Juvenile Delinquency Order of Disposition

ORDER OF DISPOSITION (Designated Felony; No Restrictive Placement)

F.C.A. §§ 351.1, 352.1, 352.2, 353.1, 353.3, 353.5, 353.6

Form 3-31

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 on .

PRESENT

Hon.

In the Matter of Docket No.

A Person Alleged to be a Juvenile Delinquent, Respondent.

An Order of Fact-finding dated the day of having been entered in this Court the Family Court of [specify]: , adjudging that the Respondent did the following act(s) that would, if committed by an adult, constitute the following crime(s) [specify as to each count]:

designated felony act(s) pursuant to section 301.2 of the Family Court Act [specify, including section(s) of the Penal Law or other law violated]:

non-designated felony act(s) [specify, including section(s) of the Penal Law or other law violated]:

And notice having been duly given to Respondent, the Presentment Agency and [check applicable box]: Respondent's parent(s) the person(s) legally responsible for the Respondent'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 the petition;

And the matter having thereafter duly come on for a dispositional hearing pursuant to section 350.2 of the Family Court Act before the Court;

The Court, after making an examination and inquiry into the facts and circumstances of the case and after making reports available to counsel in accordance with section 351.1 of the Family Court Act, finds upon a preponderance of the evidence that:

I. Dispositional Findings

A. Respondent requires supervision, treatment, or confinement; and

B. The Court, having fully considered the matter of restrictive placement in accordance with section 353.5 of the Family Court Act, finds that the Respondent does not require restrictive placement for the following reasons [specify]:

C. The Court, having fully considered the matter of a particular disposition pursuant to section 352.2 of the Family Court Act, finds that the Respondent requires the following disposition [specify]:

for the following reasons [specify]:

II. Required Findings in Cases in Which the Respondent is Placed:

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 facts and for the following reasons [specify]:

This determination was based upon the following information [check applicable box(es)]:

Probation Department report, dated

Mental health evaluation, dated

Uniform Case Record, dated

Risk Assessment Instrument

Summary of the Uniform Case Record, dated

Service Plan, dated

The report of , dated

Testimony of

Other [specify]:

B. Reasonable Efforts Findings:

1. Reasonable efforts, where appropriate, to prevent or eliminate the need for removal of the child from the home [check applicable box(es); 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 authorized agency was not required to make reasonable efforts to reunify the Respondent 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

Mental health evaluation, dated

Uniform Case Record, dated

Risk Assessment Instrument

Summary of the Uniform Case Record, dated

Service Plan, dated

The report of , dated

Testimony of

Other [specify]:

2. Reasonable efforts, where appropriate, to return the Respondent home safely [check applicable 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 authorized 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

Mental health evaluation, dated

Uniform Case Record, dated

Risk Assessment Instrument

Summary of the Uniform Case Record, dated

Service Plan, dated

The report of , dated

Testimony of

Other [specify]:

3. Reasonable Efforts: Goal Other Than Return Home: [Applicable in cases in which the Respondent’s permanency plan is adoption, guardianship or permanent living arrangement other than 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

Mental health evaluation, dated

Uniform Case Record, dated

Risk Assessment Instrument

Summary of the Uniform Case Record, dated

Service Plan, dated

The report of , dated

Testimony of

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, needed to 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 outside New York State is is not appropriate and in the Respondent’s best interests.

D. Findings Regarding Pre-dispositional Risk Assessment Instrument:

There is is not a validated pre-dispositional risk assessment instrument in use in this county that was developed by (or in New York City, approved by) the New York State Office of Children 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 and where placement is at a higher level of care than the assessed risk level; check box if applicable]: 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 of the Respondent, notwithstanding the assessed risk level, for the following reasons [specify]:

NOW, therefore, upon the findings made in the fact-finding and dispositional hearings and upon all proceedings had herein, it is hereby

ORDERED and ADJUDGED that the above-named Respondent is a juvenile delinquent on the ground that the Respondent, while under 16 years of age, did an act which if done by an adult would constitute the crime(s) of [specify each count]:

as defined by section(s) of the Penal Law Other law [specify]:

and on the further ground that Respondent requires supervision, treatment, or confinement; and it is therefore

ORDERED that [check applicable box(es)]:

Respondent is conditionally discharged for a period of months upon the following terms and conditions [Attach additional sheets, if necessary]:

Respondent is placed on probation under the supervision of the Probation Department of the 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 less the period spent in detention pending disposition in the custody of , subject to the further orders of this Court.

[Applicable 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 a period of less the period spent in detention pending disposition, in the custody of the Commissioner of the [Non-NYC cases only]: Department of Social Services of the County of [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

less the period spent in detention pending disposition, in the custody of the Commissioner of the [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 custody of the New York City Administration for Children’s Services in a non-secure OR limited secure level of care, the level to be determined by the Commissioner, for a period of [specify period up to 12 months]: less the period spent in detention pending disposition.

[NON-NYC cases only; applicable where Respondent is placed with Department of Social Services for non-secure level of care in a specific agency or class of agency]:

The position of the Commissioner of Social Services of the County of having been considered by the Court, this proceeding is continued and Respondent is placed for a period of less the period spent in detention pending disposition, in the custody of the Commissioner of Social Services of the County of , for non-secure placement with , subject to the further orders of this Court.

In the event that the Commissioner of Social Services is unable to so place the child, the Commissioner 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 for Children’s Services for non-secure or limited-secure level of care where specific services are needed; check box if applicable]:

The Commissioner of the New York City Administration for Children’s Services is directed to provide the following services, authorized or required to be made available in the approved plan for the “Close to Home” program, to meet the needs of the Respondent [specify services]:

[The following three paragraphs are applicable where Respondent is placed with the New York State Office of Children and Family Services; note: in New York City cases, these paragraphs are applicable only to secure level of care]:

This proceeding is continued and the Respondent is placed for a period of less the period spent in detention pending disposition, in the custody of the New York State Office of Children and Family Services, which is authorized to place the Respondent in a subject to further orders of this Court.

[Applicable to non-NYC cases only]: The position of the New York State Office of Children and Family Services having been considered by the Court, this proceeding is continued and the Respondent is placed for a period of less the period spent in detention pending disposition, in the custody of the New York State Office of Children and Family Services for placement with , subject to further orders of this Court.

The New York State Office of Children and Family Services shall photograph the Respondent pursuant to Executive Law § 507-a(3).

The placement agency 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 [specify]:

Respondent shall be confined in a residential facility for a minimum period of .

The placement agency is directed to provide prior notice to the Respondent, attorney for the Respondent and Respondent’s parent or guardian in the event that Respondent is transferred from one facility to another, unless an immediate change of placement is necessary, in which case the notice shall be transmitted on the next business day.

Respondent’s parent or legal guardian was present in Court and consented to the provision of routine medical, dental and mental health services and treatment to the Respondent by the:

New York State Office of Children and Family Services New York City Administration for Children’s Services Department of Social Services, County of ;

OR

Consent has not been obtained from Respondent’s parent or legal guardian, but this Order shall be deemed to grant consent for the: New York State Office of Children and Family Services New York City Administration for Children’s Services Department of Social Services, County of to provide routine medical, dental and mental health services and treatment to the Respondent.

ORDERED that if the Respondent remains in foster care, the New York State Office of Children and Family Services; Commissioner of Social Services of ; New York City Administration for Children’s Services shall file a petition for the next permanency hearing NO LATER THAN and the permanency hearing shall be completed by .

And it is further ORDERED that:

Date: , .

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: