§ 1089. Permanency hearings. (a) Scheduling, commencement and
completion of permanency hearings. (1) Children freed for adoption. (i)
At the conclusion of the dispositional hearing at which the child was
freed for adoption in a proceeding pursuant to section three hundred
eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
of the social services law, the court shall set a date certain for the
initial freed child permanency hearing and advise all parties in court
of the date set, except for the respondent or respondents. The
permanency hearing shall be commenced no later than thirty days after
the hearing at which the child was freed and shall be completed within
thirty days, unless the court determines to hold the permanency hearing
immediately upon completion of the hearing at which the child was freed,
provided adequate notice has been given.

(ii) At the conclusion of the hearing pursuant to section one thousand
ninety-one of this act where the court has granted the motion for a
former foster care youth 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 officer, board or
department authorized to receive children as public charges, the court
shall set a date certain for a permanency hearing and advise all parties
in court of the date set. The permanency hearing shall be commenced no
later than thirty days after the hearing at which the former foster care
youth was returned to foster care.

(2) All other permanency hearings. At the conclusion of the hearing
pursuant to section 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 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 hearing, 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 placement issued pursuant to section
one thousand fifty-five of this act, shall include the date certain for
the permanency hearing. The initial permanency 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 hearing
shall be completed within thirty days of the scheduled date certain.

(3) Subsequent permanency hearings for a child who continues in
out-of-home placement or who is freed for adoption shall be scheduled
for a date certain which shall be no later than six months from the
completion of the previous permanency hearing and such subsequent
permanency hearings shall be completed within thirty days of the date
certain set for such hearings.

(b) Notice of permanency hearings. (1) No later than fourteen days
before the date certain for a permanency hearing scheduled pursuant to
this section, the local social services district shall serve the notice
of the permanency hearing and the permanency hearing report by regular
mail upon:

(i) the child's parent, including any non-respondent parent, unless
the parental rights of the parent have been terminated or surrendered
and any other person legally responsible for the child's care at the
most recent address or addresses known to the local social services
district or agency, and the foster parent in whose home the child
currently resides, each of whom shall be a party to the proceeding;

(ii) the agency supervising the care of the child on behalf of the
social services district with whom the child was placed, the child's
attorney, and the attorney for the respondent parent; and

(iii) the attorney for the child.

(1-a) If the child is age ten or older, no later than fourteen days
before the date certain for a permanency hearing scheduled pursuant to
this section, the local social services district shall serve the notice
of the permanency hearing by regular mail upon the child. Nothing herein
shall be deemed to prevent an attorney for the child from consulting
with the child about the child's participation in the permanency hearing
as required by section one thousand ninety-a of this article prior to
the service of the notice required pursuant to this paragraph.

(2) The notice and the permanency hearing report shall also be
provided to any pre-adoptive parent or relative providing care for the
child and shall be submitted to the court. The notice of the permanency
hearing only shall be provided to a former foster parent in whose home
the child previously had resided for a continuous period of twelve
months in foster care, if any, unless the court, on motion of any party
or on its own motion, dispenses with such notice on the basis that such
notice would not be in the child's best interests. However, such
pre-adoptive parent, relative, or former foster parent, on the basis of
such notice, shall have the right to be heard but shall not be a party
to the permanency hearing. The failure of such pre-adoptive parent,
relative or former foster parent to appear at a permanency hearing shall
constitute a waiver of the right to be heard. Such failure to appear
shall not cause a delay of the permanency hearing nor be a ground for
the invalidation of any order issued by the court pursuant to this
section.

(c) Content of the permanency hearing report. The permanency hearing
report shall include, but need not be limited to, up-to-date and
accurate information regarding:

(1) the child's current permanency goal, which may be:

(i) return to the parent or parents;

(ii) placement for adoption with the local social services official
filing a petition for termination of parental rights;

(iii) referral for legal guardianship;

(iv) permanent placement with a fit and willing relative; or

(v) placement in another planned permanent living arrangement that
includes a significant connection to an adult who is willing to be a
permanency resource for the child if the child is age sixteen or older,
including documentation of: (A) intensive, ongoing, and, as of the date
of the hearing, unsuccessful efforts to return the child home or secure
a placement for the child 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, (B) the steps being taken
to ensure that (I) the child's foster family home or child care facility
is following the reasonable and prudent parent standard in accordance
with the guidance provided by the United States department of health and
human services, and (II) the child has regular, ongoing opportunities to
engage in age or developmentally appropriate activities including by
consulting with the child in an age-appropriate manner about the
opportunities of the child to participate in activities, and (C) the
compelling reasons for determining that it continues to not be in the
best interests of the child to be returned home, placed for adoption,
placed with a legal guardian, or placed with a fit and willing relative;

