§ 355.5. Permanency hearing. * 1. For the purposes of this section the\nterm "non-secure facility" means a facility operated by an authorized\nagency in accordance with an operating certificate issued pursuant to\nthe social services law or a facility, not including a secure or limited\nsecure facility, with a capacity of twenty-five beds or less operated by\nthe office of children and family services in accordance with section\nfive hundred four of the executive law. The term shall not include a\nlimited secure facility within a social services district operating an\napproved juvenile justice services close to home initiative pursuant to\nsection four hundred four of the social services law.\n * NB Effective until March 31, 2028\n * 1. For the purposes of this section the term "non-secure facility"\nmeans a facility operated by an authorized agency in accordance with an\noperating certificate issued pursuant to the social services law or a\nfacility, not including a secure or limited secure facility, with a\ncapacity of twenty-five beds or less operated by the office of children\nand family services in accordance with section five hundred four of the\nexecutive law.\n * NB Effective March 31, 2028\n 2. Where a respondent is placed with a commissioner of social services\nor the office of children and family services pursuant to section 353.3\nof this article for a period of twelve or fewer months and resides in a\nfoster home or non-secure facility;\n (a) The initial permanency hearing shall be held no later than twelve\nmonths after the respondent who was placed with a commissioner of social\nservices or the office of children and family services entered foster\ncare and such permanency hearing shall be held in conjunction with an\nextension of placement hearing held pursuant to section 355.3 of this\narticle.\n (b) Subsequent permanency hearings shall be held no later than every\ntwelve months following the respondent's initial permanency hearing and\nshall be held in conjunction with an extension of placement hearing held\npursuant to section 355.3 of this article.\n 3. Where a respondent is placed with a commissioner of social services\nor the office of children and family services pursuant to section 353.3\nof this article for a period in excess of twelve months and resides in a\nfoster home or in a non-secure facility;\n (a) the initial permanency hearing shall be held no later than twelve\nmonths after the respondent who was placed with a commissioner of social\nservices or the office of children and family services entered foster\ncare.\n (b) subsequent permanency hearings shall be held no later than every\ntwelve months following the respondent's initial twelve months in\nplacement but in no event past the respondent's twenty-first birthday;\nprovided, however, that they shall be held in conjunction with an\nextension of placement hearing held pursuant to section 355.3 of this\npart.\n 4. For the purposes of this section, the respondent shall be\nconsidered to have entered foster care sixty days after the respondent\nwas removed from his or her home pursuant to this article.\n 5. A petition for an initial or subsequent permanency hearing shall be\nfiled by the office of children and family services or by the\ncommissioner of social services with whom the respondent was placed.\nSuch petition shall be filed no later than sixty days prior to the end\nof the month in which an initial or subsequent permanency hearing must\nbe held, as directed in subdivision two of this section.\n 6. The foster parent caring for the respondent or any pre-adoptive\nparent or relative providing care for the respondent shall be provided\nwith notice of any permanency hearing held pursuant to this section by\nthe office of children and family services or the commissioner of social\nservices with whom the respondent was placed. Such foster parent,\npre-adoptive parent and relative shall have the right to be heard at any\nsuch heari
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