The New York 10 18 form is a legal document used in Family Court to request approval for a relative to become a foster parent. This form is essential for initiating the process of placing a child under the age of 18 with a relative who seeks to provide care. It outlines the necessary steps for investigation and approval, ensuring that the best interests of the child are prioritized.
The New York 10 18 form, officially known as the Order on Motion for Approval of Relative as Foster Parent, plays a crucial role in child welfare proceedings within the Family Court system. This form is utilized when a relative seeks to become a foster parent for a child under the age of 18 who is alleged to be abused or neglected. It initiates a process where the court considers the best interests of the child while assessing the relative's suitability to provide a safe and nurturing environment. The form requires specific details, including the names of the parties involved, the date of the motion, and the circumstances surrounding the request. Once filed, the court is tasked with directing the local social services department to investigate the relative's home within 24 hours. This investigation is pivotal, as it determines whether the relative can be approved or certified as a foster parent. Ultimately, the court's decision can either grant or deny the motion, impacting the child's immediate living situation and long-term welfare. Understanding the nuances of this form is essential for relatives navigating the foster care system, as it sets the stage for critical decisions regarding a child's future.
Misunderstandings about the New York 10 18 form can lead to confusion for those involved in child welfare cases. Here are seven common misconceptions:
When filling out the New York 10 18 form, keep the following guidelines in mind:
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
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]:
The New York 10 18 form, also known as the Order on Motion for Approval of Relative as Foster Parent, is a legal document used in Family Court. It allows a relative to request approval to become a foster parent for a child who is alleged to be abused or neglected. The form initiates an investigation into the relative’s home to determine if they qualify as a foster parent.
The form can be filed by a relative of the child, referred to as the movant. This relative must be seeking to have the child placed in their care as a foster parent. The relative must demonstrate their ability to provide a safe and nurturing environment for the child.
The form requires specific information, including:
Once the form is filed, the court will review the motion. The commissioner of social services is then directed to investigate the relative's home within 24 hours. This investigation will determine if the relative qualifies to become a foster parent.
The court considers the best interests of the child when making its decision. This includes evaluating the relative’s ability to provide a safe and supportive environment. The court may also consider any testimony or evidence presented during the hearing.
The court can either grant or deny the motion. If granted, the relative will be investigated and may be approved as a foster parent. If denied, the court will provide a reason for the denial.
If the relative is deemed not qualified, the commissioner of social services must report this determination to the court and all parties involved. The child will not be placed with the relative until they receive formal approval.
An appeal must be filed within 30 days of receiving the order. This timeframe applies whether the order was received in court, served by a party, or mailed by the court clerk.
Yes, the relative or their attorney can appear in court during the hearing regarding the motion. This allows them to present their case and any supporting evidence directly to the judge.
Yes, the form must follow a specific format as outlined by the Family Court. It includes sections for the judge's information, details about the child, and the relative's request. It is important to fill out the form accurately to ensure proper processing.
Filling out the New York 10 18 form is an important step in seeking approval for a relative to become a foster parent. This process requires careful attention to detail to ensure that all necessary information is provided accurately. Below are the steps to guide you through completing the form.
Filling out the New York 10-18 form can be a daunting task, especially for those who are navigating the foster care system for the first time. One common mistake is failing to provide complete and accurate information about the child. It is essential to ensure that the child's name, date of birth, and CIN number are filled out correctly. Incomplete information can lead to delays in processing the application.
Another frequent error involves neglecting to specify the date when the motion was filed. This date is crucial for the court's timeline and can affect the urgency of the investigation. Omitting this detail can result in confusion and may hinder the progress of the case.
People often overlook the importance of clearly identifying the relative or movant's name. It is imperative to provide the full legal name as it appears on official documents. Any discrepancies can lead to complications in the approval process.
In addition, many applicants fail to check the appropriate boxes regarding the appearances of parties involved in the case. This includes whether the respondent or their counsel appeared in court. Accurate representation of attendance is vital for the court's records and future proceedings.
Another mistake is not including any additional individuals who may have appeared in court. If there are other relevant parties, their names should be specified. This oversight can impact the court's understanding of the case and the relationships involved.
Some individuals mistakenly think that they can submit the form without the necessary supporting documents. It is important to include any affidavits or evidence that support the motion. Without these documents, the court may not have enough information to make an informed decision.
Failing to check the applicable boxes regarding the court's decision is also a common error. Applicants must indicate whether the motion is granted or denied, as well as any further orders that may apply. This clarity helps ensure that all parties understand the court's ruling.
People sometimes neglect to include the date of the order and the judge's signature. This information is crucial for the enforcement of the order and for any potential appeals. Missing this detail can lead to confusion and complications down the line.
Lastly, many applicants do not pay attention to the appeal process outlined in the form. It is essential to understand the timelines for appealing the court's decision, as failure to act within these deadlines can result in losing the right to appeal.
By being aware of these common mistakes and taking the time to carefully review the form, individuals can help ensure a smoother process in their pursuit of becoming a foster parent.
Filling out and using the New York 10 18 form can be a crucial step in the process of placing a child with a relative as a foster parent. Here are some key takeaways to keep in mind:
By keeping these takeaways in mind, you can navigate the process more effectively and ensure that the best interests of the child are prioritized.
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