Section 756-A. Extension of placement

(a) In any case in which the child
  has been placed pursuant to section seven hundred fifty-six, the  child,
  the  person  with  whom the child has been placed or the commissioner of
  social services may petition the court to extend  such  placement.  Such
  petition  shall  be filed at least sixty days prior to the expiration of
  the period of placement, except for good cause shown, but  in  no  event
  shall such petition be filed after the original expiration date.
    (b)  The  court shall conduct a permanency hearing concerning the need
  for continuing the placement. The child, the person with whom the  child
  has  been  placed  and  the  commissioner  of  social  services shall be
  notified of such hearing and shall have the right to be heard thereat.
    (c) The provisions of section seven hundred forty-five shall apply  at
  such  permanency  hearing.  If  the  petition is filed within sixty days
  prior to the expiration of the period  of  placement,  the  court  shall
  first  determine  at such permanency hearing whether good cause has been
  shown. If good cause is not shown, the court shall dismiss the petition.
    (d) At the conclusion of the permanency hearing the court may, in  its
  discretion,  order  an  extension of the placement for not more than one
  year. The court must consider and determine in its order:
    (i) where appropriate, that reasonable efforts were made  to  make  it
  possible  for  the  child to safely return to his or her home, or if the
  permanency plan for the child is adoption, guardianship  or  some  other
  permanent living arrangement other than reunification with the parent or
  parents  of  the  child,  reasonable  efforts are being made to make and
  finalize such alternate permanent placement including  consideration  of
  appropriate in-state and out-of-state placements;
    (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;
    (iii) in the case of a child placed outside New  York  state,  whether
  the  out-of-state  placement continues to be appropriate and in the best
  interests of the child; and
    (iv) 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;
  and where  the  child  will  not  be  returned  home,  consideration  of
  appropriate in-state and out-of-state placements.
    (d-1)  At  the  permanency  hearing,  the court shall consult with the
  respondent in an age-appropriate manner regarding the permanency plan.
    (e) Pending final determination of a petition to extend such placement
  filed in accordance with the provisions of this section, the court  may,
  on  its  own  motion  or at the request of the petitioner or respondent,
  enter one or more temporary orders extending a period of  placement  not
  to exceed thirty days upon satisfactory proof showing probable cause for
  continuing  such  placement  and that each temporary order is necessary.
  The court may order additional temporary extensions,  not  to  exceed  a
  total  of  fifteen  days, if the court is unable to conclude the hearing
  within the thirty day temporary extension period. In no event shall  the
  aggregate  number  of  days  in extensions granted or ordered under this
  subdivision total more than  forty-five  days.  The  petition  shall  be
  dismissed  if  a decision is not rendered within the period of placement

  or any temporary extension thereof. Notwithstanding any provision of law
  to the contrary, the initial permanency hearing  shall  be  held  within
  twelve  months  of  the  date the child was placed into care pursuant to
  section  seven hundred fifty-six of this article and no later than every
  twelve months thereafter. For the purposes of this section, the date the
  child was placed into care shall be  sixty  days  after  the  child  was
  removed  from  his or her home in accordance with the provisions of this
  section.
    (f) Successive extensions of  placement  under  this  section  may  be
  granted,  but  no  placement may be made or continued beyond the child's
  eighteenth birthday without his or her consent and in no event past  his
  or her twenty-first birthday.