§ 358-a. Dependent children in foster care. (1) Initiation of judicial\nproceeding. (a) A social services official who accepts or proposes to\naccept the custody and guardianship of a child by means of an instrument\nexecuted pursuant to the provisions of section three hundred eighty-four\nof this chapter, or the care and custody of a child as a public charge\nby means of an instrument executed pursuant to the provisions of section\nthree hundred eighty-four-a of this chapter, shall determine whether\nsuch child is likely to remain in the care of such official for a period\nin excess of thirty consecutive days. If such official determines that\nthe child is likely to remain in care for a period in excess of thirty\nconsecutive days, such official shall petition the family court judge of\nthe county or city in which the social services official has his or her\noffice, to approve such instrument upon a determination that the\nplacement of the child is in the best interest of the child, that it\nwould be contrary to the welfare of the child to continue in his or her\nown home and, that where appropriate, reasonable efforts were made prior\nto the placement of the child into foster care to prevent or eliminate\nthe need for removal of the child from his or her home and that prior to\nthe initiation of the court proceeding required to be held by this\nsubdivision, reasonable efforts were made to make it possible for the\nchild to return safely home. In the case of a child whose care and\ncustody have been transferred to a social services official by means of\nan instrument executed pursuant to the provisions of section three\nhundred eighty-four-a of this chapter, approval of the instrument shall\nonly be made upon an additional determination that all of the\nrequirements of such section have been satisfied.\n * (b) The social services official shall initiate the proceeding by\nfiling the petition as soon as practicable, but in no event later than\nthirty days following removal of the child from the home provided,\nhowever, that the court shall receive, hear and determine petitions\nfiled later than thirty days following removal of the child from his or\nher home, but state reimbursement shall not be available to the social\nservices district for care and maintenance provided to such child. The\nsocial services official shall diligently pursue such proceeding. Where\nthe care and custody of a child as a public charge has been transferred\nto a social services official by means of an instrument executed\npursuant to the provisions of section three hundred eighty-four-a of\nthis chapter for a period of thirty days or less for an indeterminate\nperiod which such official deems unlikely to exceed thirty days, and\nthereafter such official determines that such child will remain in his\nor her care and custody for a period in excess of thirty days, such\nofficial shall, as soon as practicable but in no event later than thirty\ndays following such determination, execute with the child's parent,\nparents or guardian a new instrument pursuant to the provision of\nsection three hundred eighty-four or three hundred eighty-four-a of this\nchapter and shall file a petition in family court, pursuant to this\nsection, for approval of such instrument. In such cases involving a\nsocial services official, expenditures for the care and maintenance of\nsuch child from the date of the initial transfer of his care and custody\nto the social services official shall be subject to state reimbursement.\n * NB Effective until June 30, 2027\n * (b) The social services official shall initiate the proceeding by\nfiling the petition as soon as practicable, but in no event later than\nthirty days following removal of the child from the home provided,\nhowever, that the court shall receive, hear and determine petitions\nfiled later than thirty days following removal of the child from his or\nher home, but state reimbursement to the social services district for\
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