New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A07556 Summary:

A07556 Actions:

A07556 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Jaffee      
DATE:05/16/2017AYE/NAY:13/1  Action: Favorable refer to committee Codes        
Jaffee
Aye
Walsh
Aye
Arroyo
Aye
Friend
Nay
Titus
Aye
Errigo
Aye
Mayer
Aye
Miller
Absent
Fahy
Aye
Davila
Absent
Richardson
Aye
Harris
Aye
Williams
Absent
Barnwell
Aye
Wright
Aye
Vanel
Aye
Jean-Pierre
Aye

Committee:CODES   Chair:Lentol      
DATE:06/06/2017AYE/NAY:21/1  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

Committee:RULES   Chair:Heastie      
DATE:06/12/2017AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Excused
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Excused
Hawley
Aye
Ortiz
Excused
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Excused
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A07556 Floor Votes:

A07556 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7556
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 2, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  JAFFEE -- (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
    22  hundred forty-nine of this act if independent  legal  representation  is
    23  not  available  to  such  respondent.  Whenever  an  attorney  has  been
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10672-02-7
        A. 7556                             2
 
     1  appointed by the family court to represent a child in a proceeding under
     2  this article, such appointment  shall  continue  without  further  court
     3  order  or appointment during the period covered by any order of disposi-
     4  tion  issued by the court, an adjournment in contemplation of dismissal,
     5  or any extension or violation thereof, or during any permanency hearing,
     6  other post-dispositional proceeding or appeal. All notices  and  reports
     7  required  by  law  shall be provided to such attorney.  Such appointment
     8  shall continue unless another appointment of an attorney has  been  made
     9  by  the  court or unless such attorney makes application to the court to
    10  be relieved of his or her appointment. Upon approval of such application
    11  to be relieved, the court shall immediately appoint another attorney  to
    12  whom  all  notices  and  reports  required by law shall be provided. The
    13  attorney for the respondent shall be entitled to  compensation  pursuant
    14  to  applicable provisions of law for services rendered up to and includ-
    15  ing disposition of the petition. The attorney shall, by separate  appli-
    16  cation,  be  entitled  to  compensation  for services rendered after the
    17  disposition of the petition. Nothing in this section shall be  construed
    18  to  limit  the  authority of the court to remove an attorney from his or
    19  her assignment.
    20    § 3. Section 353.3 of the family court act is amended by adding a  new
    21  subdivision 4-a to read as follows:
    22    4-a.  Where  the  respondent is placed with the office of children and
    23  family services or the  commissioner  of  social  services  pursuant  to
    24  subdivision  two, three or four of this section, the dispositional order
    25  or an attachment to the order incorporated by reference into  the  order
    26  shall include:
    27    (a)  a description of the plan to facilitate visitation, including any
    28  plans for visits and/or contact with the respondent's siblings.  If  the
    29  visitation  plan  has  not  yet been developed, then the visitation plan
    30  must be filed with the court and delivered to  the  presentment  agency,
    31  attorney  for  the  respondent  and parent or parents or other person or
    32  persons legally responsible for the care of the respondent no later than
    33  sixty days from the date the disposition was made; and
    34    (b) a service plan, if available. If the service plan has not yet been
    35  developed, then the service plan must be filed with the court and deliv-
    36  ered to the presentment agency, attorney for the respondent  and  parent
    37  or  parents  or other person or persons legally responsible for the care
    38  of the respondent no later than sixty days from the date the disposition
    39  was made; and
    40    (c) a direction that the parent or parents or other person or  persons
    41  legally responsible for the respondent shall be notified of any planning
    42  conferences  to  be  held  pursuant to subdivision three of section four
    43  hundred nine-e of the social services law, of their right to attend  the
    44  conferences,  and  of  their  right to have counsel or another represen-
    45  tative or companion with them; and, further,  that  the  respondent,  if
    46  fourteen  years of age or older, be involved in the development of plans
    47  as required by federal law.
    48    A copy of the court's order and attachments  shall  be  given  to  the
    49  parent or parents or other person or persons legally responsible for the
    50  care  of  the  respondent. The order shall also contain a notice that if
    51  the respondent remains in placement for fifteen of the most recent twen-
    52  ty-two months, the agency with which the child is placed may be required
    53  by law to file a petition to terminate the parental rights of the parent
    54  or parents of the respondent.
    55    § 4. Paragraphs (a), (b) and (c) of subdivision 7 of section 353.3  of
    56  the  family court act, paragraphs (a) and (b) as amended by section 6 of
        A. 7556                             3
 
