Fill and Sign the 22c 7542b 1039 B Form

F.C.A. §§ 352.2(2)(c); 754(2)(b); 1039-b;General Form GF-371052(b)(i)(A); S.S.L. §§ 358-a(3)(b) (Order on Motion for Order that Reasonable Efforts Are Not Required) (8/2010)At a term of the Family Court of the State of New York, held in and for the County of ,at New YorkonP R E S E N T: HON. Judge...................................................................................In the Matter of Docket No.CIN #A Child Alleged to beORDER ON MOTIONGAbused GNeglected GVoluntarily Placed in Foster Care FOR ORDER THAT REASONABLE GJuvenile Delinquent GPerson in Need of SupervisionEFFORTS ARE NOT REQUIRED...................................................................................NOTICE: IF YOUR CHILD IS PLACED IN FOSTER CARE, YOU MAY LOSE YOUR RIGHTSTO YOUR CHILD AND YOUR CHILD MAY BE ADOPTED WITHOUT YOURCONSENT. IF YOUR CHILD STAYS IN FOSTER CARE FOR 15 OF THE MOST RECENT 22MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TOTERMINATE YOUR PARENTAL RIGHTS AND MAY FILE BEFORE THE END OF THE15-MONTH PERIOD. IF SEVERE OR REPEATED ABUSE IS PROVEN BY CLEAR AND CONVINCINGEVIDENCE, THIS FINDING MAY CONSTITUTE THE BASIS TO TERMINATE YOURPARENTAL RIGHTS. THE NEXT COURT DATE IS [specify date certain]:THE PERMANENCY HEARING WILL BE HELD ON [specify date certain]:1A motion having been filed with this Court on [specify date]: , If this Order grants a motion to dispense with reasonable efforts, the permanency hearing must be held 1within 30 days of the earlier of the oral decision or this Order. If the Order denies the motion, the permanencyhearing must be held as previously scheduled up to eight months from initial removal of the child or up to every sixmonths thereafter; provided, however, that if the child has been placed and the child has a sibling or half-siblingremoved from the home, whose permanency hearing is scheduled before this Court, the date certain shall be thesame as the date certain for the sibling’s or half-sibling’s permanency hearing, unless the sibling or half-sibling wasremoved on a juvenile delinquency or PINS petition or unless he or she has been freed for adoption. General Form GF-37 Page 2requesting an order that reasonable efforts are not required to reunify the following parent(s)[specify]: with the above-named child(ren), and the Petitioner, having appearedwith counsel and the parent(s) having Gappeared Gnot appeared, and counsel for the parent(s) havingGappeared Gnot appeared, and the attorney for the child having Gappeared Gnot appeared, This Court, upon examination of the motion papers and supporting affidavit(s); and [checkbox if applicable]: G upon hearing testimony in relation thereto finds the following [check applicablebox(es)]:G a. The following parent(s)[specify]: subjected the followingchild(ren)[specify]: to the following “aggravated circumstances:” G 1). a) On [specify date]: , there was a finding by clear and convincing evidenceby Gthis Court GOther Court [specify]: that the following parent(s) [specify]: committed G severe G repeated child abuse against the child(ren); b) On [specify date], the following parent(s)[specify]: was/were criminally convicted in [specify Court and jurisdiction]: of the following crime constituting “severe abuse,” as defined by Social Services Law §384-b(8) [specify]: G 2). On [specify date]: , there was a finding by Gthis Court GOther Court[specify]: that the child(ren) was/were abused by the following parent(s)[specify]: , as defined in paragraph G(i) G(iii) of subdivision (e) of section 1012 ofthe Family Court Act, within five years after the child(ren)’s return home following placement in foster careas a result of a finding on [specify date]: by Gthis Court GOther Court [specify]: that the child(ren) had been neglected, as defined in subdivision (f) of section 1012 of the Family CourtAct, by the above-named parent(s). G 3). On [specify date]: , there was a finding by Gthis Court GOther Court[specify]: by clear and convincing evidence that the following parent(s)[specify]: has/have refused and has/have failed completely for the following period[specify dates of period in excess of six months from date of child(ren)’s removal from home]: to engage in the following services necessary to eliminate the risk of abuse or neglect to the child(ren) ifreturned home [specify]: The Court also found that this failure was not justified by lack of child care, lack of transportation, conflictwith work schedule or other adequate justification and that such parent(s) failed to arrange alternateservices independently. On [specify date]: , after being warned by the Court that such anadmission might result in an order that reunification services are not required, such parent(s) stated underoath in Gthis Court GOther Court [specify]: that G he Gshe Gthey intend(s) to continue torefuse such services and is/are unwilling to arrange services independently. G 4). On [specify date]: , there was a finding by Gthis Court GOther Court[specify]: that the child(ren) was/were abandoned at the age of five days oryounger by the following parent(s)[specify]: with an intent to wholly abandon such child(ren) and with the intent that the child(ren) be safe from General Form GF-37 Page 3physical injury and cared for in an appropriate manner. G 5). On [specify date]: , there was a finding by Gthis Court GOther Court[specify]: involuntarily terminating the parental rights of the following parent(s)[specify]: to the following sibling or half-sibling of the child(ren)[specify]:NOW, after examination and inquiry into the facts and circumstances [check box ifapplicable]: Gand after hearing the proof and testimony offered in relation thereto, it is therefore[Check applicable box(es)]:G ORDERED, that the Petitioner’s motion is DENIED, that Petitioner shall continue to providereasonable efforts to reunify the following parent(s)[specify]:with the child(ren) because:“the proof is sufficient that aggravated circumstances or other factors exist, but reasonableefforts would nonetheless be in the best interests of the child(ren), are not contrary to the health and safetyof the child(ren) and would likely result in the reunification of such parent(s) with the child(ren) in theforeseeable future.“the proof is insufficient that aggravated circumstances or other factors exist warranting anorder that reasonable efforts are not required to reunify such parent(s) with the child(ren). ORG ORDERED, that the Petitioner’s motion is GRANTED, that reasonable efforts are not required tobe made to reunify the following parent(s)[specify]: with the child(ren), that a permanency hearing shall be held on [specify date certain within 30 days of theearlier of this Order or oral decision]: , and that Petitioner shall provide “ notice “ a permanency hearing report by [specify date]: (and it is further)G ORDERED, thatENTER Judge of the Family CourtDated: , PURSUANT TO § 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THISORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BYAPPELLANT IN COURT, 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEYFOR THE CHILD UPON THE APPELLANT OR 35 DAYS FROM THE DATE OFMAILING OF THE ORDER TO THE APPELLANT BY THE CLERK OF THE COURT,WHICHEVER IS EARLIEST.Check applicable box:“ Order mailed on [specify date(s) and to whom mailed]: “ Order received in court on [specify date(s) and to whom given]: