§ 352.2. Order of disposition. 1. Upon the conclusion of the
dispositional hearing, the court shall enter an order of disposition:

(a) conditionally discharging the respondent in accord with section
353.1; or

(b) putting the respondent on probation in accord with section 353.2;
or

(c) continuing the proceeding and placing the respondent in accord
with section 353.3; or

(d) placing the respondent in accord with section 353.4; or

(e) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5.

2. (a) In determining an appropriate order the court shall consider
the needs and best interests of the respondent as well as the need for
protection of the community. If the respondent has committed a
designated felony act the court shall determine the appropriate
disposition in accord with section 353.5. In all other cases the court
shall order the least restrictive available alternative enumerated in
subdivision one which is consistent with the needs and best interests of
the respondent and the need for protection of the community.

(b) In an order of disposition entered pursuant to section 353.3 or
353.4 of this chapter, or where the court has determined pursuant to
section 353.5 of this chapter that restrictive placement is not
required, which order places the respondent with the commissioner of
social services or with the office of children and family services for
placement with an authorized agency or class of authorized agencies or
in such facilities designated by the office of children and family
services as are eligible for federal reimbursement pursuant to title
IV-E of the social security act, the court in its order shall determine
(i) that continuation in the respondent's home would be contrary to the
best interests of the respondent; or in the case of a respondent for
whom the court has determined that continuation in his or her home would
not be contrary to the best interests of the respondent, that
continuation in the respondent's home would be contrary to the need for
protection of the community; (ii) that where appropriate, and where
consistent with the need for protection of the community, reasonable
efforts were made prior to the date of the dispositional hearing to
prevent or eliminate the need for removal of the respondent from his or
her home, or if the child was removed from his or her home prior to the
dispositional hearing, where appropriate and where consistent with the
need for safety of the community, whether reasonable efforts were made
to make it possible for the child to safely return home. If the court
determines that reasonable efforts to prevent or eliminate the need for
removal of the child from the home were not made but that the lack of
such efforts was appropriate under the circumstances, or consistent with
the need for protection of the community, or both, the court order shall
include such a finding; and (iii) in the case of a child who has
attained the age of sixteen, the services needed, if any, to assist the
child to make the transition from foster care to independent living.

(c) For the purpose of this section, when an order is entered pursuant
to section 353.3 or 353.4 of this article, reasonable efforts to prevent
or eliminate the need for removing the respondent from the home of the
respondent or to make it possible for the respondent to return safely to
the home of the respondent shall not be required where the court
determines that:

(1) the parent of such respondent has subjected the respondent to
aggravated circumstances, as defined in subdivision fifteen of section
301.2 of this article;

(2) the parent of such child has been convicted of (i) murder in the
first degree as defined in section 125.27 or murder in the second degree
as defined in section 125.25 of the penal law and the victim was another
child of the parent; or (ii) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second degree as defined in
section 125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have acted voluntarily
in committing such crime;

(3) the parent of such child has been convicted of an attempt to
commit any of the foregoing crimes, and the victim or intended victim
was the child or another child of the parent; or has been convicted of
criminal solicitation as defined in article one hundred, conspiracy as
defined in article one hundred five or criminal facilitation as defined
in article one hundred fifteen of the penal law for conspiring,
soliciting or facilitating any of the foregoing crimes, and the victim
or intended victim was the child or another child of the parent;

(4) the parent of such respondent has been convicted of assault in the
second degree as defined in section 120.05, assault in the first degree
as defined in section 120.10 or aggravated assault upon a person less
than eleven years old as defined in section 120.12 of the penal law, and
the commission of one of the foregoing crimes resulted in serious
physical injury to the respondent or another child of the parent;

(5) the parent of such respondent has been convicted in any other
jurisdiction of an offense which includes all of the essential elements
of any crime specified in subparagraph two, three or four of this
paragraph, and the victim of such offense was the respondent or another
child of the parent; or

(6) the parental rights of the parent to a sibling of such respondent
have been involuntarily terminated;
unless the court determines that providing reasonable efforts would be
in the best interests of the child, not contrary to the health and
safety of the child, and would likely result in the reunification of the
parent and the child in the foreseeable future. The court shall state
such findings in its order.

If the court determines that reasonable efforts are not required
because of one of the grounds set forth above, a permanency hearing
shall be held pursuant to section 355.5 of this article within thirty
days of the finding of the court that such efforts are not required. The
social services official or the office of children and family services,
where the respondent was placed with such office, shall subsequent to
the permanency hearing make reasonable efforts to place the respondent
in a timely manner and to complete whatever steps are necessary to
finalize the permanent placement of the respondent as set forth in the
permanency plan approved by the court. If reasonable efforts are
determined by the court not to be required because of one of the grounds
set forth in this paragraph, the social services official may file a
petition for termination of parental rights in accordance with section
three hundred eighty-four-b of the social services law.

(d) For the purposes of this section, in determining reasonable
efforts to be made with respect to the respondent, and in making such
reasonable efforts, the respondent's health and safety shall be the
paramount concern.

(e) For the purpose of this section, a sibling shall include a
half-sibling.

* (f)(1) In a social services district operating an approved juvenile
justice services close to home initiative pursuant to section four
hundred four of the social services law, upon the effective date of a
risk assessment instrument and any risk assessment process that have
been approved by the office of children and family services pursuant to
subdivision two-a of section 351.1 of this part, the court shall give
due consideration to the results of the validated risk assessment and
any such process provided to the court pursuant to such subdivision when
determining the appropriate disposition for the respondent.

(2) Any order of the court directing the placement of a respondent
into a residential program shall state:

(i) the level of risk the youth was assessed at pursuant to the
validated risk assessment instrument; and

(ii) if a determination is made to place a youth in a higher level of
placement than appears warranted based on such risk assessment
instrument and any approved risk assessment process, the particular
reasons why such placement was determined to be necessary for the
protection of the community and to be consistent with the needs and best
interests of the respondent; and

(iii) that a less restrictive alternative that would be consistent
with the needs and best interests of the respondent and the need for
protection of the community is not available.

* NB Repealed March 31, 2028

* (g)(i) Once a validated risk assessment instrument and any risk
assessment process is a required part of each probation investigation
ordered under subdivision two of section 351.1 of this part and provided
to the court in accordance with subdivision two-b of such section, the
court shall give due consideration to the results of such validated risk
assessment and any such process when determining the appropriate
disposition for the respondent.

(ii) Any order of the court directing the placement of a respondent
into a residential program shall state:

(A) the level of risk the youth was assessed pursuant to the validated
risk assessment instrument; and

(B) if a determination is made to place a youth in a higher level of
placement than appears warranted based on such risk assessment
instrument and any risk assessment process, the particular reasons why
such placement was determined to be necessary for the protection of the
community and to be consistent with the needs and best interests of the
respondent; and

(C) that a less restrictive alternative that would be consistent with
the needs and best interests of the respondent and the need for
protection of the community is not available.

* NB Repealed March 31, 2028

3. The order shall state the court's reasons for the particular
disposition, including, in the case of a restrictive placement pursuant
to section 353.5, the specific findings of fact required in such
section.

4. Where a youth receives a juvenile delinquency adjudication for
conduct committed when the youth was sixteen years of age or, commencing
on October first, two thousand nineteen, seventeen years of age, that
would solely constitute a violation as defined in subdivision three of
section 10.00 of the penal law and if the presumption pursuant to
subdivision three of section 345.1 of this article has been rebutted,
the court shall have the power to enter an order of disposition in
accordance with paragraph (a) of subdivision one of this section. The
court shall not order detention, probation or placement of a youth
solely adjudicated under this subdivision.