N.Y. Comp. Codes R. & Regs. tit. 22 § 205.67

Current through Register Vol. 46, No. 51, December 18, 2024

Section 205.67 - Procedures for compliance with Adoption and Safe Families Act (persons in need of supervision proceeding)

(a) Pretrial detention; required findings. In any case in which detention is ordered by the court pursuant to section 728 or 739 of the Family Court Act, the court shall make additional, specific written findings regarding the following issues:

(1) whether the continuation of the respondent in his or her home would be contrary to his or her best interests; and

(2) whether reasonable efforts, where appropriate, were made, prior to the date of the court hearing that resulted in the detention order, to prevent or eliminate the need for removal of the respondent from his or her home, or, if the respondent had been removed from his or her home prior to such court hearing, whether reasonable efforts, where appropriate, were made to make it possible for the respondent to safely return home.

The court may request the petitioner, presentment agency, if any, and the local probation department to provide information to the court to aid in its determinations and may also consider information provided by the child's attorney.

(b) Motion for an order that reasonable efforts are not required. A motion for a judicial determination, pursuant to section 754 (2)(b) of the Family Court Act, that reasonable efforts to prevent or eliminate the need for removal of the respondent from his or her home or to make it possible to reunify the respondent with his or her parents are not required shall be governed by section 205.16 of this Part.

(c) Placement; required findings. In any case in which the court is considering ordering placement pursuant to section 756 of the Family Court Act, the petitioner, presentment agency, if any, local probation department and local commissioner of social services shall provide information to the court to aid in its required determination of the following issues:

(1) whether continuation in the respondent's home would be contrary to his or her best interests, and, if the respondent was removed from his or her home prior to the date of such hearing, whether such removal was in his or her best interests;

(2) whether reasonable efforts, where appropriate, were made, prior to the date of the dispositional hearing, to prevent or eliminate the need for removal of the respondent from his or her home, and, if the respondent was removed from his or her home prior to the date of such hearing, whether reasonable efforts, where appropriate, were made to make it possible for the respondent to return safely home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the respondent from his or her home were not made, but that the lack of such efforts was appropriate under the circumstances, the court order shall include such a finding;

(3) in the case of a respondent who has attained the age of 16, the services needed, if any, to assist the respondent to make the transition from foster care to independent living; and

(4) in the case of an order of placement specifying a particular authorized agency or foster care provider, the position of the local commissioner of social services regarding such placement.

(d) Permanency hearing; extension of placement.

(1) A petition for a permanency hearing and, if applicable, an extension of placement, pursuant to section 756-a of the Family Court Act, shall be filed at least 60 days prior to the expiration of one year following the respondent's entry into foster care; provided, however, that if the Family Court makes a determination, pursuant to section 754 (2)(b) of the Family Court Act, that reasonable efforts are not required to prevent or eliminate the need for removal of the respondent from his or her home or to make it possible to reunify the respondent with his or her parents, the permanency hearing shall be held within 30 days of such finding and the petition for the permanency hearing shall be filed and served on an expedited basis as directed by the court.

(2) Following the initial permanency hearing in a case in which the respondent remains in placement, a petition for a subsequent permanency hearing and, if applicable, extension of placement shall be filed at least 60 days prior to the expiration of one year following the date of the preceding permanency hearing.

(3) The permanency petition shall include, but not be limited to, the following: the date by which the permanency hearing must be held; the date by which any subsequent permanency petition must be filed; the proposed permanency goal for the child; the reasonable efforts, if any, undertaken to achieve the child's return to his or her parents and other permanency goal; the visitation plan for the child and his or her sibling or siblings and, if parental rights have not been terminated, for his or her parent or parents; and current information regarding the status of services ordered by the court to be provided, as well as other services that have been provided, to the child and his or her parents or parents.

(4) In all cases, the permanency petition shall be accompanied by the most recent service plan containing, at minimum: the child's permanency goal and projected time-frame for its achievement; the reasonable efforts that have been undertaken and are planned to achieve the goal; impediments, if any, that have been encountered in achieving the goal; the services required to achieve the goal; and a plan for the release or conditional release of the child, including information regarding steps to be taken to enroll the child in a school or, as applicable, vocational programs.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.67