- Consolidated Laws - Family Court
PART 1
PERMANENT TERMINATION OF PARENTAL CUSTODY BY REASON OF
PERMANENT NEGLECT
Section 611. Permanently neglected child; purpose of part.
614. Originating proceeding for the commitment of the
guardianship and custody of a permanently neglected
child.
616. Issuance of summons.
617. Service of summons.
622. Definition of "fact-finding hearing".
623. Definition of "dispositional hearing".
624. Evidence.
625. Sequence of hearings.
626 Adjournments.
631. Disposition on adjudication of permanent neglect.
632. Order dismissing petition.
633. Suspended judgment.
634. Commitment of guardianship and custody; further orders.
S 611. Permanently neglected child; purpose of part. The purpose of
this part is to provide the procedures for proceedings initiated in
family court, pursuant to section three hundred eighty-four-b of the
social services law, for the commitment of the guardianship and custody
of a child upon the ground that the child is a permanently neglected
child. As used in this part "permanently neglected child" shall mean
permanently neglected child as defined in subdivision seven of section
three hundred eighty-four-b of the social services law, and unless the
context requires otherwise, the provisions of such section three hundred
eighty-four-b shall be deemed applicable requirements in addition to the
procedures contained in this part. All references in this part to
petitions and proceedings initiated "under this part" shall be deemed
references to petitions and proceedings initiated under section three
hundred eighty-four-b of the social services law upon the ground that
the child is a permanently neglected child.
S 614. Originating proceeding for the commitment of the guardianship
and custody of a permanently neglected child. 1. A proceeding for the
commitment of the guardianship and custody of a child on the ground of
permanent neglect is originated by a petition, alleging:
(a) the child is a person under eighteen years of age;
(b) the child is in the care of an authorized agency;
(c) the authorized agency has made diligent efforts to encourage and
strengthen the parental relationship and specifying the efforts made or
that such efforts would be detrimental to the best interests of the
child and specifying the reasons therefor;
(d) the parent or custodian, notwithstanding the agency`s efforts, has
failed for a period of more than one year following the date such child
came into the care of an authorized agency substantially and
continuously or repeatedly to maintain contact with or plan for the
future of the child, although physically and financially able to do so;
and
(e) the best interests of the child require that the guardianship and
custody of the child be committed to an authorized agency or to a foster
parent authorized to originate this proceeding under section three
hundred ninety-two of the social services law or section one thousand
fifty-five of this act.
2. Where the petitioner is not the authorized agency, allegations
relating to the efforts of the authorized agency may be made upon
information and belief.
S 616. Issuance of summons. On the filing of a petition under this
part, the court may cause a copy of the petition and a summons to be
issued, requiring the parent to show cause why the court should not
enter an order committing the guardianship and custody of the child to
the petitioner for the reason that the child is permanently neglected.
S 617. Service of summons. (a) Service of a summons and petition under
this part shall be made by delivery of a true copy thereof to the person
summoned at least twenty days before the time stated therein for
appearance. If so requested by the parent or other person legally
responsible for the child`s care, the court may extend the time for
appearance and answer.
(b) If after reasonable effort, personal service is not made, such
substituted service or service by publication as may be ordered by the
judge shall be sufficient.
(c) Personal service within or without the state or in a foreign
country shall be made in accordance with the provisions of section three
hundred seven of the surrogate`s court procedure act, as the same may be
amended from time to time, with respect to service of a citation.
(d) Service of the summons and other process with a notice as
specified herein by publication shall be made in accordance with the
provisions of CPLR 316, provided, however, that a single publication of
the summons or other process with a notice as specified herein in only
one newspaper designated in the order shall be sufficient. In no event
shall the whole petition be published. The petition shall be delivered
to the person summoned at the first court appearance pursuant to section
one hundred fifty-four-a of this chapter. The notice to be published
with the summons or other process shall state:
1. the date, time, place and purpose of the proceeding,
2. that upon failure of the person summoned to appear, all of his or
her parental rights in the child may be terminated, and
3. that his or her failure to appear shall constitute a denial of his
or her interest in the child, which denial may result, without further
notice, in the transfer or commitment of the child`s care, custody or
guardianship or in the child`s adoption in this or any subsequent
proceeding in which such care, custody or guardianship or adoption may
be at issue.
S 622. Definition of "fact-finding hearing". When used in this part,
"fact-finding hearing" means in the case of a petition for the
commitment of the guardianship and custody of a child, a hearing to
determine whether the allegations required by paragraphs (a), (b), (c),
and (d) of subdivision one of section six hundred fourteen are supported
by clear and convincing proof.
