§ 1055-b. Custody or guardianship with a parent or parents, relatives\nor suitable persons pursuant to article six of this act or guardianship\nwith relatives or suitable persons pursuant to article seventeen of the\nsurrogate's court procedure act. (a) Custody or guardianship with\nrespondent parent or parents, relatives or suitable persons. At the\nconclusion of the dispositional hearing under this article, the court\nmay enter an order of disposition granting custody or guardianship of\nthe child to a respondent parent or parents, as defined in subdivision\n(1) of section one thousand twelve of this article, or a relative or\nrelatives or other suitable person or persons pursuant to article six of\nthis act or an order of guardianship of the child to a relative or\nrelatives or suitable person or persons under article seventeen of the\nsurrogate's court procedure act if the following conditions have been\nmet:\n (i) the respondent parent or parents, relative or relatives or\nsuitable person or persons has or have filed a petition for custody or\nguardianship of the child pursuant to article six of this act or, in the\ncase of a relative or relatives or suitable person or persons, a\npetition for guardianship of the child under article seventeen of the\nsurrogate's court procedure act; and\n (ii) the court finds that granting custody or guardianship of the\nchild to such person or persons is in the best interests of the child\nand that the safety of the child will not be jeopardized if the\nrespondent or respondents under the child protective proceeding are no\nlonger under supervision or receiving services. In determining whether\nthe best interests of the child will be promoted by the granting of\nguardianship of the child to a relative who has cared for the child as a\nfoster parent, the court shall give due consideration to the permanency\ngoal of the child, the relationship between the child and the relative,\nand whether the relative and the social services district have entered\ninto an agreement to provide kinship guardianship assistance payments\nfor the child to the relative under title ten of article six of the\nsocial services law, and, if so, whether the fact-finding hearing\npursuant to section one thousand fifty-one of this part and a permanency\nhearing pursuant to section one thousand eighty-nine of this chapter\nhave occurred and whether compelling reasons exist for determining that\nthe return home of the child and the adoption of the child are not in\nthe best interests of the child and are, therefore, not appropriate\npermanency options; and\n (iii) the court finds that granting custody or guardianship of the\nchild to the respondent parent, relative or suitable person under\narticle six of this act or granting guardianship of the child to the\nrelative or suitable person under article seventeen of the surrogate's\ncourt procedure act will provide the child with a safe and permanent\nhome; and\n (iv) all parties to the child protective proceeding consent to the\ngranting of custody or guardianship under article six of this act or the\ngranting of guardianship under article seventeen of the surrogate's\ncourt procedure act; or, if any of the parties object to the granting of\ncustody or guardianship, the court has made the following findings after\na joint dispositional hearing on the child protective petition and the\npetition under article six of this act or under article seventeen of the\nsurrogate's court procedure act:\n (A) if a relative or relatives or suitable person or persons have\nfiled a petition for custody or guardianship and a parent or parents\nfail to consent to the granting of the petition, the court finds that\nthe relative or relatives or suitable person or persons have\ndemonstrated that extraordinary circumstances exist that support\ngranting an order of custody or guardianship to the relative or\nrelatives or suitable person or persons and that the granting of the\norder will s
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.