New York > Statewide > Family Court > Guardianship And Termination Of Parental Rights
Petition For Appointment As Kinship Guardian And-Or Permanent Guardian 6-1-c - New York
| Petition For Appointment As 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.§§ 1701- 1707 Form 6-1-c [NOTE: This form should be used only by Petitioners (Petition for Appointment of Kinship seeking appointment as kinship guardians, who have Guardian [Subsidized Kinship Guardian fully executed agreements with the local social services district Program] and/or Permanent Guardian) under the NYS Subsidized Kinship Guardian Program] 4/2011 .................................................................. Proceedings for the Appointment of a Kinship guardian (Subsidized Kinship Guardian Program) Permanent Guardian of A Person Under the Age of 21 ................................................................. TO THE FAMILY COURT: Docket No. Family File No. PETITION FOR APPOINTMENT AS Kinship guardian [Subsidized Kinship Guardian Program] Permanent Guardian The Petitioner respectfully alleges to this Court that: 1. I am [specify relationship]: of the person under the age of 21 who is the subject of this petition and I am submitting this petition in order to be appointed [check one or both boxes]: Kinship Guardian in conjunction with the NYS Subsidized Kinship Guardian Program 1 Permanent Guardian.2 2. My name is [specify]: and I live at [specify name A " kinship guardian" under the NYS Subsidized Kinship Guardian Program may be appointed pursuant to Family Court Act §661 and Surrogate's Court Procedure Act §1707, if the Court finds: that the appointment is in the child's best interests, that the guardian and the local social services district have a fully executed agreement for payments in accordance with Title 10 of Article 6 of the Social Services Law and that the guardian has cared for the child as a fully certified or approved foster parent for at least six consecutive months prior to the application for the guardianship subsidy. Note that by executing the agreement with the prospective guardian, the social services district has indicated that it has determined the prospective guardian to be eligible for the Subsidized Kinship Guardian subsidy, contingent upon the Court's approval of the guardianship petition and issuance of letters of guardianship. The court must further determine that if the related proceeding was a child protective proceeding, the fact-finding and permanency hearings must have been completed., or, if the related proceeding was a voluntary foster care, PINS, juvenile delinquency or freed-child permanency proceeding, that a permanency hearing has been completed in such proceeding. Persons over the age of 18 must consent to the kinship guardian's appointment. If the application to the social services district for Subsidized Kinship Guardian payments was made after the child's 16th birthday and certain vocational or educational conditions are met, the payments may last until the person reaches the age of 21. A "permanent guardian" may be appointed, pursuant to Family Court Act §661(b) and Surrogate's Court Procedure Act §1702(2), if the Court finds that it is in the best interests of a person under the age of 21, who has been committed to an authorized agency through termination of parental rights or surrender or whose birth parents or other persons entitled to notice of, or to consent to, adoption are deceased. Persons over the age of 18 must consent to such an appointment, which may last until the person reaches the age of 21. A person may be appointed as both a permanent and a subsidized kinship guardian. 2 1 American LegalNet, Inc. www.FormsWorkFlow.com Form 6-1-c and complete address of residence]:3 Page 2 3. The name, date of birth and residence of the person under the age of 21 who is the subject of this proceeding are as follows: Name: Date of Birth: Complete address:4 4. The subject of this proceeding is is not a Native American child under the age of 18 who is subject to the Indian Child Welfare Act of 1978 (25 U.S.C. §§1901-1963). If so, the following have been notified [check applicable box(es)]: parent/custodian [specify name and give notification date]: tribe/nation [specify name and give notification date]: United States Secretary of the Interior [give notification date]: 5. The name and relationship of person with whom the subject of this proceeding resides are as follows: Person with whom subject resides [specify name]: Relationship to subject: Address [include street, city, village or town, county and state]:5 6. (Upon information and belief) The religion of the person who is the subject of this proceeding is [specify]: 7. (Upon information and belief) The names, relationship and post office addresses of the birth parents of the subject of the proceeding, the name and address of the person with whom the subject resides, if other than the parent(s), on whom process should issue; and such other persons concerning whom the court is required to have information, are as follows: [If either birth parent is dead or has surrendered or has had parental rights terminated (TPR), so allege; if both parents are dead, indicate nearest adult next of kin]: Relationship Name Complete Address Deceased? TPR? Surrender? Birth mother: Birth father: Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. See Family Court Act §154-b; Form 21 (available at www.nycourts.gov). Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. See Family Court Act §154-b; Form 21 (available at www.nycourts.gov). Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. See Family Court Act §154-b; Form 21 (available at www.nycourts.gov). 5 4 3 American LegalNet, Inc. www.FormsWorkFlow.com Form 6-1-c Person with whom the subject resides, if other than parents: Adult next of kin, if birth parents are dead: Other [specify]: 6 Page 3 8. (Upon information and belief) [check applicable box(es)]: a. Appointing me as the kinship guardian (in conjunction with the Subsidized Kinship Guardian Program) permanent guardian would be in [subject's name]: best interests and would preserve his/her legal rights because [specify facts regarding the suitability, ability and commitment of the proposed guardian to assume full legal responsibility and raise him/her to adulthood]: b. (i) In related proceedings regarding the above-named child [check applicable box]: [Applicable to related child protective
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