(2) the health, well-being, and status of the child since the last
hearing including:

(i) a description of the child's health and well-being;

(ii) information regarding the child's current placement;

(iii) an update on the educational and other progress the child has
made since the last hearing including a description of the steps that
have been taken by the local social services district or agency to
enable prompt delivery of appropriate educational and vocational
services to the child, including, but not be limited to:

(A) where the child is subject to article sixty-five of the education
law or elects to participate in an educational program leading to a high
school diploma, the steps that the local social services district or
agency has taken to promptly enable the child to be enrolled or to
continue enrollment in an appropriate school or educational program
leading to a high school diploma;

(B) where the child is eligible to be enrolled in a pre-kindergarten
program pursuant to section thirty-six hundred two-e of the education
law, the steps that the local social services district or agency has
taken to promptly enable the child to be enrolled in an appropriate
pre-kindergarten program, if available;

(C) where the child is under three years of age and is involved in an
indicated case of child abuse or neglect, or where the local social
services district suspects that the child may have a disability as
defined in subdivision five of section twenty-five hundred forty-one of
the public health law or if the child has been found eligible to receive
early intervention or special educational services prior to or during
the foster care placement, in accordance with title two-A of article
twenty-five of the public health law or article eighty-nine of the
education law, the steps that the local social services district or
agency has taken to make any necessary referrals of the child for early
intervention, pre-school special educational or special educational
evaluations or services, as appropriate, and any available information
regarding any evaluations and services which are being provided or are
scheduled to be provided in accordance with applicable law; and

(D) where the child is at least sixteen and 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, the steps that the
local social services district has taken to assist the child to become
gainfully employed or enrolled in a vocational program;

(iv) a description of the visitation plan or plans describing the
persons with whom the child visits, including any siblings, and the
frequency, duration and quality of the visits;

(v) where a child has attained the age of fourteen, a description of
the services and assistance that are being provided to enable the child
to learn independent living skills; and

(vi) a description of any other services being provided to the child;

(3) the status of the parent, including:

(i) the services that have been offered to the parent to enable the
child to safely return home;

(ii) the steps the parent has taken to use the services;

(iii) any barriers encountered to the delivery of such services;

(iv) the progress the parent has made toward reunification; and

(v) a description of any other steps the parent has taken to comply
with and achieve the permanency plan, if applicable.

(4) a description of the reasonable efforts to achieve the child's
permanency plan that have been taken by the local social services
district or agency since the last hearing. The description shall
include:

(i) unless the child is freed for adoption or there has been a
determination by a court that such efforts are not required pursuant to
section one thousand thirty-nine-b of this act, the reasonable efforts
that have been made by the local social services district or agency to
eliminate the need for placement of the child and to enable the child to
safely return home, including a description of any services that have
been provided;

(ii) where the permanency plan is adoption, guardianship, placement
with a fit and willing relative or another planned permanent living
arrangement other than return to parent, the reasonable efforts that
have been made by the local social services district or agency to make
and finalize such alternate permanent placement, including a description
of any services that have been provided and a description of the
consideration of appropriate in-state and out-of-state placements;

(iii) where return home of the child is not likely, the reasonable
efforts that have been made by the local social services district or
agency to evaluate and plan for another permanent plan, including
consideration of appropriate in-state and out-of-state placements, and
any steps taken to further a permanent plan other than return to the
child's parent; or

(iv) where a child has been freed for adoption, a description of the
reasonable efforts that will be taken to facilitate the adoption of the
child; and

(5) the recommended permanency plan including:

(i) a recommendation regarding whether the child's current permanency
goal should be continued or modified, the reasons therefor, and the
anticipated date for meeting the goal;

(ii) a recommendation regarding whether the child's placement should
be extended and the reasons for the recommendation;

(iii) any proposed changes in the child's current placement, trial
discharge or discharge that may occur before the next permanency
hearing;

(iv) a description of the steps that will be taken by the local social
services district or agency to continue to enable prompt delivery of
appropriate educational and vocational services to the child in his or
her current placement and during any potential change in the child's
foster care placement, during any trial discharge, and after discharge
of the child in accordance with the plans for the child's placement
until the next permanency hearing;

(v) whether any modification to the visitation plan or plans is
recommended and the reasons therefor;

