Class 10 - Abuse and Neglect - November 11

§ 1044. Definition of “fact-finding hearing”

When used in this article, “fact-finding hearing” means a hearing to determine whether the child is an abused or neglected child as defined by this article.

§ 1045. Definition of “dispositional hearing”

When used in this article, “dispositional hearing” means a hearing to determine what order of disposition should be made.

§ 1052. Disposition on adjudication

(a) At the conclusion of a dispositional hearing under this article, the court shall enter an order of disposition directing one or more of the following:

(i) suspending judgment ...; or

(ii) releasing the child to a non-respondent parent or parents or legal custodian or custodians or guardian or guardians, who is not or are not respondents in the proceeding, ... or

(iii) placing the child in accord with section one thousand fifty-five of this part; or

(iv) making an order of protection ...; or

(v) releasing the child to the respondent or respondents or placing the respondent or respondents under supervision, or both, ...; or

(vi) granting custody of the child to a respondent parent or parents, a relative or relatives or a suitable person or persons ...; or

(vii) granting custody of the child to a non-respondent parent or parents pursuant to article six of this act.

...

(b)(i) The order of the court shall state the grounds for any disposition made under this section. If the court places the child in accord with section one thousand fifty-five of this part, the court in its order shall determine:

(A) whether continuation in the child's home would be contrary to the best interests of the child and where appropriate, that reasonable efforts were made prior to the date of the dispositional hearing held pursuant to this article to prevent or eliminate the need for removal of the child from his or her home and if the child was removed from the home prior to the date of such hearing, that such removal was in the child's best interests and, where appropriate, reasonable efforts were made to make it possible for the child to safely return home.

If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from the home were not made but that the lack of such efforts was appropriate under the circumstances, the court order shall include such a finding, or if the permanency plan for the child is adoption, guardianship or another permanent living arrangement other than reunification with the parent or parents of the child, the court order shall include a finding that reasonable efforts, including consideration of appropriate in-state and out-of-state placements, are being made to make and finalize such alternate permanent placement.

N.Y. Fam. Ct. Act § 1052 (McKinney)

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