Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 10. CHILD PROTECTIVE PROCEEDINGS |
Part 5. ORDERS |
Section 1055-B. Custody or guardianship with relatives or suitable persons pursuant to article six of this act
Latest version.
-
(a) At the conclusion of the dispositional hearing under this article the court may enter an order of disposition granting custody or guardianship of the child to a relative or suitable person under article six of this act if: (i) the relative or suitable person has filed a petition for custody or guardianship of the child pursuant to article six of this act; and (ii) the court finds that granting custody or guardianship of the child to the relative or suitable person is in the best interests of the child and that the safety of the child will not be jeopardized if the respondent or respondents under the child protective proceeding are no longer under supervision or receiving services; and (iii) the court finds that granting custody or guardianship of the child to the relative or suitable person under article six of this act will provide the child with a safe and permanent home; and (iv) all parties to the child protective proceeding consent to the granting of custody or guardianship under article six of this act; or (v) after a consolidated dispositional hearing on the child protective petition and the petition under article six of this act; (A) if a parent or parents fail to contest the granting of custody or guardianship under article six of this act the court finds that extraordinary circumstances exist that support granting an order of custody or guardianship under article six of this act; or (B) if a party other than the parent of parents fail to consent to the granting of custody or guardianship under article six of this act, the court finds that granting custody or guardianship of the child to the relative or suitable person is in the best interests of the child. (b) An order made in accordance with the provisions of this section shall set forth the required findings as described in subdivision (a) of this section and shall constitute the final disposition of the child protective proceeding. Notwithstanding any other provision of law, the court shall not issue an order of supervision nor may the court require the local department of social services to provide services to the respondent or respondents when granting custody or guardianship pursuant to article six of this act under this section. (c) As part of the order granting custody or guardianship pursuant to article six of this act, the court may require that the local department of social services and the law guardian for the child receive notice of and be made parties to any subsequent proceeding to modify the order of custody or guardianship granted pursuant to the article six proceeding. (d) An order entered in accordance with this section shall conclude the court's jurisdiction over the proceeding held pursuant to this article and the court shall not maintain jurisdiction over the parties for the purposes of permanency hearings held pursuant to article ten-A of this act.