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Outline

The New York 10 18 form plays a crucial role in the Family Court system, specifically when it comes to the welfare of children under the age of 18. This form is utilized to request approval for a relative to become a foster parent, particularly in cases where a child is alleged to be abused or neglected. When a motion is filed, it triggers a process that includes an immediate investigation by the commissioner of social services into the relative's home. This investigation must commence within 24 hours, ensuring that the child's safety and well-being are prioritized. The form also outlines the responsibilities of various parties involved, including the petitioner, the respondent, and the attorney for the child. Depending on the findings of the investigation, the court can either grant or deny the motion, determining whether the relative qualifies to provide a safe and nurturing environment for the child. The form is not just a procedural document; it embodies the court's commitment to acting in the best interests of children, while also establishing a clear timeline for appeals and further actions. Understanding the nuances of the 10 18 form is essential for anyone navigating the complexities of child welfare cases in New York.

Sample - 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 Information

Fact Name Details
Governing Law F.C.A. §1028-a governs the process for approving relatives as foster parents in New York.
Form Title Form 10-18 is officially titled "Child Protective - Order on Motion for Approval of Relative as Foster Parent."
Purpose of the Form This form is used to request the court's approval for a relative to become a foster parent.
Filing Requirements A motion must be filed with the Family Court to initiate the approval process for a relative.
Investigation Timeline The commissioner of social services is required to investigate the relative's home within 24 hours of the motion being filed.
Child's Best Interests The court considers the best interests of the child when making a decision on the motion.
Outcome Possibilities The court may either grant or deny the motion for approval of the relative as a foster parent.
Notification of Decision If the relative is not approved, the petitioner must report this determination to the court and involved parties.
Appeal Process An appeal from the order must be filed within 30 days of receipt, with specific conditions outlined for the timing.

Detailed Guide for Filling Out New York 10 18

Completing the New York 10 18 form requires careful attention to detail. After filling it out, you will submit it to the Family Court, where it will be reviewed as part of the process concerning the approval of a relative as a foster parent. Follow these steps to ensure you fill out the form correctly.

  1. Begin by entering the County where the Family Court is located at the top of the form.
  2. Fill in the date of the court session in the designated space.
  3. Provide the name of the Judge presiding over the case.
  4. In the section labeled "In the Matter of," input the CIN # and Docket No. related to the child.
  5. Specify the name of the child who is under the age of 18 in the appropriate field.
  6. Indicate whether the child is alleged to be abused or neglected by checking the corresponding box.
  7. Enter the date when the motion was filed in the specified area.
  8. Write the name of the relative/movant requesting the order.
  9. Check the box next to the applicable statement regarding the appearances of the parties involved in the case.
  10. In the section that follows, check the appropriate box to indicate whether the court examined the motion papers or heard testimony.
  11. Next, check the box to indicate whether the motion is granted or denied.
  12. If the motion is granted, fill in the date of the order and sign it as the Judge of the Family Court.
  13. Finally, complete the section regarding the appeal, specifying the date the order was mailed and to whom it was sent.

Obtain Answers on New York 10 18

  1. What is the New York 10 18 form?

    The New York 10 18 form, officially titled "Order on Motion for Approval of Relative as Foster Parent," is a legal document used in Family Court proceedings. 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 facilitates the process of investigating and certifying the relative's home as suitable for fostering.

  2. Who can file a New York 10 18 form?

    A relative of the child can file the New York 10 18 form. This relative must be someone who wishes to take on the responsibility of fostering the child while the court addresses allegations of abuse or neglect. The relative must provide their name and details in the motion filed with the court.

  3. What happens after the form is filed?

    Once the form is filed, the Family Court will review the motion. The court may conduct a hearing where testimony can be presented. The judge will then decide whether to grant or deny the motion, based on the best interests of the child and the evidence provided.

  4. What is the timeline for the investigation?

    If the motion is granted, the commissioner of social services is required to start an investigation of the relative's home within 24 hours. This investigation assesses whether the relative meets the qualifications to be a foster parent.

  5. Can a child be placed with the relative immediately?

    No, a child cannot be placed with the relative until the relative has been officially approved or certified as a foster parent. If the investigation finds that the relative does not qualify, the court and other parties will be informed promptly.

  6. What if the motion is denied?

    If the court denies the motion, the relative will not be able to foster the child. The court will issue an order detailing the reasons for the denial, which may be important for any future motions or appeals.

  7. How long does one have to appeal the court's order?

    An appeal from the order must be filed within 30 days of receiving the order in court, or 30 days after service by a party or the attorney for the child, or 35 days from the mailing date of the order by the court clerk—whichever occurs first.

  8. What information is required on the form?

    The form requires specific details, including the name of the relative or movant, the child's information (CIN and docket number), and the date the motion is filed. Additionally, it may require information about other parties involved in the case.

  9. Is legal representation necessary to file this form?

    While it is not strictly required to have legal representation to file the New York 10 18 form, having an attorney can be beneficial. An attorney can help navigate the complexities of the Family Court system and ensure that the motion is properly presented.

  10. Where can one obtain the New York 10 18 form?

    The New York 10 18 form can typically be obtained from the Family Court in the relevant county. It may also be available online through the New York State Unified Court System's website, where forms for various legal proceedings are provided.

Common mistakes

Completing the New York 10 18 form can be a complex process, and mistakes can lead to delays or denials of requests. One common error is failing to provide complete and accurate information about the child. The form requires specific details, including the child's name and docket number. Omitting any of this information can result in the court being unable to process the motion effectively.

Another frequent mistake involves incorrect dates. Applicants often miswrite the date of the motion or the date of the child’s birth. These discrepancies can create confusion and may even lead to the rejection of the application. It is essential to double-check all dates for accuracy before submission.

Many people also overlook the importance of signatures. The form requires signatures from various parties involved, including the relative/movant and the attorney for the child. Failing to secure all necessary signatures can halt the progress of the motion and necessitate resubmission.

In addition, individuals sometimes neglect to check the appropriate boxes on the form. The form includes several sections where boxes must be checked to indicate specific requests or circumstances. Not completing these sections can lead to misunderstandings regarding the nature of the request.

Another common error is not providing sufficient supporting documentation. The court may require additional evidence to support the motion, such as background checks or home assessments. Without these documents, the motion may be deemed incomplete.

Applicants may also fail to appear in court as required. If the relative/movant does not attend the hearing, the court may dismiss the motion. It is crucial to understand the importance of presence during the proceedings.

Additionally, some individuals do not follow the proper protocol for filing the form. Submitting the form to the wrong court or office can lead to significant delays. It is vital to ensure that the form is filed in the appropriate jurisdiction.

People often underestimate the timeline involved in the approval process. The form includes specific time frames for investigations and responses. Not adhering to these timelines can jeopardize the request and result in further complications.

Finally, some applicants do not seek legal assistance when needed. Navigating the Family Court system can be challenging, and having legal representation can help avoid many of these common pitfalls. Seeking guidance can lead to a smoother process and a higher likelihood of success.

Documents used along the form

The New York 10-18 form is an essential document in child protective proceedings, specifically related to the approval of relatives as foster parents. Alongside this form, several other documents are commonly utilized to ensure a thorough and efficient process. Below is a list of these forms and documents, each serving a distinct purpose in the legal framework.

  • FCA §1028 Petition: This document initiates the legal process by formally requesting the court to intervene in child custody matters, particularly when a child is alleged to be abused or neglected.
  • FCA §1034 Notice of Motion: This notice informs all parties involved of the motion being filed, including the time and place of the hearing, ensuring transparency and proper notification.
  • Affidavit of Support: A sworn statement provided by the relative or movant, detailing their qualifications and reasons for wanting to become a foster parent, which aids the court in its decision-making process.
  • Home Study Report: Conducted by social services, this report evaluates the relative's home environment to determine its suitability for fostering a child, focusing on safety and stability.
  • Child's Best Interest Evaluation: This assessment considers the emotional and physical needs of the child, ensuring that any placement decision aligns with their best interests.
  • Order of Protection: In cases where there are allegations of abuse or neglect, this order may be issued to ensure the safety of the child during the legal proceedings.
  • Final Foster Care Approval: Once all evaluations and investigations are completed, this document formally approves the relative as a foster parent, allowing for the placement of the child.

Each of these documents plays a vital role in the child welfare system, ensuring that the process is thorough and that the best interests of the child are prioritized. Understanding these forms can help relatives navigate the complexities of becoming a foster parent in New York.

