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Findings of Fact, Conclusions of Law, and Order

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F.C.A. §§ 631, 1089 / Soc. Serv. Law §384-b
Findings of Fact, Conclusions of Law and Order of Disposition (Permanent Neglect)

Form TPR-2 (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.

In the Matter of a Commitment of Guardianship and Custody pursuant to §384-b of the Social Services Law of Docket No.

FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
ORDER OF DISPOSITION
(Permanent Neglect)

CIN #

A Child under the Age of Eighteen Years, Alleged to be a Permanently Neglected Child

THE NEXT PERMANENCY HEARING SHALL BE HELD ON / time:

A Petition under Article 6, Part 1 of the Family Court Act and Section 384-b of the Social Services Law having been filed alleging that the above-named child is a permanently-neglected 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 for the child;

[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: 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;

The matter having duly come on for a fact-finding hearing, the Court, after hearing the proofs and testimony offered in relation to the case accepting the admission by Respondent(s) finds that the allegations that (has) (have) permanently neglected the child are are not supported by clear and convincing proof.

FINDINGS OF FACT

CONCLUSIONS OF LAW

And 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]:

And 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 a permanently neglected child as defined in subdivision seven of section 384-b of the Social Services Law; not permanently neglected and the petition is DISMISSED.

And it is further:

ORDERED that the guardianship and custody of are transferred to an authorized agency foster parent(s);

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 parent(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 Notice Regarding Absconding:

ORDERED that if the child absconds from the above-named custodial person or facility, written notice shall be given within 48 hours to the Clerk of Court by the custodial person or by an authorized representative of the facility, stating the name of the child, the docket number of this proceeding, and the date on which the child ran away.

Transitional Services:

ORDERED that the Petitioner is directed to provide the following services determined above to be needed to assist the child to make the transition from foster care to independent living:

Required Where Placement Is Outside New York State.

ORDERED that the placement of the child at is appropriate, necessary and in the child’s best interests and is continued until

is not appropriate, necessary and in the child’s best interests and the child shall, therefore, be returned to New York State to be placed with until

discharged to

Required Date Certain for Permanency Hearing

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).

GAND IT IS FURTHER ORDERED that

_____________________________________

Judge of the Family Court

Dated:

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 (specify date(s) and to whom mailed):

Order received in court on (specify date(s) and to whom given):

Judge:

Signature/Enter:

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What this Findings of Fact, Conclusions of Law, and Order document is

A Findings of Fact, Conclusions of Law, and Order is a written judicial document that records factual determinations, states the legal conclusions that follow from those facts, and directs specific relief or action. It is typically issued after evidentiary hearings or bench trials, frames the legal basis for judgment, and becomes part of the official court record when filed and entered by the clerk. The document must clearly distinguish between factual findings and legal conclusions and include the signature and date of the judge or authorized judicial officer.

Why a clear findings-and-order matters

Clear findings and conclusions ensure enforceability, reduce reversible error on appeal, and provide a transparent basis for relief. They guide the clerk, the parties, and appellate courts by showing how evidence and law led to the final order.

Why a clear findings-and-order matters

Who typically prepares or relies on this document

Various courtroom and administrative roles prepare, review, or rely on findings, conclusions, and orders in civil and administrative matters.

  • Presiding Judge: Drafts and signs the document to reflect the court's determinations and legal reasoning for entry.
  • Court Clerk: Enters the order into the docket, issues the filed stamp, and handles service and notice obligations.
  • Attorneys for Parties: Review the order for accuracy, ensure proper service, and preserve issues for appeal if necessary.

Accurate drafting and timely filing by these users reduces procedural risk and clarifies next steps for enforcement or appeal.

Primary signatories and document owners

Presiding Judge

The judge issues the findings, signs the document, and has final responsibility for the content and legal sufficiency. The judge's signature and date validate the order for filing and appeal; clerks will not enter contradictory information without judicial directive.

Court Clerk

The clerk accepts the signed order for filing, applies the official stamp, posts the document to the docket, and initiates service processes. The clerk ensures procedural compliance with local rules and confirms entry dates used to compute appeal deadlines.

Key security and compliance items to note

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamp, IP, action log preserved
ESIGN and UETA: Complies with ESIGN/UETA legal standards
HIPAA readiness: BAA available for protected health data
21 CFR Part 11: Controls available for FDA-regulated records
Access Controls: Role-based permissions and SSO options

Step-by-step: prepare, sign, and file the findings and order

Follow a consistent sequence to draft the document, obtain the judge's signature, and file and serve the order according to local rules.

  • 01
    Draft Findings: Summarize uncontested facts and evidence supporting factual determinations.
  • 02
    State Conclusions: Cite controlling law and apply it to the facts in separate conclusion paragraphs.
  • 03
    Prepare Order: Translate conclusions into precise relief, deadlines, and compliance directives.
  • 04
    File and Serve: Clerk files document; serve parties and note appeal clock for final judgments.

