New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A02601 Summary:

A02601 Actions:

A02601 Floor Votes:

A02601 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2601
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2013
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, CASTRO, ROBINSON, COOK, GALEF, GIBSON,
          GUNTHER, JAFFEE, MILLMAN, SCARBOROUGH, ZEBROWSKI -- Multi-Sponsored by
          -- M. of A. GOTTFRIED, WEISENBERG -- (at  request  of  the  Office  of
          Court  Administration)  --  read once and referred to the Committee on
          Children and Families
 

        AN ACT to amend the family court act, in relation to permanency planning
          in juvenile delinquency and persons in need of supervision proceedings
          in family court
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 312.1 of the family court act is amended by adding
     2  a new subdivision 4 to read as follows:
     3    4. Upon the filing of a petition under this article,  the  presentment
     4  agency  shall notify any non-custodial parents of the respondent who had
     5  not been issued a summons in accordance with  subdivision  one  of  this
     6  section,  provided  that  the  addresses  of  any such parents have been
     7  provided. The probation department and presentment agency shall ask  the

     8  custodial parent or person legally responsible for information regarding
     9  any  other  parent or parents of the respondent. The notice shall inform
    10  the parent or parents of the right to  appear  and  participate  in  the
    11  proceeding  and  to  seek temporary release or, upon disposition, direct
    12  placement of the respondent.  The  presentment  agency  shall  send  the
    13  notice  to the non-custodial parent at least five days before the return
    14  date. The failure of a parent entitled to notice to appear shall not  be
    15  cause  for  delay  of the respondent's initial appearance, as defined by
    16  section 320.1 of this article.
    17    § 2. Subdivision 2 of section  320.2  of  the  family  court  act,  as
    18  amended  by  chapter  41  of  the  laws  of  2010, is amended to read as
    19  follows:

    20    2. At the initial appearance the court must  appoint  an  attorney  to
    21  represent  the  respondent  pursuant  to  the  provisions of section two
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03049-01-3
        A. 2601                             2
 
     1  hundred forty-nine of this act if independent  legal  representation  is
     2  not  available  to  such  respondent.    Whenever  an  attorney has been
     3  appointed by the family court to represent a child in a proceeding under
     4  this  article,  such  appointment  shall  continue without further court
     5  order or appointment during the period covered by any order of  disposi-

     6  tion  issued by the court, an adjournment in contemplation of dismissal,
     7  or any extension or violation thereof, or during any permanency hearing,
     8  other post-dispositional proceeding or appeal. All notices  and  reports
     9  required  by  law  shall  be provided to such attorney. Such appointment
    10  shall continue unless another appointment of an attorney has  been  made
    11  by  the  court or unless such attorney makes application to the court to
    12  be relieved of his or her appointment. Upon approval of such application
    13  to be relieved, the court shall immediately appoint another attorney  to
    14  whom  all  notices  and  reports  required by law shall be provided. The
    15  attorney for the respondent shall be entitled to  compensation  pursuant

    16  to  applicable provisions of law for services rendered up to and includ-
    17  ing disposition of the petition. The attorney shall, by separate  appli-
    18  cation,  be  entitled  to  compensation  for services rendered after the
    19  disposition of the petition. Nothing in this section shall be  construed
    20  to  limit  the  authority of the court to remove an attorney from his or
    21  her assignment.
    22    § 3. Section 353.3 of the family court act is amended by adding a  new
    23  subdivision 4-a to read as follows:
    24    4-a.  (a)  Where  the respondent is placed with the office of children
    25  and family services or the commissioner of  the  local  social  services
    26  district pursuant to subdivision two, three or four of this section, the

    27  dispositional order or an attachment to the order incorporated by refer-
    28  ence into the order shall include:
    29    (i)  a  description  of  the plan to facilitate visitation between the
    30  respondent and his or her family;
    31    (ii) a service plan, if available. If the service  plan  has  not  yet
    32  been  developed,  then the service plan must be filed with the court and
    33  delivered to the presentment agency, attorney  for  the  respondent  and
    34  parent or parents or other person or persons legally responsible for the
    35  care of the respondent no later than sixty days from the date the dispo-
    36  sition was made; and
    37    (iii)  a  direction  that  the  parent  or  parents or other person or

    38  persons legally responsible for the respondent shall be notified of  any
    39  planning conferences to be held pursuant to subdivision three of section
    40  four hundred nine-e of the social services law, of their right to attend
    41  the conferences, and of their right to have counsel or another represen-
    42  tative or companion with them.
    43    (b)  A copy of the court's order and attachments shall be given to the
    44  parent or parents or other person or persons legally responsible for the
    45  care of the respondent. The order shall also contain a  notice  that  if
    46  the respondent remains in placement for fifteen of the most recent twen-
    47  ty-two months, the agency with which the child is placed may be required

    48  by law to file a petition to terminate the parental rights of the parent
    49  or parents of the respondent.
    50    §  4. Paragraphs (a), (b) and (c) of subdivision 7 of section 353.3 of
    51  the family court act, as amended by section 6 of part G of chapter 58 of
    52  the laws of 2010, are amended to read as follows:
    53    (a) Where the respondent is placed pursuant to subdivision  two  [or],
    54  three  or  four  of  this section and where the agency is not seeking an
    55  extension of the placement pursuant to section 355.3 of this part,  such
        A. 2601                             3
 
     1  report  shall  be  submitted  not  later  than  thirty days prior to the
     2  conclusion of the placement.
     3    (b)  Where  the respondent is placed pursuant to subdivision two [or],

     4  three or four of this section and where the agency is seeking an  exten-
     5  sion  of  the  placement  pursuant  to  section 355.3 of this part and a
     6  permanency hearing pursuant to section 355.5 of this part,  such  report
     7  shall  be submitted not later than sixty days prior to the date on which
     8  the permanency hearing must be held and shall be annexed to the petition
     9  for a permanency hearing and extension of placement.
    10    (c) Where the respondent is placed pursuant to subdivision  two  [or],
    11  three  or four of this section, such report shall contain a plan for the
    12  release, or conditional release (pursuant to section five hundred  ten-a
    13  of  the  executive  law), of the respondent to the custody of his or her
    14  parent or other person legally responsible, to independent living or  to

    15  another  permanency alternative as provided in paragraph (d) of subdivi-
    16  sion seven of section 355.5 of this part.   For purposes of  this  para-
    17  graph,  "placement  agency"  shall  refer  to the office of children and
    18  family services, the commissioner of the local social services  district
    19  or  the authorized agency under contract with the office of children and
    20  family services or commissioner of the local  social  services  district
    21  with  whom  the  respondent has been placed.  The release or conditional
    22  release plan shall provide as follows:
    23    (i) If the respondent is subject to article sixty-five of  the  educa-
    24  tion law or elects to participate in an educational program leading to a
    25  high school diploma, such plan shall include, but not be limited to, the

    26  steps  that the agency with which the respondent is placed has taken and
    27  will be taking in conjunction with the local education agency to [facil-
    28  itate] ensure the immediate enrollment  of  the  respondent  in  [a]  an
    29  appropriate  school  or  educational  program  leading  to a high school
    30  diploma [following] within five days of release,  or,  if  such  release
    31  occurs  during  the  summer recess, immediately upon the commencement of
    32  the next school term.  The placement agency shall ascertain  the  school
    33  calendar  from  the  school  district and shall, to the extent possible,
    34  work with the school district so that the timing of respondent's release

    35  from the program and enrollment in school are minimally  disruptive  for
    36  the  respondent  and  further  his  or her best interests. Not less than
    37  fourteen days prior to the respondent's release,  the  placement  agency
    38  shall  notify the school district where the respondent will be attending
    39  school and transfer all necessary records, including,  but  not  limited
    40  to,  the  respondent's  course  of  study,  credits  earned and academic
    41  record.
    42    (ii) If the placement agency has reason to believe that the respondent
    43  may have a disability or if the respondent had been  found  eligible  to
    44  receive  special education services prior to or during the placement, in
    45  accordance with article eighty-nine of  the  education  law,  such  plan

    46  shall include, but not be limited to, the steps that the placement agen-
    47  cy has taken and will be taking to ensure that the local education agen-
    48  cy  makes  any  necessary  referrals or arranges for special educational
    49  evaluations or services, as appropriate, and provides necessary  records
    50  immediately in accordance with state and federal law.
    51    (iii)  If  the  respondent is not subject to article sixty-five of the
    52  education law and does  not  elect  to  participate  in  an  educational
    53  program  leading  to a high school diploma, such plan shall include, but
    54  not be limited to, the steps that the agency with which  the  respondent
    55  is  placed  has  taken  and  will  be taking to assist the respondent to
        A. 2601                             4
 

