Order Appointing Kinship Guardian [Subsidized] And-Or Permanent Guardian {6-5-a}

F.C.A 247247 661; 1089 - a; S.C.P.A.247247 1 706, 1707 Form 6 - 5 - a [ NOTE : This form should be used only for appointment of (Order Appointing Kinship Guardian guardians in conjunction with the NYS Sub sidized Kinship [ Subsidized Kinship Guardian P rogram] Guardian Program or Permanent Guardians] and/or Permanent Guardian) 3/2018 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 Proceedings for the Appointment of a Docket No. Kinship Guardian (Subsidized Kinship Guardian Program) Family File No. Permanent Guardian of ORDER APPOINTING Kinship Guardian (Subsidized Kinship Guardian Program ) a Person Under the Age of 21 Permanent Guardian Upon reading and filing the petition, duly verified on , , applying for the appointment of [specify names of Petitioner(s)]: as kinship guardian(s) of the above - named person under the age of 21 in conjunction with the Subsidized Kinship Guardian Program and/or permanent guardi an(s) of the above - named person under the age of 21; [Check applicable box(es)]: And whe re the subject of the petition is 18 years of age or older, he/she having consented to the appointment of the guardian; And where the subject of the petition is over 14 but less than 18 years of age, the child having been consulted and having [check one]: expressed a preference for the appointment of the guardian; expressed no preference; opposed the appointment of the guardian; And this Court having determined that the best interests of the subject of the petition will be promoted by the appointment of a [check one or both boxes]: kinship guardian(s) of the above - named person under the age of 21, who has been deemed by the foll owing socia l services district [specify]: to be eligible for the Subsidized Kinship Guardian Program, and/or permanent guardian of the above - nam ed person under the age of 21, and that [specify guardian(s)]: i s/are in all respects competent to act as guardian(s) and to raise the above - named person to adulthood; [Applicable to cases where the hearing was held jointly with the child protective dispositional or permanency hearing, pursuant to F.C.A. 2472471055 - b or 1089 - a; delete if inapplicable]: American LegalNet, Inc. www.FormsWorkFlow.com And this Court, having convened the hearing on this petition jointly with the dispositional or per manency hearing, finds that: 1. Termination of the order placing or remanding the ch ild(ren) pursuant to Article 10 or 10 - A of the Family Court Act will will not is is not in the best interests of the child(ren); and has has not consented to the award of guardianship to guardianship of the child(ren) [specify]: has ha s not consented to the award of standing to seek guardianship of the child(ren) [specify]: [Applicable to all appli cations for appointment of a guardian in conjunction with the Subsidized Kinship Guardian program]: And this Court, having determined that it would would not be in the best interests of the above - named child for Petitioner to be appointed as a kinshi p guardian in conjunction with the Subsidized Kinship Guardian Program, finds that [check all applicable boxes]: 1. In related proceedings regarding the above - named child [check applicable box]: [Applicable to related child protective proceedings]: Fact - finding and permanency hearing have been completed pursuant to Family Court Act 2472471051 and 1089; [Applicable to voluntary foster care, juvenile delinquency, PINS a nd freed - child proceedings]: A permanency hearing has been completed pursuant to Famil y Court Act 247247355.5, 756 - a or 1089; and 2. a. Petitioner(s) [check applicable box]: is/are related to the child through blood, marriage, or adoption; - sibling; have a positive relationship to the child; and b. Petitioner(s) has/have been caring for the child as fully certified or approved foster parent(s) for at least six consecutive months prior to applying to the local social services district for kinship guardianship assistance payments; and 3. The local social services district has determined that Petitioner(s) is/are eligible to serve as a kinship guardian under the Subsidized Kinship Guardian Program and has signed an agreement with the Petitioner to provide kinship guardianship assistan ce payments for the child to the Petitioner under title ten of article six of the social services law; and. 4 Referral for legal guardianship by the Petitioner(s) is/are an appropriate permanency goal commitment to permanently caring for the child; and. 5. The following compelling reasons exist for determining that neither return home nor adoption of the child are in the best interests of t he child and are, therefore, not appropriate permanency options for the child [specify]: American LegalNet, Inc. www.FormsWorkFlow.com Form 6 - 5 - a Page 3 6. It would be in the b est interests of the child for following adult [s pecify] , w ho is 18 years of age or older, to be designated as the successor guardian to take effect when and if a the successor files a petition for guardianship that is granted in the event of the death or incapacity of the Petitioner(s). . IT IS HEREBY ORDERED that [specify guardian(s)]: , upon taking the official oath and filing the designation as required by law, is/are appointed [check applicable box(es)]: kinship guardian (Su bsidized Kinship Guardian Program) permanent guardian of [specify name of subject of the petition]: upon the following terms and conditions [specify]: and that Letters of Guardianship shall issue to the Guardian(s) accordingly; and it is further ORDERED [check applicable box]: 18 th birthday, unless the subject consents upon reaching the age of 18 to the extension of the appointment until his or her 21 st birt hday; OR 21 st birthday, since the subject is over 18 and has consented to the appointment until he/she reaches the age of 21; 1 [OPTIONAL where kinship guardianship under the Subsidized Kinship Guardian program is ordered; Check box if applicable]: ORDERED that the following adult [specify] , who is 18 years of age or older, is designated as the successor guardian to take effect when and if the successor guardian files a petition for, and is granted, guardianship in the event of the death or incapacity of the Petiti oner. [REQUIRED in all cases in which kinship guardianship under the Subsidized Kinship Guardian program is ordered; delete if inapplicable]: ORDERED that the following local department of social services [specify]: and the following attorney for the child [specify]: shall receive notice of, and be made parties to, any such subsequent proceedings regarding custody or guardianship of the child. 1 If Petitioner is appointed as a kinship guardian, payments under the subsidized kinship guardian progra m may continue until the child is 21 only if the social services district determines that the child is: (i) completing secondary education or a program leading to an equivalent credential; (ii) enrolled in an institution which provides post - secondary or v ocational education; (iii) employed for at least eighty hours per month; (iv) participating in a program or activity designed to promote, or remove barriers to, employment; or (v) incapable of any of such activities due to a medical condition, which incapa bility is supported by regularly updated information in the case plan of the child. American LegalNet, Inc. www.FormsWorkFlow.com Form 6 - 5 - a Page 4 [Applicable to all cases wher e hearing was held jointly with child protective dispositional or permanency hearing, pursuant to F.C.A. 2472471055 - b or 1089 - a; delete if inapplicable]: ORDERED that the local department of social services [specify]: and the following attorney for the child(ren)[specify]: shall be notified and shall be made parties to any subsequent proceedings for modification, enforcement or termination of the Order; AND IT IS F URTHER ORDERED that [specify]: ENTER Judge of the Family Court Dated: , . PURSUANT TO SECTION 1113 OF THE FAMILY COURT A CT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILI