Can the motion be e-signed?

In most jurisdictions electronic signatures are legally valid under the ESIGN Act and UETA where adopted; however local court rules may require notarization or wet signatures for specific documents, so confirm with the clerk.

What attachments are essential?

Provide government ID, criminal-background disclosures, home-safety checklist, and the agency's placement recommendation; missing exhibits often lead to continuance or denial.

Does the judge always approve kin placement?

No. Judges consider child safety, agency reports, and permanency; approval depends on the evidence that the relative can meet the child's needs safely and consistently.

Who must be served with the motion?

Service typically includes the child's parents or guardians, the agency, and any attorneys of record; follow local rules for service methods and proof of service.

Is notarization required for the signature?

Some courts request notarized declarations or proof of identity; check state rules for remote notarization (RON) or in-person notary requirements before filing.

How soon is placement effective after approval?

A judge may order immediate temporary placement or schedule follow-up conditions; timing depends on the court's order, agency logistics, and any additional licensing steps.

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Motion for Order Approving Relative as Foster Parent

Motion for Order Approving Relative as Foster Parent

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Motion for Order Approving Relative as Foster Parent

F.C.A. §1028-a

Form 10-17

(Motion for Order Approving

Relative as Foster Parent)

(9/2005)

FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF Docket No.

In the Matter of

A Child Under the Age of 18

Alleged to be Abused Neglected by

MOTION FOR AN ORDER
APPROVING RELATIVE
AS FOSTER PARENT

TO: .Respondent(s).

PLEASE TAKE NOTICE that upon the annexed affidavit of :

sworn to on the day of

and upon all prior proceedings, a motion will be made at this Court at :

on : , or as soon thereafter as the parties and counsel can be heard for an Order, pursuant to Section 1028-a of the Family Court Act, transferring the above-named child(ren), who (is)(are) in foster care, to reside with the affiant as a foster parent, directing the commissioner of social services to commence an investigation of the affiant's home within 24 hours and thereafter expedite approval or certification of the affiant, if qualified, as a foster parent.

Dated:

Yours, etc.

Affiant

Print or type name

Signature of Attorney, if any

Attorney's Name (Print or Type)

Attorney's Address and Telephone Number

What the Motion for Order Approving Relative as Foster Parent Is

A Motion for Order Approving Relative as Foster Parent is a court filing that asks a juvenile or family court to authorize a specific family member to serve as a foster parent for a child in state custody. The motion explains the relationship, the proposed living arrangements, background checks, and any child welfare agency recommendations. Courts use this motion to consider placing a child with kin rather than nonrelative foster care, balancing child safety, permanency, and family connections while meeting statutory and agency approval requirements.

Why this Motion Matters and Its Legal Basis

The motion promotes kinship placement, which can reduce placement disruption and preserve family bonds while complying with federal and state child welfare standards. Electronic filing and signature options are legally recognized under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, but check local court rules for exceptions and required notarization.

Who Typically Prepares and Files This Motion

The motion is most often prepared by a relative petitioner, a child welfare agency, or the child's attorney to request court approval for kin placement.

Relative caregivers petitioning to be approved as temporary or licensed foster parents.
Child welfare agencies submitting placement recommendations and background checks.
Attorneys for the child or parents who draft and support the motion in court.

Step-by-Step: Filing the Motion

Follow these core steps to prepare, file, and present the motion at hearing.

01

Prepare Documents: Gather ID, background checks, home-safety checklist, and agency reports.
02

Draft Motion: Write factual statements, requested order, and supporting declarations.
03

File & Serve: File with court clerk and serve parties per local rules.
04

Attend Hearing: Present the family's case and evidence to the judge.

How to Configure a Digital Workflow for This Motion

Set up a structured online process to collect signatures and attachments securely.

Field	Configuration
Document Template	Create a reusable PDF or DOCX template for the motion and declaration.
Signer Roles	Define roles: Petitioner, Attorney, Agency Representative.
Authentication	Select email or SMS code for signer verification; enable stronger options for agency signers.
Attachments	Require photo ID, background check results, and home assessment as mandatory uploads.

Typical eSubmission Flow for the Motion

This flow outlines common digital steps when e-filing or using an eSignature platform.

Upload: Submit the completed motion and exhibits to the platform or court portal.
Place Fields: Add signature, date, and initial fields for each signer.
Send to Signers: Dispatch signing links or invites to named parties.
Receive Signed Copy: Collect final signed PDF and certificate of completion for filing.

Digital Signing and Technical Considerations

Choose a platform that supports document formats, audit trails, and required signer authentication.

