Title FCT, Family Court

§ 1053. Suspended judgment. (a) Rules of court shall define permissible terms and conditions of a suspended judgment. These terms and conditions shall relate to the acts or omissions of the parent or other person legally responsible for the care of the child. (b) The maximum dur…

§ 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 …

§ 1055. Placement. (a) (i) For purposes of section one thousand fifty-two of this part the court may place the child in the custody of a relative or other suitable person pursuant to this article, or of the local commissioner of social services or of such other officer, board or…

§ 1055-a. Substantial failure of a material condition of surrender; enforcement of a contact agreement. (a) In case of a substantial failure of a material condition in a surrender executed pursuant to section three hundred eighty-three-c of the social services law prior to final…

§ 1055-b. Custody or guardianship with a parent or parents, relatives or suitable persons pursuant to article six of this act or guardianship with relatives or suitable persons pursuant to article seventeen of the surrogate's court procedure act. (a) Custody or guardianship with…

§ 1055-c. Court review of placement in a qualified residential treatment program. 1. The provisions of this section shall apply when a child is placed on or after September twenty-ninth, two thousand twenty-one and resides in a qualified residential treatment program, as defined…

§ 1056. Order of protection. 1. The court may issue an order of protection in assistance or as a condition of any other order made under this part. Such order of protection shall remain in effect concurrently with, shall expire no later than the expiration date of, and may be ex…

§ 1056-a. Firearms; surrender and license suspension, revocation and ineligibility. Upon the issuance of an order of protection or temporary order of protection, or upon a violation of such order, the court shall make an order in accordance with section eight hundred forty-two-a…

§ 1057. Release of the child to the respondent or respondents; supervision of the respondent or respondents. (a) The court may release the child to the respondent or respondents for a period of up to one year, which may be extended pursuant to subdivision (d) of this section. (b…

§ 1058. Expiration of orders. No later than sixty days prior to the expiration of an order issued pursuant to paragraph (i), (ii), (iv), or (v) of subdivision (a) of section one thousand fifty-two of this part or prior to the conclusion of the period of an adjournment in contemp…

§ 1061. Staying, modifying, setting aside or vacating order. For good cause shown and after due notice, the court on its own motion, on motion of the corporation counsel, county attorney or district attorney or on motion of the petitioner, or on motion of the child or on his beh…

§ 1062. Motion to terminate placement. Any interested person acting on behalf of a child placed under section one thousand fifty-five of this article, the child's parent, or the person legally responsible for the child may make a motion to the court for an order terminating the …

§ 1063. Service of motion; answer. A copy of a motion under section one thousand sixty-two of this part shall promptly be served by regular mail upon the duly authorized agency or the institution having custody of the child and upon the child's attorney, each of whose duty it is…

§ 1064. Examination of motion and answers; hearing. The court shall promptly examine the motion and answers. If the court concludes that a hearing should be had, it may proceed upon due notice to all concerned to hear the facts and determine whether continued placement serves th…

§ 1065. Orders on hearing. (a) If the court determines after hearing that continued placement serves the purposes of this article, it shall deny the motion. The court may, on its own motion, determine a schedule for the return of the child, change the agency or institution in wh…

§ 1066. Successive motions. If a motion under section one thousand sixty-two of this part is denied, it may not be renewed for a period of ninety days after the denial, unless the order of denial permits renewal at an earlier time.

§ 1067. Discontinuation of treatment by agency or institution. A child placed with an authorized agency under section one thousand fifty-five shall be returned to the court which entered the order of placement, if the agency (a) discontinues or suspends its work; or (b) is unwil…

§ 1068. Action on return from agency or institution. If a person is returned to the court under section one thousand sixty-seven of this part, the court may make any order that might have been made at the time of the order of placement.

§ 1069. Rules of court. Rules of court may authorize an agency with which a child is placed pursuant to section three hundred fifty-five to arrange for the child's care by another person or authorized agency. In the event such an arrangement is made, the agency making the arrang…

§ 1071. Failure to comply with terms and conditions of suspended judgment. If, prior to the expiration of the period of the suspended judgment, a motion or order to show cause is filed that alleges that a parent or other person legally responsible for a child's care violated the…

§ 1072. Failure to comply with terms and conditions of supervision. If, prior to the expiration of the period of an order of supervision pursuant to section one thousand fifty-four or one thousand fifty-seven of this article, a motion or order to show cause is filed that alleges…

§ 1073. Effect of running away from place of placement. If a child placed under section one thousand fifty-five runs away from the place of placement the court may, after hearing, revoke the order of placement and make any order, including an order of placement, that might have …

§ 1074. Release from responsibility under order of placement. Those responsible for the operation of a place where a child has been placed under section one thousand fifty-five may petition the court for leave to return the child to the court and for good cause shown be released…

§ 1075. Special duties of attorney for the child. In addition to all other duties and responsibilities necessary to the representation of a child who is the subject of a proceeding under this article, an attorney for a child shall upon receipt of a report from a child protective…

§ 1081. Visitation rights. 1. A non-custodial parent or grandparent shall have the visitation rights with a child remanded or placed in the care of a social services official pursuant to this article as conferred by order of the family court or by any order or judgment of the su…

§ 1082. Approval, modification or denial of visitation rights. 1. (a) Upon receipt of a petition pursuant to subdivision four of section one thousand eighty-one of this part, the local department of social services shall make inquiry of the state central register of child abuse …

§ 1083. Duration of orders affecting visitation rights. 1. Where an order of the court has been made incorporating an order, judgment or agreement conferring visitation rights with a child on a non-custodial parent or grandparent into a dispositional order under this article, or…

§ 1084. Out-of-wedlock children; paternity. No visitation right shall be enforceable under this part concerning any person claiming to be a parent of an out-of-wedlock child without an adjudication of the paternity of such person by a court of competent jurisdiction, or without …

§ 1085. Visitation and custody rights unenforceable; murder of parent, custodian, guardian, or child. 1. No visitation or custody order shall be enforceable under this part by a person who has been convicted of murder in the first or second degree in this state, or convicted of …

§ 1086. Purpose. The purpose of this article is to establish uniform procedures for permanency hearings for all children who are placed in foster care pursuant to section three hundred fifty-eight-a, three hundred eighty-four or three hundred eighty-four-a of the social services…

§ 1087. Definitions. When used in this article, the following terms shall have the following meanings: (a) "Child" shall mean a person under the age of eighteen who is placed in foster care pursuant to section three hundred fifty-eight-a, three hundred eighty-four or three hundr…

§ 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 thou…

§ 1089. Permanency hearings. (a) Scheduling, commencement and completion of permanency hearings. (1) Children freed for adoption. (i) At the conclusion of the dispositional hearing at which the child was freed for adoption in a proceeding pursuant to section three hundred eighty…

§ 1089-a. Custody or guardianship with a parent or parents, a relative or relatives or a suitable person or persons pursuant to article six of this act or guardianship of a relative or relatives or a suitable person or persons pursuant to article seventeen of the surrogate's cou…

§ 1090. Representation of parties. (a) If an attorney for the child has been appointed by the family court in a proceeding pursuant to this article or section three hundred fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four, or three hundred eighty-four-b of …

§ 1090-a. Participation of children in their permanency hearings. (a)(1) As provided for in subdivision (d) of section one thousand eighty-nine of this article, the permanency hearing shall include an age appropriate consultation with the child. (2) Except as otherwise provided …

§ 1091. Motion to return to foster care placement. (a) For purposes of this article: (1) "Former foster care youth" shall mean a youth: (i) who has attained the age of eighteen but is under the age of twenty-one and who had been discharged from a foster care setting on or after:…

§ 1091-a. Court review of placement in a qualified residential treatment program. 1. The provisions of this section shall apply when a former foster care youth is placed on or after September twenty-ninth, two thousand twenty-one, and resides in a qualified residential treatment…

§ 1092. Definitions. When used in this article unless the specific context indicates otherwise: (a) "destitute child" shall mean a child under the age of eighteen who is in a state of want or suffering due to lack of sufficient food, clothing, shelter, or medical or surgical car…

§ 1093. Originating proceedings. (a) Filing of the petition. Only a commissioner of social services may originate a proceeding under this article. A proceeding under this article may be originated by the filing of a petition alleging that the child is a destitute child as define…

§ 1094. Initial appearance and preliminary proceedings. (a) At the initial appearance, the court shall: (1) appoint an attorney to represent the child in accordance with section two hundred forty-nine of this act, and appoint an attorney to represent a parent, caretaker or inter…

§ 1095. Fact finding and disposition. (a) No fact finding hearing may commence under this article unless the court enters a finding that all parties are present at the hearing and have been served with a copy of the petition, provided however, that if any party is or are living …

§ 1096. Custody or guardianship with relatives or suitable persons pursuant to article six of this act or article seventeen of the surrogate's court procedure act. (a) At the conclusion of a hearing held pursuant to section one thousand ninety-five of this article, the court may…

§ 1097. Court review of placement in a qualified residential treatment program. 1. The provisions of this section shall apply when a child is placed on or after September twenty-ninth, two thousand twenty-one, and resides in a qualified residential treatment program, as defined …

§ 111. Title of act. The title of this act is "the family court act of the state of New York." It may be cited as "The Family Court Act."

§ 1111. Appeals to appellate division. An appeal may be taken to the appellate division of the supreme court of the judicial department in which the family court whose order is appealed from is located.

§ 1112. Appealable orders. a. An appeal may be taken as of right from any order of disposition and, in the discretion of the appropriate appellate division, from any other order under this act. An appeal from an intermediate or final order in a case involving abuse or neglect ma…

§ 1113. Time of appeal. An appeal under this article must be taken no later than thirty days after the service by a party or the child's attorney upon the appellant of any order from which the appeal is taken, thirty days from receipt of the order by the appellant in court or th…

§ 1114. Effect of appeal; stay. (a) The timely filing of a notice of appeal under this article does not stay the order from which the appeal is taken. (b) Except as provided in subdivision (d) of this section, a justice of the appellate division to which an appeal is taken may s…

§ 1115. Notices of appeal. An appeal as of right shall be taken by filing the original notice of appeal with the clerk of the family court in which the order was made and from which the appeal is taken. A notice of appeal shall be served on any adverse party as provided for in s…