(vi) where a child has attained the age of fourteen or will attain the
age of fourteen before the next permanency hearing, a description of the
services and assistance that will be provided to enable the child to
learn independent living skills;

(vii) where a child has been placed outside this state, whether the
out-of-state placement continues to be appropriate, necessary and in the
best interests of the child;

(viii) where return home of the child is not likely, the efforts that
will be made to evaluate or plan for another permanent plan, including
consideration of appropriate in-state and out-of-state placements; and

(ix) in the case of a child who has been freed for adoption:

(A) a description of services and assistance that will be provided to
the child and the prospective adoptive parent to expedite the adoption
of the child;

(B) information regarding the child's eligibility for adoption subsidy
pursuant to title nine of article six of the social services law; and

(C) if the child is over age fourteen and has voluntarily withheld his
or her consent to an adoption, the facts and circumstances regarding the
child's decision to withhold consent and the reasons therefor; and

(6) Where the child remains placed in a qualified residential
treatment program, as defined in section four hundred nine-h of the
social services law, the commissioner of the social services district
with legal custody of the child shall submit evidence at the permanency
hearing with respect to the child:

(i) demonstrating that ongoing assessment of the strengths and needs
of the child continues to support the determination that the needs of
the child cannot be met through placement in a foster family home, that
the placement in a qualified residential treatment program provides the
most effective and appropriate level of care for the child in the least
restrictive environment, and that the placement is consistent with the
short-term and long-term goals for the child, as specified in the
child's permanency plan;

(ii) documenting the specific treatment or service needs that will be
met for the child in the placement and the length of time the child is
expected to need the treatment or services; and

(iii) documenting the efforts made by the local social services
district to prepare the child to return home, or to be placed with a fit
and willing relative, legal guardian or adoptive parent, or in a foster
family home.

(d) Evidence, court findings and order. The provisions of subdivisions
(a) and (c) of section one thousand forty-six of this act shall apply to
all proceedings under this article. The permanency hearing shall include
an age appropriate consultation with the child; provided, however that
if the child is age sixteen or older and the requested permanency plan
for the child is placement in another planned permanent living
arrangement with a significant connection to an adult willing to be a
permanency resource for the child, the court must ask the child about
the desired permanency outcome for the child. At the conclusion of each
permanency hearing, the court shall, upon the proof adduced, and in
accordance with the best interests and safety of the child, including
whether the child would be at risk of abuse or neglect if returned to
the parent or other person legally responsible, determine and issue its
findings, and enter an order of disposition in writing:

(1) directing that the placement of the child be terminated and the
child returned to the parent or other person legally responsible for the
child's care with such further orders as the court deems appropriate; or

(2) where the child is not returned to the parent or other person
legally responsible:

(i) whether the permanency goal for the child should be approved or
modified and the anticipated date for achieving the goal. The permanency
goal may be determined to be:

(A) return to parent;

(B) placement for adoption with the local social services official
filing a petition for termination of parental rights;

(C) referral for legal guardianship;

(D) permanent placement with a fit and willing relative; or

(E) placement 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 child is age sixteen or older and the
court has determined that as of the date of the permanency hearing,
another planned permanency living arrangement with a significant
connection to an adult willing to be a permanency resource for the child
is the best permanency plan for the child and there are compelling
reasons for determining that it continues to not be in the best
interests of the child 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;

(ii) placing the child in the custody of a fit and willing relative or
other suitable person, or continuing the placement of the child until
the completion of the next permanency hearing, provided, however, that
no placement may be continued under this section beyond the child's
eighteenth birthday without his or her consent and in no event past the
child's twenty-first birthday; provided, however, that a former foster
youth who was previously discharged from foster care due to a failure to
consent to continuation of placement may be returned to the custody of
the local commissioner of social services or other officer, board or
department authorized to receive children as public charges if the court
has granted the motion of the former foster care youth or local social
services official upon a finding that the youth has no reasonable
alternative to foster care and has consented to enrollment in and
attendance at a vocational or educational program in accordance with
section one thousand ninety-one of this act;

(iii) determining whether reasonable efforts have been made to
effectuate the child's permanency plan as follows:

(A) unless the child is freed for adoption or there has been a
determination by a court that such efforts are not required pursuant to
section one thousand thirty-nine-b of this act, whether reasonable
efforts have been made to eliminate the need for placement of the child
and to enable the child to safely return home;

