Juvenile Delinquency Petition

F.C.A. §355.3, 355.5 Form 3-38
Juvenile Delinquency - Petition for Extension of Placement and Permanency Hearing

12/2015

FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF

In the Matter of

A Person Alleged to be a Juvenile Delinquent,
Respondent.

Petition (Extension of Placement And Permanency Hearing)

DEADLINES: THIS PETITION MUST BE FILED BY AND THE PERMANENCY HEARING MUST BE COMPLETED BY

TO THE FAMILY COURT:

The undersigned Petitioner respectfully alleges upon information and belief that:

1. Petitioner , is the :

person

official acting on behalf of the [check applicable box]:

Commissioner of the N.Y.S. Office of Children and Family Services,

Commissioner of Social Services of County,

Commissioner of the N.Y.C. Administration for Children’s Services

with whom the Respondent in the above-entitled proceeding has been placed pursuant to section 353.3 of the Family Court Act. Petitioner’s residence principal office is located at , New York.

2. a. Under the Order of Disposition of this Court, dated , the above-named Respondent, born , was adjudicated to be a juvenile delinquent within the meaning of Article 3 of the Family Court Act, and was placed with Petitioner for a period of months, terminating on . A copy of the order is annexed as Exhibit A.

b. [Delete if inapplicable]: Placement was last extended on , terminating on .

c. A permanency hearing is required at this time because [check applicable box(es)]:

The last permanency hearing was held regarding this placement on .

No prior permanency hearing has been held.

A finding by the Court pursuant to F.C.A. §352.2(2)(c) that reasonable efforts to reunify the Respondent with his or her parent(s) or person(s) legally responsible are not necessary was made on .

3. Respondent is now in the care and custody of Petitioner and is residing in a :

non-secure facility or foster care program

limited secure facility

secure facility.

4. a. The following are the names and addresses of the parent(s) or other persons legally responsible for the care of the Respondent or with whom the Respondent resides:

Name          Residence          Relationship

b. In addition to the Respondent’s parent(s) or other persons legally responsible for the Respondent’s care, the following individuals must be notified of this proceeding:

Attorney for the child

Prospective adoptive parent(s)

Foster parent(s)

Relative(s)

Other

5. Continued placement is in the Respondent’s best interests and it would not be in the Respondent’s best interests to return home because

This conclusion is supported by 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

6. a. The permanency plan for the Respondent is as follows [check applicable box(es) and indicate time frame(s)]:

reunification with the parent(s) person(s) legally responsible for Respondent’s care by

placement for adoption upon filing of a petition to terminate parental rights by

referral for legal guardianship by

permanent placement with the following fit and willing relative by .

[Applicable ONLY to Respondents who are 16 years of age or older]: permanent placement in the following alternative planned permanent living arrangement (APPLA)

[REQUIRED in all APPLA plan cases]:

(i) Documentation, made available to the Court, provides the following compelling reason(s) indicating that it would not be in the Respondent’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

(ii) APPLA is the best permanency plan for the Respondent because

(iii) The following intensive, ongoing, and, as of the date of this petition, unsuccessful efforts were made to return the Respondent home or secure a placement for the Respondent with a fit and willing relative, including adult siblings, a legal guardian, or an adoptive parent, including through efforts that utilize search technology including social media to find biological family members of Respondent

(iv) The following individual, with whom Respondent has a significant connection, is willing and should be designated as the Respondent’s permanency resource

(v) The "reasonable and prudent parent" standard of care has been applied to Respondent in the facility or home in which he or she resides as follows

(vi) Respondent has been provided with regular, ongoing opportunities to engage in age or developmentally appropriate activities and has been consulted in an age-appropriate manner about the opportunities to participate in activities as follows

b. The permanency plan [check applicable box]:

has not changed since the dispositional hearing or last permanency hearing;

has changed as follows

c The permanency plan should be approved because

7. a. Reasonable efforts, where appropriate, to return the Respondent home safely [check applicable box and state reasons as indicated]:

were made as follows

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 Petitioner was not required to make reasonable efforts to reunify the Respondent with the parent(s) person(s) legally responsible

because of other reasons

were not made.

