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Order Violation Of Order Of Probation Or Conditional Discharge 3-41 - New York
| Order Violation Of Order Of Probation Or Conditional Discharge Form. This is a New York form and can be used in Juvenile Delinquency Family Court Statewide . |
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F.C.A. §§360.2, 360.3 Form 3-41 (Juvenile Delinquency - Order on Violation of Probation or Conditional Discharge) 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 ,. PRESENT: Hon. Judge __________________________________ In the Matter of A Person Alleged to be a Juvenile Delinquent, Docket No. ORDER (Violation of Order of Probation or Conditional Discharge) Respondent. ___________________________________ The above-named Respondent having been adjudicated by this Court to be a juvenile delinquent within the meaning of Article 3 of the Family Court Act; and an Order of Disposition, dated , , having been made herein whereby Respondent was [check applicable box]: placed on probation Q conditionally discharged, upon certain terms and conditions; And the Presentment Agency having appeared, And the Respondent having appeared not appeared, And Counsel for the Respondent having appeared not appeared, And the Respondent having had an opportunity to be heard; The Court, after hearing, being satisfied by competent proof that the Respondent, [check applicable box]: did did not willfully and without just cause fail to comply with the terms and conditions in that: [specify provisions of order violated and nature of violations]: [Required where Order of Disposition is revoked]: And the Court, having determined that the Order of Disposition should be revoked and having fully considered the matter of a new disposition pursuant to Family Court Act §§ 352.2 and 360.3, determines that the Respondent requires the following disposition for the following reasons [specify]: American LegalNet, Inc. www.FormsWorkFlow.com Form 3-41 Page 2 Required Findings in Cases in Which the Respondent is Placed [The following determinations are required when Respondent is placed pursuant to F.C.A. §353.3; check applicable boxes and provide case-specific reasons]: The Court finds and determines that: A. Best Interests Finding: Continuation in or return to the Respondent's home Q would Q would not be contrary to Respondent's best interests based upon the following facts and for the following reasons [specify]: This determination is based upon the following information [check applicable box(es)]: 9 Uniform Case Review, dated [specify]: 9 Summary of the Uniform Case Record, dated [specify]: 9 Service Plan, dated [specify]: 9 Probation Department report, dated [specify]: 9 Mental health evaluation, dated [specify]: 9 The report of [specify]: , dated [specify]: 9 Testimony of [specify]: 9 Other [specify]: B. Reasonable Efforts Findings: 1. Reasonable efforts, where appropriate and consistent with the need for protection of the community, to prevent or eliminate the need for removal of Respondent from the home, and, if the Respondent was removed prior to the date of the dispositional hearing regarding the violation, to return Respondent safely to his or her home: Q were made as follows [specify]: Q were not made but the lack of efforts was appropriate [check all applicable boxes]: Q because of a prior judicial finding pursuant to Family Court Act §352.2(2)(c)that the authorized agency was not required to make reasonable efforts to reunify the Respondent with the Q parent(s) Q guardian(s) [specify date of finding]: Q because of other reasons [specify]: Q were not made. This determination is based upon the following information [check applicable box(es)]: 9 The Permanency Petition, dated [specify]: 9 Uniform Case Review, dated [specify]: 9 Summary of the Uniform Case Record, dated [specify]: 9 Service Plan, dated [specify]: 9 Probation Department report, dated [specify]: 9 Mental health evaluation, dated [specify]: 9 The report of [specify]: , dated [specify]: American LegalNet, Inc. www.FormsWorkFlow.com Form 3-41 Page 3 9 Testimony of [specify]: 9 Other [specify]: 2. [Applicable in cases in which the Respondent's permanency plan is adoption, guardianship or permanent living arrangement other than reunification]: Reasonable efforts to make and finalize the permanency plan of [specify]: Q were made as follows [specify]: Q were not made based upon the following facts and for the following reasons [specify; if lack of efforts was reasonable, so indicate]: This determination was based upon the following information [check applicable box(es)]: 9 The Permanency Petition, dated [specify]: 9 Uniform Case Review, dated [specify]: 9 Summary of the Uniform Case Record, dated [specify]: 9 Service Plan, dated [specify]: 9 Probation Department report, dated [specify]: 9 Mental health evaluation, dated [specify]: 9 The report of [specify]: , dated [specify]: 9 Testimony of [specify]: 9 Other [specify]: C. Findings Regarding Transitional Services and Out-of-State Placements: [Required where Respondent is 16 years of age and older]: The services, if any, needed to assist the Respondent to make the transition from foster care to independent living are [specify]: [Required where the Respondent is placed outside New York State]: Placement outside New York State is is not appropriate and in the Respondent's best interests; NOW, therefore, it is hereby ORDERED, that the Order of Disposition is vacated continued ; (and it is further) ORDERED that [check applicable boxes]: Q Respondent is discharged with a warning. Q Respondent is conditionally discharged for a period of [specify]: the following terms and conditions: months upon Q Respondent is placed on probation under the supervision of the Probation Department of the County of [specify]: for a period of [specify]: upon the American LegalNet, Inc. www.FormsWorkFlow.com Form 3-41 Page 4 following terms and conditions:1 The probation service shall report to the court Q orally Q in writing on [specify date]: and every ___ days thereafter concerning Respondent's compliance with the terms and conditions of this order. Q This proceeding is continued and the Respondent is placed for a period of [specify]: (less the period spent in detention pending disposition)2 in the custody of [specify suitable relative or other person]: , subject to the further orders of this Court. Q This proceeding is continued and Respondent is placed for a period of [specify period up to 12 months]: (less the period spent in detention pending disposition,)3 in the custody of the Commissioner of Social Services of the County of [specify]: . Q The position of the Commissioner of Social Services of the County of [specify]: having been considered by the Court, this proce
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