     1  become gainfully employed or enrolled in a vocational program  following
     2  release.
     3    §  5. The opening paragraph of subdivision 2, the opening paragraph of
     4  subdivision 3, subdivision 5, subdivision 6 and paragraphs (b)  and  (d)
     5  of  subdivision  7 of section 355.5 of the family court act, the opening
     6  paragraph of subdivision 2 and the opening paragraph of subdivision 3 as
     7  amended by chapter 145 of the laws of 2000, subdivision 5 and  paragraph
     8  (b) of subdivision 7 as added by chapter 7 of the laws of 1999, subdivi-
     9  sion  6  as amended by section 1 of part B of chapter 327 of the laws of
    10  2007, and paragraph (d) of subdivision 7 as amended by  chapter  181  of
    11  the  laws of 2000, are amended and a new subdivision 10 is added to read
    12  as follows:
    13    Where a respondent is placed with a commissioner of social services or

    14  the office of children and family services pursuant to subdivision  two,
    15  three  or  four  of section 353.3 of this [article] part for a period of
    16  twelve or fewer months and resides in a foster home or in  a  non-secure
    17  or limited secure facility[;]:
    18    Where a respondent is placed with a commissioner of social services or
    19  the  office of children and family services pursuant to subdivision two,
    20  three or four of section 353.3 of this [article] part for  a  period  in
    21  excess  of twelve months and resides in a foster home or in a non-secure
    22  or limited secure facility[;]:
    23    5. A petition for an initial or subsequent permanency hearing shall be

    24  filed by the office of children and family services or  by  the  commis-
    25  sioner  of  social  services  with whom the respondent was placed.  Such
    26  petition shall be filed no later than sixty days prior to the end of the
    27  month in which an initial or subsequent permanency hearing must be held,
    28  as directed in subdivision two of this section.  The petition  shall  be
    29  accompanied  by a permanency report that conforms to the requirements of
    30  subdivision (c) of section one thousand eighty-nine of this act.
    31    6.  The respondent and his or her attorney shall be  notified  of  the
    32  hearing  and  of  the  respondent's  right to be heard and a copy of the
    33  permanency petition and accompanying report  filed  in  accordance  with
    34  subdivision  five  of  this  section shall be served on the respondent's

    35  attorney. The foster parent caring for the respondent or  any  pre-adop-
    36  tive  parent  or  relative  providing  care  for the respondent shall be
    37  provided with notice of any permanency hearing  held  pursuant  to  this
    38  section  by  the  office  of  children  and family services or the local
    39  commissioner of social services with whom  the  respondent  was  placed.
    40  Such  foster  parent,  pre-adoptive  parent  and relative shall have the
    41  right to be heard at any such hearing; provided, however, no such foster
    42  parent, pre-adoptive parent or relative shall be construed to be a party
    43  to the hearing solely on the basis of such notice and right to be heard.
    44  The failure of the  foster  parent,  pre-adoptive  parent,  or  relative
    45  caring  for  the  [child]  respondent  to appear at a permanency hearing

    46  shall constitute a waiver of the right to be heard and such  failure  to
    47  appear  shall not cause a delay of the permanency hearing nor shall such
    48  failure to appear be a ground for the invalidation of any  order  issued
    49  by the court pursuant to this section.
    50    (b)  in the case of a respondent who has attained the age of [sixteen]
    51  fourteen, the services needed, if any, to assist the respondent to  make
    52  the transition from foster care to independent living;
    53    (d)  with  regard  to the completion of placement ordered by the court
    54  pursuant to section 353.3 or 355.3 of this [article] part:  whether  and
    55  when the respondent: (i) will be returned to the parent or parents; (ii)
    56  should  be  placed  for  adoption  with the local commissioner of social
        A. 2601                             5
 

