LBD10670-02-9
S. 6535 2
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.
§ 3. 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 THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR THE COMMISSIONER OF SOCIAL SERVICES PURSUANT TO
SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION, THE DISPOSITIONAL ORDER
OR AN ATTACHMENT TO THE ORDER INCORPORATED BY REFERENCE INTO THE ORDER
SHALL INCLUDE:
(A) A DESCRIPTION OF THE PLAN TO FACILITATE VISITATION, INCLUDING ANY
PLANS FOR VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS. IF THE
VISITATION PLAN HAS NOT YET BEEN DEVELOPED, THEN THE VISITATION 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 DISPOSITION WAS MADE; AND
(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 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 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
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; AND, FURTHER, THAT THE RESPONDENT, IF
FOURTEEN YEARS OF AGE OR OLDER, BE INVOLVED IN THE DEVELOPMENT OF PLANS
AS REQUIRED BY FEDERAL LAW.
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.
§ 4. Paragraphs (a), (b) and (c) of subdivision 7 of section 353.3 of
the family court act, paragraphs (a) and (b) as amended by section 6 of
S. 6535 3
part G of chapter 58 of the laws of 2010, and paragraph (c) as amended
by section 16 of part L of chapter 56 of the laws of 2015, are amended
to read as follows:
(a) Where the respondent is placed pursuant to subdivision two [or],
TWO-A, 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 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],
TWO-A, three OR FOUR of this section and where the agency is seeking an
extension 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],
TWO-A, 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, or to another
permanency alternative as provided in paragraph (d) of subdivision seven
of section 355.5 of this part. FOR PURPOSES OF THIS PARAGRAPH, "PLACE-
MENT AGENCY" SHALL REFER TO THE OFFICE OF CHILDREN AND FAMILY SERVICES,
THE COMMISSIONER OF SOCIAL SERVICES OR THE AUTHORIZED AGENCY UNDER
CONTRACT WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES OR COMMISSIONER
OF SOCIAL SERVICES 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 THE RESPONDENT'S
RELEASE FROM THE PROGRAM AND ENROLLMENT IN SCHOOL ARE MINIMALLY DISRUP-
TIVE 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 ACADEM-
IC 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.
S. 6535 4
(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
become gainfully employed or enrolled in a vocational program following
release.
§ 5. The opening paragraph of subdivision 2, the opening paragraph of
subdivision 3, subdivisions 5 and 6, and paragraph (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 as added by chapter 7 of
the laws of 1999, subdivision 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 section 18 of part L of chapter 56 of the laws of 2015, 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,
TWO-A, THREE OR FOUR OF section 353.3 of this [article] PART for a peri-
od 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,
TWO-A, THREE OR FOUR OF section 353.3 of this [article] PART for a peri-
od 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 HEARING REPORT THAT CONTAINS THE INFORMATION
REQUIRED BY SUBDIVISION SEVEN OF SECTION 353.3 OF THIS PART AND SUBDIVI-
SION (C) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT REGARDING THE
DETERMINATIONS THAT THE COURT MUST MAKE IN ACCORDANCE WITH SUBDIVISION
SEVEN OF THIS SECTION.
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, AS WELL AS
THE RESPONDENT'S PARENTS AND OTHER PERSONS LEGALLY RESPONSIBLE FOR THE
RESPONDENT'S CARE, shall be provided with notice of any permanency hear-
ing held pursuant to this section by the office of children and family
services or the 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
S. 6535 5
hearing nor shall such failure to appear be a ground for the invali-
dation of any order issued by the court pursuant to this section.
