Family Court Proceedings
Although federal and NYS code and regulations provide foster parents with specific rights to notice and an opportunity to be heard in foster care family court proceedings, many NYS foster parents are unaware of, or discouraged from, exercising their codified rights and responsibilities in Family Court. Active and informed participation in Family Court is a core foster parent responsibility and crucial to achieving outcomes in the child’s best interest. The following resources are offered to increase foster parents’ understanding of, and effective participation in, the family court process.
Permanency Practice, General
- An Outline of NY’s Family Court Process (pdf)
- The Family Court and You (pdf)
- Introducing the Law and the Courts (pdf)
- Guidelines for Court Questionning
- OCFS Permanency Planning Report Format
- NYS Family Court Forms
- Court Preparation Resources
- Presenting Bonding in Family Court
- Video and Document Training Archives from the NYS Court Improvement Project
Children’s Presence in Family Court
- Interpretation of Federal Statute from the HHS Child Welfare Policy Manual
- Do Children Come to Court for Permanency Hearings?
- “My Life, My Voice, My Future”: Involving Youth in Family Court
Accelerated Adoption
Conditional Surrenders
- Current NYS Law on Conditional Surrender of Foster Children
- Conditional Surrenders Case Law (pdf)
- Sample Surrender Terms to Place in State Mandated Addendum Form
- Issues for Agencies to Consider in Conditional Surrenders
- Surrender Suggestions
- Advice for Foster Parents When Birth Parents Willing to Consider Surrender
Legal Rights of Fathers
- Rights of Fathers and Non-RespondentParents (pdf)
- UnWed Fathers and Foster Care Children
- Fathers Under NYS Law
Placement Options for Children
- NYS Law on Relative Placement Options
- Comparison of Relative Placement Options
- NYS Law re: Designation of Person in Parental Relationship (pdf)
- Having A Voice and a Choice: OCFS Relatives Handbook
- Trial Discharges of Youth and Voluntary Return to Care
Termination of Parental Rights (TPR)
- Judges’ Perspectives on Mandatory TPR’s & Adoption, Child Trends’ Research Brief
- Article 6, Part 1 of the Family Court Act of the State of New York
- Permanency Alternatives to Termination of Parental Rights
- Mandatory TPR Petitions
- Grounds for Termination of Parental Rights
- “Dale P.” Terminations for Children Under Article 10 Custody Orders
- TPR’s on Non-Admitting Parents Case Law (pdf)
- Issues to Consider Regarding Suspended Judgments on TPRs
- Suspended Judgments on TPRs Case Law (pdf)
- Can the Court Order Post-Termination Contact: Case Law (pdf)
- Mental Illness TPR Proof Issues
- Instructions for Experts in Mental Illness/MR TPR Cases
- Questions to Ask Experts in Mental Illness/MR TPR Cases
- Restoration of Parental Rights
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