Findings Of Fact Conclusions Of Law And Order Of Disposition (Abandoned Child) {TPR-7}

Soc. Serv. Law §§ 384-b; F.C.A. §1089 Form TPR-7 (Findings of Fact, Conclusions of Law and Order of Disposition ­ Abandoned Child) 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 the Commitment of Guardianship and Custody pursuant to section 384-b of the Social Services Law of Docket No. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DISPOSITION (Abandoned Child) CIN # A Child under the Age of Eighteen Years, alleged to be an Abandoned Child ___________________________________ THE NEXT PERMANENCY HEARING SHALL BE HELD ON [specify date/time]:1 A Petition under Section 384-b of the Social Services Law, dated [specify]: , having been filed in this Court alleging that [specify]: is an abandoned child; and summonses having been issued and duly served upon and notice having been duly given to all proper parties hereto, and Respondent #1 [specify]: having appeared with counsel without counsel waived counsel not appeared; And Respondent #1 [specify]: having: voluntarily, intelligently and knowingly admitted in open court that (s)he committed the following act(s) [specify]: denied the allegations of the petition and the matter having duly come on for a factfinding hearing before this Court ; failed to appear and the matter having duly come on for a fact- finding hearing by inquest before this Court ; 1 Respondent is NOT a party to the permanency hearing if his or her rights have been terminated. Unless the petition is dismissed or the child is returned home, the permanency hearing must be scheduled for a date certain within 30 days of the earlier of this Court's announcement of its decision or issuance of this Order. The next permanency hearing must be scheduled for a date certain not more than six months after the completion of the permanency hearing. A separate permanency order, Form PH-6, must be issued even if the permanency hearing is combined with the dispositional hearing in this proceeding. American LegalNet, Inc. www.FormsWorkFlow.com Form TPR-7 Page 2 Respondent #2 [specify, if any]: having appeared with counsel without counsel waived counsel not appeared; And Respondent #2 [specify, if any]: having: voluntarily, intelligently and knowingly admitted in open court that (s)he committed the following act(s) [specify]: denied the allegations of the petition and the matter having duly come on for a factfinding hearing before this Court ; failed to appear and the matter having duly come on for a fact- finding hearing by inquest before this Court; And the child having been represented by an attorney; [Required where only one parent or non-parent is Respondent; check if applicable]: The legal status of the other parent(s) [specify]: is/are as follows [specify if rights retained, terminated, surrendered or if parent is deceased or whereabouts unknown]: [Required in cases involving Native-American children; check if applicable]: And the following having been duly notified [check applicable box(es)]: parent/custodian2 tribe/nation United States Secretary of the Interior; and the tribe/nation having appeared and participated as a party; appeared and declined to assume jurisdiction; appeared and requested transfer of jurisdiction; not appeared; And the matter having duly come on for a fact-finding hearing , the Court, after [check box] hearing the proofs and testimony offered in relation to the case accepting the admission by Respondent(s) [specify]: The Court finds that the allegations that [specify Respondent(s)]: (has) (have) abandoned the child for a period of six months immediately preceding the filing of the petition are are not supported by clear and convincing evidence, and the Court further makes the following findings of fact by clear and convincing evidence and comes to the following conclusions of law: FINDINGS OF FACT [insert] CONCLUSIONS OF LAW [insert] The matter having duly come on for a dispositional hearing, and 2 Notice to parent is not required if parental rights were terminated. American LegalNet, Inc. www.FormsWorkFlow.com Form TPR-7 Page 3 Respondent [specify]: having appeared with counsel without counsel waived counsel not appeared; Respondent [specify]: having appeared with counsel without counsel waived counsel not appeared; before this Court for the dispositional hearing; and [Applicable in cases where guardianship and custody are committed to an authorized agency]: The Court having determined that the following individual(s) would be entitled to notice of an adoption pursuant to Domestic Relations Law §111-a [specify name(s)]: And the Court having determined that such person(s) had had not been provided with notice of the proceeding and that such person(s) had had not appeared; [Required if Child is 14 or Older]: The above-named child, who was born on [specify]: has consented to adoption by [specify]: has withheld consent to adoption by [specify]: for the following reasons [specify, including information furnished by the attorney for the child and/or child]: The Court, having made examination and inquiry into the facts and circumstances of the case and into the surroundings, conditions and capacities of the persons involved in this proceeding, finds that the best interests of the child require the disposition made below; NOW, therefore, it is ORDERED AND ADJUDGED that [specify]: is not an abandoned child and the petition is DISMISSED. OR is an abandoned child as defined in subdivision five of section 384-b of the Social Services Law; and it is [Check applicable box(es)]: ORDERED that the guardianship and custody rights of [specify]: are transferred to [specify]: , an authorized agency foster parent(s); and such guardianship and custody of the child are committed to the authorized agency foster parent(s) upon the following terms and conditions [specify]: And it is further ORDERED that [specify]: is authorized and empowered to consent to the adoption of the child subject to the order of a Court of competent jurisdiction to which a petition for adoption is submitted without the consent of or further notice to [specify]: , the [specify relationship to the child]: Applicable where guardianship and custody have been transferred to the Petitioner AND IT IS FURTHER ORDERED that the Petitioner herein shall forthwith advise the preadoptive foster parents(s) of his/her/their right to file an adoption petition in a court of c