Family Court Act 1015-A
Family Court Act 1015-a provides authority for the Family Court to order a social services official to provide or arrange for the provision of services or assistance to the child and his or her family to facilitate the protection of the child, the rehabilitation of the family and, as appropriate, the discharge of the child from foster care.
Such order shall not include the provision of any service or assistance to the child and his or her family which is not authorized or required to be made available pursuant to the comprehensive annual services program plan then in effect.
This section, added to the Family Court Act in 1987 (L 1987, ch 760), "authorizes the court to order social services officials to provide or arrange for needed services" (Besharov, Practice Commentaries, McKinney's Cons Laws of NY, Book 29A, Family Ct Act 1015-a, at 453).
The order may not include services or other assistance unless they are found in the agency's comprehensive annual services program plan (Brian L. v. Administration for Children's Services, 51 AD3d 488, 859 N.Y.S.2d 8 [1st Dept 2008] [order directing the Commissioner to arrange for foster child's sex reassignment surgery was reversed since Family Court Act 255 did not permit the court to order the Commissioner to arrange for the child to receive specific medical or surgical care, and while Family Court Act 1015-a provides the court with discretion to order social services officials to provide services for children, the Family Court cannot order officials to provide services not authorized or required by the comprehensive annual services program plan then in effect, and this surgical procedure fell outside the scope of the plan]).