Fill and Sign the Justia Order of Disposition After Order of Removal with Form

F.C.A.§§ 346.1, 350.2, 352. 1, Form 3-30352.2, 353.1, 353.3, 353.6 (Juvenile Delinquency- Order of Disposition After Order of Removal–No restrictive placement)1 12/2015 At a term of the Family Court of the State of New York, held in and for the County of at New York onPRESENT: Hon. Judge In the Matter of Docket No.A Person Alleged to be a ORDER OFJuvenile Delinquent, DISPOSITION (After Order of Removal –No restrictive placement) Respondent. An Order of Removal pursuant to section [check applicable box]:  220.10  310.85  330.25 of the Criminal Procedure Law, deemed to be a petition in accordance withsection 311.1 of the Family Court Act, having been duly filed with this Court on [specify date]: , and containing a finding [check applicable box]:  upon the above-named Respondent's plea of guilty  after a juvenile delinquency fact-determination after a verdict of guiltybeyond a reasonable doubt that the above-named Respondent, while [specify]: years of age, committed an act which would constitute the crime(s) of [specify as to each count]: as defined by section(s) of the  Penal Law  Other [specify]:in that said Respondent did the following act(s)[specify as to each count]:1 For restrictive placements under F.C.A. §353.5, use Form 3-33. Form 3-30 Page 2 ;and Notice having been duly given to Respondent, the Presentment Agency and [checkapplicable box]:  Respondent's parent(s)  the person(s) legally responsible for theRespondent's care pursuant to section 341.2 of the Family Court Act; And the Respondent having [check applicable box(es)]:  appeared  not appeared, and counsel for Respondent having  appeared  not appeared before this Court to answer thepetition; And the matter having thereafter duly come on for a dispositional hearing pursuant tosections 350.1- 350.4 of the Family Court Act before the Court; The Court, after making an examination and inquiry into the facts and circumstances ofthe case and after making reports available to counsel in accordance with section 351.1 of theFamily Court Act, finds upon a preponderance of the evidence that: I. Dispositional FindingsA. Respondent requires supervision, treatment, or confinement; andB. The Court, having fully considered the matter of a particular disposition pursuant tosection 352.2 of the Family Court Act, has determined that the Respondent requires the followingdisposition for the following reasons [specify; if the Respondent has been found to be sexuallyexploited, as defined in Social Services Law §447-a, so indicate]: II. Required Findings in Cases in Which the Respondent is Placed: 2[The following determinations are required when order is placement; check applicableboxes and provide case-specific reasons]: And the Court has determined that:A. Best Interests Finding: Continuation in, or return to, the Respondent’s home  would  would not be contrary to Respondent’s best interests based upon the following factsand for the following reasons [specify]: This determination was based upon the following information [check applicable box(es)]:2 Note: These findings need not be made where the Respondent is placed restrictively pursuant to Family Court Act§353.5. In such cases, use Form 3-33. Form 3-30 Page 3 Probation Department report, dated [specify]: Mental health evaluation, dated [specify]: Uniform Case Record, dated [specify]: Risk Assessment Instrument Summary of the Uniform Case Record, dated [specify]: Service Plan, dated [specify]: The report of [specify]: , dated [specify]: Testimony of [specify]:  Other [specify]:B. Reasonable Efforts Findings: 1. Reasonable efforts, where appropriate, to prevent or eliminate the need for removalof the child from the home [check applicable box (es); state reasons as indicated. If prior findingwas made, so indicate, including date]:  were made as follows [specify]: were not made but the lack of efforts was appropriate [check all applicable boxes]:  because of a prior judicial finding pursuant to F.C.A. §352.2(2)(c) that theauthorized agency was not required to make reasonable efforts to reunify theRespondent with the  parent(s)  guardian(s) [specify date of finding]:  because of other reasons [specify other reasons]:  were not made.This determination was based upon the following information [check applicable box(es)]: Probation Department report, dated [specify]: Mental health evaluation, dated [specify]: Uniform Case Record, dated [specify]: Risk Assessment Instrument Summary of the Uniform Case Record, dated [specify]: Service Plan, dated [specify]: The report of [specify]: , dated [specify]: Testimony of [specify]:  Other [specify]:2. Reasonable efforts, where appropriate, to return the Respondent home safely [checkapplicable box and state reasons as indicated]:  were made as follows [specify]:  were not made but the lack of efforts was