     1  part G of chapter 58 of the laws of 2010, and paragraph (c)  as  amended
     2  by  section  16 of part L of chapter 56 of the laws of 2015, are amended
     3  to read as follows:
     4    (a)  Where  the respondent is placed pursuant to subdivision two [or],
     5  two-a, three or four of this section and where the agency is not seeking
     6  an extension of the placement pursuant to section 355.3  of  this  part,
     7  such  report  shall be submitted not later than thirty days prior to the
     8  conclusion of the placement.
     9    (b) Where the respondent is placed pursuant to subdivision  two  [or],
    10  two-a,  three or four of this section and where the agency is seeking an
    11  extension of the placement pursuant to section 355.3 of this part and  a
    12  permanency  hearing  pursuant to section 355.5 of this part, such report
    13  shall be submitted not later than sixty days prior to the date on  which
    14  the permanency hearing must be held and shall be annexed to the petition
    15  for a permanency hearing and extension of placement.
    16    (c)  Where  the respondent is placed pursuant to subdivision two [or],
    17  two-a, three or four of this section, such report shall contain  a  plan
    18  for  the  release,  or  conditional  release  (pursuant  to section five
    19  hundred ten-a of the executive law), of the respondent to the custody of
    20  his or her parent or other person legally  responsible,  or  to  another
    21  permanency alternative as provided in paragraph (d) of subdivision seven
    22  of  section 355.5 of this part.  For purposes of this paragraph, "place-
    23  ment agency" shall refer to the office of children and family  services,
    24  the  commissioner  of  social  services  or  the authorized agency under
    25  contract with the office of children and family services or commissioner
    26  of social services with whom the respondent has been placed. The release
    27  or conditional release plan shall provide as follows:
    28    (i) If the respondent is subject to article sixty-five of  the  educa-
    29  tion law or elects to participate in an educational program leading to a
    30  high school diploma, such plan shall include, but not be limited to, the
    31  steps  that the agency with which the respondent is placed has taken and
    32  will be taking in conjunction with the local education agency to [facil-
    33  itate] ensure the immediate enrollment  of  the  respondent  in  [a]  an
    34  appropriate  school  or  educational  program  leading  to a high school
    35  diploma [following] within five days of release,  or,  if  such  release
    36  occurs  during  the  summer recess, immediately upon the commencement of
    37  the next school term.  The placement agency shall ascertain  the  school
    38  calendar  from  the  school  district and shall, to the extent possible,
    39  work with the school district so that the  timing  of  the  respondent's
    40  release  from the program and enrollment in school are minimally disrup-
    41  tive for the respondent and further his or her best interests. Not  less
    42  than  fourteen  days  prior  to  the respondent's release, the placement
    43  agency shall notify the school district where  the  respondent  will  be
    44  attending  school and transfer all necessary records, including, but not
    45  limited to, the respondent's course of study, credits earned and academ-
    46  ic record.
    47    (ii) If the placement agency has reason to believe that the respondent
    48  may have a disability or if the respondent had been  found  eligible  to
    49  receive  special education services prior to or during the placement, in
    50  accordance with article eighty-nine of  the  education  law,  such  plan
    51  shall include, but not be limited to, the steps that the placement agen-
    52  cy has taken and will be taking to ensure that the local education agen-
    53  cy  makes  any  necessary  referrals or arranges for special educational
    54  evaluations or services, as appropriate, and provides necessary  records
    55  immediately in accordance with state and federal law.
        A. 7556                             4
 
     1    (iii)  If  the  respondent is not subject to article sixty-five of the
     2  education law and does  not  elect  to  participate  in  an  educational
     3  program  leading  to a high school diploma, such plan shall include, but
     4  not be limited to, the steps that the agency with which  the  respondent
     5  is  placed  has  taken  and  will  be taking to assist the respondent to
     6  become gainfully employed or enrolled in a vocational program  following
     7  release.
     8    §  5. The opening paragraph of subdivision 2, the opening paragraph of
     9  subdivision 3, subdivisions 5 and 6, and paragraph (d) of subdivision  7
    10  of  section  355.5  of  the  family  court act, the opening paragraph of
    11  subdivision 2 and the opening paragraph of subdivision 3 as  amended  by
    12  chapter  145 of the laws of 2000, subdivision 5 as added by chapter 7 of
    13  the laws of 1999, subdivision 6 as amended by section 1  of  part  B  of
    14  chapter  327  of the laws of 2007, and paragraph (d) of subdivision 7 as
    15  amended by section 18 of part L of chapter 56 of the laws of  2015,  are
    16  amended and a new subdivision 10 is added to read as follows:
    17    Where a respondent is placed with a commissioner of social services or
    18  the  office of children and family services pursuant to subdivision two,
    19  two-a, three or four of section 353.3 of this [article] part for a peri-
    20  od of twelve or fewer months and resides in a foster home or in  a  non-
    21  secure or limited secure facility;
    22    Where a respondent is placed with a commissioner of social services or
    23  the  office of children and family services pursuant to subdivision two,
    24  two-a, three or four of section 353.3 of this [article] part for a peri-
    25  od in excess of twelve months and resides in a foster home or in a  non-
    26  secure or limited secure facility;
    27    5. A petition for an initial or subsequent permanency hearing shall be
    28  filed  by  the  office of children and family services or by the commis-
    29  sioner of social services with whom the respondent  was  placed.    Such
    30  petition shall be filed no later than sixty days prior to the end of the
    31  month in which an initial or subsequent permanency hearing must be held,
    32  as  directed  in  subdivision two of this section. The petition shall be
    33  accompanied by a permanency hearing report that contains the information
    34  required by subdivision seven of section 353.3 of this part and subdivi-
    35  sion (c) of section one thousand eighty-nine of this act  regarding  the
    36  determinations  that  the court must make in accordance with subdivision
    37  seven of this section.
    38    6. The respondent and his or her attorney shall  be  notified  of  the
    39  hearing  and  of  the  respondent's  right to be heard and a copy of the
    40  permanency petition and accompanying report  filed  in  accordance  with
    41  subdivision  five  of  this  section shall be served on the respondent's
    42  attorney. The foster parent caring for the respondent or  any  pre-adop-
    43  tive  parent  or  relative providing care for the respondent, as well as
    44  the respondent's parents and other persons legally responsible  for  the
    45  respondent's care, shall be provided with notice of any permanency hear-
    46  ing  held  pursuant to this section by the office of children and family
    47  services or the commissioner of social services with whom the respondent
    48  was placed. Such foster parent, pre-adoptive parent and  relative  shall
    49  have  the  right  to be heard at any such hearing; provided, however, no
    50  such foster parent, pre-adoptive parent or relative shall  be  construed
    51  to  be  a  party  to  the hearing solely on the basis of such notice and
    52  right to be heard.  The  failure  of  the  foster  parent,  pre-adoptive
    53  parent,  or  relative  caring  for the [child] respondent to appear at a
    54  permanency hearing shall constitute a waiver of the right  to  be  heard
    55  and  such  failure  to  appear shall not cause a delay of the permanency
        A. 7556                             5
 
     1  hearing nor shall such failure to appear be a  ground  for  the  invali-
     2  dation of any order issued by the court pursuant to this section.
     3    (d)  with  regard  to the completion of placement ordered by the court
     4  pursuant to section 353.3 or 355.3 of this part: whether  and  when  the
     5  respondent:  (i)  will  be  returned  to  the parent or parents or other
     6  persons legally responsible for the respondent's care;  (ii)  should  be
     7  placed  for  adoption  with  the  local  commissioner of social services
     8  filing a petition for termination of parental rights;  (iii)  should  be
     9  referred  for legal guardianship; (iv) should be placed permanently with
    10  a fit and willing relative; or (v) should be placed in  another  planned
    11  permanent  living  arrangement with a significant connection to an adult
    12  willing to be a permanency resource for the respondent if the respondent
    13  is age sixteen or older and  (A)  the  office  of  children  and  family
    14  services  or the local commissioner of social services has documented to
    15  the court:  (1) the intensive, ongoing, and, as of the date of the hear-
    16  ing, unsuccessful efforts made to return the respondent home or secure a
    17  placement for the respondent with a fit and willing  relative  including
    18  adult  siblings,  a  legal  guardian,  or  an adoptive parent, including
    19  through efforts that utilize search technology including social media to
    20  find biological family members for children, (2) the steps  being  taken
    21  to  ensure  that  (I)  the respondent's foster family home or child care
    22  facility is following the reasonable  and  prudent  parent  standard  in
    23  accordance  with  guidance  provided  by the United States department of
    24  health and human services, and (II) the respondent has regular,  ongoing
    25  opportunities to engage in age or developmentally appropriate activities
    26  including by consulting with the respondent in an age-appropriate manner
    27  about  the opportunities of the respondent to participate in activities;
    28  and (B) the office of children and family services or the local  commis-
    29  sioner  of social services has documented to the court and the court has
    30  determined that there are compelling reasons  for  determining  that  it
    31  continues  to  not  be  in the best interest of the respondent to return
    32  home, be referred for termination of  parental  rights  and  placed  for
    33  adoption, placed with a fit and willing relative, or placed with a legal
    34  guardian;  and (C) the court has made a determination explaining why, as
    35  of the date of this hearing, another planned living arrangement  with  a
    36  significant  connection  to an adult willing to be a permanency resource
    37  for the respondent is the best permanency plan for the respondent; and
    38    10. (a) If the order resulting from the permanency hearing extends the
    39  respondent's placement pursuant to section  355.3  of  this  part  in  a
    40  foster  home or non-secure or limited secure facility or if the respond-
    41  ent continues in such placement under a prior order of placement  or  an
    42  extension  thereof, the order or an attachment to the order incorporated
    43  into the order by reference shall include:
    44    (i) a description of the plan to facilitate visitation, including  any
    45  plans for visits and/or contact with the respondent's siblings;
    46    (ii) a service plan aimed at effectuating the permanency goal; and
    47    (iii)  a  direction  that  the  parent  or  parents or other person or
    48  persons legally responsible for the respondent's care shall be  notified
    49  of  any  planning conferences, including those held pursuant to subdivi-
    50  sion three of section four hundred nine-e of the social services law, of
    51  their right to attend the conferences, and their right to  have  counsel
    52  or  another representative or companion with them and, further, that the
    53  respondent, if fourteen years of age or older, be involved in the devel-
    54  opment of plans as required by paragraph (b)  of  subdivision  seven  of
    55  this section.
        A. 7556                             6
 
     1    (b)  Where the court determines that reasonable efforts in the form of
     2  services or assistance to the respondent and his  or  her  family  would
     3  further  the  respondent's  needs  and  best  interests and the need for
     4  protection of the community and would make it possible for the  respond-
     5  ent  to safely return home or to make the transition from foster care to
     6  successful adulthood, the court may include in its order a direction for
     7  a local social services, mental health or probation official or an offi-
     8  cial of the office of children and family services or office  of  mental
     9  health,  as  applicable,  to  provide  or  arrange  for the provision of
    10  services or assistance to the respondent and his  or  her  family.  Such
    11  order  regarding  a local social services official shall not include the
    12  provision of any service or assistance to the respondent and his or  her
    13  family  that is not authorized or required to be made available pursuant
    14  to the county child and family services plan  then  in  effect.  In  any
    15  order  issued  pursuant to this section, the court may require the offi-
    16  cial to make periodic progress reports to the court on  the  implementa-
    17  tion  of such order. Violation of such order shall be subject to punish-
    18  ment pursuant to section seven hundred fifty-three of the judiciary law.
    19    (c) A copy of the court's order and the attachments shall be given  to
    20  the respondent and his or her attorney and to the respondent's parent or
    21  parents  or other person or persons legally responsible for the respond-
    22  ent's care. The order shall also contain a notice that if the respondent
    23  remains in foster care for fifteen of the most recent twenty-two months,
    24  the agency with which the respondent is placed may be required by law to
    25  file a petition to terminate  the  parental  rights  of  the  parent  or
    26  parents of the respondent.
    27    §  6.  Section  736 of the family court act is amended by adding a new
    28  subdivision 4 to read as follows:
    29    (4) In any proceeding under this article, the court shall cause a copy
    30  of the petition and notice of the time and  place  to  be  heard  to  be
    31  served  upon  any  non-custodial  parent of the child, provided that the
    32  address of such parent is known to or is  ascertainable  by  the  court.
    33  Service shall be made by ordinary first class mail at such parent's last
    34  known residence. The failure of such parent to appear shall not be cause
    35  for delay of the proceedings.
    36    §  7.  Subdivision  (a)  of  section  741  of the family court act, as
    37  amended by chapter 41 of the laws of 2010, is amended and a new subdivi-
    38  sion (d) is added to read as follows:
    39    (a) At the initial appearance of a respondent in a proceeding  and  at
    40  the  commencement  of any hearing under this article, the respondent and
    41  his or her parent or other person legally responsible  for  his  or  her
    42  care  shall be advised of the respondent's right to remain silent and of
    43  the respondent's right to be represented by counsel chosen by him or her
    44  or his or her parent or other person legally responsible for his or  her
    45  care, or by an attorney assigned by the court under part four of article
    46  two.  [Provided,  however,  that  in] In the event of the failure of the
    47  respondent's parent or other person legally responsible for his  or  her
    48  care to appear, after reasonable and substantial effort has been made to
    49  notify  such  parent  or  responsible  person of the commencement of the
    50  proceeding and such initial  appearance,  the  court  shall  appoint  an
    51  attorney for the respondent and shall, unless inappropriate also appoint
    52  a guardian ad litem for such respondent, and in such event, shall inform
    53  the  respondent  of such rights in the presence of such attorney and any
    54  guardian ad litem.
    55    (d) Whenever an attorney has been appointed by  the  family  court  to
    56  represent  a  respondent  in a proceeding under this article pursuant to
        A. 7556                             7
 
     1  subdivision (a) of this section, such appointment shall continue without
     2  further court order or appointment during an order of disposition issued
     3  by the court, an adjournment  in  contemplation  of  dismissal,  or  any
     4  extension  or  violation thereof, or any permanency hearing, other post-
     5  dispositional proceeding or appeal.  All notices and reports required by
     6  law shall be provided to such attorney. Such appointment shall  continue
     7  unless  another appointment of an attorney has been made by the court or
     8  unless such attorney makes application to the court to  be  relieved  of
     9  his  or  her  appointment.  Upon  approval  of  such  application  to be
    10  relieved, the court shall immediately appoint another attorney  to  whom
    11  all  notices and reports required by law shall be provided. The attorney
    12  shall be entitled to compensation pursuant to applicable  provisions  of
    13  law  for  services rendered up to and including disposition of the peti-
    14  tion. The attorney  shall,  by  separate  application,  be  entitled  to
    15  compensation  for  services  rendered after the disposition of the peti-
    16  tion. Nothing in this section shall be construed to limit the  authority
    17  of the court to remove an attorney from his or her assignment.
    18    §  8.  Section  756 of the family court act is amended by adding three
    19  new subdivisions (d), (e) and (f) to read as follows:
    20    (d) Where the respondent is  placed  pursuant  to  this  section,  the
    21  dispositional order or an attachment to the order incorporated by refer-
    22  ence into the order shall include:
    23    (i)  a  description  of  the  visitation plan, including any plans for
    24  visits and/or contact with the respondent's siblings. If the  visitation
    25  plan  has not yet been developed, then the visitation plan must be filed
    26  with the court and delivered to the presentment agency, attorney for the
    27  respondent and parent or parents or  other  person  or  persons  legally
    28  responsible for the care of the respondent no later than sixty days from
    29  the date the disposition was made;
    30    (ii)  a  service  plan,  if available. If the service plan has not yet
    31  been developed, then the service plan must be filed with the  court  and
    32  delivered  to  the  presentment  agency, attorney for the respondent and
    33  parent or parents or other person or persons legally responsible for the
    34  care of the respondent no later than sixty days from the date the dispo-
    35  sition was made; and
    36    (iii) a direction that the  parent  or  parents  or  other  person  or
    37  persons legally responsible for care of the respondent shall be notified
    38  of  any planning conferences to be held pursuant to subdivision three of
    39  section four hundred nine-e of the social services law, of  their  right
    40  to attend the conferences, and of their right to have counsel or another
    41  representative or companion with them and, further, that the respondent,
    42  if  fourteen  years  of  age or older, be involved in the development of
    43  plans as required by paragraph (ii) of subdivision (d) of section  seven
    44  hundred fifty-six-a of this part.
    45    A  copy  of  the  court's  order and attachments shall be given to the
    46  respondent and his or her attorney and to  the  respondent's  parent  or
    47  parents  or  other person or persons legally responsible for the care of
    48  the respondent. The order shall  also  contain  a  notice  that  if  the
    49  respondent  remains  in placement for fifteen of the most recent twenty-
    50  two months, the agency with  which  the  respondent  is  placed  may  be
    51  required  by  law to file a petition to terminate the parental rights of
    52  the parent or parents of the respondent.
    53    (e) Where the respondent has been placed pursuant to this section, the
    54  local commissioner of social services or the relative or suitable person
    55  with whom the respondent has been placed shall submit a  report  to  the
    56  court,  the  attorney  for the respondent and the presentment agency, if
        A. 7556                             8
 
