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.