N.Y. FCT Law § 352.2 — New York Code / Act FCT / Article 3 / Part 5 / Section 352.2
Order of disposition
Status: in_force

§ 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 as defined\nin section 125.20 or manslaughter in the second degree as defined in\nsection 125.15 of the penal law and the victim was another child of the\nparent, provided, however, that the parent must have acted voluntarily\nin committing such crime;\n  (3) the parent of such child has been convicted of an attempt to\ncommit any of the foregoing crimes, and the victim or intended victim\nwas the child or another child of the parent; or has been convicted of\ncriminal solicitation as defined in article one hundred, conspiracy as\ndefined in article one hundred five or criminal facilitation as defined\nin article one hundred fifteen of the penal law for conspiring,\nsoliciting or facilitating any of the foregoing crimes, and the victim\nor intended victim was the child or another child of the parent;\n  (4) the parent of such respondent has been convicted of assault in the\nsecond degree as defined in section 120.05, assault in the first degree\nas defined in section 120.10 or aggravated assault upon a person less\nthan eleven years old as defined in section 120.12 of the penal law, and\nthe commission of one of the foregoing crimes resulted in serious\nphysical injury to the respondent or another child of the parent;\n  (5) the parent of such respondent has been convicted in any other\njurisdiction of an offense which includes all of the essential elements\nof any crime specified in subparagraph two, three or four of this\nparagraph, and the victim of such offense was the respondent or another\nchild of the parent; or\n  (6) the parental rights of the parent to a sibling of such respondent\nhave been involuntarily terminated;\nunless the court determines that providing reasonable efforts would be\nin the best interests of the child, not contrary to the health and\nsafety of the child, and would likely result in the reunification of the\nparent and the child in the foreseeable future. The court shall state\nsuch findings in its order.\n  If the court determines that reasonable efforts are not required\nbecause of one of the grounds set forth above, a permanency hearing\nshall be held pursuant to section 355.5 of this article within thirty\ndays of the finding of the court that such efforts are not required. The\nsocial services official or the office of children and family services,\nwhere the respondent was placed with such office, shall subsequent to\nthe permanency hearing make reasonable efforts to place the respondent\nin a timely manner and to complete whatever steps are necessary to\nfinalize the permanent placement of the respondent as set forth in the\npermanency plan approved by the court. If reasonable efforts are\ndetermined by the court not to be required because of one of the grounds\nset forth in this paragraph, the social services official may file a\npetition for termination of parental rights in accordance with section\nthree hundred eighty-four-b of the social services law.\n  (d) For the purposes of this section, in determining reasonable\nefforts to be made with respect to the respondent, and in making such\nreasonable efforts, the respondent's health and safety shall be the\nparamount concern.\n  (e) For the purpose of this section, a sibling shall include a\nhalf-sibling.\n  * (f)(1) In a social services district operating an approved juvenile\njustice services close to home initiative pursuant to section four\nhundred four of the social services law, upon the effective date of a\nrisk assessment instrument and any risk assessment process that have\nbeen approved by the office of children and family services pursuant to\nsubdivision two-a of section 351.1 of this part, the court shall give\ndue consideration to the results of the validated risk assessment and\nany such process provided to the court pursuant to such subdivision when\ndetermining the appropriate disposition for the respondent.\n  (2) Any order of the court directing the placement of a respondent\ninto a residential program shall state:\n  (i) the level of risk the youth was assessed at pursuant to the\nvalidated risk assessment instrument; and\n  (ii) if a determination is made to place a youth in a higher level of\nplacement than appears warranted based on such risk assessment\ninstrument and any approved risk assessment process, the particular\nreasons why such placement was determined to be necessary for the\nprotection of the community and to be consistent with the needs and best\ninterests of the respondent; and\n  (iii) that a less restrictive alternative that would be consistent\nwith the needs and best interests of the respondent and the need for\nprotection of the community is not available.\n  * NB Repealed March 31, 2028\n  * (g)(i) Once a validated risk assessment instrument and any risk\nassessment process is a required part of each probation investigation\nordered under subdivision two of section 351.1 of this part and provided\nto the court in accordance with subdivision two-b of such section, the\ncourt shall give due consideration to the results of such validated risk\nassessment and any such process when determining the appropriate\ndisposition for the respondent.\n  (ii) Any order of the court directing the placement of a respondent\ninto a residential program shall state:\n  (A) the level of risk the youth was assessed pursuant to the validated\nrisk assessment instrument; and\n  (B) if a determination is made to place a youth in a higher level of\nplacement than appears warranted based on such risk assessment\ninstrument and any risk assessment process, the particular reasons why\nsuch placement was determined to be necessary for the protection of the\ncommunity and to be consistent with the needs and best interests of the\nrespondent; and\n  (C) that a less restrictive alternative that would be consistent with\nthe needs and best interests of the respondent and the need for\nprotection of the community is not available.\n  * NB Repealed March 31, 2028\n  3. The order shall state the court's reasons for the particular\ndisposition, including, in the case of a restrictive placement pursuant\nto section 353.5, the specific findings of fact required in such\nsection.\n  4. Where a youth receives a juvenile delinquency adjudication for\nconduct committed when the youth was sixteen years of age or, commencing\non October first, two thousand nineteen, seventeen years of age, that\nwould solely constitute a violation as defined in subdivision three of\nsection 10.00 of the penal law and if the presumption pursuant to\nsubdivision three of section 345.1 of this article has been rebutted,\nthe court shall have the power to enter an order of disposition in\naccordance with paragraph (a) of subdivision one of this section. The\ncourt shall not order detention, probation or placement of a youth\nsolely adjudicated under this subdivision.\n