The New York 10-18 form is essential in the realm of child protective services, specifically relating to the approval of relatives as foster parents. It is a document used by the Family Court in the State of New York to formally approve or deny a relative's motion to become a foster parent to a child who is alleged to have been abused or neglected. This process is guided under Section 1028-a of the Family Court Act, focusing on ensuring the child's best interests are prioritized through an expedited approval process or through a detailed investigation into the relative's suitability as a foster parent.
In the labyrinthine corridors of the New York legal system, the Form 10-18 stands as a beacon for relatives seeking to become foster parents to children in need, illuminating their path amidst the complexities of child protective proceedings. This form, officially known as the "Order on Motion for Approval of Relative as Foster Parent," emanates from Section 1028-a of the Family Court Act and is a pivotal document within the Family Court of the State of New York. With its roots deeply embedded in the statute, the form is utilized when a relative steps forward, propelled by concern and a sense of duty, to request the court’s approval to foster a child who has been alleged to suffer from abuse or neglect. The motion set forth in Form 10-18 triggers a series of judicial considerations and actions — crucially, the commencement of an investigation into the relative’s home environment within a strict 24-hour timeframe, followed by an expedited review process to determine the relative’s suitability as a foster parent. This careful scrutiny seeks to balance the legal formalities with the profound interests of the child or children involved, emphasizing the paramount importance of their welfare and the necessity of a nurturing and supportive home. With decisions that can pivot from granting to denying the motion based on meticulous evaluations and testimonies, the form also outlines the requisite procedural steps for appealing against the court’s order, marking each phase with the gravitas it deserves and ensuring that the child’s best interests are at the forefront of every decision made.
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]:
Filling out the New York 10 18 form, known as the Child Protective - Order on Motion for Approval of Relative as Foster Parent, is a structured process. This form is crucial for relatives who wish to become foster parents in situations involving children alleged to be abused or neglected. Careful completion of this document facilitates the court's decision-making regarding the child's welfare and the relative's suitability as a foster parent. Following the guidelines step by step ensures that all necessary information is accurately communicated to the court.
After submitting the form, the provided information will guide the next steps in the process. The court's decision, based on the completed 10 18 form and the outcomes of any required investigations, plays an essential role in determining the child's placement and the relative’s role as a potential foster parent. Ensuring accuracy and completeness when filling out the form supports a smoother court procedure.
What is the purpose of the New York 10 18 form?
The New York 10 18 form, also known as the "Child Protective - Order on Motion for Approval of Relative as Foster Parent" form, is a legal document used within the Family Court of the State of New York. Its primary purpose is to facilitate a process wherein a relative of a child who is alleged to be abused or neglected can request to become the foster parent of the child. This request initiates a legal motion asking the court to approve the placement of the child in the relative's care. The form outlines the steps for a commissioner of social services to commence an investigation of the relative's home within 24 hours of the motion and to expedite the relative's approval or certification as a foster parent, assuming they meet the necessary qualifications.
What happens after a relative submits the form?
After the submission of the 10 18 form by a relative seeking to become a foster parent, the Family Court sets into motion a series of investigative and evaluative steps. Initially, the court mandates the commissioner of social services to initiate a home investigation within 24 hours. This investigation aims to assess the suitability of the relative's home and environment for the child's well-being. Based on the outcomes of this assessment and any additional screenings needed to ascertain the relative's ability to provide foster care, the commissioner will either expedite the approval or certification of the relative as a foster parent or declare them unqualified. If the relative is found unqualified, the petitioner and all involved parties, including the attorney for the child, are informed promptly. Furthermore, any decision made by the court, whether granting or denying the motion, can be appealed within specific time frames as outlined by the Family Court Act.
What does it mean when a motion is granted or denied on the form?
On the New York 10 18 form, the court's decision to grant or deny the motion carries significant implications for the child's placement. If the motion is granted, it means the court has authorized the commencement of the investigation into the relative's home and, if the outcome is positive, will expedite the relative's certification as a foster parent. However, the child will not be placed with the relative until the completion of this process and the relative is officially approved or certified. On the other hand, if the motion is denied, the relative's request to foster the child is not approved, and the child will not be placed in their care. In either case, this decision is crucial for determining the immediate living arrangements and care of the child, prioritizing the child's best interests above all.
How can one appeal the court's decision on the 10 18 form?
In the event that a party involved disagrees with the court's decision regarding the New York 10 18 form, an appeal process is available as outlined within the document itself. According to Section 1113 of the Family Court Act, an appeal must be initiated within 30 days of the appellant receiving the order in court, 30 days after another party or the attorney for the child serves the order upon the appellant, or 35 days from the date the order was mailed to the appellant by the clerk of the court, whichever occurs first. This process allows for the re-examination of the court's decision to ensure that the final ruling aligns with the best interests of the child. The specifics of how to file an appeal, including the necessary documents and the appropriate appellate court, should be closely followed to ensure the appeal is considered valid.
Filling out the New York 10 18 form, a critical step in the process of getting approval for a relative to become a foster parent, is often seen as daunting. Yet, being meticulous in avoiding common mistakes can lead to a smoother process. Here are eight common mistakes people make when completing this form:
Common pitfalls in filling out the New York 10 18 form largely stem from inattention to detail or misunderstandings of the requirements. Carefully reviewing the form before submission, potentially with the help of a professional or legal counsel, can mitigate these mistakes. Here's a simplified checklist of dos and don'ts:
By steering clear of these common errors, applicants can aid in ensuring their application to become an approved foster parent is processed efficiently and without unnecessary delays.
