⇨

Blank New York 10 18 PDF Form

The New York 10 18 form is a legal document used in Family Court to request approval for a relative to become a foster parent. This form is essential for ensuring that children who may be in need of foster care can be placed with family members, providing them with a familiar and supportive environment. If you’re ready to take the next step in this process, fill out the form by clicking the button below.

Article Guide

The New York 10-18 form, formally known as the Order on Motion for Approval of Relative as Foster Parent, plays a crucial role in the child welfare system. This form is utilized within the Family Court of New York to facilitate the placement of children under the age of 18 with relatives who seek to become foster parents. The process begins when a relative files a motion requesting the court's approval for this arrangement. The form outlines essential steps, including a directive for the commissioner of social services to conduct a home investigation within 24 hours of the motion's filing. It emphasizes the importance of expediting the approval or certification of the relative as a foster parent, contingent upon their qualifications. The court considers the best interests of the child throughout the proceedings, taking into account the appearances of various parties, including the relative/movant, the petitioner, and the attorney for the child. Ultimately, the court issues an order that either grants or denies the motion, with specific instructions regarding the next steps based on the investigation's outcome. The form also includes provisions for appeal, ensuring that parties are aware of their rights following the court's decision.

Document Preview

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;

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]:

➤ PDF File

Form Specifications

Fact Name	Details
Governing Law	The New York 10 18 form is governed by F.C.A. §1028-a of the Family Court Act.
Purpose	This form is used to request approval for a relative to become a foster parent for a child under the age of 18.
Filing Requirement	A motion must be filed with the Family Court, specifying the relative's name and the date of the motion.
Investigation Timeline	The commissioner of social services is required to commence an investigation of the relative's home within 24 hours of the motion.
Approval Process	If deemed qualified, the relative may be expedited for approval or certification as a foster parent.
Hearing Necessity	The court may grant the motion based on examination of the motion papers or after hearing testimony.
Appeal Information	An appeal from the order must be taken within 30 days of receipt or 35 days from mailing, whichever is earlier.

New York 10 18: Usage Guidelines

Filling out the New York 10-18 form requires careful attention to detail. This form is an essential step in the process of seeking approval for a relative to become a foster parent. Once completed, the form will be submitted to the Family Court, where it will be reviewed as part of the motion for approval. Following the submission, the court will take the necessary actions to assess the situation.

Begin by entering the County where the Family Court is located.
Fill in the date of the court session where the motion will be presented.
Provide the name of the Judge presiding over the case.
In the section titled "In the Matter of," write the child's CIN # and Docket No..
Indicate the child's name and their age (under 18 years old).
Check the appropriate box to indicate whether the child is alleged to be abused or neglected.
In the section for the motion details, specify the date the motion was filed.
Provide the name of the relative/movant requesting the order.
Check the box that indicates whether the Relative/Movant has appeared in court.
List any other individuals who have appeared in court, if applicable.
Check the applicable box(es) regarding the examination of motion papers or hearing testimony.
In the next section, check the appropriate box to indicate whether the motion is granted or denied.
If granted, ensure to include the directive for the commissioner of social services to investigate the relative/movant’s home within 24 hours.
Complete the section with the Judge's name and the date of the order.
Finally, check the box for the mailing date of the order and to whom it was sent, if applicable.

Your Questions, Answered

What is the New York 10 18 form?

The New York 10 18 form is an official document used in Family Court to request approval for a relative to become a foster parent. This form is part of the process outlined in Section 1028-a of the Family Court Act. It is specifically designed for situations where a child under the age of 18 is alleged to be abused or neglected, and a relative wishes to care for that child in a foster capacity.

Who can file a New York 10 18 form?

A relative of the child, such as a grandparent, aunt, uncle, or sibling, can file the New York 10 18 form. The relative must be willing to provide a safe and nurturing environment for the child. It’s essential that the relative demonstrates their commitment and capability to care for the child during this process.

What happens after the form is submitted?

Once the New York 10 18 form is submitted, the court will review the motion. The commissioner of social services is then directed to investigate the relative's home within 24 hours. This investigation assesses whether the relative qualifies to be approved or certified as a foster parent. The court prioritizes the best interests of the child throughout this process.

What criteria are used to approve a relative as a foster parent?

