Understanding Family Court Proceedings
Federal and NYS codes and regulations provide foster parents with specific rights to notice and an opportunity to be heard in foster care family court proceedings. Still, 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 that are in the best interest of the child. The following resources are offered to increase foster parents’ understanding of, and effective participation, in the family court process.
The New York State Family Court Process
From its inception, and for its duration, every foster care case is a Court case. The child and parent remain within and subject to the jurisdiction of the Court and the case remains with the same Judge until the child is discharged from foster care, whether by reunification with his birth family, release into the legal custody or guardianship of a relative or adoption.
Permanency Alternatives to Termination of Parental Rights (TPR
Question: If a child in foster care is not going to be returning home – what are the alternatives? Traditional termination of parental rights procedures with goal of adoption. Question: Are there other alternatives?
Grounds for Termination of Parental Rights
Termination of parental rights petitions MUST be filed for regarding all children in foster care where any foster child in care 15 out of the most recent 22 months Any foster child determined by court to be abandoned or Any foster child whose parent has been criminally convicted of certain crimes