N.Y. Fam. Ct. Act § 1027-a
Placement of siblings; contact with siblings
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2017
As of January 1, 2015
§ 1027-a. Placement of siblings. When a social services official\nremoves a child pursuant to this part, such official shall place such\nchild with his or her minor siblings or half-siblings who have been or\nare being remanded to or placed in the care and custody of such official\nunless, in the judgment of such official, such placement is contrary to\nthe best interests of the children. Placement with siblings or\nhalf-siblings shall be presumptively in the child's best interests\nunless such placement would be contrary to the child's health, safety,\nor welfare. If such placement is not immediately available at the time\nof the removal of the child, such official shall provide or arrange for\nthe provision of such placement within thirty days.\n
§ 1027-a. Placement of siblings; contact with siblings. (a) When a\nsocial services official removes a child pursuant to this part, such\nofficial shall place such child with his or her minor siblings or\nhalf-siblings who have been or are being remanded to or placed in the\ncare and custody of such official unless, in the judgment of such\nofficial, such placement is contrary to the best interests of the\nchildren. Placement with siblings or half-siblings shall be\npresumptively in the child's best interests unless such placement would\nbe contrary to the child's health, safety, or welfare. If such placement\nis not immediately available at the time of the removal of the child,\nsuch official shall provide or arrange for the provision of such\nplacement within thirty days.\n (b) If placement of a child removed pursuant to this part together\nwith his or her minor siblings is not in the best interests of the\nchild, the social services official shall arrange appropriate and\nregular contact by the child with his or her minor siblings and\nhalf-siblings unless such contact would not be in the child's and the\nsiblings' best interests.\n (c) If a child removed pursuant to this part is not placed together or\nafforded regular contact with his or her siblings, the child, through\nhis or her attorney or through a parent on his or her behalf, may move\nfor an order regarding placement or contact. The motion shall be served\nupon: (i) the respondent in the proceeding under this article; (ii) the\nlocal social services official having the care of the child; (iii) other\npersons having care, custody and control of the child, if any; (iv) the\nparents or other persons having care, custody and control of the\nsiblings to be visited or with whom contact is sought; (v) any\nnon-respondent parent in the proceeding under this article; (vi) such\nsibling himself or herself if ten years of age or older; and (vii) such\nsibling's attorney, if any. For purposes of this section, "siblings"\nshall include half-siblings and those who would be deemed siblings or\nhalf-siblings but for the termination of parental rights or death of a\nparent. The court may order that the child be placed together with or\nhave regular contact with his or her siblings if the court determines it\nto be in the best interests of the child and his or her siblings.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.