(d) with regard to the completion of placement ordered by the court
pursuant to section 353.3 or 355.3 of this part: whether and when the
respondent: (i) will be returned to the parent OR PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR THE RESPONDENT'S CARE; (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 permanently with
a fit and willing relative; or (v) should be placed in another planned
permanent living arrangement with a significant connection to an adult
willing to be a permanency resource for the respondent if the respondent
is age sixteen or older and (A) the office of children and family
services or the local commissioner of social services has documented to
the court: (1) the intensive, ongoing, and, as of the date of the hear-
ing, unsuccessful efforts made to return the respondent home or secure a
placement for the respondent with a fit and willing relative including
adult siblings, a legal guardian, or an adoptive parent, including
through efforts that utilize search technology including social media to
find biological family members for children, (2) the steps being taken
to ensure that (I) the respondent's foster family home or child care
facility is following the reasonable and prudent parent standard in
accordance with guidance provided by the United States department of
health and human services, and (II) the respondent has regular, ongoing
opportunities to engage in age or developmentally appropriate activities
including by consulting with the respondent in an age-appropriate manner
about the opportunities of the respondent to participate in activities;
and (B) the office of children and family services or the local commis-
sioner of social services has documented to the court and the court has
determined that there are compelling reasons for determining that it
continues to 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 (C) the court has made a determination explaining why, as
of the date of this hearing, another planned living arrangement with a
significant connection to an adult willing to be a permanency resource
for the respondent is the best permanency plan for the respondent; 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, INCLUDING ANY
PLANS FOR VISITS 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'S CARE SHALL BE NOTIFIED
OF ANY PLANNING CONFERENCES, INCLUDING THOSE HELD PURSUANT TO SUBDIVI-
SION 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 AND, FURTHER, THAT THE
RESPONDENT, IF FOURTEEN YEARS OF AGE OR OLDER, BE INVOLVED IN THE DEVEL-
OPMENT OF PLANS AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION SEVEN OF
THIS SECTION.
S. 6535 6
(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 FROM FOSTER CARE TO
SUCCESSFUL ADULTHOOD, THE COURT MAY INCLUDE IN ITS ORDER A DIRECTION FOR
A LOCAL SOCIAL SERVICES, MENTAL HEALTH OR PROBATION OFFICIAL OR AN OFFI-
CIAL OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR OFFICE OF MENTAL
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 OFFI-
CIAL TO MAKE PERIODIC PROGRESS REPORTS TO THE COURT ON THE IMPLEMENTA-
TION OF SUCH ORDER. VIOLATION OF SUCH ORDER SHALL BE SUBJECT TO PUNISH-
MENT 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'S CARE. 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.
§ 6. Section 736 of the family court act is amended by adding a new
subdivision 5 to read as follows:
(5) 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 PARENT TO APPEAR SHALL NOT BE CAUSE
FOR DELAY OF THE PROCEEDINGS.
§ 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. [Provided, however, that in] IN the event of the failure 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 commencement 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
S. 6535 7
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 PETI-
TION. THE ATTORNEY SHALL, BY SEPARATE APPLICATION, BE ENTITLED TO
COMPENSATION FOR SERVICES RENDERED AFTER THE DISPOSITION OF THE PETI-
TION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY
OF THE COURT TO REMOVE AN ATTORNEY FROM HIS OR HER ASSIGNMENT.
§ 8. Section 756 of the family court act is amended by adding two new
subdivisions (f) and (g) to read as follows:
(F) 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. IF THE VISITATION
PLAN HAS NOT YET BEEN DEVELOPED, THEN THE VISITATION 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 SEVEN DAYS FROM
THE DATE THE DISPOSITION WAS MADE;
(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 SEVEN 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 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 AND, FURTHER, THAT THE RESPONDENT,
IF FOURTEEN YEARS OF AGE OR OLDER, BE INVOLVED IN THE DEVELOPMENT OF
PLANS AS REQUIRED BY PARAGRAPH (II) OF SUBDIVISION (D-1) OF SECTION
SEVEN HUNDRED FIFTY-SIX-A OF THIS PART.
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.
(G) WHERE THE RESPONDENT HAS BEEN PLACED PURSUANT TO THIS SECTION, THE
LOCAL COMMISSIONER OF SOCIAL SERVICES OR THE RELATIVE OR SUITABLE PERSON
WITH WHOM THE RESPONDENT HAS BEEN PLACED SHALL SUBMIT A REPORT TO THE
COURT, THE ATTORNEY FOR THE RESPONDENT AND THE PRESENTMENT AGENCY, IF
S. 6535 8
ANY, NOT LATER THAN FIFTEEN DAYS PRIOR TO THE CONCLUSION OF THE PLACE-
MENT PERIOD, WHICH, AMONG OTHER INFORMATION, CONTAINS 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. THE PLAN FOR THE RESPONDENT'S RELEASE 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 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 THE 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 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.
§ 9. Subdivisions (a), (b), (d) and paragraph (v) of subdivision (d-1)
of section 756-a of the family court act, as amended by section 14-a of
part K of chapter 56 of the laws of 2019, are amended, subdivision (d-1)
is amended by adding a new paragraph (vi) and three new subdivisions
(h), (i), and (j) are added to read as follows:
(a) In any case in which the [child] RESPONDENT has been placed pursu-
ant to [paragraph (iii) of paragraph (a) of] section seven hundred
fifty-six of this part, the [child] RESPONDENT, the person with whom the
[child] RESPONDENT has been placed or the commissioner of social
services may petition the court to extend such placement, as provided
for in this section. Such petition, ACCOMPANIED BY A PERMANENCY HEARING
REPORT, shall be filed at least fifteen days prior to the expiration of
the initial placement and at least thirty days prior to the expiration
of the period of any additional placement authorized pursuant to this
section, except for good cause shown, but in no event shall such peti-
tion AND PERMANENCY HEARING REPORT be filed after the original expira-
tion date.
S. 6535 9
(I) THE PERMANENCY HEARING REPORT SHALL CONTAIN THE INFORMATION
REQUIRED BY SUBDIVISION (C) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS
ACT AND SHALL CONTAIN RECOMMENDATIONS AND SUCH SUPPORTING DATA AS IS
APPROPRIATE REGARDING THE DETERMINATIONS THAT THE COURT MUST MAKE IN
ACCORDANCE WITH SUBDIVISION (D-1) OF THIS SECTION. THE PERMANENCY HEAR-
ING REPORT SHALL INCLUDE, BUT IS 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 FOR THE RESPONDENT'S CARE,
OR TO ANOTHER PERMANENCY ALTERNATIVE AS PROVIDED IN PARAGRAPH (IV) OF
SUBDIVISION (D-1) OF THIS SECTION. 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 SOCIAL
SERVICES 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 THE 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.
(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 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 HEARING REPORT SHALL BE SERVED ON THE RESPONDENT'S ATTORNEY
AND UPON THE RESPONDENT'S PARENT OR PARENTS.
S. 6535 10
(d) (i) At the conclusion of the first permanency hearing the court
may, in its discretion, order one extension of the placement for not
more than six months;
(ii) At the conclusion of the second permanency hearing, the court
may, in its discretion, order one extension of placement for not more
than four months unless:
(A) The attorney for the child, at the request of the child, seeks an
additional length of stay for the child in such program. If a request is
made pursuant to this subparagraph, the court shall determine whether to
grant such request based on the best interest of the child; or
(B) The court finds that extenuating circumstances [exists] EXIST that
necessitate THAT the child be placed out of the home.
(III) AN EXTENSION OF PLACEMENT UNDER THIS SECTION MAY INCLUDE A PERI-
OD OF POST-RELEASE SUPERVISION AND AFTERCARE;
(v) where the child will not be returned home, consideration of appro-
priate in-state and out-of-state placements[.]; AND
(VI) WITH REGARD TO THE PLACEMENT OR EXTENSION OF PLACEMENT ORDERED BY
THE COURT PURSUANT TO SUBDIVISION (D) OF THIS SECTION, THE STEPS THAT
MUST BE TAKEN BY THE AGENCY WITH WHICH THE RESPONDENT IS PLACED TO
IMPLEMENT THE PLAN FOR RELEASE SUBMITTED PURSUANT TO PARAGRAPH (I) OF
SUBDIVISION (A) OF SUCH SECTION, THE ADEQUACY OF SUCH PLAN AND ANY
MODIFICATIONS THAT SHOULD BE MADE TO SUCH PLAN.
(H) 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 PLAN TO FACILITATE VISITATION, INCLUDING ANY
PLANS FOR VISITS 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'S CARE SHALL BE NOTIFIED
OF ANY PLANNING CONFERENCES, INCLUDING THOSE HELD PURSUANT TO SUBDIVI-
SION 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 AND, FURTHER, THAT THE
RESPONDENT, IF FOURTEEN YEARS OF AGE OR OLDER, BE INVOLVED IN THE DEVEL-
OPMENT OF PLANS AS REQUIRED BY PARAGRAPH (II) OF SUBDIVISION (D-1) OF
THIS SECTION.
(I) 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 WOULD MAKE IT
POSSIBLE FOR THE RESPONDENT TO SAFELY RETURN HOME OR TO MAKE THE TRANSI-
TION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD, 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 MENTAL 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.
S. 6535 11
(J) 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'S CARE. 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.
§ 10. This act shall take effect on the first day of January next
succeeding the date on which it shall have become a law; provided,
however, that if part K of chapter 56 of the laws of 2019 shall not have
taken effect on or before such date then sections eight and nine of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2019 takes effect.