N.Y. Fam. Ct. Act § 1054
Release to non-respondent parent or legal custodian or guardian
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2017
As of January 1, 2015
§ 1054. Release to custody of parent or other person responsible for\ncare; supervision or order of protection. (a) If the order of\ndisposition releases the child to the custody of his or her parent or\nother person legally responsible for his or her care at the time of the\nfiling of the petition, the court may place the person to whose custody\nthe child is released under supervision of a child protective agency or\nof a social services official or duly authorized agency, or may enter an\norder of protection under section one thousand fifty-six, or both. An\norder of supervision entered under this section shall set forth the\nterms and conditions of such supervision that the respondent must meet\nand the actions that the child protective agency, social services\nofficial or duly authorized agency must take to exercise such\nsupervision. Except as provided for herein, in any order issued pursuant\nto this section, the court may require the child protective agency to\nmake progress reports to the court, the parties, and the child's\nattorney on the implementation of such order. Where the order of\ndisposition is issued upon the consent of the parties and the child's\nattorney, such agency shall report to the court, the parties and the\nchild's attorney no later than ninety days after the issuance of the\norder, unless the court determines that the facts and circumstances of\nthe case do not require such report to be made.\n (b) Rules of court shall define permissible terms and conditions of\nsupervision under this section. The duration of any period of\nsupervision shall be for an initial period of no more than one year and\nthe court may at the expiration of that period, upon a hearing and for\ngood cause shown, make successive extensions of such supervision of up\nto one year each.\n
§ 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 guardian at the time of the filing of the petition, and who is not or\nare not respondents in the proceeding under this article. An order under\nthis section may be extended upon a hearing for a period of up to one\nyear for good cause.\n (b) The court may require the person or persons to whom the child is\nreleased under this section to submit to the jurisdiction of the court\nwith respect to the child for the period of the disposition or an\nextension thereof. The order may include, but is not limited to, a\ndirection for such person or persons to cooperate in making the child\navailable for court-ordered visitation with respondents, siblings and\nothers and for appointments with and visits by the child protective\nagency, including visits in the home and in-person contact with the\nchild protective agency, social services official or duly authorized\nagency, and for appointments with the child's attorney, clinician or\nother individual or program providing services to the child. The order\nshall set forth the terms and conditions applicable to such\nnon-respondent and child protective agency, social services official and\nduly authorized agency with respect to the child.\n (c) In conjunction with an order releasing the child to a\nnon-respondent parent, legal custodian or guardian under this\nsubdivision, the court may also issue any or all of the following\norders: an order of supervision of a respondent parent under section one\nthousand fifty-seven, an order directing that services be provided to\nthe respondent parent under section one thousand fifteen-a or an order\nof protection under section one thousand fifty-six of this article. An\norder of supervision of the respondent entered under this subdivision\nmay be extended upon a hearing for a period of up to one year for good\ncause.\n (d) Except as provided for herein, in any order issued pursuant to\nthis section, the court may require the child protective agency to make\nprogress reports to the court, the parties, and the child's attorney on\nthe implementation of such order. Where the order of disposition is\nissued upon the consent of the parties and the child's attorney, such\nagency shall report to the court, the parties and the child's attorney\nno later than ninety days after the issuance of the order and no later\nthan sixty days prior to the expiration of the order, unless the court\ndetermines that the facts and circumstances of the case do not require\nsuch report to be made.\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.