(a) This section shall govern all permanency hearings conducted pursuant to article 10-A of the Family Court Act.
(b) Scheduling for dates certain; deadlines for submitting permanency reports.
(1) The first court order remanding a child into foster care or into direct placement with a relative or other suitable person in a proceeding pursuant to article 10 or approving a voluntary placement instrument pursuant to section 358-a of the Social Services Law must contain a date certain for the initial permanency hearing pursuant to article 10-A of the Family Court Act, which must be not later than eight months from the date of removal of the child from his or her home. If the child has a sibling or half-sibling removed from the home, whose permanency hearing is scheduled before this Court, the date certain shall be the same as the date certain for the sibling’s or half-sibling’s permanency hearing, unless the sibling or half-sibling was removed on a juvenile delinquency or person in need of supervision petition or unless either sibling has been freed for adoption.
(2) A permanency hearing with respect to a child who has been freed for adoption shall be scheduled for a date certain not more than 30 days after the earlier of the Family Court’s oral announcement of its decision or the signing and filing of its decision freeing the child for adoption.
(3) In any case in which the court has made a determination, pursuant to section 1039-b or 1052(b) of the Family Court Act or section 358- a(3)(b) of the Social Services Law, that reasonable efforts to reunify the child with his or her parents are not required, a permanency hearing must be scheduled for a date certain within 30 days of the determination and the originally scheduled date shall be cancelled. In such a case, a permanency hearing report shall be transmitted to the parties and counsel, including the child’s attorney, on an expedited basis as directed by the court.
(4) Each permanency hearing order must contain a date certain for the next permanency hearing, which shall be not more than six months following the completion of the permanency hearing, except as provided in paragraph (3) of this subdivision. Except with respect to a child freed for adoption, if the child has a sibling or half-sibling removed from the home, whose permanency hearing is scheduled before this Court, the date certain shall be the same as the date certain for the sibling’s or half-sibling’s permanency hearing, unless the sibling or half-sibling was removed on a juvenile delinquency or person in need of supervision petition or unless either sibling has been freed for adoption.
(5) If the child has been adopted or has been the subject of a final order of discharge or custody or guardianship by the scheduled date certain, the permanency hearing shall be cancelled and the petitioner shall promptly so notify the court, all parties and their attorneys, including the child’s attorney, as well as all individuals required to be notified of the hearing pursuant to Family Court Act, section 1089.
(c) Required notice and transmittal of permanency reports. Except in cases involving children freed for adoption, in addition to sending the permanency hearing report and accompanying papers to the respondent parents’ last-known address and to their attorneys not less than 14 days in advance of the hearing date, the petitioner shall make reasonable efforts to provide actual notice of the permanency hearing to the respondent parents through any additional available means, including, but not limited to, case-work, service and visiting contacts. Additionally, not less than 14 days in advance of the hearing date, the petitioner shall send a notice of the permanency hearing and the report and accompanying documents to the non-respondent parent(s) and the foster parent or parents caring for the child, each of whom shall be a party, and to the child’s attorney. Petitioner shall also send the notice and report to a pre-adoptive parent or relative providing care for the child and shall send a notice, but not the report, to former foster parents who cared for the child in excess of one year unless the court has dispensed with such notice in accordance with paragraph two of subdivision (b) of section 1089 of the Family Court Act. The court shall give such persons an opportunity to be heard, but they shall not be considered parties and their failures to appear shall not constitute cause to delay the hearing. As provided in subdivision (d) of this section, the petitioner shall submit on or before the return date documentation of the notice or notices given to the respondent and non-respondent parents, their attorneys, the child’s attorney, and any present or former foster parent, pre-adoptive parent or relative.
(d) Required papers to be submitted.
(1) A sworn permanency report shall be submitted on the form officially promulgated by the Chief Administrator of the Courts and set forth in Chapter IV of Subtitle D of this Title, and shall contain all information required by section 1089 of the Family Court Act.
(2) The permanency report shall be accompanied by additional reports and documents as directed by the court, which may include, but not be limited to, periodic school report cards, photographs of the child, clinical evaluations and prior court orders in related proceedings.
(3) The copy of the report submitted to the Family Court must be sworn and must be accompanied by a list of all persons and addresses to whom the report and/or notice of the permanency hearing were sent. Except as otherwise directed by the Family Court, the list containing the addresses shall be kept confidential and shall not be part of the court record that may be subject to disclosure pursuant to section 205.5 of this Title. The copies of the permanency hearing report required to be sent to the parties and their attorneys, including the child’s attorney, not less than 14 days prior to the scheduled date certain need not be sworn so long as the verification accompanying the Family Court’s sworn copy attests to the fact that the copies transmitted were identical in all other respects to the court’s sworn copy.
(e) In any permanency hearing under Article 10-A of the Family Court Act, the child shall be represented by an attorney and the Family Court shall consider the child’s position regarding the child’s permanency plan.
Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.
Amended 205.17 on Oct. 26, 2005.
Amended (b)(1), (b)(4), (c), & (e) on Feb. 13, 2007.
Amended (b)(3), (b)(5), (c), (d)(3), & (e) on Oct. 5, 2010