH WHICH THE RESPONDENT IS PLACED MAY BE REQUIRED BY LAW TO
FILE A PETITION TO TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR
PARENTS OF THE RESPONDENT.
S 6. 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
A. 2601 6
SERVED UPON ANY NON-CUSTODIAL PARENT OF THE RESPONDENT, 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 PARENT TO APPEAR SHALL NOT BE CAUSE
FOR DELAY OF THE PROCEEDINGS.
S 7. 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
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 8. 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 RELATIVE OR
SUITABLE 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 COMMISSIONER OF SOCIAL SERVICES OR THE RELATIVE OR
SUITABLE PERSON WITH WHOM THE RESPONDENT HAS BEEN PLACED FILES A PETI-
TION FOR AN EXTENSION OF THE PLACEMENT AND A PERMANENCY 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.
A. 2601 7
(IV) THE PERMANENCY HEARING REPORT SUBMITTED IN ACCORDANCE WITH PARA-
GRAPH (III) OF THIS SUBDIVISION SHALL CONFORM TO THE REQUIREMENTS OF
SUBDIVISION (C) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT AND
SHALL CONTAIN RECOMMENDATIONS AND SUCH SUPPORTING DATA AS IS APPROPRI-
ATE. THE PERMANENCY HEARING REPORT, AS WELL AS THE REPORT SUBMITTED NOT
LATER THAN THIRTY DAYS PRIOR TO THE CONCLUSION OF THE PLACEMENT SHALL
INCLUDE, BUT NOT BE 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 FOR THE RESPONDENT'S CARE, OR TO ANOTHER
PERMANENCY ALTERNATIVE AS PROVIDED IN PARAGRAPH (IV) OF SUBDIVISION (D)
OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART. FOR PURPOSES OF THIS
PARAGRAPH, "PLACEMENT AGENCY" SHALL REFER TO THE COMMISSIONER OF SOCIAL
SERVICES OR AN AUTHORIZED AGENCY UNDER CONTRACT WITH THE COMMISSIONER OF
THE LOCAL SOCIAL SERVICES DISTRICT WITH WHOM THE RESPONDENT HAS BEEN
PLACED. 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 PLACEMENT AGENCY HAS TAKEN AND WILL BE
TAKING IN CONJUNCTION WITH THE LOCAL EDUCATION AGENCY TO ENSURE THE
IMMEDIATE ENROLLMENT OF THE RESPONDENT IN AN APPROPRIATE SCHOOL OR
EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA WITHIN FIVE BUSI-
NESS DAYS OF RELEASE OR, IF SUCH RELEASE OCCURS DURING THE SUMMER
RECESS, IMMEDIATELY UPON THE COMMENCEMENT OF THE NEXT SCHOOL TERM. THE
PLACEMENT AGENCY SHALL ASCERTAIN THE SCHOOL CALENDAR FROM THE SCHOOL
DISTRICT AND SHALL, TO THE EXTENT POSSIBLE, WORK WITH THE SCHOOL
DISTRICT SO THAT THE TIMING OF RESPONDENT'S RELEASE FROM THE PROGRAM AND
ENROLLMENT IN SCHOOL ARE MINIMALLY DISRUPTIVE FOR THE RESPONDENT AND
FURTHER HIS OR HER BEST INTERESTS. NOT LESS THAN FOURTEEN DAYS PRIOR TO
THE RESPONDENT'S RELEASE, THE PLACEMENT AGENCY SHALL NOTIFY THE SCHOOL
DISTRICT WHERE THE RESPONDENT WILL BE ATTENDING SCHOOL AND TRANSFER ALL
NECESSARY RECORDS, INCLUDING BUT NOT LIMITED TO, THE RESPONDENT'S COURSE
OF STUDY, CREDITS EARNED AND ACADEMIC RECORD.
