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What is a Trial Discharge? NY Family Law

A trial discharge, when applied to children generally, means that a child may go live with her parents, but even though the child may physically live with her parents, the child remains in the legal care and custody of social services.

A trial discharge, when applied to a child aging out of foster care, means that a child may be physically living out of the foster home, but the child remains in the legal care and custody or guardianship of social services.


Find it in the New York Consolidated Laws:

“For the purposes of this section, trial discharge shall mean that the child is physically returned to the parent while the child remains in the care and custody of the local social services district.” Family Court Act § 1089(d)(2)(viii)(C).

“Trial discharge for a child aging out of foster care shall mean that a child is physically discharged but the local social services district retains care and custody or custody and guardianship of the child . . . .” Family Court Act § 1089(d)(2)(viii)(C).