Formats: PDF and DOCX
Integrations: Court e-file portals, case management systems
Authentication: Email, SMS code, or advanced ID checks

Pricing Comparison for eSignature Platforms Often Used with This Motion

Basic pricing elements for commonly used eSignature vendors. Choose a plan that meets authentication, HIPAA, and bulk-send needs.

	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 trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes

Security and Privacy Considerations for Electronic Submission

Encryption: TLS in transit

Data At Rest: AES-256 storage

Access Controls: Role-based permissions

Audit Trail: Timestamps and IP logging

HIPAA: BAA available

Compliance: ESIGN and UETA alignment

Consequences of an Incorrect or Incomplete Motion

Denial of Placement: Court may deny approval

Delay in Placement: Additional hearings required

Compliance Risk: Failure to meet agency rules

Service Defect: Motion may be rejected

Evidence Issues: Missing documentation weakens case

Cost Increase: More attorney time and fees

Common Preparation Pitfalls to Avoid

Failing to attach required agency reports or criminal background checks which can lead to immediate continuance or denial.
Using inconsistent names or dates across documents, causing identity mismatches during background verification and court review.
Omitting a clear requested order or proposed placement plan, which forces the judge to seek more information or deny relief.
Assuming electronic signatures meet court requirements without confirming local rules or notarization needs for the specific filing.

Practical Tips for Accurate, Efficient Completion

Adopt these practices to reduce rejection risk and speed the court's decision.

Use a Standard Template

Start with a jurisdiction-specific template to ensure required language and formatting are included.

Attach Supporting Proof

Include ID, background checks, home-safety checklist, and agency recommendation to support approval.

Confirm Service Rules

Serve all parties per local rules and file proof of service before the hearing.

Coordinate with Agency

Work with the child welfare agency early to align timelines and required disclosures.

Realistic Use Cases Illustrating Typical Outcomes

These two scenarios show how the motion functions in real agency and court contexts.

Grandparent Placement

A maternal grandmother filed the motion after the agency recommended kinship placement

The grandmother submitted ID, background clearances, and a home-safety report
The court granted temporary placement pending final licensing, preserving contact with siblings and reducing placement disruption for the child.

Aunt Short-Term Approval

An aunt sought short-term foster approval when parents were temporarily unable to care for the child

The petition included an agency safety plan and references
The judge approved placement for 90 days with a follow-up review to confirm long-term suitability.

Key Parties and Who Signs the Motion

Relative Petitioner

A family member who seeks court approval to care for the child files the motion, signs declarations under penalty of perjury, and provides identification and home-safety evidence to support the placement request.

County Social Worker

The agency representative prepares or supplements the motion with investigation results, signs agency recommendations, and provides the court with background checks and placement assessments.

Typical Timeframes and Deadlines to Expect

Timeframes vary by jurisdiction, but the following milestones are commonly observed in kinship placement matters.

Filing to Hearing:

Often 14–60 days depending on court calendar and urgency

Service Period:

Serve respondents within the period required by local rules, commonly 7–14 days

Agency Reports:

Agency assessments typically due 7–21 days before hearing

Temporary Placement Duration:

Temporary orders often set review within 30–90 days

Record Retention Reminder:

Keep copies until record retention period expires per agency guidance

Key Milestones From Filing to Final Order

A typical milestone sequence tracks filing, review, hearing, and final orders on a single timeline.

01

File Motion

Submit the signed motion and exhibits to the court clerk for docketing.

02

Serve Parties

Provide notice and proof of service to parents, guardians, and agency counsel.

03

Agency Assessment

Complete background checks, safety assessment, and written recommendation.

04

Court Hearing

Judge reviews evidence and determines temporary or permanent approval.

Frequently Asked Questions About the Motion

Answers to common questions about preparing, filing, and signing the Motion for Order Approving Relative as Foster Parent.

Need help? Contact support

Can the motion be e-signed?
In most jurisdictions electronic signatures are legally valid under the ESIGN Act and UETA where adopted; however local court rules may require notarization or wet signatures for specific documents, so confirm with the clerk.
What attachments are essential?
Provide government ID, criminal-background disclosures, home-safety checklist, and the agency's placement recommendation; missing exhibits often lead to continuance or denial.
Does the judge always approve kin placement?
No. Judges consider child safety, agency reports, and permanency; approval depends on the evidence that the relative can meet the child's needs safely and consistently.
Who must be served with the motion?
Service typically includes the child's parents or guardians, the agency, and any attorneys of record; follow local rules for service methods and proof of service.
Is notarization required for the signature?
Some courts request notarized declarations or proof of identity; check state rules for remote notarization (RON) or in-person notary requirements before filing.
How soon is placement effective after approval?
A judge may order immediate temporary placement or schedule follow-up conditions; timing depends on the court's order, agency logistics, and any additional licensing steps.

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