Section 1052. Disposition on adjudication

(a)  At  the conclusion of a
  dispositional hearing under this article, the court shall enter an order
  of disposition directing one or more of the following:
    (i)  suspending  judgment  in  accord  with   section   one   thousand
  fifty-three of this part; or
    (ii) releasing the child to the custody of his parents or other person
  legally  responsible  in  accord with section one thousand fifty-four of
  this part; or
    (iii) placing the child in accord with section one thousand fifty-five
  of this part; or
    (iv) making an  order  of  protection  in  accord  with  one  thousand
  fifty-six of this part; or
    (v)  placing  the  respondent under supervision in accord with section
  one thousand fifty-seven of this part; or
    (vi) granting custody of the child to relatives  or  suitable  persons
  pursuant to section one thousand fifty-five-b of this part.
    However,  the  court shall not enter an order of disposition combining
  placement of the child under paragraph (iii) of this subdivision with  a
  disposition  under  paragraph  (i) or (ii) of this subdivision. An order
  granting custody of  the  child  pursuant  to  paragraph  (vi)  of  this
  subdivision  shall not be combined with any other disposition under this
  subdivision.
    (b) (i) The order of  the  court  shall  state  the  grounds  for  any
  disposition  made  under  this section. If the court places the child in
  accord with section one thousand fifty-five of this part, the  court  in
  its order shall determine:
    (A)  whether continuation in the child's home would be contrary to the
  best interests of the  child  and  where  appropriate,  that  reasonable
  efforts  were  made  prior to the date of the dispositional hearing held
  pursuant to this article to prevent or eliminate the need for removal of
  the child from his or her home and if the child  was  removed  from  the
  home  prior  to  the  date of such hearing, that such removal was in the
  child's best interests and, where appropriate, reasonable  efforts  were
  made  to  make  it  possible for the child to safely return home. If the
  court determines that reasonable efforts to  prevent  or  eliminate  the
  need  for  removal of the child from the home were not made but that the
  lack of such efforts was appropriate under the circumstances, the  court
  order  shall  include  such a finding, or if the permanency plan for the
  child is adoption, guardianship or another permanent living  arrangement
  other  than  reunification  with the parent or parents of the child, the
  court order shall include a finding that reasonable  efforts,  including
  consideration  of  appropriate in-state and out-of-state placements, are
  being made to make and finalize such alternate permanent placement.
    For the purpose of this section,  reasonable  efforts  to  prevent  or
  eliminate  the need for removing the child from the home of the child or
  to make it possible for the child to return safely to the  home  of  the
  child shall not be required where, upon motion with notice by the social
  services official, the court determines that:
    (1)  the  parent  of  such child has subjected the child to aggravated
  circumstances, as defined in subdivision (j)  of  section  one  thousand
  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  clause  two,  three  or  four   of   this
  subparagraph,  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.
    (7) If the court determines that reasonable  efforts  are  not  to  be
  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 that includes a significant connection to an  adult  who  is
  willing  to  be  a  permanency  resource  for  the  child, if the social
  services official has documented to the court a  compelling  reason  for
  determining  that  it  would not be in the best interest 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.
    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.

    For  the  purpose  of  this  section,  a  sibling  shall   include   a
  half-sibling;
    (B) if the child has attained the age of sixteen, the services needed,
  if  any,  to assist the child to make the transition from foster care to
  independent living. Where the court finds that the local  department  of
  social  services has not made reasonable efforts to prevent or eliminate
  the need for placement, and that such efforts would be  appropriate,  it
  shall  direct  the  local  department  of  social  services to make such
  efforts pursuant to section one thousand fifteen-a of this article,  and
  shall  adjourn  the  hearing  for  a  reasonable period of time for such
  purpose when the court determines that additional time is necessary  and
  appropriate to make such efforts; and
    (C)  whether  the  local  social  services  district made a reasonable
  search to locate relatives of the child as required pursuant to  section
  one  thousand  seventeen  of this article. In making such determination,
  the court shall consider whether  the  local  social  services  district
  engaged  in a search to locate any non-respondent parent and whether the
  local social services district attempted to locate all  of  the  child's
  grandparents, all suitable relatives identified by any respondent parent
  and  any  non-respondent  parent and all relatives identified by a child
  over the age of five as relatives who play or have played a  significant
  positive role in the child's life.
    (ii)  The court shall also consider and determine whether the need for
  placement of the child would be eliminated by the issuance of  an  order
  of  protection,  as provided for in paragraph (iv) of subdivision (a) of
  this section, directing the removal of a  person  or  persons  from  the
  child's  residence. Such determination shall consider the occurrence, if
  any, of domestic violence in the child's residence.
    (c) Prior to granting an order of disposition pursuant to  subdivision
  (a) of this section following an adjudication of child abuse, as defined
  in  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of
  this act or a finding of a felony sex offense  as  defined  in  sections
  130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65 and 130.70 of the
  penal  law,  the  court  shall advise the respondent that any subsequent
  adjudication of child abuse, as defined in paragraph (i) of  subdivision
  (e) of section one thousand twelve of this act or any subsequent finding
  of  a  felony  sex offense as defined in those sections of the penal law
  herein enumerated, arising out of acts of the respondent may  result  in
  the  commitment  of the guardianship and custody of the child or another
  child pursuant to section three  hundred  eighty-four-b  of  the  social
  services law. The order in such cases shall contain a statement that any
  subsequent  adjudication  of  child  abuse  or  finding  of a felony sex
  offense as  described  herein  may  result  in  the  commitment  of  the
  guardianship  and  custody  of  the  child, or another child pursuant to
  section three hundred eighty-four-b of the social services law.