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Order Appointing Kinship Guardian And-Or Permanent Guardian 6-5-a - New York
| Order Appointing Kinship Guardian And-Or Permanent Guardian Form. This is a New York form and can be used in Guardianship And Termination Of Parental Rights Family Court Statewide . |
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F.C.A §§ 661; 1089-a; S.C.P.A.§§ 1706, 1707 [NOTE: This form should be used only for appointment of guardians in conjunction with the NYS Subsidized Kinship Guardian Program] Form 6-5-a (Order Appointing Kinship Guardian [Subsidized Kinship Guardian Program] and/or Permanent Guardian) 4/2011 At a term of the Family Court of the State of New York, held in and for the County of , at New York, on . P R E S E N T: Hon. Judge ____________________________________________ Proceedings for the Appointment of a Docket No. Kinship Guardian (Subsidized Kinship Guardian Program) Family File No. Permanent Guardian of ORDER APPOINTING Kinship Guardian (Subsidized Kinship Guardian Program) Permanent Guardian a Person Under the Age of 21 ____________________________________________ Upon reading and filing the petition, duly verified on , , applying for the appointment of the kinship guardian of the above-named person under the age of 21 in conjunction with the Subsidized Kinship Guardian Program and/or permanent guardian of the above-named person under the age of 21; [Check applicable box(es)]: And where the subject of the petition is 18 years of age or older, he/she having consented to the appointment of the guardian; And where the subject of the petition is over 14 but less than 18 years of age, the child having been consulted and having [check one]: expressed a preference for the appointment of the guardian; expressed no preference; opposed the appointment of the guardian; And this Court having determined that the best interests of the subject of the petition will be promoted by the appointment of a [check one or both boxes]: kinship guardian of the above-named person under the age of 21, who has been deemed by the following social services district [specify]: to be eligible for the Subsidized Kinship Guardian Program, and/or permanent guardian of the above-named person under the age of 21, and that [specify guardian]: is in all respects competent to act as such guardian and to raise the above-named person to adulthood; [Applicable to cases where the hearing was held jointly with the child protective dispositional or permanency hearing, pursuant to F.C.A. §§1055-b or 1089-a; delete if inapplicable]: American LegalNet, Inc. www.FormsWorkFlow.com Form 6-5-a Page 2 And this Court, having convened the hearing on this petition jointly with the dispositional or permanency hearing, finds that: : 1. Termination of the order placing or remanding the child(ren) pursuant to Article 10 or 10A of the Family Court Act will will not not jeopardize the child(ren)'s safety and is is not in the best interests of the child(ren); and 2. The child(ren)'s birth mother has has not consented to the award of guardianship to the Petitioner. If not, the following extraordinary circumstances support Petitioner's standing to seek guardianship of the child(ren) [specify]: 3. The child's legally-established birth father has has not consented to the award of guardianship to the Petitioner. If not, the following extraordinary circumstances support Petitioner's standing to seek guardianship of the child(ren) [specify]: [Applicable to all applications for appointment of a guardian in conjunction with the Subsidized Kinship Guardian program]: And this Court, having determined that it would would not be in the best interests of the above-named child for Petitioner to be appointed as a kinship guardian in conjunction with the Subsidized Kinship Guardian Program, finds that [check all applicable boxes]: 1. In related proceedings regarding the above-named child [check applicable box]: [Applicable to related child protective proceedings]: Fact-finding and permanency hearing have been completed pursuant to Family Court Act §§1051 and 1089; [Applicable to voluntary foster care, juvenile delinquency, PINS and freed-child proceedings]: A permanency hearing has been completed pursuant to Family Court Act §§355.5, 756a or 1089; and 2. Petitioner is related to the child through blood, marriage, or adoption and has been caring for the child as a fully certified or approved foster parent for at least six consecutive months prior to applying to the local social services district for kinship guardianship assistance payments; and 3. The local social services district has determined that Petitioner is eligible to serve as a kinship guardian under the Subsidized Kinship Guardian Program and has signed an agreement with the Petitioner to provide kinship guardianship assistance payments for the child to the relative under title ten of article six of the social services law; and. 4 Referral for legal guardianship by the Petitioner is an appropriate permanency goal for the child in light of the child's strong attachment to the Petitioner and Petitioner's strong commitment to permanently caring for the child; and. 5. The following compelling reasons exist for determining that neither return home nor adoption of the child are in the best interests of the child and are, therefore, not appropriate permanency options for the child [specify]: IT IS HEREBY ORDERED that [specify guardian]: , upon taking the official oath and filing the designation as required by law, is appointed [check applicable American LegalNet, Inc. www.FormsWorkFlow.com Form 6-5-a Page 3 box(es)]: kinship guardian (Subsidized Kinship Guardian Program) permanent guardian of [specify name of subject of the petition]: terms and conditions [specify]: upon the following and that Letters of Guardianship shall issue to the Guardian accordingly; and it is further ORDERED that, unless terminated by the Court, the appointment shall last until the subject's [check applicable box]: 18th birthday, unless the Court approves an application for an extension of the appointment until the age of 21 upon the consent of the subject if the subject is over 18; OR 21st birthday, since the subject is over 18 and has consented to the appointment until he/she reaches the age of 21;1 [Applicable to all cases in which kinship guardianship under the Subsidized Kinship Guardian program is ordered; delete if inapplicable]: ORDERED that the following local department of social services [specify]: and the following attorney for the child [specify]: shall receive notice of, and be made parties to, any such subsequent proceedings regarding custody or guardianship of the child. [Applicable to all cases where hearing was held jointly with child protective dispositional or permanency hearing, pursuant to F.C.A. §§1055-b
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