Current through 2024 NY Law Chapter 457
Section 1088 - Continuing court jurisdiction(a) If a child is placed pursuant to section three hundred fifty-eight- a, three hundred eighty-four, or three hundred eighty-four-a of the social services law, or pursuant to section one thousand seventeen, one thousand twenty-two, one thousand twenty-seven, one thousand fifty-two, one thousand eighty-nine, one thousand ninety-one, one thousand ninety-four or one thousand ninety-five of this act, or directly placed with a relative pursuant to section one thousand seventeen or one thousand fifty-five of this act; or if the child is freed for adoption pursuant to section six hundred thirty-one of this act or sectionthree hundred eighty-three-c, three hundred eighty-four or three hundred eighty-four-b of the social services law, the case shall remain on the court's calendar and the court shall maintain jurisdiction over the case until the child is discharged from placement and all orders regarding supervision, protection or services have expired.(b) The court shall rehear the matter whenever it deems necessary or desirable, or upon motion by any party entitled to notice in proceedings under this article, or by the attorney for the child, and whenever a permanency hearing is required by this article. While the court maintains jurisdiction over the case, the provisions of section one thousand thirty-eight of this act shall continue to apply.(c) The court shall also maintain jurisdiction over a case for purposes of hearing a motion to permit a former foster care youth , as defined in article ten-B of this act, to return to the custody of the social services district from which the youth was most recently discharged or, in the case of a youth previously placed with the office of children and family services for placement, to be placed in the custody of the social services district of the child's residence or, in the case of a child freed for adoption, the authorized agency into whose custody and guardianship the child has been placed.N.Y. Family Court Law § 1088
Amended by New York Laws 2021, ch. 798,Sec. 4, eff. 12/22/2021.