Typical electronic workflow configuration for drafting and approval

Map each role to a step in the review and filing process so approvals and entry are auditable and sequential.

Field Assigned Role | Action
Draft Preparation Attorney | Upload draft for internal review
Internal Review Lead Counsel | Edit and approve changes
Judicial Review Judge's Chambers | Judge signs or requests revision
Clerk Filing Court Clerk | File, stamp, and docket entry

Technical requirements for e-signature and e-filing

Ensure your platform supports secure signing, audit trails, and formats accepted by the court e-filing system.

  • Document Formats: PDF/A and PDF supported
  • Authentication: Email or stronger multi-factor options
  • Integration: E-filing or clerk portal connectivity

Confirm local court e-filing technical requirements and that the chosen platform preserves the audit trail required for entry and appeal.

How online preparation and signing typically proceeds

The process moves from draft upload to placement of signature fields, signer authentication, signing, and then filing with the clerk.

  • Upload Draft: Submit final draft PDF to the signing platform
  • Place Fields: Insert signature, date, and judge role fields
  • Authenticate: Judge or authorized signer confirms identity
  • Sign and File: Signed PDF retained and filed with court clerk

Essential elements every professional findings-and-order should include

A complete document separates evidence-based findings from rule-based conclusions and translates those into a clear, enforceable order with dates and signatures.

Clear Findings

Plain statements of fact supported by the record, linked to exhibits or testimony, and written to minimize ambiguity for the clerk and appellate review.

Legal Conclusions

Discrete paragraphs applying controlling statutes or case law to the facts; use exact citations to show reasoning and support relief.

Specific Relief

Precise directives, deadlines, or monetary awards stated so parties and courts can implement and enforce without further clarification.

Citation and Authority

List statutory sections or case law relied upon; avoiding unsupported legal conclusions reduces reversal risk on appeal.

Signature and Date

Judge's signature, printed name, title, and date of signing which determine finality and trigger appeal periods.

Docketing Info

Include case caption, docket number, filing stamp, and clerk entry details to ensure the order attaches correctly to the official record.

Practical drafting and filing tips

Follow these practices to reduce errors, avoid delays, and strengthen enforceability.

Use plain, precise language
Avoid legalese where it obscures meaning; plain language reduces the likelihood of misinterpretation and appellate reversal.
Separate facts from law
Keep factual findings distinct from legal conclusions; label sections clearly to aid the record and any reviewing court.
Cite sources exactly
Provide full citations for statutes and precedent so readers can verify and apply the same authorities without ambiguity.
Confirm signatory authority
Verify the judge or authorized official signs in the required format and that the clerk receives the original or certified electronic record.

Common deadlines and timing expectations

Timelines for filing, service, and appeal vary; confirm local rules to compute exact deadlines from the entry or service date.

Entry and Filing:

Clerk enters the order on the docket on the filing date; that date often starts appeal clocks.

Service on Parties:

Serve the filed order per local rules, typically immediately after entry or within a defined number of days.

Notice of Appeal:

File a notice of appeal typically within 30 days for federal civil cases under Fed. R. App. P. 4(a).

Post-judgment Motions:

Motions to alter or amend usually have short statutory windows; check local rules for precise timing.

Record Preservation:

Maintain the transcript and exhibits as appellate records; ordering copies promptly avoids delays.

Key milestones from hearing to enforceable order

Track these numbered milestones to ensure the order becomes effective and enforceable without procedural gaps.

01

Hearing Completed

Evidence closed and oral rulings made at the scheduled hearing.

02

Findings Drafted

Judge or counsel prepares findings and legal conclusions referencing the record.

03

Order Signed

Judge signs the document, creating an enforceable order once filed.

04

Filed and Served

Clerk stamps, docket entry made, and parties served per local rules.

Consequences of drafting or filing errors

Appeal Risk: Reversible error leads to partial or full reversal
Vacatur: Order may be vacated for legal insufficiency
Enforcement Delay: Incorrect entry delays execution or collection
Service Defects: Improper service can invalidate deadlines
Record Gaps: Missing exhibits undermine factual support
Authentication Failure: Unsigned or unauthenticated orders face rejection

Common drafting pitfalls to avoid

  • Conflating findings and conclusions in the same paragraph makes appellate review difficult and increases reversal risk.
  • Vague or unsupported factual statements that lack record citations can be treated as improper findings by higher courts.
  • Omitting precise relief terms or deadlines forces additional motions to clarify enforcement, increasing delay and cost.
  • Failing to confirm signature format, authority, or filing rules can result in the clerk rejecting the document or misdating entry.

Pricing snapshot for e-signature solutions relevant to filing and signing court orders

Compare typical starting prices and core capabilities for e-signature vendors; signNow appears first to align with platform data and compliance features.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about Findings of Fact, Conclusions of Law, and Order

Answers to common questions about electronic signing, ordering, filing, and correcting findings in U.S. courts.


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