{"jurisdiction": "us-ny", "code": "fca", "section": "1096", "citation": "FCA § 1096", "heading": "Custody or guardianship with relatives or suitable persons pursuant to article six of this act or article seventeen of the surrogate's co...", "text": ["§ 1096. Custody or guardianship with relatives or suitable persons pursuant to article six of this act or article seventeen of the surrogate's court procedure act. (a) At the conclusion of a hearing held pursuant to section one thousand ninety-five of this article, the court may enter an order of disposition granting custody or guardianship of the child to a relative or suitable person under article six of this act or guardianship of the child to a relative or suitable person under article seventeen of the surrogate's court procedure act if:", "(1) the relative or suitable person has filed a petition for custody or guardianship of the child pursuant to article six of this act or guardianship of the child pursuant to article seventeen of the surrogate's court procedure act; and", "(2) the court finds that granting custody or guardianship of the child to the relative or suitable person is in the best interests of the child; and", "(3) the court finds that granting custody or guardianship of the child to the relative or suitable person under article six of this act or guardianship of the child to a relative or suitable person under article seventeen of the surrogate's court procedure act will provide the child with a safe and permanent home; and", "(4) all parties to the destitute child proceeding consent to the granting of custody or guardianship under article six of this act or article seventeen of the surrogate's court procedure act; or", "(5) after a consolidated fact finding and dispositional hearing on the destitute child petition and the petition under article six of this act or article seventeen of the surrogate's court procedure act:", "(i) if a parent or parents fail to consent to the granting of custody or guardianship under article six of this act or guardianship under article seventeen of the surrogate's court procedure act, the court finds that extraordinary circumstances exist that support granting an order of custody or guardianship under article six of this act or guardianship under article seventeen of the surrogate's court procedure act; or", "(ii) if the parent or parents consent and a party other than a parent fails to consent to the granting of custody or guardianship under article six of this act or guardianship under article seventeen of the surrogate's court procedure act, the court finds that granting custody or guardianship of the child to the relative or suitable person is in the best interests of the child.", "(b) An order made in accordance with the provisions of this section shall set forth the required findings as described in subdivision (a) of this section and shall constitute the final disposition of the destitute child proceeding. Notwithstanding any other provision of law, the court shall not issue an order of supervision nor may the court require the local department of social services to provide services to the parent, parents, caretaker or interested adult when granting custody or guardianship pursuant to article six of this act or guardianship under article seventeen of the surrogate's court procedure act under this section.", "(c) As part of the order granting custody or guardianship pursuant to article six of this act or guardianship pursuant to article seventeen of the surrogate's court procedure act, the court may require that the local department of social services and the attorney for the child receive notice of and be made parties to any subsequent proceeding to modify such order of custody or guardianship.", "(d) An order entered in accordance with this section shall conclude the court's jurisdiction over the proceeding held pursuant to this article and the court shall not maintain jurisdiction over the parties for the purposes of permanency hearings held pursuant to article ten-A of this act."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/1096", "from_official_api": true, "plain_english": "- **(a):** At the close of a § 1095 hearing, the court may grant custody/guardianship to a relative or suitable person under **Art. 6** or **SCPA Art. 17** if: **(1)** that person filed such a petition; **(2)** it's in the child's **best interests**; **(3)** it provides a **safe and permanent home**; and **(4) all parties consent** — **OR (5)** after a consolidated hearing: **(i)** if a **parent won't consent**, the court finds **extraordinary circumstances** supporting the grant; **(ii)** if the parent consents but a **non-parent party won't**, the court finds the grant is in the child's best interests. ★\n- **(b):** The order must set forth the required findings and is the **final disposition** of the destitute-child proceeding. The court **may not** order supervision or require DSS to provide services to the parent/caretaker/interested adult when granting custody/guardianship here.\n- **(c):** The court may require that DSS and the child's attorney get **notice of, and be made parties to,** any later proceeding to modify the custody/guardianship order.\n- **(d):** Such an order **ends the court's jurisdiction** over the Article 10-C proceeding; the court does **not** keep jurisdiction for Article 10-A permanency hearings. ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/1096", "publisher": "Elyphived LLC"}