When navigating through the process outlined by the New York 10-18 form (Child Protective - Order on Motion for Approval of Relative as Foster Parent), individuals will often encounter various other forms and documents. These additional documents are crucial for a comprehensive understanding and execution of the child protective and foster care systems in New York. Each form serves a unique purpose, contributing to the orderly and lawful processing of cases within the family court system.
Altogether, these forms and documents facilitate the legal processes involved in child protection, foster care, and adoption within New York. Through their proper use, the best interests of the child are prioritized, and the efficiency of the family court system is upheld. Ensuring familiarity with these documents can significantly streamline legal procedures for parties involved in the noble pursuit of providing a safe and supportive environment for children.
The New York Form 10-18, focused on the approval of relatives as foster parents under F.C.A. §1028-a, shares similarities with the Petition for Adoption (Form A). Both documents are integral in cases where the best interests of a child are at the forefront of legal considerations, aiming to place the child in a safe, nurturing environment. While the Form 10-18 sets the legal groundwork for a relative to become a foster parent pending an investigation, the Petition for Adoption seeks to legally establish a permanent parental relationship between the petitioner(s) and the child. Both processes require thorough background checks and assessments to ensure the child's welfare and safety, albeit with differing permanency goals.
Another document that parallels the New York Form 10-18 is the Kinship Guardianship Approval form, utilized in circumstances where a relative seeks legal guardianship rather than adoption or foster care. This document, similar to Form 10-18, involves a judicial process that prioritizes the child's best interests when their parents are unable to fulfill their roles, providing a more stable and permanent arrangement than foster care but less so than adoption. Both forms involve legal proceedings focusing on placing the child with relatives, underlining the importance of maintaining familial bonds whenever beneficial and feasible for the child.
The Temporary Guardianship Agreement is also akin to the New York Form 10-18 in its purpose and procedure. This agreement grants a caregiver temporary custody rights, often due to the parents' inability to care for their child for a specific period. Similar to the Form 10-18’s initial goal of placing a child with a relative in a foster care setting, this document ensures the child's temporary welfare in the care of someone who can provide a stable environment. Both pathways necessitate legal oversight to protect the child's interests, though the duration and permanency of the caregiving arrangement differ significantly.
Lastly, the Child Custody Agreement shares similarities with Form 10-18 as it involves delineating the care and guardianship of a child, often in the context of divorce or separation. While the Child Custody Agreement specifies the terms under which parents will share responsibilities and time with their child, the Form 10-18 focuses on the legal framework for a relative seeking to foster a child temporarily. Both documents center on ensuring that the child’s welfare is the paramount concern, requiring thorough judicial review and oversight to ascertain the most supportive and healthy environment for the child's upbringing.
Filling out the New York 10-18 form, a crucial document for the approval of a relative as a foster parent, requires precision and attention to detail. Here are five key do's and don'ts to keep in mind during this process:
Do's:
Don'ts:
The New York Form 10-18, part of the Family Court Act (F.C.A. §1028-a), outlines the process and considerations for approving a relative as a foster parent in cases involving child abuse or neglect. Around this form, several misconceptions may arise due to its legal complexity and the highly emotional circumstances it addresses. Here, we explore six common misconceptions.
Misconception 1: Any Relative Can Automatically Become a Foster Parent. It's widely believed that a family member can simply step in and become a foster parent through this form. In truth, the process requires extensive evaluation of the relative's suitability, including a home inspection and background checks. Approval is not guaranteed.
Misconception 2: The Form is the Only Requirement. Submitting Form 10-18 is just the beginning. There's a misconception that once the form is filed, the process is nearly complete. However, this form initiates a detailed and sometimes lengthy process involving several steps, including investigation and court hearings.
Misconception 3: The Process Is Quick. Some believe that the expedited investigation—mandated to start within 24 hours—means the entire process is fast. While the investigation commences quickly to prevent undue delay, the overall approval process takes time to ensure the child’s best interests are served.
Misconception 4: Approval Is Permanent. Initial belief might be that once approval is granted, it's final. However, being approved or certified as a foster parent is subject to ongoing review and can be revoked or reassessed based on changing circumstances or new information.
Misconception 5: The Court's Decision Is Based Solely on the Motion and Affidavits. While these documents are crucial, the decision considers multiple factors, including testimony, the child's interests, and any other relevant evidence presented during court proceedings.
Misconception 6: If Denied, There’s No Recourse. Lastly, many assume that a denial is the final word. In fact, the order includes provision for appeal. Parties have specific time frames within which they can appeal the decision, offering a structured pathway for reconsideration.
Understanding these misconceptions helps clarify the responsibilities and expectations for relatives seeking to become foster parents. It emphasizes the legal framework’s focus on the welfare and best interests of the child, ensuring that every foster care placement meets stringent standards.
Understanding and completing the New York 10-18 form, officially known as the "Order on Motion for Approval of Relative as Foster Parent," is a substantial step towards fostering a child by a relative in New York. Here are five key takeaways:
In sum, navigating the Form 10-18 entails understanding procedural requirements, timely submissions, and the significance of all parties' roles in the decision-making process. The overarching goal is to ensure the child’s best interests are served through a legal framework encouraging safe, nurturing environments with relatives acting as foster parents.
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