Current through 2024 NY Law Chapter 443
Section 1054 - Release to non-respondent parent or legal custodian or guardian(a) An order of disposition may release the child for a designated period of up to one year to a non-respondent parent or parents or a person or persons who had been the child's legal custodian or guardian at the time of the filing of the petition, and who is not or are not respondents in the proceeding under this article. An order under this section may be extended upon a hearing for a period of up to one year for good cause.(b) The court may require the person or persons to whom the child is released under this section to submit to the jurisdiction of the court with respect to the child for the period of the disposition or an extension thereof. The order may include, but is not limited to, a direction for such person or persons to cooperate in making the child available for court-ordered visitation with respondents, siblings and others and for appointments with and visits by the child protective agency , including visits in the home and in-person contact with the child protective agency, social services official or duly authorized agency, and for appointments with the child's attorney, clinician or other individual or program providing services to the child. The order shall set forth the terms and conditions applicable to such non-respondent and child protective agency, social services official and duly authorized agency with respect to the child.(c) In conjunction with an order releasing the child to a non-respondent parent, legal custodian or guardian under this subdivision, the court may also issue any or all of the following orders: an order of supervision of a respondent parent under section one thousand fifty-seven, an order directing that services be provided to the respondent parent under section one thousand fifteen- a or an order of protection under section one thousand fifty-six of this article. An order of supervision of the respondent entered under this subdivision may be extended upon a hearing for a period of up to one year for good cause.(d) Except as provided for herein, in any order issued pursuant to this section, the court may require the child protective agency to make progress reports to the court, the parties, and the child's attorney on the implementation of such order. Where the order of disposition is issued upon the consent of the parties and the child's attorney, such agency shall report to the court, the parties and the child's attorney no later than ninety days after the issuance of the order and no later than sixty days prior to the expiration of the order, unless the court determines that the facts and circumstances of the case do not require such report to be made. N.Y. Family Court Law § 1054
Amended by New York Laws 2015, ch. 567,Sec. 8, eff. 6/18/2016.