appropriate [check all applicable boxes]:  because of a prior judicial finding pursuant to F.C.A. §352.2(2)(c) that the Form 3-30 Page 4authorized agency was not required to make reasonable efforts to reunify the child with the  parent(s)  guardian(s) [specify date of finding]:  because of other reasons [specify]:  were not made. This determination was based upon the following information [check applicable box(es)]: Probation Department report, dated [specify]: Mental health evaluation, dated [specify]: Uniform Case Record, dated [specify]: Risk Assessment Instrument Summary of the Uniform Case Record, dated [specify]: Service Plan, dated [specify]: The report of [specify]: , dated [specify]: Testimony of [specify]:  Other [specify]: 3. Reasonable Efforts: Goal Other Than Return Home: [Applicable in cases in which theRespondent’s permanency plan is adoption, guardianship or permanent living arrangement otherthan reunification]: Reasonable efforts to make and finalize the Respondent’s permanency plan of [specify]: have been made as follows [specify]:  were not made based upon the following facts and for the following reasons [specify]: This determination was based upon the following information [check applicable box(es)]: Probation Department report, dated [specify]: Mental health evaluation, dated [specify]: Uniform Case Record, dated [specify]: Risk Assessment Instrument Summary of the Uniform Case Record, dated [specify]: Service Plan, dated [specify]: The report of [specify]: , dated [specify]: Testimony of [specify]:  Other [specify]:C. Findings Regarding Transitional Services and Out-of-State Placements: [Required where Respondent is 14 years of age or older]: The services, if any, neededto assist the Respondent to make the transition from foster care to independent living are [specify]: [Required where the Respondent is placed outside New York State]: Placement outsideNew York State  is  is not appropriate and in the Respondent’s best interests. Form 3-30 Page 5D. Findings Regarding Pre-dispositional Risk Assessment Instrument:There  is  is not a validated pre-dispositional risk assessment instrument in use in thiscounty that was developed by (or in New York City, approved by) the New York State Office ofChildren and Family Services.[REQUIRED where there is a validated pre-dispositional risk assessment instrument in use]:Respondent has been assessed on the risk assessment instrument as a [check box for level of risk]:[NYC cases only]:  low  medium  high  very high level of risk [NON-NYC cases only]:  low  medium  high level of risk . [REQUIRED where validated pre-dispositional risk assessment instrument is in use andwhere placement is at a higher level of care than the assessed risk level; omit if inapplicable]: Placement, as directed below, is necessary and no less restrictive alternative is available,both for the protection of the community and to be consistent with the needs and best interests ofthe Respondent, notwithstanding the assessed risk level, for the following reasons {specify]: NOW therefore, upon the Order of Removal and the findings made in the dispositionalhearing, and upon all proceeding had herein, it is hereby ORDERED and ADJUDGED that the above-named Respondent is a juvenile delinquentbased on the Order of Removal and on the further ground that the Respondent requires supervision,treatment, or confinement; and it is thereforeORDERED that [check applicable boxes]: Respondent is conditionally discharged for a period of [specify]: months uponthe following terms and conditions [Attach additional sheets, if necessary]:  Respondent is placed on probation under the supervision of the Probation Department ofthe County of for a period of upon the following terms and conditions[Attach additional sheets, if necessary]:[Applicable where Respondent is directly placed with a suitable relative or other person]:  This proceeding is continued and the Respondent is placed for a period of [specify]:  less the period spent in detention pending disposition3 in the custody of [specify3 Applicable unless all or part of such credit would not serve the needs and best interests of the Respondent or theneed for protection of the community. See F.C.A §353.3(5). Form 3-30 Page 6suitable relative or other person]: , subject to the further orders of this Court.