New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 1030. Order of visitation by a respondent. (a) A respondent shall
have the right to reasonable and regularly scheduled visitation with a
child in the temporary custody of a social services official pursuant to
this part or pursuant to subdivision (d) of section one thousand
fifty-one of this article, unless limited by an order of the family
court.
(b) A respondent who has not been afforded such visitation may apply
to the court for an order requiring the local social services official
having temporary custody of the child pursuant to this part or pursuant
to subdivision (d) of section one thousand fifty-one of this article, to
permit the respondent to visit the child at stated periods. Such
application shall be made upon notice to the local social services
official and to any attorney appointed to represent the child, who shall
be afforded an opportunity to be heard thereon.
(c) A respondent shall be granted reasonable and regularly scheduled
visitation unless the court finds that the child's life or health would
be endangered thereby, but the court may order visitation under the
supervision of an employee of a local social services department upon a
finding that such supervised visitation is in the best interest of the
child.
(d) An order made under this section may be modified by the court for
good cause shown, upon application by any party or the child's attorney,
and upon notice of such application to all other parties and the child's
attorney, who shall be afforded an opportunity to be heard thereon.
(e) An order made under this section shall terminate upon the entry of
an order of disposition pursuant to part five of this article.