The approval process involves several criteria, including the relative's ability to provide a safe living environment, their background checks, and their understanding of the responsibilities involved in fostering a child. The social services department will conduct a thorough evaluation to ensure that the relative meets all necessary requirements.

What if the relative is not approved as a foster parent?

If the investigation determines that the relative does not qualify to be a foster parent, the commissioner of social services must inform the court, the parties involved, and the attorney for the child. The child will then need to be placed in an alternative foster care situation, as the relative cannot take custody without proper approval.

Can the decision be appealed?

Yes, if the motion is denied, the relative has the right to appeal the decision. According to the Family Court Act, an appeal must be filed within 30 days of receiving the order. This timeline is crucial, so it’s important to act promptly if you wish to challenge the court's decision.

How long does the entire process take?

The timeline for the process can vary. The initial investigation by social services must be completed within 24 hours of the court's order. However, the overall timeline for approval or denial may take longer, depending on the complexity of the case and the availability of necessary evaluations. It's essential to stay in communication with the court and social services for updates.

Common mistakes

Filling out the New York 10 18 form can be a daunting task, especially when the stakes involve the welfare of a child. Mistakes can lead to delays or even denials of the motion. Here are four common mistakes individuals often make when completing this important form:

Incomplete Information
Many people forget to fill in all required fields. Omitting details such as the child's name, date of the motion, or the relative's name can result in the form being rejected. Always double-check that every section is complete.
Incorrect Dates
Some individuals mistakenly enter the wrong dates, which can cause confusion regarding timelines. For instance, specifying the date of the motion incorrectly can affect the court's understanding of the case. Ensure that all dates align with the events being described.
Failure to Check Boxes
It is crucial to check all applicable boxes on the form. Some may overlook this step, which can lead to misunderstandings about the nature of the request. Each box serves a specific purpose, so be thorough in your review.
Lack of Supporting Documentation
Submitting the form without the necessary supporting documents can hinder the approval process. Relevant affidavits or evidence should accompany the motion to substantiate the request for approval as a foster parent. Always attach the required documentation to strengthen your case.

By avoiding these common pitfalls, individuals can enhance their chances of a smooth and successful process in the Family Court system. Careful attention to detail is essential when navigating legal forms.

Documents used along the form

The New York 10 18 form is crucial in child protective proceedings, particularly when a relative seeks approval to become a foster parent. Several other forms and documents often accompany this form in the legal process. Each of these documents serves a specific purpose in facilitating the court's review and decision-making regarding the welfare of the child involved.

Family Court Petition: This document initiates the legal process by formally requesting the court to take action regarding the child’s custody or welfare. It outlines the reasons for the request and provides necessary details about the child and the parties involved.
Affidavit of Support: This sworn statement supports the motion for approval of a relative as a foster parent. It includes information about the relative’s ability to provide a safe and nurturing environment for the child.
Child Protective Services Report: This report is generated by social services following an investigation into the relative’s home. It assesses the suitability of the relative as a foster parent and includes recommendations for the court.
Notice of Motion: This document informs all parties involved about the motion being filed with the court. It specifies the date and time of the hearing and outlines the relief sought by the movant.
Order of Protection: In cases where there are allegations of abuse or neglect, this order may be issued to protect the child from potential harm. It restricts contact between the child and the alleged abuser.
Consent to Foster Care Placement: This form is signed by the biological parents or legal guardians, giving consent for the child to be placed with the relative seeking foster parent approval.
Background Check Authorization: This document authorizes the necessary background checks on the relative to ensure they meet the legal requirements to become a foster parent.
Home Study Report: Conducted by a social worker, this report evaluates the relative’s home environment, family dynamics, and overall suitability to foster a child.
Court Hearing Transcript: A record of the proceedings during the court hearing related to the foster care placement. This document may be important for any future appeals or reviews of the case.

Each of these documents plays a vital role in the legal process surrounding child welfare cases in New York. Together, they help ensure that the best interests of the child are prioritized and that the relative seeking foster parent approval is thoroughly evaluated.

