N.Y. Fam. Ct. Act § 614

§ 614. Originating proceeding for the commitment of the guardianship\nand custody of a permanently neglected child. 1. A proceeding for the\ncommitment of the guardianship and custody of a child on the ground of\npermanent neglect is originated by a petition, alleging:\n (a) the child is a person under eighteen years of age;\n (b) the child is in the care of an authorized agency;\n (c) the authorized agency has made diligent efforts to encourage and\nstrengthen the parental relationship and specifying the efforts made or\nthat such efforts would be detrimental to the best interests of the\nchild and specifying the reasons therefor;\n (d) the parent or custodian, notwithstanding the agency's efforts, has\nfailed for a period of either at least one year or fifteen out of the\nmost recent twenty-two months following the date such child came into\nthe care of an authorized agency substantially and continuously or\nrepeatedly to maintain contact with or plan for the future of the child,\nalthough physically and financially able to do so; and\n (e) the best interests of the child require that the guardianship and\ncustody of the child be committed to an authorized agency or to a foster\nparent authorized to originate this proceeding under section one\nthousand eighty-nine of this act.\n 2. Where the petitioner is not the authorized agency, allegations\nrelating to the efforts of the authorized agency may be made upon\ninformation and belief.\n