N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.49 - Termination of parental rights; required papers; venue; putative father determination
(a) This section shall apply to petitions
filed pursuant to part 1 of article 6 of the Family Court Act and section
384-b of the Social Services
Law.
(b) The
petitioner shall submit a copy of the child's birth certificate with the
petition.
(c) Where
the petition is filed to terminate the birth mother's rights:
(1) The petitioner shall also
submit:
(i) the response from
the putative father registry that is current within 60 days prior to the filing
of the termination of parental rights proceeding;
(ii) a sworn written statement,
if any, by the mother naming the father; and
(iii) a sworn written statement by the
caseworker setting forth information regarding any putative father who is
entitled to notice of the proceeding pursuant to section
384-c of the Social Services
Law.
(2)
Where a determination has not yet been made by the court regarding any putative
father who is entitled to notice of the proceeding pursuant to section
384-c of the Social Services Law, the
petition shall be referred to the Family Court judge on the date of filing or
the next court date for a determination regarding who must be notified of the
proceeding. Except for good cause shown, the petition shall not be scheduled
for a fact-finding hearing until a determination regarding required notices has
been made by the court.
(d) Where a child is under the
jurisdiction of the Family Court as a result of a placement in foster care
pursuant to article 10 or 10-A of the Family Court Act or section
358-a of the Social Services Law, the
petition regarding termination of parental rights to the child shall be
assigned, wherever practicable, to the Family Court judge who last presided
over the child's child protective, foster care placement or permanency
proceeding or over a termination of parental rights proceeding involving the
child's other parent. Where the petition has been filed regarding such a child
either before a different judge in a different court or before a court in a
different county, the petitioner shall so indicate in the petition and the
petitioner's attorney shall file an affirmation on a uniform form promulgated
by the Chief Administrator of the Courts attesting to the reasons for, and
circumstances regarding, such filing. The court in which the petition has been
filed shall stay the proceeding for not more than 30 days in order to
communicate with the Family Court judge who presided over the child's most
recent child protective, foster care placement or permanency hearing or the
termination of parental rights or surrender for adoption proceeding involving
the child's other parent, and in order to afford the parties and child's
attorney the respective proceedings an opportunity to be heard orally, in
person or by telephone, or in writing. Pursuant to paragraph (c-1) of
subdivision three of section
384-b of the Social Services Law, the
Family Court judge who presided over the child's case shall determine whether
the termination of parental rights petition should be transferred or should be
heard in the court in which it has been filed and shall record that
determination on a uniform form promulgated by the Chief Administrator of the
Courts. This determination shall be incorporated by the court in which the
termination of parental rights petition has been filed into an order on a
uniform form promulgated by the Chief Administrator of the Courts either
retaining or transferring the petition. If the termination of parental rights
petition is to be transferred, the transfer must take place forthwith, but in
no event more than 35 days after the filing of the petition.
Notes
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