S 623. Definition of "dispositional hearing". When used in this part,
"dispositional hearing" means a hearing to determine what order of
disposition should be made in accordance with the best interests of the
child. Where the disposition ordered is the commitment of guardianship
and custody in accordance with section six hundred thirty-four of this
article, a permanency hearing shall be completed pursuant to section one
thousand fifty-five-a of this act immediately following, but in no event
later than sixty days after, the earlier of the court`s statement of its
order on the record or issuance of its written order. A notice of the
permanency hearing and a petition and/or report, as directed by the
court, shall be filed and provided to the parties, law guardian and
individuals required to be notified in the manner and according to the
schedule specified by the court in accordance with section one thousand
fifty-five-a of this act. Subsequent permanency petitions shall be filed
pursuant to section one thousand fifty-five-a of this act no later than
six months after completion of the last permanency hearing, unless the
court directs an earlier filing, and each subsequent permanency hearing
shall be completed within sixty days of the filing of the petition.
S 624. Evidence. Only competent, material and relevant evidence may be
admitted in a fact-finding hearing; only material and relevant evidence
may be admitted in a dispositional hearing. Evidence of parental contact
or of failure to maintain contact with a child subsequent to the date of
the filing of a petition under this part shall be inadmissible in the
fact-finding hearing. Such evidence may be admitted in the dispositional
hearing but shall not, of itself, be sufficient as a matter of law to
preclude or require an order committing the guardianship and custody of
the child.
S 625. Sequence of hearings. (a) Upon completion of the fact-finding
hearing, the dispositional hearing may commence immediately after the
required findings are made; provided, however, that if all parties
consent the court may, upon motion of any party or upon its own motion,
dispense with the dispositional hearing and make an order of disposition
on the basis of competent evidence admitted at the fact-finding hearing.
Where the disposition ordered is the commitment of guardianship and
custody in accordance with section six hundred thirty-four of this
article, a permanency hearing shall be completed pursuant to section one
thousand fifty-five-a of this act immediately following, but in no event
later than sixty days after, the earlier of the court`s statement of its
order on the record or issuance of its written order. A notice of the
permanency hearing and a petition and/or report, as directed by the
court, shall be filed and provided to the parties, law guardian and
individuals required to be notified in the manner and according to the
schedule specified by the court in accordance with section one thousand
fifty-five-a of this act. Subsequent permanency petitions shall be filed
pursuant to section one thousand fifty-five-a of this act no later than
six months after completion of the last permanency hearing, unless the
court directs an earlier filing, and each subsequent permanency hearing
shall be completed within sixty days of the filing of the petition.
(b) Reports prepared by the probation service or a duly authorized
agency for use by the court prior to the making of an order of
disposition shall be deemed confidential information furnished to the
court which the court in a proper case may, in its discretion, withhold
from or disclose in whole or in part to the law guardian, counsel, party
in interest, or other appropriate person. Such reports may not be
furnished to the court prior to the completion of a fact-finding
hearing, but may be used in a dispositional hearing or in the making of
an order of disposition without a dispositional hearing pursuant to
subdivision (a) of this section.
S 626. Adjournments. (a) The court may adjourn a fact-finding hearing
or a dispositional hearing for good cause shown on its own motion or on
motion made on behalf of the child, or on motion of the parent or other
person responsible for the care of the child.
(b) At the conclusion of a fact-finding hearing and after it has made
findings required before a dispositional hearing may commence, the court
may adjourn the proceedings to enable it to make inquiry into the
surroundings, conditions, and capacities of the persons involved in the
proceedings.
S 631. Disposition on adjudication of permanent neglect. At the
conclusion of a dispositional hearing on a petition for the commitment
of the guardianship and custody of a child, the court shall enter an
order of disposition:
(a) dismissing the petition in accord with section six hundred
thirty-two; or
(b) suspending judgment in accord with section six hundred
thirty-three; or
(c) committing the guardianship and custody of the child in accord
with section six hundred thirty-four.
An order of disposition shall be made, pursuant to this section,
solely on the basis of the best interests of the child, and there shall
be no presumption that such interests will be promoted by any particular
disposition.
S 632. Order dismissing petition. (a) If the allegations of a petition
under this part are not established, the court shall dismiss the
petition.
(b) If a motion or application has been made in the course of a
proceeding under this part to reconsider an underlying order of
placement or commitment, or upon the court`s own motion on notice to all
parties, the court retains jurisdiction to dispose of that motion or
application regardless of whether it dismisses the petition.
S 633. Suspended judgment. (a) Rules of court shall define permissible
terms and conditions of a suspended judgment. These terms and conditions
shall relate to the acts or omissions of the parent or other person
responsible for the care of the child.
(b) The maximum duration of a suspended judgment under this section is
one year, unless the court finds at the conclusion of that period that
exceptional circumstances require an extension of that period for an
additional year.
S 634. Commitment of guardianship and custody; further orders. The
court may enter an order under section six hundred thirty-one committing
the guardianship and custody of the child to the petitioner on such
conditions, if any, as it deems proper.
