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The New York 10 18 form, officially titled "Order on Motion for Approval of Relative as Foster Parent," is a crucial document in the context of child welfare and family law. It is utilized within the Family Court system to facilitate the placement of a child under the age of 18 with a relative who seeks to become a certified foster parent. This form is initiated by a motion filed by the relative, requesting the court to direct the local social services commissioner to conduct a prompt investigation of the relative’s home. The investigation must commence within 24 hours, ensuring a swift response to the child's needs. The form outlines the necessary legal proceedings, including the appearance of various parties such as the petitioner, the relative/movant, and potentially the child’s attorney. The court evaluates the motion based on the best interests of the child, determining whether to grant or deny the request for approval. If granted, the relative may begin the process of certification as a foster parent, although no placement can occur until the relative is officially approved. The form also includes essential information regarding appeal rights, emphasizing the importance of timely action should any party wish to contest the court's decision.

Preview - New York 10 18 Form

F.C.A. §1028-a

Form 10-18

 

 

 

(Child Protective - Order on Motion

 

 

 

for Approval of Relative as Foster

 

 

 

Parent)

 

 

 

(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.

 

 

 

 

Judge

 

...................................................................................

 

In the Matter of

 

CIN #

Docket No.

A Child Under the Age of 18

ORDER ON MOTION FOR

Alleged to be GAbused GNeglected by

APPROVAL OF RELATIVE

 

AS FOSTER PARENT

..............................................Respondent(s)

 

A motion having been filed with this Court on [specify date]:

,

by [specify relative/movant’s name]:

 

requesting an Order, pursuant to Section 1028-a of the Family Court Act,

placing the above-named

child(ren) in foster care to reside with such relative/movant, directing the commissioner of social services to commence an investigation of the relative/movant’s home within 24 hours and thereafter expedite the relative/movant’s approval or certification, if deemed qualified, as a foster parent;

And the Relative/Movant having appeared, and the Petitioner, having appeared with counsel, and the Respondent(s) having Gappeared Gnot appeared, and counsel for the Respondent(s) having Gappeared Gnot appeared, and the attorney for the child having Gappeared Gnot appeared, and the following other person(s) having appeared [specify, if any]:

;

This Court, after giving due consideration to the motion and to the best interests of the

child(ren), and [check applicable box(es)]: G upon examination of the motion papers and supporting affidavit(s); and G upon hearing testimony in relation thereto,

NOW, it is therefore [Check applicable box(es)]:

G ORDERED, that the Relative/Movant’s motion is GRANTED, that Petitioner shall commence an investigation of the relative/movant’s home within 24 hours and thereafter expedite the Relative/Movant’s approval or certification, if deemed qualified, as a foster parent, but shall not place the

Form 10-18

Page 2

child(ren) with the Relative/Movant until and unless he or she is finally approved or certified as a foster parent, or, if the Relative/Movant is deemed upon investigation not to qualify as a foster parent, Petitioner shall report that determination to the Court, the parties and the attorney for the child forthwith;

OR

G ORDERED, that the Relative/Movant’s motion is DENIED; (and it is further) G ORDERED, that

ENTER

Judge of the Family Court

Dated:,

PURSUANT TO § 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, 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT OR 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO THE APPELLANT BY THE CLERK OF THE COURT, 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]:

Form Characteristics

Fact Name Details
Governing Law Family Court Act § 1028-a
Form Purpose This form is used to request approval for a relative to become a foster parent.
Filing Requirement A motion must be filed with the Family Court to initiate the process.
Investigation Timeline The commissioner of social services must investigate the relative's home within 24 hours.
Child's Age The order applies to children under the age of 18.
Hearing Requirement The court may require a hearing to consider the motion and testimonies.
Order Outcomes The court can either grant or deny the motion for relative approval.
Final Approval Placement of the child with the relative is contingent upon final approval as a foster parent.
Appeal Period An appeal must be filed within 30 days of receipt of the order.
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