Section 1055. Placement

(a)  (i)  For  purposes  of section one thousand
  fifty-two of this part the court may place the child in the custody of a
  relative or other suitable person pursuant to this article,  or  of  the
  local commissioner of social services or of such other officer, board or
  department  as  may be authorized to receive children as public charges,
  or a duly authorized association, agency, society or in  an  institution
  suitable  for  the  placement  of  a child. The court may also place the
  child in the custody of the local commissioner of  social  services  and
  may direct such commissioner to have the child reside with a relative or
  other  suitable  person  who  has  indicated a desire to become a foster
  parent for the child 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   expedite  approval  or
  certification of such relative or other suitable person,  if  qualified,
  as a foster parent. If such home is found to be unqualified for approval
  or  certification,  the local commissioner shall report such fact to the
  court forthwith so that the court may  make  a  placement  determination
  that is in the best interests of the child.
    (ii)  An  order  placing  a  child  directly  with a relative or other
  suitable person pursuant to this part 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 of a child protective agency, social
  services official or duly authorized agency during the pendency  of  the
  proceeding.  The  court  also  may  issue  an  order of protection under
  section one thousand fifty-six of this part.  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.
    (b) (i) The court shall state on the record  its  findings  supporting
  the  placement  in  any  order of placement made under this section. The
  order of placement shall include, but not be limited to:
    (A) a description of the visitation plan;
    (B) a direction that the respondent or respondents shall  be  notified
  of  the  planning  conference  or  conferences  to  be  held pursuant to
  subdivision three of section four hundred nine-e of the social  services
  law, of their right to attend the conference, and of their right to have
  counsel or another representative or companion with them;
    (C)  a  date  certain  for  the  permanency  hearing, which may be the
  previously-scheduled date certain, but  in  no  event  more  than  eight
  months  from  the  date  of  removal  of the child from his or her home.
  Provided, however, that if there is a sibling  or  half-sibling  of  the
  child who was previously removed from the home pursuant to this article,
  the  date  certain  for the permanency hearing shall be the date certain
  previously scheduled for the sibling or half-sibling of  the  child  who
  was  the  first  child  removed  from  the  home,  where such sibling or
  half-sibling has a permanency hearing date certain scheduled within  the
  next eight months, but in no event later than eight months from the date
  of removal of the child from his or her home;
    (D)  a  notice that if the child remains in foster care for fifteen of
  the most recent twenty-two months, the agency may be required by law  to
  file  a  petition  to  terminate  parental rights. A copy of the court's
  order and the service plan shall be given to the respondent; and
    (E) where the permanency goal is  return  to  the  parent  and  it  is
  anticipated  that  the  child  may  be  finally discharged to his or her
  parent before the next  scheduled  permanency  hearing,  the  court  may

  provide  the  local  social  services district with authority to finally
  discharge the  child  to  the  parent  without  further  court  hearing,
  provided that ten days prior written notice is served upon the court and
  law  guardian.  If  the  court  on its own motion or the law guardian on
  motion to the court does not request the matter to be brought for review
  before final discharge, no further permanency hearings will be required.
  The local social services district may also discharge  the  child  on  a
  trial  basis  to  the  parent unless the court has prohibited such trial
  discharge or unless the court has conditioned such  trial  discharge  on
  another  event.  For the purposes of this section, trial discharge shall
  mean that the child is physically returned to the parent while the child
  remains in the care and custody of the local social  services  district.
  Permanency  hearings  shall  continue  to  be held for any child who has
  returned to  his  or  her  parents  on  a  trial  discharge.  Where  the
  permanency  goal for a child aging out of foster care is another planned
  permanent living arrangement that includes a significant  connection  to
  an  adult  willing  to be a permanency resource for the child, the local
  social services district may also discharge the child on a  trial  basis
  to  the  planned  permanent  living  arrangements,  unless the court has
  prohibited or  otherwise  conditioned  such  a  trial  discharge.  Trial
  discharge  for  a child aging out of foster care shall mean that a child
  is physically discharged but the local social services district  retains
  care  and  custody  or  custody  and guardianship of the child and there
  remains a date certain for the scheduled  permanency  hearing.  Children
  placed  under this section shall be placed until the court completes the
  initial permanency hearing scheduled pursuant to article ten-A  of  this
  act.  Should  the  court determine pursuant to article ten-A of this act
  that placement shall be extended  beyond  completion  of  the  scheduled
  permanency  hearing,  such  extended  placement  and any such successive
  extensions of placement shall expire  at  the  completion  of  the  next
  scheduled permanency hearing, unless the court shall determine, pursuant
  to article ten-A of this act, to continue to extend such placement.
