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Findings Of Fact Conclusions Of Law And Order Of Disposition (Parents Mental Illness-Retardation) TPR-9 - New York
| Findings Of Fact Conclusions Of Law And Order Of Disposition (Parents Mental Illness-Retardation) 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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Soc. Serv. Law §§ 384-b; F.C.A. §1089 Form TPR-9 (Findings of Fact, Conclusions of Law and Order of Disposition Parents' Mental llness or Mental Retardation) (9/2006) 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 the Commitment of Guardianship and Custody pursuant to section 384-b of the Social Services Law of Docket No. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DISPOSITION (Parents' Mental Illness or Mental Retardation) CIN # A Child under the Age of Eighteen Years, alleged to be the Child of Mentally Ill or Mentally Retarded Parent(s) ____________________________________ THE NEXT PERMANENCY HEARING SHALL BE HELD ON [specify date/time]:1 A Petition under Section 384-b of the Social Services Law, dated [specify]: , having been filed in this Court alleging that [specify]: is a child whose parent(s) (is)(are) unable to provide proper care by reason of such parent(s)' [check applicable box]: mental illness mental retardation; and summonses having been issued and duly served upon and notice having been duly given to all proper parties hereto, and Respondent [specify]: having appeared with counsel without counsel waived counsel not appeared [check box if applicable]: and a guardian ad litem having appeared for the Respondent; Respondent [specify]: having appeared with counsel without counsel waived counsel not appeared; [check box if applicable]: and a guardian ad litem having appeared for the Respondent; Respondent [specify]: 1 having: Respondent is NOT a party to the permanency hearing if his or her rights have been terminated. Unless the petition is dismissed or the child is returned home, the permanency hearing must be scheduled for a date certain within 30 days of the earlier of this Court's announcement of its decision or issuance of this Order. The next permanency hearing must be scheduled for a date certain not more than six months after the completion of the American LegalNet, Inc. permanency hearing. www.FormsWorkflow.com Form TPR-9 Page 2 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 ; 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; And the child having been represented by a law guardian; [Required in cases involving Native-American children; check if applicable]: And the following having been duly notified [check applicable box(es)]: parent/custodian2 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 matter having duly come on for a fact-finding hearing , the Court, after [check box] hearing the proofs and testimony offered in relation to the case, including [check box]: a physician and a certified psychologist a psychiatrist; accepting the admission by Respondent(s) [specify]: The Court finds that the allegations of mental illness mental retardation are are not supported by clear and convincing evidence, and the Court further makes the following findings of fact by clear and convincing evidence and comes to the following conclusions of law: FINDINGS OF FACT [insert] CONCLUSIONS OF LAW [insert] The matter having duly come on for a dispositional hearing, and Respondent [specify]: having appeared with counsel without counsel waived counsel not appeared; [check box if applicable]: and a guardian ad litem having appeared for the Respondent; 2 Notice to parent is not required if parental rights were terminated. American LegalNet, Inc. www.FormsWorkflow.com Form TPR-9 Page 3 Respondent [specify]: having appeared with counsel without counsel waived counsel not appeared; [check box if applicable]: and a guardian ad litem having appeared for the Respondent; before this Court for the dispositional hearing [check box if applicable]: and permanency hearing; and [Applicable in cases where guardianship and custody are committed to an authorized agency]: The Court having determined that the following individual(s) would be entitled to notice of an adoption pursuant to Domestic Relations Law §111-a [specify name(s)]: And the Court having determined that such person(s) had had not been provided with notice of the proceeding and that such person(s) had had not appeared; [Required if child in out-of-home care is or by the next permanency hearing will be 14 years of age or older]: The services needed, if any, to assist the child to make the transition from foster care to independent living are [specify]: [Required if placement of the child outside New York State is continued ]: Placement outside New York State Q is Q is not appropriate, necessary and in the child's best interests; [Required if Child is Over 18]: The child has has not consented to remain in care; [Required if Child is Over 14]: The above-named child, who was born on [specify]: has consented to adoption by [specify]: has withheld consent to adoption by [specify]: for the following reasons [specify, including information furnished by the law guardian and/or child]: The Court having made examination and inquiry into the facts and circumstances of the case and into the surroundings, conditions and capacities of the persons involved in this proceeding, finds, that the best interests of the child require the disposition made below; NOW, therefore, it is ORDERED AND ADJUDGED that [specify]: is a child whose parent(s) cannot provide proper care by reason of mental illness mental retardation as defined in subdivision six of section 384-b of the Social Services Law; and it is [Check applicable box(es)]: ORDERED that the guardianship and custody rights of [specify]: are transferred to [specify]: , an authorized agency foster parent(s); and such guardianship and custody of the child are com
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