Similar forms

  • New York Form 10-17: This document is used for the approval of a relative as a foster parent, similar to the 10-18 form. It also involves a motion filed with the court and requires the investigation of the relative’s home.
  • New York Form 10-19: This form addresses temporary custody arrangements. Like the 10-18, it aims to prioritize the child’s best interests and requires court approval for placement.
  • New York Form 10-20: This document is for requesting guardianship. It shares similarities with the 10-18 form in that it seeks court intervention for the care of a minor, focusing on the child's welfare.
  • New York Form 10-21: This form is used for filing an application for adoption. Both forms require a thorough investigation of the prospective guardian or foster parent’s home and suitability.
  • New York Form 10-22: This document pertains to a motion for visitation rights. Similar to the 10-18, it involves a court hearing and considers the child's best interests in determining the outcome.
  • New York Form 10-23: This form is related to child custody modifications. It requires a court's assessment of the child's living situation, akin to the process outlined in the 10-18 form.
  • New York Form 10-24: This document is for filing a motion for child support. It shares the same judicial oversight as the 10-18 form, ensuring that the child's needs are met through legal means.
  • New York Form 10-25: This form is used to request a change in guardianship. It follows a similar procedure to the 10-18, focusing on the child’s best interests and requiring court approval for any changes in care.

Dos and Don'ts

When filling out the New York 10-18 form, there are important guidelines to follow. Below is a list of ten things to do and not to do to ensure the process goes smoothly.

  • Do carefully read the instructions provided with the form to understand all requirements.
  • Do provide accurate and complete information about the child and the relative/movant.
  • Do ensure all signatures are obtained before submitting the form.
  • Do check all dates mentioned in the form for accuracy.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections of the form blank; fill in all required fields.
  • Don't submit the form without reviewing it for errors or omissions.
  • Don't forget to check the applicable boxes as required in the form.
  • Don't provide false information, as this can lead to serious consequences.
  • Don't delay in submitting the form, as timely action is essential for the child's welfare.

Following these guidelines will help facilitate a smoother process and ensure that the best interests of the child are prioritized.

Misconceptions

Misconceptions about legal forms can lead to confusion and missteps in important processes. The New York 10 18 form, which deals with the approval of relatives as foster parents, is no exception. Here are four common misconceptions regarding this form:

  • It guarantees immediate placement of the child with the relative. Many believe that filing the 10 18 form ensures that a child will be placed with the relative right away. In reality, the form initiates an investigation into the relative's suitability as a foster parent, and placement only occurs after approval.
  • All relatives are automatically qualified to be foster parents. There is a misconception that being a relative is enough to qualify someone as a foster parent. However, the relative must still undergo a thorough investigation and meet specific criteria to be approved.
  • The court's decision is final and cannot be appealed. Some individuals think that if the court denies the motion, there is no option for recourse. This is incorrect. The order can be appealed within a specified timeframe, allowing the relative to seek reconsideration of the decision.
  • The process is quick and straightforward. Many assume that the process of approval is quick and simple. However, it often involves multiple steps, including investigations and hearings, which can take time to complete.

Understanding these misconceptions can help relatives navigate the foster care system more effectively and ensure that the best interests of the child are prioritized.

Key takeaways

When filling out and using the New York 10 18 form, there are several important points to keep in mind. This form is essential for requesting the approval of a relative as a foster parent under specific circumstances. Here are key takeaways to consider:

  • The form is officially titled "Order on Motion for Approval of Relative as Foster Parent" and is used in Family Court.
  • It is necessary to specify the county and the date when the motion is filed.
  • The relative or movant’s name must be clearly indicated to ensure proper identification.
  • The form requires a checkmark to indicate whether the relative/movant has appeared in court, along with the status of the other parties involved.
  • After reviewing the motion and considering the child’s best interests, the court will decide to either grant or deny the motion.
  • If granted, the court orders the commissioner of social services to investigate the relative/movant’s home within 24 hours.
  • It is crucial to remember that the child(ren) cannot be placed with the relative/movant until they are officially approved as a foster parent.
  • The form also outlines the timeline for appealing the order, which is typically within 30 days from receipt or service.

Understanding these aspects of the New York 10 18 form can help ensure that the process runs smoothly and that the best interests of the child are prioritized.