Termination of reasonable efforts

§ 1039-b. Termination of reasonable efforts. (a) In conjunction with,
or at any time subsequent to, the filing of a petition under section ten
hundred thirty-one of this chapter, the social services official may
file a motion upon notice requesting a finding that reasonable efforts
to return the child to his or her home are no longer required.

(b) For the purpose of this section, reasonable efforts to make it
possible for the child to return safely to his or her home shall not be
required where the court determines that:

(1) the parent of such child has subjected the child to aggravated
circumstances, as defined in subdivision (j) of section ten hundred
twelve of this article;

(2) the parent of such child has been convicted of (i) murder in the
first degree as defined in section 125.27 or murder in the second degree
as defined in section 125.25 of the penal law and the victim was another
child of the parent; or (ii) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second degree as defined in
section 125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have acted voluntarily
in committing such crime;

(3) the parent of such child has been convicted of an attempt to
commit any of the foregoing crimes, and the victim or intended victim
was the child or another child of the parent; or has been convicted of
criminal solicitation as defined in article one hundred, conspiracy as
defined in article one hundred five or criminal facilitation as defined
in article one hundred fifteen of the penal law for conspiring,
soliciting or facilitating any of the foregoing crimes, and the victim
or intended victim was the child or another child of the parent;

(4) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, assault in the first degree
as defined in section 120.10 or aggravated assault upon a person less
than eleven years old as defined in section 120.12 of the penal law, and
the commission of one of the foregoing crimes resulted in serious
physical injury to the child or another child of the parent;

(5) the parent of such child has been convicted in any other
jurisdiction of an offense which includes all of the essential elements
of any crime specified in paragraph two, three or four of this
subdivision, and the victim of such offense was the child or another
child of the parent; or

(6) the parental rights of the parent to a sibling of such child have
been involuntarily terminated;
unless the court determines that providing reasonable efforts would be
in the best interests of the child, not contrary to the health and
safety of the child, and would likely result in the reunification of the
parent and the child in the foreseeable future. The court shall state
such findings in its order.

(c) If the court determines that reasonable efforts are not required
because of one of the grounds set forth above, a permanency hearing
shall be held within thirty days of the finding of the court that such
efforts are not required. At the permanency hearing, the court shall
determine the appropriateness of the permanency plan prepared by the
social services official which shall include whether or when the child:
(i) will be returned to the parent; (ii) should be placed for adoption
with the social services official filing a petition for termination of
parental rights; (iii) should be referred for legal guardianship; (iv)
should be placed permanently with a fit and willing relative; or (v)
should be placed in another planned permanent living arrangement with a
significant connection to an adult willing to be a permanency resource
for the child if the child is age sixteen or older and if the
requirements of clause (E) of subparagraph (i) of paragraph two of
subdivision (d) of section one thousand eighty-nine of this chapter have
been met. The social services official shall thereafter make reasonable
efforts to place the child in a timely manner, including consideration
of appropriate in-state and out-of-state placements, and to complete
whatever steps are necessary to finalize the permanent placement of the
child as set forth in the permanency plan approved by the court. If
reasonable efforts are determined by the court not to be required
because of one of the grounds set forth in this paragraph, the social
services official may file a petition for termination of parental rights
in accordance with section three hundred eighty-four-b of the social
services law.

(d) For the purpose of this section, in determining reasonable effort
to be made with respect to a child, and in making such reasonable
efforts, the child's health and safety shall be the paramount concern;
and

(e) For the purpose of this section, a sibling shall include a
half-sibling.