     1  services filing a petition for termination  of  parental  rights;  (iii)
     2  should  be referred for legal guardianship; (iv) should be placed perma-
     3  nently with a fit and willing relative;  or  (v)  should  be  placed  in
     4  another planned permanent living arrangement that includes a significant
     5  connection to an adult willing to be a permanency resource for the child
     6  if  the office of children and family services or the local commissioner
     7  of social services has documented to the court a compelling  reason  for
     8  determining  that it would not be in the best interest of the respondent
     9  to return home, be referred  for  termination  of  parental  rights  and
    10  placed  for  adoption, placed with a fit and willing relative, or placed
    11  with a legal guardian; and
    12    10. (a) If the order resulting from the permanency hearing extends the

    13  respondent's placement pursuant to section  355.3  of  this  part  in  a
    14  foster  home or non-secure or limited secure facility or if the respond-
    15  ent continues in such placement under a prior order of placement  or  an
    16  extension  thereof, the order or an attachment to the order incorporated
    17  into the order by reference shall include:
    18    (i) a description of the plan to  facilitate  visitation  between  the
    19  respondent and his or her family;
    20    (ii) a service plan aimed at effectuating the permanency goal; and
    21    (iii)  a  direction  that  the  parent  or  parents or other person or
    22  persons legally responsible for the respondent shall be notified of  any
    23  planning conferences, including those held pursuant to subdivision three

    24  of  section  four  hundred  nine-e  of the social services law, of their
    25  right to attend the conferences, and their  right  to  have  counsel  or
    26  another representative or companion with them.
    27    (b)  Where the court determines that reasonable efforts in the form of
    28  services or assistance to the respondent and his  or  her  family  would
    29  further  the  respondent's  needs  and  best  interests and the need for
    30  protection of the community and would make it possible for the  respond-
    31  ent  to  safely  return  home  or  to make the transition to independent
    32  living, the court may include in its  order  a  direction  for  a  local
    33  social  services,  mental health or probation official or an official of

    34  the office of children and family services or office of metal health, as
    35  applicable, to provide or arrange  for  the  provision  of  services  or
    36  assistance to the respondent and his or her family. Such order regarding
    37  a  local social services official shall not include the provision of any
    38  service or assistance to the respondent and his or her  family  that  is
    39  not  authorized  or required to be made available pursuant to the county
    40  child and family services plan then  in  effect.  In  any  order  issued
    41  pursuant  to  this  section,  the court may require the official to make
    42  periodic progress reports to the court on  the  implementation  of  such
    43  order.  Violation  of such order shall be subject to punishment pursuant

    44  to section seven hundred fifty-three of the judiciary law.
    45    (c) A copy of the court's order and the attachments shall be given  to
    46  the respondent and his or her attorney and to the respondent's parent or
    47  parents  or other person or persons legally responsible for the respond-
    48  ent. The order shall also  contain  a  notice  that  if  the  respondent
    49  remains in foster care for fifteen of the most recent twenty-two months,
    50  the agency with which the respondent is placed may be required by law to
    51  file  a  petition  to  terminate  the  parental  rights of the parent or
    52  parents of the respondent.
    53    § 6. Section 736 of the family court act is amended by  adding  a  new
    54  subdivision 4 to read as follows:

    55    (4) In any proceeding under this article, the court shall cause a copy
    56  of  the  petition  and  notice  of  the time and place to be heard to be
        A. 2601                             6
 
     1  served upon any non-custodial parent of the  respondent,  provided  that
     2  the address of such parent is known to or is ascertainable by the court.
     3  Service shall be made by ordinary first class mail at such parent's last
     4  known residence. The failure of such parent to appear shall not be cause
     5  for delay of the proceedings.
     6    §  7.  Subdivision  (a)  of  section  741  of the family court act, as
     7  amended by chapter 41 of the laws of 2010, is amended and a new subdivi-
     8  sion (d) is added to read as follows:

     9    (a) At the initial appearance of a respondent in a proceeding  and  at
    10  the  commencement  of any hearing under this article, the respondent and
    11  his or her parent or other person legally responsible  for  his  or  her
    12  care  shall be advised of the respondent's right to remain silent and of
    13  the respondent's right to be represented by counsel chosen by him or her
    14  or his or her parent or other person legally responsible for his or  her
    15  care, or by an attorney assigned by the court under part four of article
    16  two of this act.  [Provided, however, that in] In the event of the fail-
    17  ure  of  the respondent's parent or other person legally responsible for
    18  his or her care to appear, after reasonable and substantial  effort  has
    19  been  made  to notify such parent or responsible person of the commence-

