New York Courts Social Services Law 384-B FCA 1089 Form

Soc. Serv. Law §§ 384-b; F.C.A. §1089           Form TPR-7

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 the Commitment of Guardianship and Custody pursuant to section 384-b of the Social Services Law of

CIN # Docket No.

A Child under the Age of Eighteen Years, alleged to be an Abandoned Child

THE NEXT PERMANENCY HEARING SHALL BE HELD ON

A Petition under Section 384-b of the Social Services Law, dated , having been filed in this Court alleging that is an abandoned child; and summonses having been issued and duly served upon and notice having been duly given to all proper parties hereto, and

□ Respondent #1 having □ appeared □ with counsel □ without counsel □ waived counsel □ not appeared;

And Respondent #1 having:

□ voluntarily, intelligently and knowingly admitted in open court that (s)he committed the following act(s)

□ 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;

□ Respondent #2 having □ appeared □ with counsel □ without counsel □ waived counsel □ not appeared;

And Respondent #2 having:

□ voluntarily, intelligently and knowingly admitted in open court that (s)he committed the following act(s)

□ 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;

And the child having been represented by an attorney;

[Required where only one parent or non-parent is Respondent; check if applicable]:

□ The legal status of the other parent(s) is/are as follows

[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 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

□ accepting the admission by Respondent(s)

The Court finds that the allegations that (has) (have) abandoned the child for a period of six months immediately preceding the filing of the petition □ 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

CONCLUSIONS OF LAW

The matter having duly come on for a dispositional hearing, and

□ Respondent having □ appeared □ with counsel □ without counsel □ waived counsel □ not appeared;

□ Respondent having □ appeared □ with counsel □ without counsel □ waived counsel □ not appeared;

before this Court for the dispositional 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

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 is 14 or Older]: The above-named child, who was born on

□ has consented to adoption by

□ has withheld consent to adoption by for the following reasons

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

□ is not an abandoned child and the petition is DISMISSED.

OR

□ is an abandoned child as defined in subdivision five of section 384-b of the Social Services Law; and it is [Check applicable box(es)]:

□ ORDERED that the guardianship and custody rights of are transferred to , □ an authorized agency □ foster parent(s); and such guardianship and custody of the child are committed to the □ authorized agency □ foster parent(s) upon the following terms and conditions

And it is further ORDERED that is authorized and empowered to consent to the adoption of the child subject to the order of a Court of competent jurisdiction to which a petition for adoption is submitted without the consent of or further notice to , the

Applicable where guardianship and custody have been transferred to the Petitioner

□ AND IT IS FURTHER ORDERED that the Petitioner herein shall forthwith advise the pre-adoptive foster parents(s) of his/her/their right to file an adoption petition in a court of competent jurisdiction and further advise the pre-adoptive foster parent(s) as to all necessary supporting documents;

AND IT IS FURTHER ORDERED that a certified copy of this order be filed for recording at the Office of the County Clerk in accordance with the provisions of Section 384-b of the Social Services Law;

Applicable Where Child is Native-American

□ ORDERED that the following should be notified of this proceeding

the □ custodian of the child; □ tribe/nation; □ United States Secretary of the Interior

□ ORDERED that in light of the assumption of jurisdiction by the tribe/nation, this proceeding is DISMISSED WITHOUT PREJUDICE.

Required Date Certain for Permanency Hearing [Required in all cases in which the child is in the guardianship and custody of the authorized agency or foster parent]:

ORDERED that if the child remains in the custody and guardianship of the authorized agency or foster parent, the next permanency hearing shall be held on

And it is further ORDERED that Petitioner shall transmit notice of the hearing and a permanency report no later than □ 14 days in advance of the above date certain □ other date to all parties, attorneys, the attorney for the child and any pre-adoptive parent or relative providing care to the child(ren) and, unless dispensed with by the Court, shall transmit notice of the hearing to former foster parent(s) who have had care of the child(ren) in excess of 12 months.

□ AND IT IS FURTHER ORDERED that

PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST.

Check applicable box:

□ Order mailed on and to whom mailed

□ Order received in court on and to whom given