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Order On Application For Return Of Child Temporarily Removed From Home 10-5 - New York
| Order On Application For Return Of Child Temporarily Removed From Home Form. This is a New York form and can be used in Child Protective Family Court Statewide . |
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F.C.A §§ 1017, 1028 Form 10-5 (Child Protective-Order on Application for Return of Child Temporarily Removed from Home) 8/2010 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 _____________________________ In the Matter of CIN# (A) Child(ren) under the Age of Eighteen Years Alleged to be Abused Neglected by Respondent(s) _____________________________ NOTICE: Docket No. ORDER ON APPLICATION FOR RETURN OF CHILD TEMPORARILY REMOVED FROM HOME IF YOUR CHILD STAYS IN FOSTER CARE FOR 15 OF THE MOST RECENT 22 MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO TERMINATE YOUR PARENTAL RIGHTS AND MAY FILE BEFORE THE END OF THE 15-MONTH PERIOD. IF SEVERE OR REPEATED ABUSE IS PROVEN BY CLEAR AND CONVINCING EVIDENCE, THIS FINDING MAY CONSTITUTE THE BASIS TO TERMINATE YOUR PARENTAL RIGHTS. IF THE PETITION IS GRANTED, YOU MAY LOSE YOUR RIGHTS TO YOUR CHILD AND YOUR CHILD MAY BE ADOPTED WITHOUT YOUR CONSENT. THE NEXT COURT DATE IS [specify date/time]: THE PERMANENCY HEARING SHALL BE HELD ON [specify date/time]:1 An application having been made pursuant to Family Court Act §1028 for an order returning the child(ren) to the place of residence of such child(ren) by [specify]: , Specify a date certain not more than eight months from the date of removal. If the child has a sibling or half-sibling removed from the home, whose permanency hearing is scheduled before this Court, the date certain shall be the same as the date certain for the sibling's or half-sibling's permanency hearing, unless the sibling or half-sibling was removed on a juvenile delinquency or PINS petition or unless he or she has been freed for adoption. If the child is finally discharged from care on the scheduled date, the permanency hearing shall be cancelled. American LegalNet, Inc. www.FormsWorkFlow.com 1 Form 10-5 Page 2 who (is)(are) the [specify]: parent(s); person(s) legally responsible for the child(ren); attorney for the subject child(ren); And the child (ren) having been removed prior to this hearing pursuant to Family Court Act [check applicable box(es)]: §1021 §1022 §1024 §1027; And a hearing having been held by this Court pursuant to Family Court Act § 1028; and the following person(s) having appeared to determine whether the child(ren) should be returned pending a final order of disposition [specify; check applicable boxes]: Respondent [specify]: with counsel without counsel waived representation by counsel Respondent [specify]: with counsel without counsel waived representation by counsel Other [specify]: Attorney for the child(ren) Petitioner [Required in cases involving Native-American children; check if applicable ]: And the following having been duly notified [check applicable box(es)]: parent/custodian tribe/nation United States Secretary of the Interior; And the tribe/nation having: appeared and participated as a party; appeared and declined to assume jurisdiction; appeared and requested transfer of jurisdiction; not appeared; The Court finds and determines that [Note: judicial findings must be made under I, and, if application for return of child temporarily removed is DENIED, also under II and III ]: I. Criteria for Return or Continued Temporary Removal of Child(ren) [check applicable box]: The child(ren) should be returned home because no imminent risk to the child(ren)'s life or health has been demonstrated. OR Continued temporary removal of the child(ren) is necessary to avoid imminent risk to the child(ren)'s life or health. II. Required "Best Interests" and "Reasonable Efforts" Findings [check applicable boxes and provide case-specific reasons in both A and B, below]: A. Continuation of the child(ren) in, or return of the child(ren) to, the child(ren)'s home would would not be contrary to the best interests of the child(ren) because [specify facts and reasons]: This determination is based upon the following information [check applicable box(es)]: G Petition G Report of Suspected Child Abuse or Neglect G Case Record, dated [specify]: G Service Plan, dated [specify]: G The report of [specify]: , dated [specify]: G Testimony of [specify]: G Other [specify]: American LegalNet, Inc. www.FormsWorkFlow.com Form 10-5 Page 3 B. Reasonable efforts, where appropriate, to prevent or eliminate the need for removal of the child(ren) from the home, and, if the child(ren) were removed prior to the date of this hearing, to return them home safely [check applicable box and state reasons as indicated]: G were made as follows [specify]: G were not made but the lack of efforts was appropriate [check all applicable boxes]: G because of a prior judicial finding pursuant to F.C.A. §1039-b that the Petitioner was not required to make reasonable efforts to reunify the child(ren) with the Respondent(s) [specify date of finding]: G because of other reasons [specify]: G were not made. This determination is based upon the following information [check applicable box(es)]: G Petition G Report of Suspected Child Abuse or Neglect G Case Record, dated [specify]: G Service Plan, dated [specify]: G The report of [specify]: , dated [specify]: G Testimony of [specify]: G Other [specify]: III. Findings Regarding Alternatives to Removal to Foster Care: A. Based upon the investigation conducted by the Commissioner of Social Service, [Check applicable box(es]: The following person [specify]: is a non-respondent parent relative suitable person with whom the child(ren) may appropriately reside [specify]: [Applicable to relatives and other suitable persons]: Such person: seeks approval as a foster parent in order to provide care for the child(ren); wishes to provide care and custody for the child(ren) without foster care subsidy at this time. may be a resource but not yet determined whether as foster parent or custodian. There is no non-respondent parent, relative or suitable person with whom the child(ren) may appropriately reside. B. [Required]: Imminent risk to the child(ren) would would not be eliminated by the issuance of a temporary order of protection or order of protection directing the removal of [specify]: from the child(ren)'s residence;. NOW, therefore, it is [ check applicable box(es)]: ORDERED that the application for the return of the children is hereby GRANTED, and [specify]: , a duly authorized agency is directed to return the above- named child(ren) to the Respondent(s). American LegalNet, Inc. OR www.FormsWorkFlow.com Form 10-5 Page 4
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