§ 637. Burden of proof, disposition and findings. (a) The petitioner
shall have the burden of proof by clear and convincing evidence that
restoration of parental rights is in the child's best interests, that
the requirements of section six hundred thirty-five of this part have
been met and that all of the parties and the child have consented or, if
the petitioner in the proceeding in which guardianship and custody have
been committed failed to consent to the relief requested, that such
failure was without good cause.

(b) The court shall state on the record the reason or reasons for its
disposition of the petition. The court may make the following orders of
disposition:

(i) The court may grant the petition, modify the order of disposition
previously entered in the termination of parental rights proceeding and
transfer guardianship and custody of the child to the birth parent or
parents, provided, however, that the findings of fact rendered pursuant
to section six hundred twenty-two of this article or subdivision four of
section three hundred eighty-four-b of the social services law that
formed the basis for the adjudication terminating parental rights shall
remain; or

(ii) The court may dismiss the petition, in which case the commitment
of guardianship and custody of the child to the authorized agency or
individual would continue and a permanency hearing would be required to
be held as scheduled in accordance with article ten-A of this act; or

(iii) The court may grant the petition conditionally for a designated
period of up to six months, during which time guardianship and custody
of the child shall remain with the local social services district or
authorized agency while the child may visit with, or be placed on a
trial discharge with, the birth parent or parents. The court shall
direct the district or agency to supervise the child's birth parent or
parents, develop a reunification plan and provide appropriate
transitional services to the child and birth parent or parents and
report to the parties, attorney for the child and the court not later
than thirty days prior to the expiration of the designated period. The
court shall schedule the proceeding to be heard prior to the expiration
of the designated period and shall determine whether to grant the
petition permanently in accordance with paragraph (i) of this
subdivision or dismiss the petition in accordance with paragraph (ii) of
this subdivision. The court shall state its reasons for its
determination. If the petition is permanently granted, the child's
custody and guardianship shall be transferred to the birth parent or
parents. If the child has been removed from the custody of the birth
parent or parents prior to the expiration of the designated period by
reason of a report of suspected child abuse or maltreatment, the court
shall schedule the proceeding to be heard on notice to the parties and
attorney for the child, may terminate the trial discharge and may
dismiss the petition in accordance with paragraph (ii) of this
subdivision.