     1  any, not later than thirty days prior to the conclusion of the placement
     2  period, which, among other information, contains a plan for the  release
     3  of  the  respondent  to  the  custody of his or her parent or parents or
     4  other  person  or persons legally responsible for the respondent's care.
     5  The plan for the respondent's release shall provide as follows:
     6    (i) If the respondent is subject to article sixty-five of  the  educa-
     7  tion law or elects to participate in an educational program leading to a
     8  high  school diploma following release, such plan shall include, but not
     9  be limited to, the steps that the placement agency has taken and will be
    10  taking in conjunction with the local  education  agency  to  ensure  the
    11  immediate  enrollment  of  the  respondent  in  an appropriate school or
    12  educational program leading to a high school diploma within  five  busi-
    13  ness  days  of  release  or,  if  such  release occurs during the summer
    14  recess, immediately upon the commencement of the next school  term.  The
    15  placement  agency  shall  ascertain  the school calendar from the school
    16  district and shall,  to  the  extent  possible,  work  with  the  school
    17  district so that the timing of the respondent's release from the program
    18  and enrollment in school are minimally disruptive for the respondent and
    19  further  his or her best interests. Not less than fourteen days prior to
    20  the respondent's release, the placement agency shall notify  the  school
    21  district  where the respondent will be attending school and transfer all
    22  necessary records, including, but not limited to the respondent's course
    23  of study, credits earned and academic record.
    24    (ii) If the placement agency has reason to believe that the respondent
    25  may have a disability or if the respondent had been  found  eligible  to
    26  receive  special education services prior to or during the placement, in
    27  accordance with article eighty-nine of  the  education  law,  such  plan
    28  shall include, but not be limited to, the steps that the placement agen-
    29  cy has taken and will be taking to ensure that the local education agen-
    30  cy  makes  any  necessary  referrals or arranges for special educational
    31  evaluations or services, as appropriate, and provides necessary  records
    32  immediately in accordance with state and federal law.
    33    (iii)  If  the  respondent is not subject to article sixty-five of the
    34  education law and elects not to participate in  an  educational  program
    35  leading  to  a  high school diploma, such plan shall include, but not be
    36  limited to, the steps that the placement agency has taken  and  will  be
    37  taking  to  assist  the respondent to become gainfully employed or to be
    38  enrolled in a vocational program immediately upon release.
    39    (f) Where the local commissioner of social services or the relative or
    40  suitable person with whom the respondent has been placed files  a  peti-
    41  tion for an extension of the placement and a permanency hearing pursuant
    42  to  section seven hundred fifty-six-a of this part, such report shall be
    43  submitted not later than sixty days prior  to  the  date  on  which  the
    44  permanency  hearing  must  be held, shall be annexed to the petition and
    45  shall contain the information required by section seven  hundred  fifty-
    46  six-a of this part.
    47    §  9.  Subdivision  (a), subdivision (b) and the opening paragraph and
    48  paragraphs (iv) and (v) of subdivision (d) of section 756-a of the fami-
    49  ly court act, subdivision (a) as amended by chapter 309 of the  laws  of
    50  1996,  subdivision  (b)  and the opening paragraph of subdivision (d) as
    51  amended by section 4 of part B of chapter 327 of the laws  of  2007  and
    52  paragraphs  (iv)  and (v) of subdivision (d) as amended by section 23 of
    53  part L of chapter 56 of the laws of 2015, are amended and  a  new  para-
    54  graph (vi) is added to subdivision (d) to read as follows:
    55    (a) In any case in which the [child] respondent has been placed pursu-
    56  ant  to  section  seven  hundred  fifty-six  of  this  part, the [child]
        A. 7556                             9
 
