§ 352.2. Order of disposition. 1. Upon the conclusion of the\ndispositional hearing, the court shall enter an order of disposition:\n (a) conditionally discharging the respondent in accord with section\n353.1; or\n (b) putting the respondent on probation in accord with section 353.2;\nor\n (c) continuing the proceeding and placing the respondent in accord\nwith section 353.3; or\n (d) placing the respondent in accord with section 353.4; or\n (e) continuing the proceeding and placing the respondent under a\nrestrictive placement in accord with section 353.5.\n 2. (a) In determining an appropriate order the court shall consider\nthe needs and best interests of the respondent as well as the need for\nprotection of the community. If the respondent has committed a\ndesignated felony act the court shall determine the appropriate\ndisposition in accord with section 353.5. In all other cases the court\nshall order the least restrictive available alternative enumerated in\nsubdivision one which is consistent with the needs and best interests of\nthe respondent and the need for protection of the community.\n (b) In an order of disposition entered pursuant to section 353.3 or\n353.4 of this chapter, or where the court has determined pursuant to\nsection 353.5 of this chapter that restrictive placement is not\nrequired, which order places the respondent with the commissioner of\nsocial services or with the office of children and family services for\nplacement with an authorized agency or class of authorized agencies or\nin such facilities designated by the office of children and family\nservices as are eligible for federal reimbursement pursuant to title\nIV-E of the social security act, the court in its order shall determine\n(i) that continuation in the respondent's home would be contrary to the\nbest interests of the respondent; or in the case of a respondent for\nwhom the court has determined that continuation in his or her home would\nnot be contrary to the best interests of the respondent, that\ncontinuation in the respondent's home would be contrary to the need for\nprotection of the community; (ii) that where appropriate, and where\nconsistent with the need for protection of the community, reasonable\nefforts were made prior to the date of the dispositional hearing to\nprevent or eliminate the need for removal of the respondent from his or\nher home, or if the child was removed from his or her home prior to the\ndispositional hearing, where appropriate and where consistent with the\nneed for safety of the community, whether reasonable efforts were made\nto make it possible for the child to safely return home. If the court\ndetermines that reasonable efforts to prevent or eliminate the need for\nremoval of the child from the home were not made but that the lack of\nsuch efforts was appropriate under the circumstances, or consistent with\nthe need for protection of the community, or both, the court order shall\ninclude such a finding; and (iii) in the case of a child who has\nattained the age of sixteen, the services needed, if any, to assist the\nchild to make the transition from foster care to independent living.\n (c) For the purpose of this section, when an order is entered pursuant\nto section 353.3 or 353.4 of this article, reasonable efforts to prevent\nor eliminate the need for removing the respondent from the home of the\nrespondent or to make it possible for the respondent to return safely to\nthe home of the respondent shall not be required where the court\ndetermines that:\n (1) the parent of such respondent has subjected the respondent to\naggravated circumstances, as defined in subdivision fifteen of section\n301.2 of this article;\n (2) the parent of such child has been convicted of (i) murder in the\nfirst degree as defined in section 125.27 or murder in the second degree\nas defined in section 125.25 of the penal law and the victim was another\nchild of the parent; or (ii) manslaughter in the first degree
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