§ 1089. Permanency hearings. (a) Scheduling, commencement and\ncompletion of permanency hearings. (1) Children freed for adoption. (i)\nAt the conclusion of the dispositional hearing at which the child was\nfreed for adoption in a proceeding pursuant to section three hundred\neighty-three-c, three hundred eighty-four or three hundred eighty-four-b\nof the social services law, the court shall set a date certain for the\ninitial freed child permanency hearing and advise all parties in court\nof the date set, except for the respondent or respondents. The\npermanency hearing shall be commenced no later than thirty days after\nthe hearing at which the child was freed and shall be completed within\nthirty days, unless the court determines to hold the permanency hearing\nimmediately upon completion of the hearing at which the child was freed,\nprovided adequate notice has been given.\n (ii) At the conclusion of the hearing pursuant to section one thousand\nninety-one of this act where the court has granted the motion for a\nformer foster care youth who was discharged from foster care due to a\nfailure to consent to continuation of placement to return to the custody\nof the local commissioner of social services or other officer, board or\ndepartment authorized to receive children as public charges, the court\nshall set a date certain for a permanency hearing and advise all parties\nin court of the date set. The permanency hearing shall be commenced no\nlater than thirty days after the hearing at which the former foster care\nyouth was returned to foster care.\n (2) All other permanency hearings. At the conclusion of the hearing\npursuant to section one thousand twenty-two, one thousand twenty-seven,\none thousand fifty-two, one thousand eighty-nine, one thousand\nninety-one, one thousand ninety-four or one thousand ninety-five of this\nact at which the child was remanded or placed and upon the court's\napproval of a voluntary placement instrument pursuant to section three\nhundred fifty-eight-a of the social services law, the court shall set a\ndate certain for an initial permanency hearing, advise all parties in\ncourt of the date set and include the date in the order. Orders issued\nin subsequent court hearings prior to the permanency hearing, including,\nbut not limited to, the order of placement issued pursuant to section\none thousand fifty-five of this act, shall include the date certain for\nthe permanency hearing. The initial permanency hearing shall be\ncommenced no later than six months from the date which is sixty days\nafter the child was removed from his or her home; provided, however,\nthat if a sibling or half-sibling of the child has previously been\nremoved from the home and has a permanency hearing date certain\nscheduled within the next eight months, the permanency hearing for each\nchild subsequently removed from the home shall be scheduled on the same\ndate certain that has been set for the first child removed from the\nhome, unless such sibling or half-sibling has been removed from the home\npursuant to article three or seven of this act. The permanency hearing\nshall be completed within thirty days of the scheduled date certain.\n (3) Subsequent permanency hearings for a child who continues in\nout-of-home placement or who is freed for adoption shall be scheduled\nfor a date certain which shall be no later than six months from the\ncompletion of the previous permanency hearing and such subsequent\npermanency hearings shall be completed within thirty days of the date\ncertain set for such hearings.\n (b) Notice of permanency hearings. (1) No later than fourteen days\nbefore the date certain for a permanency hearing scheduled pursuant to\nthis section, the local social services district shall serve the notice\nof the permanency hearing and the permanency hearing report by regular\nmail upon:\n (i) the child's parent, including any non-respondent parent, unless\nthe parental rights of the parent have been ter
‹ 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.