(B) where the permanency plan is adoption, guardianship, placement
with a fit and willing relative or another planned permanent living
arrangement other than return to parent, whether reasonable efforts have
been made to make and finalize such alternate permanent placement,
including consideration of appropriate in-state and out-of-state
placements;

(iv) where return home of the child is not likely, what efforts should
be made to evaluate or plan for another permanent plan, including
consideration of appropriate in-state and out-of-state placements;

(v) the steps that must be taken by the local social services official
or agency to implement the educational and vocational program components
of the permanency hearing report submitted pursuant to subdivision (c)
of this section, and any modifications that should be made to such plan;

(vi) specifying the date certain for the next scheduled permanency
hearing;

(vii) where placement of the child is extended, such order shall also
include:

(A) a description of the visitation plan or plans;

(B) where the child is not freed for adoption, a direction that the
child's parent or parents, including any non-respondent parent or other
person legally responsible for the child's care shall be notified of the
planning conference or conferences to be held pursuant to subdivision
three of section four hundred nine-e of the social services law and
notification of their right to attend such conference or conferences and
their right to have counsel or another representative with them;

(C) where the child is not freed for adoption, a direction that the
parent or other person legally responsible for the child's care keep the
local social services district or agency apprised of his or her current
whereabouts and a current mailing address;

(D) where the child is not freed for adoption, a notice that if the
child remains in foster care for fifteen of the most recent twenty-two
months, the local social services district or agency may be required by
law to file a petition to terminate parental rights;

(E) where a child has been freed for adoption and is over age fourteen
and has voluntarily withheld his or her consent to an adoption, the
facts and circumstances with regard to the child's decision to withhold
consent and the reasons therefor;

(F) where a child has been placed outside of this state, whether the
out-of-state placement continues to be appropriate, necessary and in the
best interests of the child;

(G) where a child has or will before the next permanency hearing reach
the age of fourteen, (I) the services and assistance necessary to assist
the child in learning independent living skills to assist the child to
make the transition from foster care to successful adulthood; and (II)
A. that the permanency plan developed for the child in foster care who
has attained the age of fourteen, and any revision or addition to the
plan, shall be developed in consultation with the child and, at the
option of the child, with up to two members of the child's permanency
planning team who are selected by the child and who are not a foster
parent of, or the case worker, case planner or case manager for, the
child except that the local commissioner of social services with custody
of the child may reject an individual so selected by the child if such
local commissioner has good cause to believe that the individual would
not act in the best interests of the child, and B. that one individual
so selected by the child may be designated to be the child's advisor
and, as necessary, advocate, with respect to the application of the
reasonable and prudent parent standard to the child; and

(H) (I) a direction that the social services official or authorized
agency charged with care and custody or guardianship and custody of the
child, as applicable, report any anticipated change in placement to the
court and the attorneys for the parties, including the attorney for the
child, forthwith, but not later than one business day following either
the decision to change the placement or the actual date the placement
change occurred, whichever is sooner. Such notice shall indicate the
date that the placement change is anticipated to occur or the date the
placement change occurred, as applicable. Provided, however, if such
notice lists an anticipated date for the placement change, the local
social services district or authorized agency shall subsequently notify
the court and attorneys for the parties, including the attorney for the
child, of the date the placement change occurred; such notice shall
occur no later than one business day following the placement change; and

(II) When a child whose legal custody was transferred to the
commissioner of a local social services district in accordance with this
section resides in a qualified residential treatment program as defined
in section four hundred nine-h of the social services law and where such
child's initial placement or change in placement in such program
commenced on or after September twenty-ninth, two thousand twenty-one,
upon receipt of notice required pursuant to item (I) of this clause and
motion of the local social services district, the court shall schedule a
court review to make an assessment and determination of such placement
in accordance with section three hundred ninety-three of the social
services law or section one thousand fifty-five-c, one thousand
ninety-one-a or one thousand ninety-seven of this chapter.
Notwithstanding any other provision of law to the contrary, such court
review shall occur no later than sixty days from the date the placement
of the child in the qualified residential treatment program commenced.

(viii) any other findings or orders that the court deems appropriate,
which may include:

(A) Whether the court should issue any orders for services in the
manner specified in section one thousand fifteen-a of this act in order
to achieve the permanency plan and, if so, what services should be
ordered.