    (ii)  Upon  placing  a  child  under  the  age  of  one,  who has been
  abandoned, with a local  commissioner  of  social  services,  the  court
  shall,  where  either  of  the  parents  do not appear after due notice,
  include in its order of disposition pursuant  to  section  one  thousand
  fifty-two  of  this  part,  a  direction  that  such  commissioner shall
  promptly commence a diligent search to locate the child's  non-appearing
  parent  or  parents or other known relatives who are legally responsible
  for the child, and to commence a proceeding to commit  the  guardianship
  and  custody  of  such child to an authorized agency pursuant to section
  three hundred eighty-four-b of the social services law, six months  from
  the  date  that  care  and  custody  of the child was transferred to the
  commissioner, unless there has been communication and visitation between
  such child and such parent  or  parents  or  other  known  relatives  or
  persons  legally responsible for the child. In addition to such diligent
  search the local commissioner of social services shall  provide  written
  notice  to  the  child's  parent  or parents or other known relatives or
  persons legally responsible as provided  for  in  this  paragraph.  Such
  notice  shall  be  served  upon  such  parent  or parents or other known
  relatives or persons legally responsible  in  the  manner  required  for
  service  of  process  pursuant  to section six hundred seventeen of this
  act. Information regarding such  diligent  search,  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  the  non-appearing  parent,  shall  be recorded in the
  uniform case record maintained pursuant to section four  hundred  nine-f
  of the social services law.

    (iii)  Notice  as required by paragraph (ii) of this subdivision shall
  state:
    (A)  that  the  local commissioner of social services shall initiate a
  proceeding to commit the guardianship and custody of the  subject  child
  to  an authorized agency and that such proceeding shall be commenced six
  months from the date the child was placed in the  care  and  custody  of
  such commissioner with such date to be specified in the notice;
    (B)  that  there  has been no visitation and communication between the
  parent and the child since the child has  been  placed  with  the  local
  commissioner  of  social  services  and  that  if no such visitation and
  communication with the child occurs within six months of  the  date  the
  child  was  placed  with  such  commissioner the child will be deemed an
  abandoned child as defined in section three hundred eighty-four-b of the
  social services law and a proceeding will be  commenced  to  commit  the
  guardianship and custody of the subject child to an authorized agency;
    (C)  that  it is the legal responsibility of the local commissioner of
  social services to reunite and reconcile families whenever possible  and
  to offer services and assistance for that purpose;
    (D)  the name, address and telephone number of the caseworker assigned
  to  the  subject  child  who  can  provide  information,  services   and
  assistance with respect to reuniting the family;
    (E)  that  it  is  the responsibility of the parent, relative or other
  person legally responsible for the child to visit and  communicate  with
  the  child  and  that  such  visitation  and communication may avoid the
  necessity of initiating a petition  for  the  transfer  of  custody  and
  guardianship of the child.
  Such  notice shall be printed in both Spanish and English and contain in
  conspicuous print and in plain language the  information  set  forth  in
  this paragraph.
    (c)  In  addition to or in lieu of an order of placement made pursuant
  to subdivision (b)  of  this  section,  the  court  may  make  an  order
  directing  a  child protective agency, social services official or other
  duly authorized agency to undertake diligent efforts  to  encourage  and
  strengthen the parental relationship when it finds such efforts will not
  be  detrimental  to  the best interests of the child. Such efforts shall
  include encouraging and facilitating visitation with the  child  by  the
  parent  or  other  person legally responsible for the child's care. Such
  order may include a specific plan of action for such agency or  official
  including, but not limited to, requirements that such agency or official
  assist  the  parent  or other person responsible for the child's care in
  obtaining adequate housing,  employment,  counseling,  medical  care  or
  psychiatric  treatment.  Such  order  shall also include encouraging and
  facilitating visitation with the child by the non-custodial  parent  and
  grandparents  who  have  obtained  orders pursuant to part eight of this
  article, and may include encouraging and  facilitating  visitation  with
  the  child by the child's siblings. Nothing in this subdivision shall be
  deemed to limit the authority of the court to make an order pursuant  to
  section two hundred fifty-five of this act.
