{"jurisdiction": "us-ny", "code": "fca", "section": "1040", "citation": "FCA § 1040", "heading": "Notice and right to be heard", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/1040", "from_official_api": true, "plain_english": "Foster/pre-adoptive parents and relatives caring for the child get **notice** of and a **right to be heard** at permanency hearings — but that alone does **not make them parties**, and their failure to appear waives the right and does not delay the hearing.\n\n---\n\n## PART 4 — HEARINGS", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/1040", "publisher": "Elyphived LLC"}