     1  respondent, the person with whom the [child] respondent has been  placed
     2  or  the commissioner of social services may petition the court to extend
     3  such placement. Such petition shall be filed at least sixty  days  prior
     4  to  the  expiration  of  the  period of placement, except for good cause
     5  shown, but in no event shall such petition be filed after  the  original
     6  expiration date. The petition shall be accompanied by a permanency hear-
     7  ing report.
     8    (i)  The  permanency  hearing  report  shall  contain  the information
     9  required by subdivision (c) of section one thousand eighty-nine of  this
    10  act  and  shall  contain  recommendations and such supporting data as is
    11  appropriate regarding the determinations that the  court  must  make  in
    12  accordance  with subdivision (d) of this section. The permanency hearing
    13  report shall include, but is not limited to, a plan for the  release  of
    14  the  respondent  to the custody of his or her parent or parents or other
    15  person or persons legally responsible for the respondent's care,  or  to
    16  another permanency alternative as provided in paragraph (iv) of subdivi-
    17  sion  (d)  of  this  section. For purposes of this paragraph, "placement
    18  agency" shall refer to the commissioner of social services or an author-
    19  ized agency under contract with the commissioner of social services with
    20  whom the respondent has been placed. The release plan shall  provide  as
    21  follows:
    22    (1)  If  the respondent is subject to article sixty-five of the educa-
    23  tion law or elects to participate in an educational program leading to a
    24  high school diploma following release, such plan shall include, but  not
    25  be limited to, the steps that the placement agency has taken and will be
    26  taking  in  conjunction  with  the  local education agency to ensure the
    27  immediate enrollment of the  respondent  in  an  appropriate  school  or
    28  educational  program  leading to a high school diploma within five busi-
    29  ness days of release or,  if  such  release  occurs  during  the  summer
    30  recess,  immediately  upon the commencement of the next school term. The
    31  placement agency shall ascertain the school  calendar  from  the  school
    32  district  and  shall,  to  the  extent  possible,  work  with the school
    33  district so that the timing of the respondent's release from the program
    34  and enrollment in school are minimally disruptive for the respondent and
    35  further his or her best interests. Not less than fourteen days prior  to
    36  the  respondent's  release, the placement agency shall notify the school
    37  district where the respondent will be attending school and transfer  all
    38  necessary records, including, but not limited to the respondent's course
    39  of study, credits earned and academic record.
    40    (2)  If the placement agency has reason to believe that the respondent
    41  may have a disability or if the respondent had been  found  eligible  to
    42  receive  special education services prior to or during the placement, in
    43  accordance with article eighty-nine of  the  education  law,  such  plan
    44  shall include, but not be limited to, the steps that the placement agen-
    45  cy has taken and will be taking to ensure that the local education agen-
    46  cy  makes  any  necessary  referrals or arranges for special educational
    47  evaluations or services, as appropriate, and provides necessary  records
    48  immediately in accordance with state and federal law.
    49    (3)  If  the  respondent  is  not subject to article sixty-five of the
    50  education law and elects not to participate in  an  educational  program
    51  leading  to  a  high school diploma, such plan shall include, but not be
    52  limited to, the steps that the placement agency has taken  and  will  be
    53  taking  to  assist  the respondent to become gainfully employed or to be
    54  enrolled in a vocational program immediately upon release.
    55    (b) The court shall conduct a permanency hearing concerning  the  need
    56  for  continuing  the  placement. The [child] respondent, the person with
        A. 7556                            10
 
