Section 1017. Placement of children

1.  In  any  proceeding under this
  article, when the court determines that a child must be removed from his
  or her home, pursuant to part two of this article, or  placed,  pursuant
  to  section  one  thousand  fifty-five  of this article, the court shall
  direct the local commissioner of social services to conduct an immediate
  investigation to locate any non-respondent parent of the child  and  any
  relatives  of  the child, including all of the child's grandparents, all
  suitable  relatives  identified  by  any  respondent   parent   or   any
  non-respondent  parent  and  any relative identified by a child over the
  age of five as a relative who plays or has played a significant positive
  role in his or her  life,  and  inform  them  of  the  pendency  of  the
  proceeding  and  of  the  opportunity for becoming foster parents or for
  seeking custody or care of the child, and that the child may be  adopted
  by foster parents if attempts at reunification with the birth parent are
  not  required  or  are  unsuccessful.  The  local commissioner of social
  services shall record the results of such investigation, including,  but
  not  limited  to,  the name, last known address, social security number,
  employer's address and any other identifying information to  the  extent
  known  regarding  any  non-respondent parent, in the uniform case record
  maintained pursuant  to  section  four  hundred  nine-f  of  the  social
  services  law.  For the purpose of this section, "non-respondent parent"
  shall include a person  entitled  to  notice  of  the  pendency  of  the
  proceeding and of the right to intervene as an interested party pursuant
  to  subdivision (d) of section one thousand thirty-five of this article,
  and a non-custodial parent entitled to notice and the right  to  enforce
  visitation  rights  pursuant  to subdivision (e) of section one thousand
  thirty-five of this article. The court shall determine:
    (a) whether there is a suitable non-respondent parent or other  person
  related to the child with whom such child may appropriately reside; and
    (b) in the case of a relative, whether such relative seeks approval as
  a  foster parent pursuant to the social services law for the purposes of
  providing care for such child,  or  wishes  to  provide  free  care  and
  custody for the child during the pendency of any orders pursuant to this
  article.
    2.  The  court  shall, upon receipt of the report of the investigation
  ordered pursuant to subdivision one of this section:
    (a) where the court determines  that  the  child  may  reside  with  a
  suitable  non-respondent  parent  or  other  relative  or other suitable
  person, either:
    (i) grant an order of custody or guardianship to  such  non-respondent
  parent,  other relative or other suitable person pursuant to section one
  thousand fifty-five-b of this article; or
    (ii) place the child directly in the custody  of  such  non-respondent
  parent, other relative or other suitable person pursuant to this article
  during  the  pendency  of  the  proceeding or until further order of the
  court,  whichever  is  earlier  and  conduct  such  other  and   further
  investigations as the court deems necessary; or
    (iii)  remand  or  place  the  child,  as  applicable,  with the local
  commissioner of social services and direct such commissioner to have the
  child reside with such relative or other  suitable  person  and  further
  direct  such  commissioner  pursuant  to  regulations  of  the office of
  children and family services, to commence an investigation of  the  home
  of  such  relative or other suitable person within twenty-four hours and
  thereafter approve such relative or other suitable person, if qualified,
  as a foster parent.  If  such  home  is  found  to  be  unqualified  for
  approval,  the  local  commissioner  shall report such fact to the court
  forthwith.

    (b) where the court determines that a suitable  non-respondent  parent
  or  other person related to the child cannot be located, remand or place
  the child with a suitable person, pursuant to subdivision (b) of section
  one thousand twenty-seven or subdivision (a)  of  section  one  thousand
  fifty-five  of this article, or remand or place the child in the custody
  of the local commissioner of social services pursuant to subdivision (b)
  of section one thousand twenty-seven or subdivision (a) of  section  one
  thousand  fifty-five  of  this  article. The court in its discretion may
  direct that such commissioner  have  the  child  reside  in  a  specific
  certified  foster home where the court determines that such placement is
  in furtherance of the child's best interests.
    3. An order placing a child with a relative or other  suitable  person
  pursuant to this section may not be granted unless the relative or other
  suitable person consents to the jurisdiction of the court. The court may
  place  the  person  with  whom  the child has been directly placed under
  supervision during the pendency  of  the  proceeding.  Such  supervision
  shall be provided by a child protective agency, social services official
  or duly authorized agency. The court also may issue a temporary order of
  protection  under  subdivision  (f)  of section one thousand twenty-two,
  section one thousand twenty-three or section one thousand twenty-nine of
  this  article.  An  order  of  supervision  issued  pursuant   to   this
  subdivision  shall  set forth the terms and conditions that the relative
  or suitable person must meet and the actions that the  child  protective
  agency,  social services official or duly authorized agency must take to
  exercise such supervision.
    4. Nothing in this  section  shall  be  deemed  to  limit,  impair  or
  restrict the ability of the court to remove a child from his or her home
  as  authorized  by law, or the right of a party to a hearing pursuant to
  section ten hundred twenty-eight of this article.