New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.17 - Permanency hearings for child in foster care, children directly placed with relatives or other suitable persons and children freed for adoption

Current through Register Vol. 46, No. 28, July 10,
				  2024
(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.