(B) Where a child has been freed for adoption, the order may also:

(I) direct that such child be placed for adoption in the foster family
home where he or she resides or has resided or with any other suitable
person or persons;

(II) direct the local social services district to provide services or
assistance to the child and the prospective adoptive parent authorized
or required to be made available pursuant to the comprehensive annual
services program plan then in effect. Such order shall include, where
appropriate, the evaluation of eligibility for adoption subsidy pursuant
to title nine of article six of the social services law, but shall not
require the provision of such subsidy. Violation of such an order shall
be subject to punishment pursuant to section seven hundred fifty-three
of the judiciary law; and

(III) recommend that the office of children and family services
investigate the facts and circumstances concerning the discharge of
responsibilities for the care and welfare of such child by a local
social services district pursuant to section three hundred ninety-five
of the social services law; and

(IV) recommend that the attorney for the child, local social services
district or agency file a petition pursuant to part one-A of article six
of this act to restore the parental rights of a child who has been freed
for adoption.

* (C) Where the permanency goal is return to parent and it is
anticipated that the child may be returned home before the next
scheduled permanency hearing, the court may provide the local social
services district with authority to finally discharge the child to the
parent without further court hearing, provided that ten days prior
written notice is served upon the court and child's attorney. If the
court on its own motion or the child's attorney on motion to the court
does not request the matter to be brought for review before final
discharge, no further permanency hearings will be required. The local
social services district may also discharge the child on a trial basis
to the parent unless the court has prohibited such trial discharge or
unless the court has conditioned such trial discharge on another event.
For the purposes of this section, trial discharge shall mean that the
child is physically returned to the parent while the child remains in
the care and custody of the local social services district. Permanency
hearings shall continue to be held for any child who has returned to his
or her parents on a trial discharge. Where the permanency goal for a
child aging out of foster care is another planned permanent living
arrangement that includes a significant connection to an adult willing
to be a permanency resource for the child, the local social services
district may also discharge the child on a trial basis to the planned
permanent living arrangements, unless the court has prohibited or
otherwise conditioned such a trial discharge. Trial discharge for a
child aging out of foster care shall mean that a child is physically
discharged but the local social services district retains care and
custody or custody and guardianship of the child and there remains a
date certain for the scheduled permanency hearing.

* NB Sep amd; cannot be put together

* (C) Where the permanency goal is return to parent and it is
anticipated that the child may be returned home before the next
scheduled permanency hearing, the court may provide the local social
services district with authority to finally discharge the child to the
parent without further court hearing, provided that ten days prior
written notice is served upon the court and attorney for the child. If
the court on its own motion or the attorney for the child on motion to
the court does not request the matter to be brought for review before
final discharge, no further permanency hearings will be required. The
local social services district may also discharge the child on a trial
basis to the parent unless the court has prohibited such trial discharge
or unless the court has conditioned such trial discharge on another
event. For the purposes of this section, trial discharge shall mean that
the child is physically returned to the parent while the child remains
in the care and custody of the local social services district.
Permanency hearings shall continue to be held for any child who has
returned to his or her parents on a trial discharge. Where the
permanency goal for a youth aging out of foster care is another planned
permanent living arrangement that includes a significant connection to
an adult willing to be a permanency resource for the youth, the local
social services district may also discharge the youth on a trial basis
to the planned permanent living arrangements, unless the court has
prohibited or otherwise conditioned such a trial discharge. Trial
discharge for a youth aging out of foster care shall mean that the youth
is physically discharged but the local social services district retains
care and custody or custody and guardianship of the child and there
remains a date certain for the scheduled permanency hearing. Trial
discharge for a youth aging out of foster care may be extended at each
scheduled permanency hearing, until the youth reaches the age of
twenty-one, if a youth over the age of eighteen consents to such
extension. Prior to finally discharging a youth aging out of foster care
to another planned permanent living arrangement, the local social
services official shall give the youth notice of the right to apply to
reenter foster care within the earlier of twenty-four months of the
final discharge or the youth's twenty-first birthday in accordance with
article ten-B of this act. Such notice shall also advise the youth that
reentry into foster care will only be available where the former foster
care youth has no reasonable alternative to foster care and consents to
enrollment in and attendance at an appropriate educational or vocational
program in accordance with paragraph two of subdivision (a) of section
one thousand ninety-one of this act.

* NB Sep amd; cannot be put together

(D) The court may make an order of protection in the manner specified
by section one thousand fifty-six of this act in assistance or as a
condition of any other order made under this section. The order of
protection may set forth reasonable conditions of behavior to be
observed for a specified period of time by a person before the court.

