N.Y. FCT Law § 355.3 — New York Code / Act FCT / Article 3 / Part 5 / Section 355.3
Extension of placement
Status: in_force

§ 355.3 Extension of placement. 1. In any case in which the respondent\nhas been placed pursuant to section 353.3 the respondent, the person\nwith whom the respondent has been placed, the commissioner of social\nservices, or the division for youth may petition the court to extend\nsuch placement. Such petition shall be filed at least sixty days prior\nto the expiration of the period of placement, except for good cause\nshown but in no event shall such petition be filed after the original\nexpiration date.\n  2. The court shall conduct a hearing concerning the need for\ncontinuing the placement. The respondent, the presentment agency and the\nagency with whom the respondent has been placed shall be notified of\nsuch hearing and shall have the opportunity to be heard thereat. If the\npetition is filed within sixty days prior to the expiration of the\nperiod of placement, the court shall first determine at such hearing\nwhether good cause has been shown. If good cause is not shown, the court\nshall dismiss the petition.\n  3. The provisions of sections 350.3 and 350.4 shall apply at such\nhearing.\n  4. At the conclusion of the hearing the court may, in its discretion,\norder an extension of the placement for not more than one year. The\ncourt must consider and determine in its order:\n  (i) that where appropriate, and where consistent with the need for the\nprotection of the community, reasonable efforts were made to make it\npossible for the respondent to safely return to his or her home;\n  (ii) in the case of a respondent who has attained the age of sixteen,\nthe services needed, if any, to assist the child to make the transition\nfrom foster care to independent living; and\n  (iii) in the case of a child placed outside New York state, whether\nthe out-of-state placement continues to be appropriate and in the best\ninterests of the child.\n  5. Pending final determination of a petition to extend such placement\nfiled in accordance with the provisions of this section, the court may,\non its own motion or at the request of the petitioner or respondent,\nenter one or more temporary orders extending a period of placement for a\nperiod not to exceed thirty days upon satisfactory proof showing\nprobable cause for continuing such placement and that each temporary\norder is necessary. The court may order additional temporary extensions,\nnot to exceed a total of fifteen days, if the court is unable to\nconclude the hearing within the thirty day temporary extension period.\nIn no event shall the aggregate number of days in extentions granted or\nordered under this subdivision total more than forty-five days. The\npetition shall be dismissed if a decision is not rendered within the\nperiod of placement or any temporary extension thereof.\n  6. Successive extensions of placement under this section may be\ngranted, but no placement may be made or continued beyond the\nrespondent's eighteenth birthday without his or her consent and in no\nevent past his or her twenty-first birthday except as provided for in\nsubdivision four of section 353.5 of this part.\n  7. A youth who was formerly a respondent pursuant to this article may\nbe eligible to file a motion pursuant to article ten-B of this act and\nmay be subsequently placed into foster care, in a supervised setting as\ndefined in subdivision twenty-two of section three hundred seventy-one\nof the social services law or placement in a foster family home, which\nshall include a kinship placement or a placement with fictive kin.\n