Section 754. Disposition on adjudication of person in need of supervision

1.  Upon an adjudication of person in need  of  supervision,  the  court
  shall enter an order of disposition:
    (a) Discharging the respondent with warning;
    (b)   Suspending   judgment  in  accord  with  section  seven  hundred
  fifty-five;
    (c) Continuing the proceeding and placing  the  respondent  in  accord
  with  section seven hundred fifty-six; provided, however, that the court
  shall not place the respondent in  accord  with  section  seven  hundred
  fifty-six  where the respondent is sixteen years of age or older, unless
  the court determines and states in its order that special  circumstances
  exist to warrant such placement; or
    (d)  Putting  the respondent on probation in accord with section seven
  hundred fifty-seven.
    2. (a) The order shall state the court's reasons  for  the  particular
  disposition.  If  the  court places the child in accordance with section
  seven hundred fifty-six of this part,  the  court  in  its  order  shall
  determine:  (i)  whether  continuation  in  the  child's  home  would be
  contrary to the best interest 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 his or her home prior to the date  of  such  hearing,  that
  such  removal  was  in the child's best interest and, where appropriate,
  reasonable efforts were made to make it possible for the child to return
  safely 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; and (ii) in
  the  case  of  a child who 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.  Nothing  in  this  subdivision  shall be
  construed to modify the standards for directing detention set  forth  in
  section seven hundred thirty-nine of this article.
    (b)  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 the court determines that:
    (i) the parent of such child has subjected  the  child  to  aggravated
  circumstances,  as  defined  in subdivision (g) of section seven hundred
  twelve of this article;
    (ii) the parent of such child has been convicted of (A) 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 (B) 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;
    (iii)  the  parent  of  such child has been convicted of an attempt to
  commit any of the crimes set forth in subparagraphs (i) and (ii) of this
  paragraph, 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;

    (iv)  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;
    (v) 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 subparagraph  (ii),  (iii)  or  (iv)  of  this
  paragraph, and the victim of such offense was the child or another child
  of the parent; or
    (vi) 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.
    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 and when the child:
  (A)  will  be  returned to the parent; (B) should be placed for adoption
  with the social services official filing a petition for  termination  of
  parental  rights;  (C)  should  be  referred for legal guardianship; (D)
  should be placed permanently with a fit and  willing  relative;  or  (E)
  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 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  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.
    (c) For the purpose of this section, in determining reasonable efforts
  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.
    (d)  For  the  purpose  of  this  section,  a  sibling shall include a
  half-sibling.