N.Y. Family Court Act Law § 1054
Release to non-respondent parent or legal custodian or guardian
New York · New York Family Court Act Law · Status: effective · Effective 2016-06-24
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- Citation
- N.Y. Family Court Act Law § 1054, Release to non-respondent parent or legal custodian or guardian, New York, version 1 as recorded 2026-07-25, yourstate.us, https://yourstate.us/provision/1107280
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Full text
§ 1054. Release to non-respondent parent or legal custodian or
guardian.
(a) An order of disposition may release the child for a
designated period of up to one year to a non-respondent parent or
parents or a person or persons who had been the child's legal custodian
or guardian at the time of the filing of the petition, and who is not or
are not respondents in the proceeding under this article. An order under
this section may be extended upon a hearing for a period of up to one
year for good cause.
(b) The court may require the person or persons to whom the child is
released under this section to submit to the jurisdiction of the court
with respect to the child for the period of the disposition or an
extension thereof. The order may include, but is not limited to, a
direction for such person or persons to cooperate in making the child
available for court-ordered visitation with respondents, siblings and
others and for appointments with and visits by the child protective
agency, including visits in the home and in-person contact with the
child protective agency, social services official or duly authorized
agency, and for appointments with the child's attorney, clinician or
other individual or program providing services to the child. The order
shall set forth the terms and conditions applicable to such
non-respondent and child protective agency, social services official and
duly authorized agency with respect to the child.
(c) In conjunction with an order releasing the child to a
non-respondent parent, legal custodian or guardian under this
subdivision, the court may also issue any or all of the following
orders: an order of supervision of a respondent parent under section one
thousand fifty-seven, an order directing that services be provided to
the respondent parent under section one thousand fifteen-a or an order
of protection under section one thousand fifty-six of this article. An
order of supervision of the respondent entered under this subdivision
may be extended upon a hearing for a period of up to one year for good
cause.
(d) Except as provided for herein, in any order issued pursuant to
this section, the court may require the child protective agency to make
progress reports to the court, the parties, and the child's attorney on
the implementation of such order. Where the order of disposition is
issued upon the consent of the parties and the child's attorney, such
agency shall report to the court, the parties and the child's attorney
no later than ninety days after the issuance of the order and no later
than sixty days prior to the expiration of the order, unless the court
determines that the facts and circumstances of the case do not require
such report to be made.