Section 1039-B. Termination of reasonable efforts

(a) In conjunction with,
  or at any time subsequent to, the filing of a petition under section ten
  hundred thirty-one of this chapter, the  social  services  official  may
  file  a  motion upon notice requesting a finding that reasonable efforts
  to return the child to his or her home are no longer required.
    (b) For the purpose of this section, reasonable  efforts  to  make  it
  possible  for the child to return safely to his or her home shall not be
  required where the court determines that:
    (1) the parent of such child has subjected  the  child  to  aggravated
  circumstances,  as  defined  in  subdivision  (j) of section ten hundred
  twelve of this article;
    (2) the parent of such child has been convicted of (i) murder  in  the
  first degree as defined in section 125.27 or murder in the second degree
  as defined in section 125.25 of the penal law and the victim was another
  child of the parent; or (ii) manslaughter in the first degree as defined
  in  section  125.20  or  manslaughter in the second degree as defined in
  section 125.15 of the penal law and the victim was another child of  the
  parent,  provided,  however, that the parent must have acted voluntarily
  in committing such crime;
    (3) the parent of such child has  been  convicted  of  an  attempt  to
  commit  any  of  the foregoing crimes, and the victim or intended victim
  was the child or another child of the parent; or has been  convicted  of
  criminal  solicitation  as defined in article one hundred, conspiracy as
  defined in article one hundred five or criminal facilitation as  defined
  in  article  one  hundred  fifteen  of  the  penal  law  for conspiring,
  soliciting or facilitating any of the foregoing crimes, and  the  victim
  or intended victim was the child or another child of the parent;
    (4)  the  parent  of  such  child has been convicted of assault in the
  second degree as defined in section 120.05, assault in the first  degree
  as  defined  in  section 120.10 or aggravated assault upon a person less
  than eleven years old as defined in section 120.12 of the penal law, and
  the commission of one  of  the  foregoing  crimes  resulted  in  serious
  physical injury to the child or another child of the parent;
    (5)  the  parent  of  such  child  has  been  convicted  in  any other
  jurisdiction of an offense which includes all of the essential  elements
  of  any  crime  specified  in  paragraph  two,  three  or  four  of this
  subdivision, and the victim of such offense was  the  child  or  another
  child of the parent; or
    (6)  the parental rights of the parent to a sibling of such child have
  been involuntarily terminated;
  unless the court determines that providing reasonable efforts  would  be
  in  the  best  interests  of  the  child, not contrary to the health and
  safety of the child, and would likely result in the reunification of the
  parent and the child in the foreseeable future. The  court  shall  state
  such findings in its order.
    (c)  If  the court determines that reasonable efforts are not required
  because of one of the grounds set  forth  above,  a  permanency  hearing
  shall  be  held within thirty days of the finding of the court that such
  efforts are not required. At the permanency  hearing,  the  court  shall
  determine  the  appropriateness  of  the permanency plan prepared by the
  social services official which shall include whether or when the  child:
  (i)  will  be returned to the parent; (ii) should be placed for adoption
  with the social services official filing a petition for  termination  of
  parental  rights;  (iii) should be referred for legal guardianship; (iv)
  should be placed permanently with a fit and  willing  relative;  or  (v)
  should  be placed in another planned permanent living arrangement if the
  social services official has documented to the court a compelling reason
  for determining that it would not be in the best interests of the  child

  to  return  home,  be  referred  for  termination of parental rights and
  placed for adoption, placed with a fit and willing relative,  or  placed
  with  a  legal  guardian.  The social services official shall thereafter
  make reasonable efforts to place the child in a timely manner, including
  consideration  of  appropriate in-state and out-of-state placements, and
  to complete whatever steps  are  necessary  to  finalize  the  permanent
  placement  of  the child as set forth in the permanency plan approved by
  the court. If reasonable efforts are determined by the court not  to  be
  required  because of one of the grounds set forth in this paragraph, the
  social services official may file a petition for termination of parental
  rights in accordance with section three  hundred  eighty-four-b  of  the
  social services law.
    (d)  For the purpose of this section, in determining reasonable effort
  to be made with respect to  a  child,  and  in  making  such  reasonable
  efforts,  the  child's health and safety shall be the paramount concern;
  and
    (e) For the purpose  of  this  section,  a  sibling  shall  include  a
  half-sibling.