(2) IF THE PLACEMENT 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
ACCORDANCE WITH ARTICLE EIGHTY-NINE OF THE EDUCATION LAW, SUCH PLAN
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE STEPS THAT THE PLACEMENT AGEN-
CY HAS TAKEN AND WILL BE TAKING TO ENSURE THAT THE LOCAL EDUCATION AGEN-
CY 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
LEADING TO A HIGH SCHOOL DIPLOMA, SUCH PLAN SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE STEPS THAT THE PLACEMENT AGENCY HAS TAKEN AND WILL BE
TAKING TO ASSIST THE RESPONDENT TO BECOME GAINFULLY EMPLOYED OR TO BE
ENROLLED IN A VOCATIONAL PROGRAM IMMEDIATELY UPON RELEASE.
S 9. Section 756 of the family court act is amended by adding a new
subdivision (d) to read as follows:
(D)(I) 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:
(1) A DESCRIPTION OF THE VISITATION PLAN, INCLUDING ANY PLANS FOR
VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
A. 2601 8
(2) 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 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 DISPOSI-
TION WAS MADE; AND
(3) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS
LEGALLY RESPONSIBLE FOR CARE OF 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.
(II) A COPY OF THE COURT'S ORDER AND ATTACHMENTS SHALL BE GIVEN TO THE
RESPONDENT AND HIS OR HER ATTORNEY AND TO THE RESPONDENT'S 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
TWENTY-TWO MONTHS, THE AGENCY WITH WHICH THE RESPONDENT IS PLACED MAY BE
REQUIRED BY LAW TO FILE A PETITION TO TERMINATE THE PARENTAL RIGHTS OF
THE PARENT OR PARENTS OF THE RESPONDENT.
S 10. Subdivision (a), subdivision (b) and the opening paragraph and
paragraphs (ii), (iii) and (iv) of subdivision (d) of section 756-a of
the family court act, subdivision (a) as amended by chapter 309 of the
laws of 1996, subdivision (b) and the opening paragraph and paragraphs
(ii), (iii) and (iv) of subdivision (d) 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 subdivision (d) to read as follows:
(a) In any case in which the [child] RESPONDENT has been placed pursu-
ant to section seven hundred fifty-six OF THIS PART, the [child]
RESPONDENT, the person with whom the [child] RESPONDENT has been placed
or the LOCAL commissioner of social services may petition the court to
extend such placement. Such petition shall be filed at least sixty days
prior to the expiration of the period of placement, except for good
cause shown, but in no event shall such petition be filed after the
original expiration date. THE PETITION SHALL BE ACCOMPANIED BY A
PERMANENCY REPORT THAT CONFORMS TO THE REQUIREMENTS OF PARAGRAPH (III)
OF SUBDIVISION (A) OF SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART.
(b) The court shall conduct a permanency hearing concerning the need
for continuing the placement. The [child] RESPONDENT, the person with
whom the [child] RESPONDENT has been placed and the LOCAL commissioner
of social services shall be notified of such hearing and shall have the
right to be heard thereat. A COPY OF THE PETITION AND ACCOMPANYING
PERMANENCY REPORT SHALL BE SERVED ON THE RESPONDENT'S ATTORNEY.
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, WHICH MAY INCLUDE A PERIOD OF POST-RELEASE SUPERVISION AND AFTER-
CARE, OR MAY DIRECT THAT THE RESPONDENT BE PLACED ON PROBATION FOR NOT
MORE THAN ONE YEAR, PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SEVEN OF
THIS PART, OR MAY ORDER THAT THE PETITION FOR AN EXTENSION OF PLACEMENT
BE DISMISSED. 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;
A. 2601 9
(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
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 PLACEMENT 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 11. 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)(I) IF THE ORDER FROM THE PERMANENCY HEARING EXTENDS THE RESPOND-
ENT'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:
(1) A DESCRIPTION OF THE VISITATION PLAN, INCLUDING ANY PLANS FOR
VISITATION AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
(2) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
(3) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS
LEGALLY RESPONSIBLE FOR THE CARE OF 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
REPRESENTATIVE OR COMPANION WITH THEM.
(II) A COPY OF THE COURT'S ORDER AND THE SERVICE PLAN SHALL BE GIVEN
TO THE RESPONDENT AND HIS OR HER ATTORNEY AND TO THE RESPONDENT'S 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 FOSTER CARE 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. This act shall take effect on the ninetieth day after it shall
have become a law.