     1  whom the [child] respondent has been  placed  and  the  commissioner  of
     2  social  services  shall  be  notified of such hearing and shall have the
     3  right to be heard thereat.   A copy of  the  petition  and  accompanying
     4  permanency  hearing  report shall be served on the respondent's attorney
     5  and upon the respondent's parent or parents.
     6    At the conclusion of the permanency hearing  the  court  may,  in  its
     7  discretion,  order  an  extension of the placement for not more than one
     8  year, which may include a period of post-release supervision and  after-
     9  care,  or  may direct that the respondent be placed on probation for not
    10  more than one year, pursuant to section  seven  hundred  fifty-seven  of
    11  this  part, or may order that the petition for an extension of placement
    12  be dismissed.  The court must consider and determine in its order:
    13    (iv) whether and when the [child] respondent:  (A) will be returned to
    14  the parent; (B) should be placed for adoption with the  social  services
    15  official  filing  a  petition  for  termination  of parental rights; (C)
    16  should be referred for legal guardianship; (D) should be  placed  perma-
    17  nently  with  a  fit  and  willing  relative; or (E) should be placed in
    18  another  planned  permanent  living  arrangement  with   a   significant
    19  connection to an adult willing to be a permanency resource for the child
    20  if  the  child is age sixteen or older and (1) the social services offi-
    21  cial has documented to the court: (I) intensive, ongoing, and, as of the
    22  date of the hearing, unsuccessful efforts made by  the  social  services
    23  district  to  return  the child home or secure a placement for the child
    24  with a fit and willing relative including adult siblings, a legal guard-
    25  ian, or an adoptive  parent,  including  through  efforts  that  utilize
    26  search  technology  including  social  media  to  find biological family
    27  members for children, (II) the steps the  social  services  district  is
    28  taking  to  ensure that (A) the child's foster family home or child care
    29  facility is following the reasonable  and  prudent  parent  standard  in
    30  accordance  with  guidance  provided  by the United States department of
    31  health and human services, and (B) the child has regular, ongoing oppor-
    32  tunities to engage in  age  or  developmentally  appropriate  activities
    33  including  by  consulting  with  the  child in an age-appropriate manner
    34  about the opportunities of the child to participate in  activities;  and
    35  (2)  the  social  services  district has documented to the court and the
    36  court has determined that there are compelling reasons  for  determining
    37  that  it continues to not be in the best interest of the child to return
    38  home, be referred for termination of  parental  rights  and  placed  for
    39  adoption, placed with a fit and willing relative, or placed with a legal
    40  guardian;  and (3) the court has made a determination explaining why, as
    41  of the date of the hearing, another planned living  arrangement  with  a
    42  significant  connection  to an adult willing to be a permanency resource
    43  for the child is the best permanency plan for the child; [and]
    44    (v) where the child will not be returned home, consideration of appro-
    45  priate in-state and out-of-state placements[.]; and
    46    (vi) with regard to the placement or extension of placement ordered by
    47  the court pursuant to section seven hundred fifty-six-a  of  this  part,
    48  the  steps that must be taken by the agency with which the respondent is
    49  placed to implement the plan for release submitted pursuant to paragraph
    50  (i) of subdivision (a) of this section, the adequacy of  such  plan  and
    51  any modifications that should be made to such plan.
    52    §  10.  Subdivisions  (e) and (f) of section 756-a of the family court
    53  act are relettered subdivisions (h) and (i) and three  new  subdivisions
    54  (e), (f) and (g) are added to read as follows:
    55    (e)  If the order from the permanency hearing extends the respondent's
    56  placement or if the respondent continues  in  placement  under  a  prior
        A. 7556                            11
 
     1  order,  the  order  or  an attachment to the order incorporated into the
     2  order by reference shall include:
     3    (i)  a description of the plan to facilitate visitation, including any
     4  plans for visits and/or contact with the respondent's siblings;
     5    (ii) a service plan aimed at effectuating the permanency goal; and
     6    (iii) a direction that the  parent  or  parents  or  other  person  or
     7  persons  legally responsible for the respondent's care shall be notified
     8  of any planning conferences, including those held pursuant  to  subdivi-
     9  sion three of section four hundred nine-e of the social services law, of
    10  their  right  to attend the conferences, and their right to have counsel
    11  or another representative or companion with them and, further, that  the
    12  respondent, if fourteen years of age or older, be involved in the devel-
    13  opment of plans as required by paragraph (ii) of subdivision (d) of this
    14  section.
    15    (f)  Where the court determines that reasonable efforts in the form of
    16  services or assistance to the respondent and his  or  her  family  would
    17  further  the  respondent's  needs  and  best interests and would make it
    18  possible for the respondent to safely return home or to make the transi-
    19  tion from foster care to successful adulthood, the court may include  in
    20  its  order  a  direction  for  a local social services, mental health or
    21  probation official or an official of the office of children  and  family
    22  services  or  office  of  mental  health,  as  applicable, to provide or
    23  arrange for the provision of services or assistance  to  the  respondent
    24  and  his  or  her  family.  Such order regarding a local social services
    25  official shall not include the provision of any service or assistance to
    26  the respondent and his or her family that is not authorized or  required
    27  to  be  made  available pursuant to the county child and family services
    28  plan then in effect. In any order issued pursuant to this  section,  the
    29  court  may require the official to make periodic progress reports to the
    30  court on the implementation of such order. Violation of such order shall
    31  be subject to punishment pursuant to section seven  hundred  fifty-three
    32  of the judiciary law.
    33    (g)  A copy of the court's order and the attachments shall be given to
    34  the respondent and his or her attorney and to the respondent's parent or
    35  parents or other person or persons legally responsible for the  respond-
    36  ent's care. The order shall also contain a notice that if the respondent
    37  remains in foster care for fifteen of the most recent twenty-two months,
    38  the agency with which the respondent is placed may be required by law to
    39  file  a  petition  to  terminate  the  parental  rights of the parent or
    40  parents of the respondent.
    41    § 11. This act shall take effect on the ninetieth day after  it  shall
    42  have become a law.