N.Y. FCT Law § 1096 — New York Code / Act FCT / Article 10-C / Section 1096
Custody or guardianship with relatives or suitable persons pursuant to article six of this act or article seventeen of the surrogate's co...
Status: in_force

§ 1096. Custody or guardianship with relatives or suitable persons\npursuant to article six of this act or article seventeen of the\nsurrogate's court procedure act. (a) At the conclusion of a hearing held\npursuant to section one thousand ninety-five of this article, the court\nmay enter an order of disposition granting custody or guardianship of\nthe child to a relative or suitable person under article six of this act\nor guardianship of the child to a relative or suitable person under\narticle seventeen of the surrogate's court procedure act if:\n  (1) the relative or suitable person has filed a petition for custody\nor guardianship of the child pursuant to article six of this act or\nguardianship of the child pursuant to article seventeen of the\nsurrogate's court procedure act; and\n  (2) the court finds that granting custody or guardianship of the child\nto the relative or suitable person is in the best interests of the\nchild; and\n  (3) the court finds that granting custody or guardianship of the child\nto the relative or suitable person under article six of this act or\nguardianship of the child to a relative or suitable person under article\nseventeen of the surrogate's court procedure act will provide the child\nwith a safe and permanent home; and\n  (4) all parties to the destitute child proceeding consent to the\ngranting of custody or guardianship under article six of this act or\narticle seventeen of the surrogate's court procedure act; or\n  (5) after a consolidated fact finding and dispositional hearing on the\ndestitute child petition and the petition under article six of this act\nor article seventeen of the surrogate's court procedure act:\n  (i) if a parent or parents fail to consent to the granting of custody\nor guardianship under article six of this act or guardianship under\narticle seventeen of the surrogate's court procedure act, the court\nfinds that extraordinary circumstances exist that support granting an\norder of custody or guardianship under article six of this act or\nguardianship under article seventeen of the surrogate's court procedure\nact; or\n  (ii) if the parent or parents consent and a party other than a parent\nfails to consent to the granting of custody or guardianship under\narticle six of this act or guardianship under article seventeen of the\nsurrogate's court procedure act, the court finds that granting custody\nor guardianship of the child to the relative or suitable person is in\nthe best interests of the child.\n  (b) An order made in accordance with the provisions of this section\nshall set forth the required findings as described in subdivision (a) of\nthis section and shall constitute the final disposition of the destitute\nchild proceeding. Notwithstanding any other provision of law, the court\nshall not issue an order of supervision nor may the court require the\nlocal department of social services to provide services to the parent,\nparents, caretaker or interested adult when granting custody or\nguardianship pursuant to article six of this act or guardianship under\narticle seventeen of the surrogate's court procedure act under this\nsection.\n  (c) As part of the order granting custody or guardianship pursuant to\narticle six of this act or guardianship pursuant to article seventeen of\nthe surrogate's court procedure act, the court may require that the\nlocal department of social services and the attorney for the child\nreceive notice of and be made parties to any subsequent proceeding to\nmodify such order of custody or guardianship.\n  (d) An order entered in accordance with this section shall conclude\nthe court's jurisdiction over the proceeding held pursuant to this\narticle and the court shall not maintain jurisdiction over the parties\nfor the purposes of permanency hearings held pursuant to article ten-A\nof this act.\n