New York Law
Family Court Laws
Consolidated Laws of New York
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Part 6 - Article 10 - Family Court
NEW HEARING AND RECONSIDERATION OF ORDERS
S 1061. Staying, modifying, setting aside or vacating order. For good
cause shown and after due notice, the court on its own motion, on motion
of the corporation counsel, county attorney or district attorney or on
motion of the petitioner, or on motion of the child or on his behalf, or
on motion of the parent or other person responsible for the child's care
may stay execution, of arrest, set aside, modify or vacate any order
issued in the course of a proceeding under this article.
S 1062. Motion to terminate placement. Any interested person acting on
behalf of a child placed under section one thousand fifty-five of this
article, the child's parent, or the person legally responsible for the
child may make a motion to the court for an order terminating the
placement. The motion must:
(a) show that an application for the child's return to his or her home
was made to an appropriate person in the place in which the child was
(b) show that the application was denied or was not granted within
thirty days from the day application was made; and
(c) be accompanied by a sworn affidavit stating the grounds for the
S 1063. Service of motion; answer. A copy of a motion under section
one thousand sixty-two of this part shall promptly be served by regular
mail upon the duly authorized agency or the institution having custody
of the child and upon the child's attorney, each of whose duty it is to
file an answer to the motion within five days of the receipt of the
S 1064. Examination of motion and answers; hearing. The court shall
promptly examine the motion and answers. If the court concludes that a
hearing should be had, it may proceed upon due notice to all concerned
to hear the facts and determine whether continued placement serves the
purposes of this article. If the court concludes that a hearing need not
be had, it shall enter an order granting or denying the motion.
S 1065. Orders on hearing. (a) If the court determines after hearing
that continued placement serves the purposes of this article, it shall
deny the motion. The court may, on its own motion, determine a schedule
for the return of the child, change the agency or institution in which
the child is placed, or direct the agency or institution to make such
other arrangements for the child's care and welfare as the facts of the
case may require.
(b) If the court determines after hearing that continued placement
does not serve the purposes of this article, the court shall discharge
the child from the custody of the agency or the institution in accord
with section one thousand fifty-four of this article.
S 1066. Successive motions. If a motion under section one thousand
sixty-two of this part is denied, it may not be renewed for a period of
ninety days after the denial, unless the order of denial permits renewal
at an earlier time.
S 1067. Discontinuation of treatment by agency or institution. A
child placed with an authorized agency under section one thousand
fifty-five shall be returned to the court which entered the order of
placement, if the agency (a) discontinues or suspends its work; or
(b) is unwilling to continue to care for the child for the reason that
support by the state of New York or one of its political subdivisions
has been discontinued; or
(c) so fundamentally alters its program that the child can no longer
benefit from it.
S 1068. Action on return from agency or institution. If a person is
returned to the court under section one thousand sixty-seven of this
part, the court may make any order that might have been made at the time
of the order of placement.
S 1069. Rules of court. Rules of court may authorize an agency with
which a child is placed pursuant to section three hundred fifty-five to
arrange for the child's care by another person or authorized agency. In
the event such an arrangement is made, the agency making the arrangement
shall, within one week of the making of the arrangement, advise the
court of the change and reason therefor.
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