    20  ment of the proceeding and such  initial  appearance,  the  court  shall
    21  appoint  an  attorney for the respondent and shall, unless inappropriate
    22  also appoint a guardian ad litem for such respondent, and in such event,
    23  shall inform the respondent of such  rights  in  the  presence  of  such
    24  attorney and any guardian ad litem.
    25    (d)  Whenever  an  attorney  has been appointed by the family court to
    26  represent a respondent in a proceeding under this  article  pursuant  to
    27  subdivision (a) of this section, such appointment shall continue without
    28  further court order or appointment during an order of disposition issued
    29  by  the  court,  an  adjournment  in  contemplation of dismissal, or any
    30  extension or violation thereof, or any permanency hearing,  other  post-

    31  dispositional  proceeding or appeal. All notices and reports required by
    32  law shall be provided to such attorney. Such appointment shall  continue
    33  unless  another appointment of an attorney has been made by the court or
    34  unless such attorney makes application to the court to  be  relieved  of
    35  his  or  her  appointment.  Upon  approval  of  such  application  to be
    36  relieved, the court shall immediately appoint another attorney  to  whom
    37  all  notices and reports required by law shall be provided. The attorney
    38  shall be entitled to compensation pursuant to applicable  provisions  of
    39  law  for  services rendered up to and including disposition of the peti-
    40  tion. The attorney  shall,  by  separate  application,  be  entitled  to

    41  compensation  for  services  rendered after the disposition of the peti-
    42  tion. Nothing in this section shall be construed to limit the  authority
    43  of the court to remove an attorney from his or her assignment.
    44    § 8. Subdivision (a) of section 756 of the family court act is amended
    45  by adding two new paragraphs (iii) and (iv) to read as follows:
    46    (iii)  The  local  commissioner  of social services or the relative or
    47  suitable person with whom the respondent  has  been  placed  under  this
    48  section  shall  submit  a  report  to  the  court,  the attorney for the
    49  respondent and the presentment agency, if any,  not  later  than  thirty
    50  days prior to the conclusion of the placement period; provided, however,

    51  that  where the local commissioner of social services or the relative or
    52  suitable person with whom the respondent has been placed files  a  peti-
    53  tion for an extension of the placement and a permanency hearing pursuant
    54  to  section seven hundred fifty-six-a of this part, such report shall be
    55  submitted not later than sixty days prior  to  the  date  on  which  the
    56  permanency hearing must be held and shall be annexed to the petition.
        A. 2601                             7
 
     1    (iv)  The permanency hearing report submitted in accordance with para-
     2  graph (iii) of this subdivision shall conform  to  the  requirements  of
     3  subdivision  (c)  of  section  one  thousand eighty-nine of this act and

     4  shall contain recommendations and such supporting data as  is  appropri-
     5  ate.  The permanency hearing report, as well as the report submitted not
     6  later than thirty days prior to the conclusion of  the  placement  shall
     7  include, but not be limited to, a plan for the release of the respondent
     8  to  the  custody  of  his  or  her  parent or parents or other person or
     9  persons legally responsible for the respondent's  care,  or  to  another
    10  permanency  alternative as provided in paragraph (iv) of subdivision (d)
    11  of section seven hundred fifty-six-a of this part. For purposes of  this
    12  paragraph,  "placement agency" shall refer to the commissioner of social
    13  services or an authorized agency under contract with the commissioner of

    14  the local social services district with whom  the  respondent  has  been
    15  placed. The release plan shall provide as follows:
    16    (1)  If  the respondent is subject to article sixty-five of the educa-
    17  tion law or elects to participate in an educational program leading to a
    18  high school diploma following release, such plan shall include, but  not
    19  be limited to, the steps that the placement agency has taken and will be
    20  taking  in  conjunction  with  the  local education agency to ensure the
    21  immediate enrollment of the  respondent  in  an  appropriate  school  or
    22  educational  program  leading to a high school diploma within five busi-
    23  ness days of release or,  if  such  release  occurs  during  the  summer

    24  recess,  immediately  upon the commencement of the next school term. The
    25  placement agency shall ascertain the school  calendar  from  the  school
    26  district  and  shall,  to  the  extent  possible,  work  with the school
    27  district so that the timing of respondent's release from the program and
    28  enrollment in school are minimally disruptive  for  the  respondent  and
    29  further  his or her best interests. Not less than fourteen days prior to
    30  the respondent's release, the placement agency shall notify  the  school
    31  district  where the respondent will be attending school and transfer all
    32  necessary records, including but not limited to, the respondent's course
    33  of study, credits earned and academic record.

