New York > Statewide > Family Court > Child Protective
Order Of Fact Finding And Disposition And Permanency Hearing 10-10 - New York
| Order Of Fact Finding And Disposition And Permanency Hearing Form. This is a New York form and can be used in Child Protective Family Court Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
F.C.A. §§1017, 1033-b, 1040, 1044, 1046, 1051, 1052, 1053, 1054, 1055, 1057, 1059, 1089 Form 10-10 (Child Protective Order of Fact-finding, Disposition and Permanency Hearing) 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 Eighteen Years of Age Alleged to be Abused Neglected by Docket No. ORDER OF FACT-FINDING AND DISPOSITION (AND PERMANENCY HEARING) Abuse Neglect Severe Abuse Repeated Abuse Respondent(s) ........................................................................ NOTICE: WILLFUL FAILURE TO OBEY THE TERMS AND CONDITIONS OF THIS ORDER MAY RESULT IN COMMITMENT TO JAIL FOR A TERM NOT TO EXCEED SIX MONTHS. 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 NEXT PERMANENCY HEARING SHALL BE HELD ON [SPECIFY DATE/TIME]:1 If a combined dispositional/permanency hearing was held and the child has been placed, specify a date certain not more than six months from the completion of the hearing. If solely a dispositional hearing was held, specify a date, in most cases the previously-scheduled date, not more than eight months from date of removal of child from home. No date needs to be set if : (I) the petition is dismissed; or (ii) the child has not been removed from home; or (iii) has been finally discharged from care; or (iv) custody or guardianship was ordered pursuant to Family Court Act Article 6. If the child has been placed and 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. American LegalNet, Inc. www.FormsWorkFlow.com 1 Form 10-10 Page 2 The petition of [specify]: under Article 10 of the Family Court Act, sworn to on [specify date]: , having been filed in this Court alleging that the above-named Respondent(s) [check applicable box(es)]: neglected abused severely abused repeatedly abused the above-named child(ren); and Notice having been duly given to the Respondent(s) pursuant to section 1036 or 1037 of the Family Court Act; and [Include separate paragraphs for each Respondent, as necessary]: Respondent [specify]: having: appeared with counsel without counsel waived counsel not appeared ; not appeared after service not appeared but service could not be made after every reasonable effort had been made to effect service not appeared but counsel appeared; Respondent [specify]: having: appeared with counsel without counsel waived counsel not appeared ; not appeared after service not appeared but service could not be made after every reasonable effort had been made to effect service not appeared but counsel appeared; And Respondent [specify]: having: voluntarily, intelligently and knowingly admitted in open court that (s)he committed the following act(s) [specify]: denied the allegations of the petition and the matter having duly come on for a factfinding hearing before this Court ; failed to appear and the matter having duly come on for a fact- finding hearing by inquest before this Court ; voluntarily, intelligently and knowingly consented to the entry of an order of fact- finding without admission pursuant to Family Court Act §1051(a), and the Petitioner, Child's attorney and all other parties having consented to the entry of such order of fact-finding as well; And Respondent [specify]: having: voluntarily, intelligently and knowingly admitted in open court that (s)he committed the following act(s) [specify]: denied the allegations of the petition and the matter having duly come on for a fact-finding hearing before this Court ; failed to appear and the matter having duly come on for a fact- finding hearing by inquest before this Court ; voluntarily, intelligently and knowingly consented to the entry of an order of factfinding without admission pursuant to Family Court Act §1051(a), and the Petitioner, Child's attorney and all other parties having consented to the entry of such order of factfinding as well; And where the parent(s )of the above-named child(ren) are not the Respondent(s), American LegalNet, Inc. www.FormsWorkFlow.com Form 10-10 the parent(s) were: present at the hearing and participated as interested party-intervenor(s); served with a copy of the petition but did not appear; were not served with a copy of the petition and did not appear; although: every reasonable effort had been made to effect service; Page 3 And the child(ren) having been represented by (an) attorney(s); And the following other interested party-intervenors were present and participated in the hearing [specify name(s) and relationship(s) to child(ren)]: [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; And the Court, after [check box] hearing the proof and testimony offered in relation to the case; OR accepting the consent of the Respondent, Petitioner and Child's attorney to the entry of an order of finding without admission, pursuant to Family Court Act §1051(a); OR accepting the admission by Respondent [specify]: ; and having found [check applicable box(es) and specify act(s) of child abuse and/or neglect found, if any]: by a preponderance of the evidence that Respondent [specify]: committed the following acts constituting child neglect child abuse [specify act(s), including name(s) of the child(ren), the Penal Law section, if applicable, and grounds for d
|
|||||||
