New York Law
Family Court Laws
Consolidated Laws of New York
Search New York State FCA Laws
Part 6 - Article 7 - Family Court
NEW HEARING AND RECONSIDERATION OF ORDERS
S 761. New hearing. On its own motion or on motion of any interested
person acting on behalf of the respondent, the court may for good cause
grant a new fact-finding or dispositional hearing under this article.
S 762. Staying, modifying, setting aside or vacating order. For good
cause, the court on its own motion or on motion of any interested person
acting on behalf of the respondent may stay execution of, arrest, set
aside, modify or vacate any order issued in the course of a proceeding
under this article.
S 763. Notice of motion. Notice of motion under sections seven hundred
sixty-one or seven hundred sixty-two, including the court's own motion,
shall be served upon parties and any agency or institution having
custody of the child not less than seven days prior to the return date
of the motion. The persons on whom the notice of motion is served shall
answer the motion not less than two days before the return date. On
examining the motion and answer and, in its discretion, after hearing
argument, the court shall enter an order, granting or denying the
S 764. Petition to terminate placement. Any parent or guardian or duly
authorized agency or next friend of a person placed under section seven
hundred fifty-six may petition to the court for an order terminating the
placement. The petition must be verified and must show:
(a) that an application for release of the respondent was made to the
duly authorized agency with which the child was placed;
(b) that the application was denied or was not granted within thirty
days from the day application was made; and
(c) the grounds for the petition.
S 765. Service of petition; answer. A copy of a petition under section
seven hundred sixty-four shall be served promptly upon the duly
authorized agency or the institution having custody of the person, whose
duty it is to file an answer to the petition within five days from the
day of service.
S 766. Examination of petition and answer; hearing. The court shall
promptly examine the petition and answer. 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 petition.
S 767. Orders on hearing. (a) If the court determines after hearing
that continued placement serves the purposes of this article, it shall
deny the petition. The court may, on its own motion, reduce the duration
of the placement, change the agency in which the child is placed, or
direct the agency to make such other arrangements for the person'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 person from the custody of the agency and may place the person on
probation or under the supervision of the court.
S 768. Successive petitions. If a petition under section seven hundred
sixty-four 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
Top of Page
- A comprehensive on-line digest of New York's criminal code.