§ 1089-a. Custody or guardianship with a parent or parents, a relative
or relatives or a suitable person or persons pursuant to article six of
this act or guardianship of a relative or relatives or a suitable person
or persons pursuant to article seventeen of the surrogate's court
procedure act. (a) Where the permanency plan is placement with a fit and
willing relative or a respondent parent, the court may issue an order of
custody or guardianship in response to a petition filed by a respondent
parent, relative or suitable person seeking custody or guardianship of
the child under article six of this act or an order of guardianship of
the child under article seventeen of the surrogate's court procedure
act. A petition for custody or guardianship may be heard jointly with a
permanency hearing held pursuant to this article. An order of custody or
guardianship issued in accordance with this subdivision will result in
termination of all pending orders issued pursuant to this article or
article ten of this act if the following conditions have been met:

(i) the court finds that granting custody to the respondent parent or
parents, relative or relatives or suitable person or persons or
guardianship of the child to the relative or relatives or suitable
person or persons is in the best interests of the child and that the
termination of the order placing the child pursuant to article ten of
this act will not jeopardize the safety of the child. In determining
whether the best interests of the child will be promoted by the granting
of guardianship of the child to a relative who has cared for the child
as a foster parent, the court shall give due consideration to the
permanency goal of the child, the relationship between the child and the
relative, and whether the relative and the local department of social
services have entered into an agreement to provide kinship guardianship
assistance payments for the child to the relative under title ten of
article six of the social services law, and, if so, whether a
fact-finding hearing pursuant to section one thousand fifty-one of this
chapter has occurred, and whether compelling reasons exist for
determining that the return home of the child and the adoption of the
child are not in the best interests of the child and are, therefore, not
appropriate permanency options; and

(ii) the court finds that granting custody to the respondent parent or
parents, relative or relatives or suitable person or persons or
guardianship of the child to the relative or relatives or suitable
person or persons will provide the child with a safe and permanent home;
and

(iii) the parents, the attorney for the child, the local department of
social services, and the foster parent of the child who has been the
foster parent for the child for one year or more consent to the issuance
of an order of custody or guardianship under article six of this act or
the granting of guardianship under article seventeen of the surrogate's
court procedure act and the termination of the order of placement
pursuant to this article or article ten of this act; or, if any of the
parties object to the granting of custody or guardianship, the court has
made the following findings after a joint hearing on the permanency of
the child and the petition under article six of this act or article
seventeen of the surrogate's court procedure act:

(A) if a relative or relatives or suitable person or persons have
filed a petition for custody or guardianship and a parent or parents
fail to consent to the granting of the petition, the court finds that
the relative or relatives or suitable person or persons have
demonstrated that extraordinary circumstances exist that support
granting an order of custody or guardianship under article six of this
act or the granting of guardianship under article seventeen of the
surrogate's court procedure act to the relative or relatives or suitable
person or persons and that the granting of the order will serve the
child's best interests; or

(B) if a relative or relatives or suitable person or persons have
filed a petition for custody or guardianship and the local department of
social services, the attorney for the child, or the foster parent of the
child who has been the foster parent for the child for one year or more
objects to the granting of the petition, the court finds that granting
custody or guardianship of the child to the relative or relatives or
suitable person or persons is in the best interests of the child; or

(C) if a respondent parent has filed a petition for custody under
article six of this act and a party who is not a parent of the child
objects to the granting of the petition, the court finds either that the
objecting party has failed to establish extraordinary circumstances, or,
if the objecting party has established extraordinary circumstances, that
granting custody to the petitioning respondent parent would nonetheless
be in the child's best interests; or

(D) if a respondent parent has filed a petition for custody under
article six of this act and the other parent fails to consent to the
granting of the petition, the court finds that granting custody to the
petitioning respondent parent is in the child's best interests.

(a-1) Custody and visitation petition of non-respondent parent under
article six of this act. Where a proceeding filed by a non-respondent
parent pursuant to article six of this act is pending at the same time
as a proceeding brought in the family court pursuant to this article,
the court presiding over the proceeding under this article may jointly
hear the permanency hearing and the hearing on the custody and
visitation petition under article six of this act; provided however, the
court must determine the non-respondent parent's custody petition filed
under article six of this act in accordance with the terms of that
article.

(a-2) Custody and visitation petition of non-respondent parent under
section two hundred forty of the domestic relations law. Where a
proceeding brought in the supreme court involving the custody of, or
right to visitation with, any child of a marriage is pending at the same
time as a proceeding brought in the family court pursuant to this
article, the court presiding over the proceeding under this article may
jointly hear the permanency hearing and, upon referral from the supreme
court, the hearing to resolve the matter of custody or visitation in the
proceeding pending in the supreme court; provided however, the court
must determine the non-respondent parent's custodial rights in
accordance with the terms of paragraph (a) of subdivision one of section
two hundred forty of the domestic relations law.

(b) An order made in accordance with the provisions of this section
shall set forth the required findings as described in subdivision (a) of
this section, where applicable, including, if the guardian and local
department of social services have entered into an agreement to provide
kinship guardianship assistance payments for the child to the relative
under title ten of article six of the social services law, that a
fact-finding hearing pursuant to section one thousand fifty-one of this
chapter and a permanency hearing pursuant to section one thousand
eighty-nine of this part have occurred, and the compelling reasons that
exist for determining that the return home of the child are not in the
best interests of the child and are, therefore, not appropriate
permanency options for the child, and shall result in the termination of
any orders in effect pursuant to article ten of this act or pursuant to
this article. Notwithstanding any other provision of law, the court
shall not issue an order of supervision nor may the court require the
local department of social services to provide services to the
respondent or respondents when granting custody or guardianship pursuant
to article six of this act under this section or the granting of
guardianship under article seventeen of the surrogate's court procedure
act in accordance with this section.

(c) As part of the order granting custody or guardianship in
accordance with this section pursuant to article six of this act or the
granting of guardianship under article seventeen of the surrogate's
court procedure act, the court may require that the local department of
social services and the attorney for the child receive notice of, and be
made parties to, any subsequent proceeding to modify the order of
custody or guardianship granted pursuant to the article six proceeding;
provided, however, if the guardian and the local department of social
services have entered into an agreement to provide kinship guardianship
assistance payments for the child to the relative under title ten of
article six of the social services law, the order must require that the
local department of social services and the attorney for the child
receive notice of, and be made parties to, any such subsequent
proceeding involving custody or guardianship of the child.

(d) Any order entered pursuant to this section shall conclude the
court's jurisdiction over the article ten proceeding and the court shall
not maintain jurisdiction over the proceeding for further permanency
hearings.

(e) The court shall hold age appropriate consultation with the child,
however, if the youth has attained fourteen years of age, the court
shall ascertain his or her preference for a suitable guardian or
custodian. Notwithstanding any other section of law, where the youth is
over the age of eighteen, he or she shall consent to the appointment of
a suitable guardian or custodian.