N.Y. Fam. Ct. Act § 756-a

§ 756-a. Extension of placement. (a) In any case in which the child\nhas been placed pursuant to section seven hundred fifty-six, the child,\nthe person with whom the child has been placed or the commissioner of\nsocial services may petition the court to extend such placement. Such\npetition shall be filed at least sixty days prior to the expiration of\nthe period of placement, except for good cause shown, but in no event\nshall such petition be filed after the original expiration date.\n (b) The court shall conduct a permanency hearing concerning the need\nfor continuing the placement. The child, the person with whom the child\nhas been placed and the commissioner of social services shall be\nnotified of such hearing and shall have the right to be heard thereat.\n (c) The provisions of section seven hundred forty-five shall apply at\nsuch permanency hearing. If the petition is filed within sixty days\nprior to the expiration of the period of placement, the court shall\nfirst determine at such permanency hearing whether good cause has been\nshown. If good cause is not shown, the court shall dismiss the petition.\n (d) At the conclusion of the permanency hearing the court may, in its\ndiscretion, order an extension of the placement for not more than one\nyear. The court must consider and determine in its order:\n (i) where appropriate, that reasonable efforts were made to make it\npossible for the child to safely return to his or her home, or if the\npermanency plan for the child is adoption, guardianship or some other\npermanent living arrangement other than reunification with the parent or\nparents of the child, reasonable efforts are being made to make and\nfinalize such alternate permanent placement including consideration of\nappropriate in-state and out-of-state placements;\n (ii) in the case of a child who has attained the age of fourteen, the\nservices needed, if any, to assist the child to make the transition from\nfoster care to independent living;\n (iii) in the case of a child placed outside New York state, whether\nthe out-of-state placement continues to be appropriate and in the best\ninterests of the child;\n (iv) whether and when the child: (A) will be returned to the parent;\n(B) should be placed for adoption with the social services official\nfiling a petition for termination of parental rights; (C) should be\nreferred for legal guardianship; (D) should be placed permanently with a\nfit and willing relative; or (E) should be placed in another planned\npermanent living arrangement with a significant connection to an adult\nwilling to be a permanency resource for the child if the child is age\nsixteen or older and (1) the social services official has documented to\nthe court: (I) intensive, ongoing, and, as of the date of the hearing,\nunsuccessful efforts made by the social services district to return the\nchild home or secure a placement for the child with a fit and willing\nrelative including adult siblings, a legal guardian, or an adoptive\nparent, including through efforts that utilize search technology\nincluding social media to find biological family members for children,\n(II) the steps the social services district is taking to ensure that (A)\nthe child's foster family home or child care facility is following the\nreasonable and prudent parent standard in accordance with guidance\nprovided by the United States department of health and human services,\nand (B) the child has regular, ongoing opportunities to engage in age or\ndevelopmentally appropriate activities including by consulting with the\nchild in an age-appropriate manner about the opportunities of the child\nto participate in activities; and (2) the social services district has\ndocumented to the court and the court has determined that there are\ncompelling reasons for determining that it continues to not be in the\nbest interest of the child to return home, be referred for termination\nof parental rights and placed for adoption, placed with a fit and\nwilling relative, or placed with a legal guardian; and (3) the court has\nmade a determination explaining why, as of the date of the hearing,\nanother planned living arrangement with a significant connection to an\nadult willing to be a permanency resource for the child is the best\npermanency plan for the child; and\n (v) where the child will not be returned home, consideration of\nappropriate in-state and out-of-state placements.\n (d-1) At the permanency hearing, the court shall consult with the\nrespondent in an age-appropriate manner regarding the permanency plan;\nprovided, however, that if the respondent is age sixteen or older and\nthe requested permanency plan for the respondent is placement in another\nplanned permanent living arrangement with a significant connection to an\nadult willing to be a permanency resource for the respondent, the court\nmust ask the respondent about the desired permanency outcome for the\nrespondent.\n (e) Pending final determination of a petition to extend such placement\nfiled in accordance with the provisions of this section, the court may,\non its own motion or at the request of the petitioner or respondent,\nenter one or more temporary orders extending a period of placement not\nto exceed thirty days upon satisfactory proof showing probable cause for\ncontinuing such placement and that each temporary order is necessary.\nThe court may order additional temporary extensions, not to exceed a\ntotal of fifteen days, if the court is unable to conclude the hearing\nwithin the thirty day temporary extension period. In no event shall the\naggregate number of days in extensions granted or ordered under this\nsubdivision total more than forty-five days. The petition shall be\ndismissed if a decision is not rendered within the period of placement\nor any temporary extension thereof. Notwithstanding any provision of law\nto the contrary, the initial permanency hearing shall be held within\ntwelve months of the date the child was placed into care pursuant to\nsection seven hundred fifty-six of this article and no later than every\ntwelve months thereafter. For the purposes of this section, the date the\nchild was placed into care shall be sixty days after the child was\nremoved from his or her home in accordance with the provisions of this\nsection.\n (f) Successive extensions of placement under this section may be\ngranted, but no placement may be made or continued beyond the child's\neighteenth birthday without his or her consent and in no event past his\nor her twenty-first birthday.\n