    (d)  In  addition to or in lieu of an order of placement made pursuant
  to subdivision (b)  of  this  section,  the  court  may  make  an  order
  directing  a social services official or other duly authorized agency to
  institute a proceeding to legally free the child for  adoption,  if  the
  court  finds  reasonable  cause  to believe that grounds therefor exist.
  Upon a failure by such official or agency to institute such a proceeding
  within ninety days after entry of such order, the court shall permit the
  foster parent or parents in whose home the child  resides  to  institute
  such  a  proceeding  unless  the  social services official or other duly
  authorized agency caring for the child, for good cause  shown  and  upon

  due notice to all parties to the proceeding, has obtained a modification
  or  extension of such order, or unless the court has reasonable cause to
  believe that such foster parent or parents would not obtain approval  of
  their   petition   to  adopt  the  children  in  a  subsequent  adoption
  proceeding.
    (e) No placement may be made or continued under  this  section  beyond
  the  child's  eighteenth  birthday  without his or her consent and in no
  event past his or her twenty-first birthday.
    (f) If a child is placed in the custody of the local  commissioner  of
  social  services  or  other  officer,  board or department authorized to
  receive children as public charges, such person shall provide  for  such
  child  as in the case of a destitute child or as otherwise authorized by
  law.
    (g) If the parent or person legally responsible for the  care  of  any
  such  child  or  with whom such child resides receives public assistance
  and care, any portion of which is attributable to such child, a copy  of
  the  order  of  the court providing for the placement of such child from
  his or her home shall be furnished to the  appropriate  social  services
  official, who shall reduce the public assistance and care furnished such
  parent  or  other  person  by  the  amount  attributable  to such child,
  provided, however, that when the child service plan prepared pursuant to
  section four hundred nine-e of the social services law includes  a  goal
  of  discharge  of  the child to the parent or person legally responsible
  for the care of the child or other member of the household, such  social
  services official shall not, to the extent that federal reimbursement is
  available  therefor, reduce the portion attributable to such child which
  is intended to meet the cost of shelter and fuel for heating.
    (h) Any order made under this section  shall  be  suspended  upon  the
  entry  of  an order of disposition with respect to a child whose custody
  and guardianship have been committed pursuant to section  three  hundred
  eighty-four-b  of  the  social  services  law, and shall expire upon the
  expiration of the time for appeal  of  such  order  or  upon  the  final
  determination  of  any such appeal and any subsequent appeals authorized
  by law; provided, however, that where custody and guardianship have been
  committed pursuant to section three hundred eighty-four-b of the  social
  services law or where the child has been surrendered pursuant to section
  three  hundred eighty-three-c or three hundred eighty-four of the social
  services law, the child shall  nonetheless  be  deemed  to  continue  in
  foster  care  until such time as an adoption or other alternative living
  arrangement is finalized. A permanency  hearing  or  hearings  regarding
  such  child  shall be conducted in accordance with article ten-A of this
  act. Nothing in this subdivision shall cause such order of placement  to
  be  suspended  or  to  expire with respect to any parent or other person
  whose consent is required for an  adoption  against  whom  an  order  of
  disposition  committing  guardianship  and  custody of the child has not
  been made.
    (i) In making an order under this section,  the  court  may  direct  a
  local  commissioner  of  social  services  to  place  the  subject child
  together with minor siblings or half-siblings who have  been  placed  in
  the  custody  of  the commissioner, or to provide or arrange for regular
  visitation and other forms  of  communication  between  such  child  and
  siblings  where  the  court  finds that such placement or visitation and
  communication is in the child's best  interests.  Placement  or  regular
  visitation  and  communication  with  siblings or half-siblings shall be
  presumptively in the child's best interests  unless  such  placement  or
  visitation  and  communication  would be contrary to the child's health,
  safety or welfare, or the lack  of  geographic  proximity  precludes  or
  prevents visitation.