N.Y. Fam. Ct. Act § 1017

§ 1017. Placement of children. 1. In any proceeding under this\narticle, when the court determines that a child must be removed from his\nor her home, pursuant to part two of this article, or placed, pursuant\nto section one thousand fifty-five of this article, the court shall\ndirect the local commissioner of social services to conduct an immediate\ninvestigation to locate any non-respondent parent of the child and any\nrelatives of the child, including all of the child's grandparents, all\nsuitable relatives identified by any respondent parent or any\nnon-respondent parent and any relative identified by a child over the\nage of five as a relative who plays or has played a significant positive\nrole in his or her life, and inform them of the pendency of the\nproceeding and of the opportunity for becoming foster parents or for\nseeking custody or care of the child, and that the child may be adopted\nby foster parents if attempts at reunification with the birth parent are\nnot required or are unsuccessful. The local commissioner of social\nservices shall record the results of such investigation, including, but\nnot limited to, the name, last known address, social security number,\nemployer's address and any other identifying information to the extent\nknown regarding any non-respondent parent, in the uniform case record\nmaintained pursuant to section four hundred nine-f of the social\nservices law. For the purpose of this section, "non-respondent parent"\nshall include a person entitled to notice of the pendency of the\nproceeding and of the right to intervene as an interested party pursuant\nto subdivision (d) of section one thousand thirty-five of this article,\nand a non-custodial parent entitled to notice and the right to enforce\nvisitation rights pursuant to subdivision (e) of section one thousand\nthirty-five of this article. The court shall determine:\n (a) whether there is a suitable non-respondent parent or other person\nrelated to the child with whom such child may appropriately reside; and\n (b) in the case of a relative, whether such relative seeks approval as\na foster parent pursuant to the social services law for the purposes of\nproviding care for such child, or wishes to provide free care and\ncustody for the child during the pendency of any orders pursuant to this\narticle.\n 2. The court shall, upon receipt of the report of the investigation\nordered pursuant to subdivision one of this section:\n (a) where the court determines that the child may reside with a\nsuitable non-respondent parent or other relative or other suitable\nperson, either:\n (i) grant an order of custody or guardianship to such non-respondent\nparent, other relative or other suitable person pursuant to section one\nthousand fifty-five-b of this article; or\n (ii) place the child directly in the custody of such non-respondent\nparent, other relative or other suitable person pursuant to this article\nduring the pendency of the proceeding or until further order of the\ncourt, whichever is earlier and conduct such other and further\ninvestigations as the court deems necessary; or\n (iii) remand or place the child, as applicable, with the local\ncommissioner of social services and direct such commissioner to have the\nchild reside with such relative or other suitable person and further\ndirect such commissioner pursuant to regulations of the office of\nchildren and family services, to commence an investigation of the home\nof such relative or other suitable person within twenty-four hours and\nthereafter approve such relative or other suitable person, if qualified,\nas a foster parent. If such home is found to be unqualified for\napproval, the local commissioner shall report such fact to the court\nforthwith.\n (b) where the court determines that a suitable non-respondent parent\nor other person related to the child cannot be located, remand or place\nthe child with a suitable person, pursuant to subdivision (b) of section\none thousand twenty-seven or subdivision (a) of section one thousand\nfifty-five of this article, or remand or place the child in the custody\nof the local commissioner of social services pursuant to subdivision (b)\nof section one thousand twenty-seven or subdivision (a) of section one\nthousand fifty-five of this article. The court in its discretion may\ndirect that such commissioner have the child reside in a specific\ncertified foster home where the court determines that such placement is\nin furtherance of the child's best interests.\n 3. An order placing a child with a relative or other suitable person\npursuant to this section may not be granted unless the relative or other\nsuitable person consents to the jurisdiction of the court. The court may\nplace the person with whom the child has been directly placed under\nsupervision during the pendency of the proceeding. Such supervision\nshall be provided by a child protective agency, social services official\nor duly authorized agency. The court also may issue a temporary order of\nprotection under subdivision (f) of section one thousand twenty-two,\nsection one thousand twenty-three or section one thousand twenty-nine of\nthis article. An order of supervision issued pursuant to this\nsubdivision shall set forth the terms and conditions that the relative\nor suitable person must meet and the actions that the child protective\nagency, social services official or duly authorized agency must take to\nexercise such supervision.\n 4. Nothing in this section shall be deemed to limit, impair or\nrestrict the ability of the court to remove a child from his or her home\nas authorized by law, or the right of a party to a hearing pursuant to\nsection ten hundred twenty-eight of this article.\n