This assertion is 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

b. [REQUIRED where the Respondent’s permanency plan is adoption, guardianship or permanent living arrangement other than reunification]: Reasonable efforts to make and finalize the permanency planning goal of :

were made as follows

were not made based upon the following facts and for the following reasons

c. The following impediments exist, if any, to the fulfillment of the Respondent’s permanency plan

8. [Required where the Respondent is 14 years of age or older]: The services needed, if any, to assist the Respondent to make the transition from foster care to independent living are

a. These services are being provided as follows

b. These services are not being provided for the following reasons

9. [Required where the Respondent has been placed out-of-state] The placement of Respondent at continues to be is not appropriate and in the Respondent’s best interests because

10. The current service plan, which is annexed to this petition, should be approved for the following reasons

11. a. The visitation plan for the Respondent and the parent(s) other person(s) legally responsible is as follows

b. The visitation plan for the Respondent and the Respondent’s sibling(s) or half-sibling(s) is as follows

12. [REQUIRED where the Respondent has been in foster care for 15 out of the most recent 22 months]: A termination of parental rights petition:

was filed on in . The status of the case is as follows .

will be filed not later than in .

will not be filed for the following reason(s) [check applicable box(es) and cite documentary sources of information, if any]:

The Respondent is being cared for by a relative or relatives;

The authorized agency has documented the following compelling reason for not filing a termination of parental rights petition:

The Respondent was placed as a juvenile delinquent and the following facts and circumstances support a permanency plan of return to the parent(s) or other person(s) legally responsible for the Respondent’s care, or Alternative Planned Permanent Living Arrangement (APPLA; applicable only to youth 16 years or older):

The Respondent has a permanency plan other than adoption;

The Respondent is 14 years of age or older and will not consent to adoption;

There are insufficient grounds for filing a termination petition;

The Respondent is the subject of a pending child abuse or neglect petition that has not yet reached disposition and the permanency plan is return to the parent(s) or other person(s) legally responsible for the Respondent’s care.

13. The Respondent has the following conditions and special needs

Area     Conditions/Special Needs     Services Needed     Services Provided     Last Evaluation

Medical

Developmental

Educational

Mental Health

Other

14. The plan for the Respondent’s release conditional release includes the following arrangements for the prompt enrollment of the Respondent in the following educational or vocational program

and attach a copy of the release plan pursuant to Family Court Act §353.3(7):

15. The Respondent is is not a Native-American Respondent subject to the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901-1963).

16. No previous application has been made to any court or judge for relief herein requested (except ).

WHEREFORE, Petitioner requests that this Court conduct a permanency hearing [delete if inapplicable] and enter an order of disposition as follows:

A. Approving Petitioner’s implementation of the above permanency plan and release plan for the Respondent;

B. Extending the Respondent’s placement for a period of ;

C. Directing that the parent(s) person(s) legally responsible for Respondent’s care be notified of the planning conference(s) to be held, of (his)(her) right to attend such conference(s) and of (his)(her) right to attend with counsel or other person;

D. Directing that the parent(s) person(s) legally responsible for Respondent’s care be given a copy of this Court’s order and current service plan;

E. Directing that, if the Respondent remains in foster care, the Petitioner must file a petition for a permanency hearing not later than and

F. Granting such other and further relief as it deems appropriate, including, but not limited to the following

VERIFICATION (Agency)

STATE OF NEW YORK )

)ss.:

COUNTY OF NEW YORK )

, being duly sworn, deposes and says:

The (s)he is the of , an agency authorized to originate the above-entitled proceeding, and is acquainted with the facts and circumstances therein; that (s)he has read the foregoing and knows the contents thereof; that the same is true to (his)(her) own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matter (s)he believes it to be true.

VERIFICATION (Individual)

STATE OF NEW YORK )

)ss.:

COUNTY OF NEW YORK )

, being duly sworn, deposes and says:

That (s)he is the of , an agency authorized to originate the above-entitled proceeding, and is acquainted with the facts and circumstances therein; that (s)he has read the foregoing and knows the contents thereof; that the same is true to (his)(her) own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matter (s)he believes it to be true.

Signature section / filing details: