Statute:

Application of a relative to become a foster parent

ยง 1028-a. Application of a relative to become a foster parent. (a)
Upon the application of a relative to become a foster parent of a child
in foster care, the court shall, subject to the provisions of this
subdivision, hold a hearing to determine whether the child should be
placed with a relative in foster care. Such hearing shall only be held
if:

(i) the person is related to the child as described under paragraph
(a), (b), or (c) of subdivision three of section four hundred
fifty-eight-a of the social services law;

(ii) the child has been temporarily removed under this part, or placed
pursuant to section one thousand fifty-five of this article, and placed
in non-relative foster care;

(iii) the relative indicates a willingness to become the foster parent
for such child and has not refused previously to be considered as a
foster parent or custodian of the child, provided, however, that an
inability to provide immediate care for the child due to a lack of
resources or inadequate housing, educational or other arrangements
necessary to care appropriately for the child shall not constitute a
previous refusal;

(iv) the local social services district has refused to place the child
with the relative for reasons other than the relative's failure to
qualify as a foster parent pursuant to the regulations of the office of
children and family services; and

(v) the application is brought within six months from the date the
relative received notice that the child was being removed or had been
removed from his or her home and no later than twelve months from the
date that the child was removed.

(b) The court shall give due consideration to such application and
shall make the determination as to whether the child should be placed in
foster care with the relative based on the best interests of the child.

(c) After such hearing, if the court determines that placement in
foster care with the relative is in the best interests of the child, the
court shall direct the local commissioner of social services, pursuant
to regulations of the office of children and family services, to
commence an investigation of the home of the relative within twenty-four
hours and thereafter expedite approval or certification of such
relative, if qualified, as a foster parent. No child, however, shall be
placed with a relative prior to final approval or certification of such
relative as a foster parent.

FCT 1028-A 2019-11-01

Sections:

Article 10 - Child Protective Proceedings
Part 1 - (1011 - 1018) Jurisdiction
1011 - Purpose.
1012 - Definitions.
1013 - Jurisdiction.
1014 - Transfer to and from family court; concurrent proceedings.
1015 - Venue.
1015-A - Court-ordered services.
1016 - Appointment of attorney for the child.
1017 - Placement of children.
1018 - Conferencing and mediation.
Part 2 - (1021 - 1030) Temporary Removal And Preliminary Orders
1021 - Temporary removal with consent.
1022 - Preliminary orders of court before petition filed.
1022-A - Preliminary orders; notice and appointment of counsel.
1023 - Procedure for issuance of temporary order.
1024 - Emergency removal without court order.
1026 - Action by the appropriate person designated by the court and child protective agency upon emergency removal.
1027 - Hearing and preliminary orders after filing of petition.
1027-A - Placement of siblings.
1028 - Application to return child temporarily removed.
1028-A - Application of a relative to become a foster parent.
1029 - Temporary order of protection.
1030 - Order of visitation by a respondent.
Part 3 - (1031 - 1040) Preliminary Procedure
1031 - Originating proceeding to determine abuse or neglect.
1032 - Persons who may originate proceedings.
1033 - Access to the court for the purpose of filing a petition.
1033-A - Initial appearance.
1033-B - Initial appearance; procedures.
1034 - Power to order investigations.
1035 - Issuance of summons; notice to certain interested persons and intervention.
1036 - Service of summons.
1037 - Issuance of warrant and reports to court.
1038 - Records and discovery involving abuse and neglect.
1038-A - Discovery; upon court order.
1039 - Adjournment in contemplation of dismissal.
1039-A - Procedures following adjournment in contemplation of dismissal.
1039-B - Termination of reasonable efforts.
1040 - Notice and right to be heard.
Part 4 - (1041 - 1049) Hearings
1041 - Required findings concerning notice.
1042 - Effect of absence of parent or other person responsible for care.
1043 - Hearings not open to the public.
1044 - Definition of "fact-finding hearing".
1045 - Definition of "dispositional hearing".
1046 - Evidence.
1047 - Sequence of hearings.
1048 - Adjournments.
1049 - Special consideration in certain cases.
Part 5 - (1051 - 1059) Orders
1051 - Sustaining or dismissing petition.
1052 - Disposition on adjudication.
1052-A - Post-dispositional procedures.
1052-B - Duties of counsel.
1052-C - Duty to report investigations to locate non-respondent parents or relatives.
1053 - Suspended judgment.
1054 - Release to custody of parent or other person responsible for care; supervision or order of protection.
1055 - Placement.
1055-A - Substantial failure of a material condition of surrender; enforcement of a contact agreement.
1055-B - Custody or guardianship with relatives or suitable persons pursuant to article six of this act or guardianship with such a person pursuant to article
1056 - Order of protection.
1056-A - Firearms; surrender and license suspension, revocation and ineligibility.
1057 - Supervision.
1058 - Expiration of orders.
Part 6 - (1061 - 1069) New Hearing And Reconsideration Of Orders
1061 - Staying, modifying, setting aside or vacating order.
1062 - Motion to terminate placement.
1063 - Service of motion; answer.
1064 - Examination of motion and answers; hearing.
1065 - Orders on hearing.
1066 - Successive motions.
1067 - Discontinuation of treatment by agency or institution.
1068 - Action on return from agency or institution.
1069 - Rules of court.
Part 7 - (1071 - 1075) Compliance With Orders
1071 - Failure to comply with terms and conditions of suspended judgment.
1072 - Failure to comply with terms and conditions of supervision.
1073 - Effect of running away from place of placement.
1074 - Release from responsibility under order of placement.
1075 - Special duties of attorney for the child.
Part 8 - (1081 - 1085) Visitation Of Minors In Foster Care
1081 - Visitation rights.
1082 - Approval, modification or denial of visitation rights.
1083 - Duration of orders affecting visitation rights.
1084 - Out-of-wedlock children; paternity.
1085 - Visitation and custody rights unenforceable; murder of parent, custodian, guardian, or child.

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