New York Order On Motion To Reenter Foster Care

State:
New York
Control #:
NY-PH-8
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Description

Order On Motion To Reenter Foster Care

New York Order On Motion To Reenter Foster Care is a legal document issued by a court in New York State that allows a child who was previously in foster care to reenter the system. This document may be issued as part of an order of protection, a temporary order, or a permanent order. The order usually outlines the specific conditions for the child to return to foster care, such as the type of care they are to receive, the duration of their stay, and any other requirements for their safe and healthy reintegration. There are two types of New York Order On Motion To Reenter Foster Care: an ex parte order and an order after notice. An ex parte order is issued without notice to any other party and is usually granted for an emergency situation. An order after notice is issued when all parties have been given reasonable notice and an opportunity to be heard.

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FAQ

In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.

You must appear in court each time on the date and at the time set. If you are the Petitioner (you filed a petition) and you fail to appear as ordered, the judge may dismiss your petition without further hearings.

An OSC is a court order that must be signed by a Judge before it is served upon the opposing party. - Request an OSC only if your request requires immediate action or you seek a stay. - You may ask for a Temporary Restraining Order (TRO) to stay (stop) an action being taken by a party.

Whatever the reason for being at court, you must convince the judge or magistrate that he or she should rule in your favor. This is done by providing sufficient documentary evidence and witness testimony. There are different standards of proof for various types of cases.

In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.

Requirements for Contempt of Court There must be a clear order from the court in place. The person in question knew about the order, even if it was not formally served to them by a process server. The person has disobeyed the order, either by ignoring it or by purposefully acting in opposition to the order.

There is a process for making a motion without giving notice. This type of motion is called an ?Order to Show Cause.? This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.

More info

Complete the Motion for Change of Physical Custody to request that the Attorney General's Office petition the court for a change of physical custody order. These forms include PH7, Order to Show Cause (Reentry into Foster Care); PH.Voluntary Replacements, Foster Care Re-Entry, December 3, 2010. Petition the court to resume dependency jurisdiction and reenter foster care up until age 21. The AOPC has developed this sample Motion for Resumption of Jurisdiction. We cannot improve the foster care system without you. New York Family Court Act. Until that language appears in an order, the child is not eligible for TEA and the entire cost of care is the responsibility of the county. FormTitleRevisedJU 03. A Voluntary Re-entry Agreement (VRA, SOC 163) saying that you want to come back into foster care.

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New York Order On Motion To Reenter Foster Care