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This entry was published on 2021-12-31
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SECTION 1088
Continuing court jurisdiction
Family Court Act (FCT) CHAPTER 686, ARTICLE 10-A
§ 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.