Title FCT, Family Court

§ 1053. Suspended judgment. (a) Rules of court shall define\npermissible terms and conditions of a suspended judgment. These terms\nand conditions shall relate to the acts or omissions of the parent or\nother person legally responsible for the care of the child.\n (b) The maximu…

§ 1054. Release to non-respondent parent or legal custodian or\nguardian. (a) An order of disposition may release the child for a\ndesignated period of up to one year to a non-respondent parent or\nparents or a person or persons who had been the child's legal custodian\nor guard…

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

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

§ 1055-b. Custody or guardianship with a parent or parents, relatives\nor suitable persons pursuant to article six of this act or guardianship\nwith relatives or suitable persons pursuant to article seventeen of the\nsurrogate's court procedure act. (a) Custody or guardianship w…

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

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

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

§ 1057. Release of the child to the respondent or respondents;\nsupervision of the respondent or respondents.\n (a) The court may release the child to the respondent or respondents\nfor a period of up to one year, which may be extended pursuant to\nsubdivision (d) of this sectio…

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

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

§ 1062. Motion to terminate placement. Any interested person acting on\nbehalf of a child placed under section one thousand fifty-five of this\narticle, the child's parent, or the person legally responsible for the\nchild may make a motion to the court for an order terminating t…

§ 1063. Service of motion; answer. A copy of a motion under section\none thousand sixty-two of this part shall promptly be served by regular\nmail upon the duly authorized agency or the institution having custody\nof the child and upon the child's attorney, each of whose duty it…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 1088. Continuing court jurisdiction. (a) If a child is placed\npursuant to section three hundred fifty-eight-a, three hundred\neighty-four, or three hundred eighty-four-a of the social services law,\nor pursuant to section one thousand seventeen, one thousand twenty-two,\none …

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

§ 1089-a. Custody or guardianship with a parent or parents, a relative\nor relatives or a suitable person or persons pursuant to article six of\nthis act or guardianship of a relative or relatives or a suitable person\nor persons pursuant to article seventeen of the surrogate's …

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

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

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

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

§ 1092. Definitions. When used in this article unless the specific\ncontext indicates otherwise:\n (a) "destitute child" shall mean a child under the age of eighteen who\nis in a state of want or suffering due to lack of sufficient food,\nclothing, shelter, or medical or surgica…

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

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

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

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

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

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

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

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

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

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

§ 1115. Notices of appeal. An appeal as of right shall be taken by\nfiling the original notice of appeal with the clerk of the family court\nin which the order was made and from which the appeal is taken.\n A notice of appeal shall be served on any adverse party as provided\nfor…