Fill and Sign the 5 712h 756 a 1052 Form

This order form should be used for permanency hearings that do not coincide with hearings 1regarding extensions of placement or reviews of foster care, i.e.,: i) cases in which an order was issuedthat reasonable efforts are not required to reunify the child with the parent or guardian, thus requiring apermanency hearing within 30 days; and ii) juvenile delinquency cases in which the juvenile was placedfor 18 months, but where the deadline for completion of the permanency hearing was earlier. The petition must be filed at least 60 days prior to the date by which the hearing must be 2completed. See Uniform Rules of the Family Court, 22 N.Y.C.R.R. §205.17(b).F.C.A. §§301.2, 352.2, 355.5, 712(h), 756-a, 1052, General Form GF - 351055; S.S.L. §§358-a, 392. (Order - Permanency Hearing) 1 10/2004 At a term of the Family Court of theState of New York, held in and forthe County of ,at , New York, on .P R E S E N T: HON. Judge....................................................................................In the Matter of Docket No.A Child Alleged to be (Abused) (Neglected) (Juvenile Delinquent) ( Person in Need ofPERMANENCY HEARING Supervision) (Voluntarily Placed in FosterORDER Care).......................................................................................NOTICE:PLACEMENT OF YOUR CHILD IN FOSTER CARE MAY RESULT IN YOURLOSS OF YOUR RIGHTS TO YOUR CHILD. IF YOUR CHILD STAYS INFOSTER CARE FOR 15 OF THE MOST RECENT 22 MONTHS, THE AGENCYMAY BE REQUIRED BY LAW TO FILE A PETITION TO TERMINATE YOURPARENTAL RIGHTS AND MAY FILE BEFORE THE END OF THE 15-MONTHPERIOD. DEADLINE: IF THE CHILD REMAINS IN FOSTER CARE, A PETITION FOR THE NEXT PERMANENCY HEARING MUST BE FILED NOT LATER THAN [SPECIFY]: 2________________________________ .The petition of , for a permanency hearing under “Article of the Family Court Act “ Section of the Social Services Law, swornto on [specify date]: , having been filed in this Court; GF-35 Page 2 In child protective cases, include Respondent(s) other than parents or guardians already named. 3In juvenile delinquency and persons in need of supervision cases, indicate child.And notice having been given to the following person(s), [specify; check applicable boxes]:“ Parent(s)[specify]: “ Guardian(s)[specify]:“ Other person(s) legally responsible [specify]: “ Respondent [specify]: 3“ Law Guardian for Child “ Prospective adoptive parent(s)[specify]: “ Foster parent(s) caring for child [specify]: “ Relative(s) caring for child [specify]: “ Petitioner (Authorized Agency Caring for Child) “ Other [specify]: And the matter having duly come on to be heard, and the above-named persons appearinghaving been given notice and an opportunity to be heard, and the position and information provided bythe [check applicable box(es)]: “ NYS Office of Children and Family Services “ local department ofsocial services having been considered by the Court;The Court, after having made an examination and inquiry into the facts and circumstances ofthe case and into the surroundings, conditions, and capacities of the persons involved, finds anddetermines the following [Note: where foster care placement is continued, judicial findings must bemade pursuant to I and II and, where applicable, III, below]: I. Required “Best Interests” and “Reasonable Efforts” Findings [check applicable boxes andprovide case-specific reasons in both A and B below]: A. “Best Interests” Finding: Return to the child's home would be contrary to the best interests ofthe child because [specify facts and reasons]:This determination was based upon the following information [check applicable box(es)]:9 The Permanency Petition, dated [specify]:9 Uniform Case Record, dated [specify]:9 Case Record, 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. [Required in cases in which the goal is reunification]: Reasonable efforts, whereappropriate, to return the child home safely [check applicable box and state reasons as indicated]: GF-35 Page 3Q were made as follows [specify reasonable efforts, including specific documents or evidence supporting findings]: Q were not made but the lack of efforts was appropriate [check all applicable boxes]: Q because of a prior judicial finding that the authorized agency was not required to make reasonable efforts to reunify the child with the Q parent(s) Q guardian(s) orother person(s) legally responsible for the child’s care [specify date of finding]: Q because of other reasons [specify other reasons, indicating documentary sources of information, if any]: Q were not made. This determination was based upon the following information [check applicable box(es)]:9 The Permanency Petition, dated [specify]:9 Uniform Case Record, dated [specify]:9 Case Record, 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]: on [specify date]:9 Other [specify]: 2. [Required in cases in which the child’s permanency plan is adoption, guardianship orpermanent living arrangement other than reunification]: Reasonable efforts to make and finalize thepermanency planning goal of [specify]: Q were made as follows [specify reasonable efforts, including specific documents or evidence supporting findings]: Q were not made based upon the following facts and for the following reasons [specify particular facts and reasons, including specific documents or evidence supporting findings; 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 Record, dated [specify]:9 Case Record, 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]: GF-35 Page 4 II. Required Findings Regarding the Permanency HearingThe Court finds that the appropriate permanency plan for the child is [specify plan]: III. Required Findings Regarding Transitional Services and Out-of-State Placements: “ [Required where the child is 16 years of age and older]: The services, if any, needed to assist the child to make the transition from foster care to independent living are[specify]:“ [Required where the child is placed outside New York State]: Placement outsideNew York State “ is “ is not appropriate and in the child’s best interests; NOW, after examination and inquiry into the facts and circumstances and afterhearing the proof and testimony, it is thereforeA. Permanency Plan [Required if foster care placement continued]: “ ORDERED that Petitioner’s permanency plan for the above-named child “ is approved“ is modified, as follows [check applicable box(es) and indicate time frame(s)]:“ reunification with the “ parent(s) “ guardian(s) or other person(s) legally responsible for the child’s care by [specify date]:“ placement for adoption upon filing of a petition to terminate parental rights by [specify date]:.