§ 1088. Continuing court jurisdiction. (a) If a child is placed
pursuant to section three hundred fifty-eight-a, three hundred
eighty-four, or three hundred eighty-four-a of the social services law,
or pursuant to section one thousand seventeen, one thousand twenty-two,
one thousand twenty-seven, one thousand fifty-two, one thousand
eighty-nine, one thousand ninety-one, one thousand ninety-four or one
thousand ninety-five 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 six
hundred thirty-one of this act or 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.

(b) 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.

(c) The court shall also maintain jurisdiction over a case for
purposes of hearing a motion to permit a former foster care youth, as
defined in article ten-B of this act, to return to the custody of the
social services district from which the youth was most recently
discharged or, in the case of a youth previously placed with the office
of children and family services for placement, to be placed in the
custody of the social services district of the child's residence or, in
the case of a child freed for adoption, the authorized agency into whose
custody and guardianship the child has been placed.

* (d) (i) Subject to the provisions of paragraph (ii) of this
subdivision, the court shall also maintain jurisdiction over a case for
purposes of hearing a motion brought by a former foster care youth, as
defined in article ten-B of this act, or by a young adult who left
foster care upon or after attaining the age of twenty-one, for contempt
pursuant to section seven hundred fifty-three of the judiciary law,
against a social services district and/or social services official, as
defined in section two of the social services law. In addition to any
other defense, it shall be an affirmative defense to a motion filed in
accordance with this paragraph that compliance with the court order was
not possible due solely to the youth's refusal to consent to
continuation of foster care placement where such refusal is documented
in a signed, notarized letter executed by the youth after consultation
with their attorney for the child.

(ii) The court shall maintain jurisdiction over a motion described in
paragraph (i) of this subdivision if such motion is filed before the
former foster care youth or young adult attains the age of twenty-three.
The court's jurisdiction over any such motion shall continue until such
motion and any related appeals are finally resolved.

(iii) If the youth is eligible to return to foster care pursuant to
the provisions of article ten-B of this act, upon the consent of the
youth, the court may convert a motion brought under this subdivision to
a motion to return the youth to foster care.

* NB Effective June 19, 2025