Similar forms

The New York 10 18 form, which pertains to the approval of relatives as foster parents, shares similarities with several other legal documents. Below are eight documents that have comparable functions or processes:

Foster Care Placement Agreement: This document outlines the terms under which a child is placed in foster care, similar to the 10 18 form's focus on placing a child with a relative.
Child Protective Services (CPS) Investigation Report: Like the 10 18 form, this report details findings from an investigation into the home environment of a potential foster parent.
Foster Parent Application: This application is used to assess the suitability of individuals wishing to become foster parents, paralleling the approval process mentioned in the 10 18 form.
Family Court Petition for Custody: This document requests the court to grant custody of a child, similar in intent to the motion for approval of a relative as a foster parent.
Order of Protection: Issued in cases of abuse or neglect, this order can also involve placement decisions, akin to the considerations in the 10 18 form.
Termination of Parental Rights (TPR) Petition: This document initiates the legal process to end a parent's rights, often leading to foster care placements, similar to the child protection context of the 10 18 form.
Adoption Application: This application is submitted when seeking to adopt a child, sharing the goal of ensuring a safe and stable home environment, much like the 10 18 form.
Consent for Medical Treatment: This document allows a foster parent to make medical decisions for a child, highlighting the responsibilities that come with foster care approval, as seen in the 10 18 form.

Dos and Don'ts

When filling out the New York 10 18 form, it’s crucial to follow specific guidelines to ensure your application is processed smoothly. Here’s a list of things you should and shouldn’t do:

Do provide accurate information about the child and the relative/movant.
Do check all applicable boxes carefully to reflect your situation.
Do ensure that all signatures are present where required.
Do file the form in a timely manner to avoid delays.
Do keep copies of the completed form for your records.

Don't leave any sections blank unless instructed to do so.
Don't provide false information, as this can lead to legal consequences.
Don't forget to include the date of the motion filing.
Don't overlook the importance of the investigation timeline mentioned in the form.

By adhering to these guidelines, you can help ensure that your motion for approval as a foster parent is handled efficiently.

Misconceptions

Understanding the New York 10 18 form can be challenging, and several misconceptions often arise. Here are ten common misunderstandings, along with clarifications for each:

The form is only for relatives seeking to become foster parents. Many believe that only relatives can use the 10 18 form. However, it can also apply to non-relatives who are seeking approval to foster a child.
Approval as a foster parent is guaranteed once the form is submitted. Submitting the form does not guarantee approval. An investigation must be conducted to determine eligibility before any placement occurs.
The investigation process is immediate. While the form requests an investigation within 24 hours, the actual timeline can vary based on circumstances and the availability of resources.
Foster placement can occur before approval. It is a common belief that children can be placed with a relative immediately. In fact, placement can only happen after the relative has been officially approved as a foster parent.
The court does not consider the child's best interests. Some think the court's focus is solely on the relative's qualifications. In reality, the court prioritizes the best interests of the child throughout the process.
All relatives automatically qualify as foster parents. This misconception overlooks the fact that relatives must still meet specific qualifications and undergo a thorough investigation to be approved.
Once denied, a relative cannot apply again. A denial does not mean that a relative cannot reapply in the future. They can address any issues that led to the denial and submit a new application.
The form can be used for any child in need of foster care. The 10 18 form is specifically for children under the age of 18 who have been alleged to be abused or neglected, not for all children in need of care.
Legal representation is not necessary. While not required, having legal counsel can significantly help navigate the complexities of the process and ensure that the relative's rights are protected.
The timeline for appeal is flexible. Many believe they have more time to appeal a decision than they actually do. The appeal must be filed within 30 days of receiving the order, making it crucial to act promptly.

By addressing these misconceptions, individuals can better understand the purpose and process of the New York 10 18 form, ensuring a smoother experience for all involved.

Key takeaways

Filling out and using the New York 10 18 form requires careful attention to detail. Below 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 essential to specify the date of the motion and the name of the relative or movant requesting the order.
The form requires the identification of the child(ren) involved, including their CIN and docket number.
The court will review the motion to determine if the relative/movant is suitable for foster care placement.
Upon approval, the commissioner of social services must begin an investigation of the relative's home within 24 hours.
Approval or certification as a foster parent is contingent upon the outcome of the investigation.
If the relative/movant is not approved, the petitioner must inform the court and other parties promptly.
The form includes options for the court to grant or deny the motion, which must be clearly indicated.
Any appeal from the court's order must be filed within 30 days of receiving the order, making timely action crucial.