    34    (2) If the placement agency has reason to believe that the  respondent
    35  may  have  a  disability or if the respondent had been found eligible to
    36  receive special education services prior to or during the placement,  in
    37  accordance  with  article  eighty-nine  of  the education law, such plan
    38  shall include, but not be limited to, the steps that the placement agen-
    39  cy has taken and will be taking to ensure that the local education agen-
    40  cy makes any necessary referrals or  arranges  for  special  educational
    41  evaluations  or services, as appropriate, and provides necessary records
    42  immediately in accordance with state and federal law.
    43    (3) If the respondent is not subject  to  article  sixty-five  of  the

    44  education  law  and  elects not to participate in an educational program
    45  leading to a high school diploma, such plan shall include,  but  not  be
    46  limited  to,  the  steps that the placement agency has taken and will be
    47  taking to assist the respondent to become gainfully employed  or  to  be
    48  enrolled in a vocational program immediately upon release.
    49    §  9.  Section  756 of the family court act is amended by adding a new
    50  subdivision (d) to read as follows:
    51    (d)(i) Where the respondent is placed pursuant to  this  section,  the
    52  dispositional order or an attachment to the order incorporated by refer-
    53  ence into the order shall include:
    54    (1)  a  description  of  the  visitation plan, including any plans for

    55  visits and/or contact with the respondent's siblings;
        A. 2601                             8
 
     1    (2) a service plan, if available. If the service plan has not yet been
     2  developed, then the service plan must be filed with the court and deliv-
     3  ered to the presentment agency, attorney for the respondent  and  parent
     4  or  parents  or other person or persons legally responsible for the care
     5  of  the  respondent no later than ninety days from the date the disposi-
     6  tion was made; and
     7    (3) a direction that the parent or parents or other person or  persons
     8  legally  responsible for care of the respondent shall be notified of any
     9  planning conferences to be held pursuant to subdivision three of section

    10  four hundred nine-e of the social services law, of their right to attend
    11  the conferences, and of their right to have counsel or another represen-
    12  tative or companion with them.
    13    (ii) A copy of the court's order and attachments shall be given to the
    14  respondent and his or her attorney and to  the  respondent's  parent  or
    15  parents  or  other person or persons legally responsible for the care of
    16  the respondent. The order shall  also  contain  a  notice  that  if  the
    17  respondent  remains  in placement for fifteen of the most recent twenty-
    18  two months, the agency with  which  the  respondent  is  placed  may  be
    19  required  by  law to file a petition to terminate the parental rights of
    20  the parent or parents of the respondent.

    21    § 10. Subdivision (a), subdivision (b) and the opening  paragraph  and
    22  paragraphs  (ii),  (iii) and (iv) of subdivision (d) of section 756-a of
    23  the family court act, subdivision (a) as amended by chapter 309  of  the
    24  laws  of  1996, subdivision (b) and the opening paragraph and paragraphs
    25  (ii), (iii) and (iv) of subdivision (d) as amended by section 4 of  part
    26  B  of  chapter  327 of the laws of 2007, are amended and a new paragraph
    27  (v) is added to subdivision (d) to read as follows:
    28    (a) In any case in which the [child] respondent has been placed pursu-
    29  ant to section  seven  hundred  fifty-six  of  this  part,  the  [child]
    30  respondent,  the person with whom the [child] respondent has been placed
    31  or the local commissioner of social services may petition the  court  to

    32  extend  such placement. Such petition shall be filed at least sixty days
    33  prior to the expiration of the period  of  placement,  except  for  good
    34  cause  shown,  but  in  no  event shall such petition be filed after the
    35  original expiration date.   The  petition  shall  be  accompanied  by  a
    36  permanency  report  that conforms to the requirements of paragraph (iii)
    37  of subdivision (a) of section seven hundred fifty-six of this part.
    38    (b) The court shall conduct a permanency hearing concerning  the  need
    39  for  continuing  the  placement. The [child] respondent, the person with
    40  whom the [child] respondent has been placed and the  local  commissioner
    41  of  social services shall be notified of such hearing and shall have the

    42  right to be heard thereat.   A copy of  the  petition  and  accompanying
    43  permanency report shall be served on the respondent's attorney.
    44    At  the  conclusion  of  the  permanency hearing the court may, in its
    45  discretion, order an extension of the placement for not  more  than  one
    46  year,  which may include a period of post-release supervision and after-
    47  care, or may direct that the respondent be placed on probation  for  not
    48  more  than  one  year,  pursuant to section seven hundred fifty-seven of
    49  this part, or may order that the petition for an extension of  placement
    50  be dismissed.  The court must consider and determine in its order:
    51    (ii)  in  the case of a [child] respondent who has attained the age of

    52  [sixteen] fourteen, the services needed, if any, to assist  the  [child]
    53  respondent  to  make  the  transition  from  foster  care to independent
    54  living;
        A. 2601                             9
 
     1    (iii) in the case of a [child]  respondent  placed  outside  New  York
     2  state,  whether  the  out-of-state placement continues to be appropriate
     3  and in the best interests of the [child] respondent; [and]
     4    (iv) whether and when the [child] respondent:  (A) will be returned to
     5  the  parent;  (B) should be placed for adoption with the social services
     6  official filing a petition  for  termination  of  parental  rights;  (C)
     7  should  be  referred for legal guardianship; (D) should be placed perma-

     8  nently with a fit and willing relative;  or  (E)  should  be  placed  in
     9  another planned permanent living arrangement that includes a significant
    10  connection  to  an  adult  willing  to  be a permanency resource for the
    11  respondent if the social services official has documented to the court a
    12  compelling reason for determining that it  would  not  be  in  the  best
    13  interest  of  the  [child]  respondent  to  return home, be referred for
    14  termination of parental rights and placed for adoption,  placed  with  a
    15  fit and willing relative, or placed with a legal guardian; and where the
    16  [child] respondent will not be returned home, consideration of appropri-
    17  ate in-state and out-of-state placements[.]; and

    18    (v)  with regard to the placement or extension of placement ordered by
    19  the court pursuant to section seven hundred fifty-six of this part,  the
    20  steps  that  must  be  taken  by the agency with which the respondent is
    21  placed to implement the plan for release  submitted  pursuant  to  para-
    22  graphs  (iii)  and (iv) of subdivision (a) of such section, the adequacy
    23  of such plan and any modifications that should be made to such plan.
    24    § 11. Subdivisions (e) and (f) of section 756-a of  the  family  court
    25  act are relettered subdivisions (f) and (g) and a new subdivision (e) is
    26  added to read as follows:
    27    (e)(i)  If  the order from the permanency hearing extends the respond-
    28  ent's placement or if the respondent  continues  in  placement  under  a

    29  prior  order,  the order or an attachment to the order incorporated into
    30  the order by reference shall include:
    31    (1) a description of the visitation  plan,  including  any  plans  for
    32  visitation and/or contact with the respondent's siblings;
    33    (2) a service plan aimed at effectuating the permanency goal; and
    34    (3)  a direction that the parent or parents or other person or persons
    35  legally responsible for the care of the respondent shall be notified  of
    36  any  planning  conferences  to  be held pursuant to subdivision three of
    37  section four hundred nine-e of the social services law, of  their  right
    38  to  attend the conferences and of their right to have counsel or another
    39  representative or companion with them.

    40    (ii) A copy of the court's order and the service plan shall  be  given
    41  to the respondent and his or her attorney and to the respondent's parent
    42  or  parents  or other person or persons legally responsible for the care
    43  of the respondent. The order shall also contain a  notice  that  if  the
    44  respondent  remains  in foster care for fifteen of the most recent twen-
    45  ty-two months, the agency may be required by law to file a  petition  to
    46  terminate  the  parental rights of the parent or parents of the respond-
    47  ent.
    48    § 12. This act shall take effect on the ninetieth day after  it  shall
    49  have become a law.