(E) Where the court finds reasonable cause to believe that grounds for
termination of parental rights exist, the court may direct the local
social services district or other agency to institute a proceeding to
legally free the child for adoption pursuant to section three hundred
eighty-four-b of the social services law. Upon a failure by such agency
to institute such proceeding within ninety days after entry of such
order, the court shall permit the foster parent or parents in whose home
the child resides to institute such a proceeding unless the local social
services district or other agency, for good cause shown and upon due
notice to all the parties to the proceeding, has obtained a modification
or extension of such order, or unless the court has reasonable cause to
believe that such foster parent or parents would not obtain approval of
their petition to adopt the child in a subsequent adoption proceeding.

(F) The court may make an order directing a local social services
district or agency to undertake diligent efforts to encourage and
strengthen the parental relationship when it finds such efforts will not
be detrimental to the best interests of the child and there has been no
prior court finding that such efforts are not required. Such efforts
shall include encouraging and facilitating visitation with the child by
the parent or other person legally responsible for the child's care.
Such order may include a specific plan of action for the local social
services district or agency including, but not limited to, requirements
that such agency assist the parent or other person legally responsible
for the child's care in obtaining adequate housing, employment,
counseling, medical care or psychiatric treatment. Such order shall also
include encouraging and facilitating visitation with the child by the
noncustodial parent and grandparents who have the right to visitation
pursuant to section one thousand eighty-one of this act. Such order may
also include encouraging and facilitating regular visitation and
communication with the child by the child's siblings and may incorporate
an order, if any, issued pursuant to this section or section one
thousand twenty-seven-a or one thousand eighty-one of this act, or
pursuant to section three hundred fifty-eight-a of the social services
law or section seventy-one of the domestic relations law. For purposes
of this section, "siblings" shall include half-siblings and those who
would be deemed siblings or half-siblings but for the surrender,
termination of parental rights or death of a parent. Nothing in this
subdivision shall be deemed to limit the authority of the court to make
an order pursuant to section two hundred fifty-five of this act.

(G) Except as provided for herein, in any order issued pursuant to
this section, the court may require the local social services district
or agency to make progress reports to the court, the parties, and the
child's attorney on the implementation of such order.

(H) Where a child freed for adoption has not been placed in a
prospective adoptive home and the court has entered an order of
disposition directing that the child be placed for adoption or directing
the provision of services or assistance to the child and the agency
charged with the guardianship and custody of the child fails, prior to
the next scheduled permanency hearing, to comply with such order, the
court at the time of such hearing may, in the best interests of the
child, enter an order committing the guardianship and custody of the
child to another authorized agency or may make any other order
authorized pursuant to section two hundred fifty-five of this act.

(I) If the court determines that the subject child has not been placed
with his or her minor siblings or half-siblings who are in care, or that
regular visitation and other forms of regular communication between the
subject child and his or her minor siblings or half-siblings has not
been provided or arranged for, the court may direct such official to
provide or arrange for such placement or regular visitation and
communication where the court finds that such placement or visitation
and communication is in the child's and his or her siblings' or
half-siblings' best interests. Placement or regular visitation and
communication with siblings or half-siblings shall be presumptively in
the child's and his or her siblings' or half-siblings' best interests
unless such placement or visitation and communication would be contrary
to the child's or his or her siblings' or half-siblings' health, safety
or welfare, or the lack of geographic proximity precludes or prevents
visitation. If a child placed in foster care pursuant to this section is
not placed together or afforded regular communication with his or her
siblings, the child, through his or her attorney or through a parent on
his or her behalf, may move for an order regarding placement or
communication. The motion shall be served upon: the parent or parents in
the proceeding under this section; the local social services official
having the care of the child; other persons having care, custody and
control of the child, if any; the parents or other persons having care,
custody and control of the siblings to be visited or with whom contact
is sought; such sibling himself or herself if ten years of age or older;
and such siblings' attorney, if any. Upon receipt of a motion filed
under this paragraph the court shall determine, after giving notice and
an opportunity to be heard to the persons served, whether visitation and
contact would be in the best interests of the child and his or her
siblings. The court may order that the child be placed together with or
have regular communication with his or her siblings if the court
determines it to be in the best interests of the child and his or her
siblings. For purposes of this section, "siblings" shall include
half-siblings and those who would be deemed siblings or half-siblings
but for the surrender, termination of parental rights or death of a
parent.

(e) Service of court order and permanency hearing report. A copy of
the court order which includes the date certain for the next permanency
hearing and the permanency hearing report as approved, adjusted, or
modified by the court, shall be given to the parent or other person
legally responsible for the child.