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N.Y. Family Court Act Law § 1040

Notice and right to be heard

New York · New York Family Court Act Law · Status: effective · Effective 2014-09-22

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N.Y. Family Court Act Law § 1040, Notice and right to be heard, New York, version 1 as recorded 2026-07-25, yourstate.us, https://yourstate.us/provision/1107262
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§ 1040. Notice and right to be heard. The foster parent caring for the child or any pre-adoptive parent or relative providing care for the child shall be provided with notice of any permanency hearing held pursuant to this article by the social services official. Such foster parent, pre-adoptive parent or relative shall have the right to be heard at any such hearing; provided, however, no such foster parent, pre-adoptive parent or relative shall be construed to be a party to the hearing solely on the basis of such notice and right to be heard. The failure of the foster parent, pre-adoptive parent, or relative caring for the child to appear at a permanency hearing shall constitute a waiver of the right to be heard and such failure to appear shall not cause a delay of the permanency hearing nor shall such failure to appear be a ground for the invalidation of any order issued by the court pursuant to this section.