“ referral for legal guardianship by [specify name and date]:“ permanent placement with the following fit and willing relative [specify name]: by [specify date]:.“ permanent placement in the following alternative planned living arrangement [specify]: upon documentation, available to the Court, that the following compelling reason(s) indicate(s) that it would not be in the child’s best interests to return home, be referred for termination of parental rights and adoption, placed with a fit and willing relative, or placed with a legal guardian [specify compelling reason(s)]:; (and it is further)B. Reasonable Efforts [Applicable where foster care placement continued]:[Applicable where the child’s permanency plan is reunification with the parent or guardian]:“ ORDERED that following reasonable efforts shall be made to make and finalize thechild’s permanency plan of reunification [specify]: GF-35 Page 5 A copy of the service plan must be furnished to the parent or guardian in child protective and 4foster care proceedings. See F.C.A. §1055(b)(iv)(B)(7); S.S.L.§§358-a(3)(e)(ii); 392(6)(i). See Family Court Act §353.3(7). 5; (and it is further)[Applicable where the child’s permanency plan is adoption, guardianship or permanent livingarrangement other than reunification; delete if inapplicable]:“ ORDERED that following reasonable efforts shall be made to make and finalize thechild’s permanency plan of [specify goal and describe efforts]:; (and it is further)C. Alternatives to Foster Care“ ORDERED that the Commissioner of Social Services investigate [specify]:as a relative or other suitable person with whom the child may reside; (and it is further)D. Service Plan [Required if foster care placement continued]:“ ORDERED that the service plan submitted by the Petitioner [check applicable box]:“ is appropriate “ should be modified as follows [specify]:;and shall be given by Petitioner to the “ parent “ guardian, along with a copy of this Order;4 ; (and it is further)E. Transitional Services[Applicable, but not required, in cases where the child has attained the age of 16]:“ ORDERED that the Petitioner is directed to provide the following servicesdetermined above to be needed to assist the child to make the transition from foster care toindependent living [specify]: ; (and it is further)[Required in cases where child is placed in accordance with Family Court Act Article 3 ]:“ ORDERED that the plan for the child’s “ release “ conditional release is [checkapplicable box]: “ approved “ modified as follows [specify]: 5“ ORDERED that Petitioner shall take the following steps to implement the plan forthe child’s “ release “ conditional release [specify]: ; (and it is further)F. Out-of-State Placement [Required where the child is placed out-of-state]: GF-35 Page 6 See Family Court Act §1055(b)(vi). 6 A separate report 60 days prior to the expiration of the placement is not required if a 7permanency petition is filed at that time.“ ORDERED that the placement of the child at [specify]: “ is appropriate and in the child’s best interests and is continued until [specify]:“ is not appropriate and in the child’s best interests and the child shall,therefore, be returned to New York State to be “ placed with [specify]: until [specify]: “ discharged to [specify]: ; (and it is further)G. Progress Reports and Notices [Delete if inapplicable]: 6 “ ORDERED that Petitioner shall make a progress report to the Court, the parties andthe law guardian on the implementation of this order not later than 90 days from the date of thisorder and every [specify period]: days thereafter and notlater than 60 days prior to the expiration of twelve months from the date of this order; (and it 7is further)“ ORDERED that if the above permanency plan for the above-named child is changed,notice shall be provided to the Court, the parties and the law guardian forthwith, (and it isfurther)H. Planning Conferences [Required]:“ ORDERED that the “ parent(s) “ guardian(s) or other person(s) legally responsiblefor the child’s care be notified of the planning conference(s) to be held and of (his)(her)(their)right to attend such conference(s) with counsel or other person; (and it is further)I. Visitation Plans [Visitation plan must be described]:“ ORDERED that Petitioner shall provide the “ parent(s) “ guardian(s) or otherperson(s) legally responsible for the child’s care with visitation with the child as follows[describe visitation plan]: and the “ parent(s) “ guardian(s)or other person(s) legally responsible for the child’s care shall visit in accordance with the plan;(and it is further)“ ORDERED that Petitioner shall provide the following sibling(s) [specify]: with visitation with the child as follows [describe visitation plan]:; (and it is further)J. Deadline for Filing Next Permanency Petition [Required if foster care continued]: GF-35 Page 7“ ORDERED that if the child remains in foster care, Petitioner shall file apetition for the next permanency hearing NO LATER THAN [Specify date not less than60 days before deadline for completion of hearing]: and the permanency hearing shall be completed by [specify date]:(and it is further)(ORDERED, that ). ENTERED Judge of the Family Court Dated:PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACTAN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT,35 DAYS FROM THE DATE OF MAILING OF THE ORDER TOAPPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTERSERVICE BY A PARTY OR THE LAW GUARDIAN UPON THEAPPELLANT, 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]: