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Consolidated Laws of New York
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Article 6 - Part 1A - Family Court
RESTORATION OF PARENTAL RIGHTS
Section |
Description |
635 |
Petition to restore parental rights. |
636 |
Originating a proceeding to restore parental rights; service and venue. |
637 |
Burden of proof, disposition and findings. |
S 635. Petition to restore parental rights. A petition to modify a
disposition ordered pursuant to subdivision (c) of section six hundred
thirty-one of this article or paragraph (a) of subdivision three of
section three hundred eighty-four-b of the social services law in order
to restore parental rights may be filed in accordance with this part
where the following conditions are met:
(a) the order committing guardianship and custody of the child had
been issued two or more years prior to the date of filing of the
petition under this section; and
(b) the order committing guardianship and custody of the child had
been based upon an adjudication upon grounds enumerated in paragraph
(b), (c) or (d) of subdivision four of section three hundred
eighty-four-b of the social services law; and
(c) the petition alleges that the petitioner or petitioners and the
respondent or respondents in the proceeding in which guardianship and
custody had been committed consent to the relief requested in the
petition or that the petitioner or petitioners withheld consent to the
relief requested in the petition without good cause; and
(d) the child is fourteen years of age or older, remains under the
jurisdiction of the family court, has not been adopted, does not have a
permanency goal of adoption and consents to the relief requested in the
petition.
S 636. Originating a proceeding to restore parental rights; service
and venue. (a) A proceeding to modify the disposition in order to
restore parental rights may be originated by the filing of a petition by
the child's attorney, by the agency or individual to whom guardianship
and custody of the child had been committed or by the respondent or
respondents in the termination of parental rights proceeding. The
petition shall be served upon the child's attorney, the agency or
individual to whom guardianship and custody of the child had been
committed and the respondent or respondents in the termination of
parental rights proceeding, as well as the attorney or attorneys who
represented the respondent or respondents in the termination of parental
rights proceeding. A certified copy of the order committing guardianship
and custody shall be attached to the petition.
(b) Upon the filing of a petition under this part, the court may cause
a summons to be issued to the child, the agency or individual to whom
guardianship and custody of the child had been committed and the
respondent or respondents in the termination of parental rights
proceeding. The summons shall be served in accordance with section six
hundred seventeen of this article, accompanied by a copy of the petition
and the certified order of commitment sought to be modified.
(c) The petition shall be filed before the court that exercised
jurisdiction over the most recent permanency proceeding involving the
child and shall be assigned, wherever practicable, to the family court
judge who presided over that proceeding or the proceeding to terminate
parental rights.
(d) Wherever practicable, the child shall be represented by the same
attorney that represented the child in the most recent permanency
proceeding and the parent or parents shall be represented by the same
attorney or attorneys who represented the parent or parents in the
termination of parental rights proceeding. Where this is not
practicable, or where the court grants a request by the attorney or
attorneys to be relieved, the court shall immediately assign a new
attorney or attorneys, as applicable.
S 637. Burden of proof, disposition and findings. (a) The petitioner
shall have the burden of proof by clear and convincing evidence that
restoration of parental rights is in the child's best interests, that
the requirements of section six hundred thirty-five of this part have
been met and that all of the parties and the child have consented or, if
the petitioner in the proceeding in which guardianship and custody have
been committed failed to consent to the relief requested, that such
failure was without good cause.
(b) The court shall state on the record the reason or reasons for its
disposition of the petition. The court may make the following orders of
disposition:
(i) The court may grant the petition, modify the order of disposition
previously entered in the termination of parental rights proceeding and
transfer guardianship and custody of the child to the birth parent or
parents, provided, however, that the findings of fact rendered pursuant
to section six hundred twenty-two of this article or subdivision four of
section three hundred eighty-four-b of the social services law that
formed the basis for the adjudication terminating parental rights shall
remain; or
(ii) The court may dismiss the petition, in which case the commitment
of guardianship and custody of the child to the authorized agency or
individual would continue and a permanency hearing would be required to
be held as scheduled in accordance with article ten-A of this act; or
(iii) The court may grant the petition conditionally for a designated
period of up to six months, during which time guardianship and custody
of the child shall remain with the local social services district or
authorized agency while the child may visit with, or be placed on a
trial discharge with, the birth parent or parents. The court shall
direct the district or agency to supervise the child's birth parent or
parents, develop a reunification plan and provide appropriate
transitional services to the child and birth parent or parents and
report to the parties, attorney for the child and the court not later
than thirty days prior to the expiration of the designated period. The
court shall schedule the proceeding to be heard prior to the expiration
of the designated period and shall determine whether to grant the
petition permanently in accordance with paragraph (i) of this
subdivision or dismiss the petition in accordance with paragraph (ii) of
this subdivision. The court shall state its reasons for its
determination. If the petition is permanently granted, the child's
custody and guardianship shall be transferred to the birth parent or
parents. If the child has been removed from the custody of the birth
parent or parents prior to the expiration of the designated period by
reason of a report of suspected child abuse or maltreatment, the court
shall schedule the proceeding to be heard on notice to the parties and
attorney for the child, may terminate the trial discharge and may
dismiss the petition in accordance with paragraph (ii) of this
subdivision.
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