[REQUIRED where Respondent is placed in non-secure or limited-secure level of care]: This proceeding is continued and Respondent is placed in a non-secure level of care for aperiod of [specify period]:  less the period spent in detention pendingdisposition,4 in the custody of the Commissioner of the [check applicable box]: [Non-NYC cases only]:  Department of Social Services of the County of [specify]:  New York State Office of Children and Family Services [NYC cases only]:  New York City Administration for Children’s Services. This proceeding is continued and Respondent is placed in a limited secure level of care for a period of [specify period]:  less the period spent in detention pendingdisposition,5 in the custody of the Commissioner of the [check applicable box]: [Non-NYC cases only]:  New York State Office of Children and Family Services[NYC cases only]:  New York City Administration for Children’s Services. [NYC cases only]: This proceeding is continued and Respondent is placed in the custodyof the New York City Administration for Children’s Services in a non-secure OR limited securelevel of care, the level to be determined by the Commissioner, for a period of [specify period up to12 months]:  less the period spent in detention pending disposition.6[NON-NYC cases only; applicable where Respondent is placed with Department of SocialServices for non-secure placement in a specific agency or class of agency]: The position of the Commissioner of Social Services of the County of [specify]: having been considered by the Court, this proceeding is continued and Respondent is placed for aperiod of [specify period]:  less the period spent in detention pendingdisposition,7 in the custody of the Commissioner of Social Services of the County of [specify]: , for non-secure placement with [specify agency or class of agency; note: if the4Applicable unless all or part of such credit would not serve the best interests of the Respondent or the need forprotection of the community. See F.C.A. §353.3(5). Note that in all placement cases, the placement period may betolled by reason of the Respondent’s absence without leave.5Applicable unless all or part of such credit would not serve the best interests of the Respondent or the need forprotection of the community. See F.C.A. §353.3(5). Note that in all placement cases, the placement period may betolled by reason of the Respondent’s absence without leave.6Applicable unless all or part of such credit would not serve the best interests of the Respondent or the need forprotection of the community. See F.C.A. §353.3(5). Note that in all placement cases, the placement period may betolled by reason of the Respondent’s absence without leave.7Applicable unless all or part of such credit would not serve the best interests of the Respondent or the need forprotection of the community. See F.C.A. §353.3(5) Form 3-30 Page 7Respondent has been found to be sexually exploited, as defined in Social Services Law §447-a, soindicate if Respondent should be placed in an available long-term safe house]: , subject to the further orders of this Court. In the event that the Commissioner of Social Services is unable to so place the child, theCommissioner [check applicable box]:  shall  need not apply to the Court for an order to stay, modify, set aside or vacate the order pursuant to Family Court Act §355.1.  shall  need not return Respondent to this Court for a new dispositional hearing. [NYC cases only; applicable where Respondent is placed with the NYC Administration forChildren’s Services for non-secure or limited-secure level of care where specific services areneeded; check box if applicable]:  The Commissioner of the New York City Administration forChildren’s Services is directed to provide the following services, authorized or required to be madeavailable in the approved plan for the “Close to Home” program, to meet the needs of theRespondent [specify services; note: if the Respondent has been found to be sexually exploited, asdefined in Social Services Law §447-a, so indicate if Respondent needs the services afforded by anavailable long-term safe house]: [The following three paragraphs are applicable where Respondent is placed with the NewYork State Office of Children and Family Services; note: in New York City cases, theseparagraphs are applicable only to placements in a secure level of care]:  This proceeding is continued and the Respondent is placed for a period of [specify]:  less the period spent in detention pending disposition,8 in the custody of the New York StateOffice of Children and Family Services, which is authorized to place the Respondent in a [specify]:  secure facility at any time or from time to time during the first 60 days of residency;9  limited secure facility [NON-NYC cases only]:  non-secure facility [NON-NYC cases only] subject to further orders of this Court.  [NON-NYC cases only]: The position of the New York State Office of Children and FamilyServices having been considered by the Court, this proceeding is continued and the Respondent isplaced for a period of [specify]:  less the period spent in detention pendingdisposition,10 in the custody of the New York State Office of Children and Family Services forplacement with [specify agency or class of agency; note: if the Respondent has been found to besexually exploited, as defined in Social Services Law §447-a, so indicate if Respondent should be8 Applicable unless all or part of such credit would not serve the needs and best interests of the Respondent or theneed for protection of the community. See F.C.A. §353.3(5).9 See F.C.A. §353.3(3)(a).10 Applicable unless all or part of such credit would not serve the needs and best interests of the Respondent or theneed for protection of the community. See F.C.A. §353.3(5). Form 3-30 Page 8placed in an available long-term safe house ]: , subject to furtherorders of this Court. In the event that the New York State Office of Children and Family Servicesis unable to place the Respondent in accordance with the direction hereof, or discontinues theplacement with the authorized agency, the Respondent shall be deemed to have been placed with the New York State Office of Children and Family Services pursuant to paragraph (b) or (c) ofsubdivision three of section 353.3 of the Family Court Act. In such cases, the New York StateOffice of Children and Family Services shall notify the court, Presentment Agency, counsel for theRespondent and parent or other person responsible for the Respondent’s care, of the reason fordiscontinuing the placement with the authorized agency and the level and location of the youth’splacement.[Optional where Respondent is placed with the New York State Office of Children andFamily Services; check box if applicable]: The New York State Office of Children and Family Services shall photograph theRespondent pursuant to Executive Law § 507-a(3). [Optional where Respondent is 14 years of age or older and is placed with the New YorkState Office of Children and Family Services, the New York City Administration forChildren’s Services or Commissioner of Social Services; check box if applicable ]: The placement agency is directed to provide the following services determined above tobe needed to assist the child to make the transition from foster care to independent living [specify]: [Optional where Respondent, upon adjudication for an act that would constitute a felony ifcommitted by an adult, is placed with the New York State Office of Children and FamilyServices or the New York City Administration for Children’s Services pursuant toF.C.A.§353.3(9); check box if applicable]:  Respondent shall be confined in a residential facility for a minimum period of [specifyminimum period not to exceed six months]: [Required where Respondent is placed with the New York City Administration for Children’sServices; optional for all other placement cases; check box if applicable]:  The placement agency is directed to provide prior notice to the Respondent, attorneyfor the Respondent and Respondent’s parent or guardian in the event that Respondent is transferredfrom one facility to another, unless an immediate change of placement is necessary, in which casethe notice shall be transmitted on the next business day. [Required where Respondent is placed with the New York State Office of Children andFamily Services, the New York City Administration for Children’s Services or a local socialservices district; check applicable boxes]:  Respondent’s parent or legal guardian was present in Court and consented to theprovision of routine medical, dental and mental health services and treatment to the Respondent bythe:  New York State Office of Children and Family Services  New York City Administrationfor Children’s Services  Department of Social Services, County of [specify]: ; Form 3-30 Page 9OR  Consent has not been obtained from Respondent’s parent or legal guardian, but thisOrder shall be deemed to grant consent for the :  New York State Office of Children and FamilyServices  New York City Administration for Children’s Services  Department of SocialServices, County of [specify]: to provide routine medical, dental and mental healthservices and treatment to the Respondent. [Required where Respondent is placed non-securely with the Commissioner of a countyDepartment of Social Services, the New York City Administration for Children’s Services orthe New York State Office of Children and Family Services, pursuant to F.C.A.§353.3 or§353.4; check box if applicable]:  ORDERED that if the Respondent remains in foster care, the [check box]: New York State Office of Children and Family Services;  Commissioner of Social Services of [specify]: County;  New York City Administration for Children’s Services shall file a petition for the next permanency hearing NO LATER THAN [specify date not lessthan 60 days before permanency hearing must be completed]: and the permanency hearing shall be completed by [specify date]: And it is further ORDERED that: Date: , .ENTER Judge of the Family CourtPURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROMTHIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BYAPPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDERTO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY APARTY 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]: