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Order Violation Of Order Of Probation Or Conditional Discharge Form. This is a New York form and can be use in Family Court Statewide.
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Tags: Order Violation Of Order Of Probation Or Conditional Discharge, 3-41, New York Statewide, Family Court
F.C.A. §§360.2, 360.3
Form 3-41
(Juvenile Delinquency - Order
on Violation of Probation or
Conditional Discharge)
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
, .
PRESENT:
Hon.
Judge
__________________________________
In the Matter of
Docket No.
A Person Alleged to be a
Juvenile Delinquent,
ORDER (Violation
of Order of Probation
or Conditional
Discharge)
Respondent.
___________________________________
The above-named Respondent having been adjudicated by this Court to be a juvenile
delinquent within the meaning of Article 3 of the Family Court Act; and an Order of Disposition, dated
,
, having been made herein whereby Respondent was [check applicable box]:
placed on probation Q conditionally discharged, upon certain terms and conditions;
And the Presentment Agency having appeared,
And the Respondent having appeared not appeared,
And Counsel for the Respondent having appeared not appeared,
And the Respondent having had an opportunity to be heard;
The Court, after hearing, being satisfied by competent proof that the Respondent,
[check applicable box]: did
did not
willfully and without just cause fail to comply with the terms and conditions in that:
[specify provisions of order violated and nature of violations]:
[Required where Order of Disposition is revoked]:
And the Court, having determined that the Order of Disposition should be revoked and
having fully considered the matter of a new disposition pursuant to Family Court Act §§ 352.2 and
360.3, determines that the Respondent requires the following disposition for the following reasons
[specify]:
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Required Findings in Cases in Which the Respondent is Placed [The following determinations are
required when Respondent is placed pursuant to F.C.A. §353.3; check applicable boxes and
provide case-specific reasons]: The Court finds and determines that:
A. Best Interests Finding: Continuation in or return to the Respondent’s home
Q would Q would not be contrary to Respondent’s best interests based upon the following facts and
for the following reasons [specify]:
This determination is based upon the following information [check applicable box(es)]:
9 Uniform Case Review, dated [specify]:
9 Summary of the Uniform Case Record, dated [specify]:
9 Service Plan, dated [specify]:
9 Probation Department report, dated [specify]:
9 Mental health evaluation, dated [specify]:
9 The report of [specify]:
, dated [specify]:
9 Testimony of [specify]:
9 Other [specify]:
B. Reasonable Efforts Findings:
1. Reasonable efforts, where appropriate and consistent with the need for protection of the
community, to prevent or eliminate the need for removal of Respondent from the home, and, if the
Respondent was removed prior to the date of the dispositional hearing regarding the violation, to return
Respondent safely to his or her home:
Q were made as follows [specify]:
Q were not made but the lack of efforts was appropriate [check all applicable boxes]:
Q because of a prior judicial finding pursuant to Family Court Act §352.2(2)(c)that
the authorized agency was not required to make reasonable efforts to reunify the
Respondent with the Q parent(s) Q guardian(s)
[specify date of finding]:
Q because of other reasons [specify]:
Q were not made.
This determination is based upon the following information [check applicable box(es)]:
9 The Permanency Petition, dated [specify]:
9 Uniform Case Review, dated [specify]:
9 Summary of the Uniform Case Record, dated [specify]:
9 Service Plan, dated [specify]:
9 Probation Department report, dated [specify]:
9 Mental health evaluation, dated [specify]:
9 The report of [specify]:
, dated [specify]:
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9 Testimony of [specify]:
9 Other [specify]:
2. [Applicable in cases in which the Respondent’s permanency plan is adoption, guardianship or
permanent living arrangement other than reunification]: Reasonable efforts to make and finalize the
permanency plan of [specify]:
Q were made as follows [specify]:
Q were not made based upon the following facts and for the following reasons [specify; if lack of
efforts was reasonable, so indicate]:
This determination was based upon the following information [check applicable box(es)]:
9 The Permanency Petition, dated [specify]:
9 Uniform Case Review, dated [specify]:
9 Summary of the Uniform Case Record, dated [specify]:
9 Service Plan, dated [specify]:
9 Probation Department report, dated [specify]:
9 Mental health evaluation, dated [specify]:
9 The report of [specify]:
, dated [specify]:
9 Testimony of [specify]:
9 Other [specify]:
C. Findings Regarding Transitional Services and Out-of-State Placements:
[Required where Respondent is 16 years of age and older]: The services, if any, needed
to assist the Respondent to make the transition from foster care to independent living are [specify]:
[Required where the Respondent is placed outside New York State]: Placement outside
New York State is is not appropriate and in the Respondent’s best interests;
NOW, therefore, it is hereby
ORDERED, that the Order of Disposition is vacated continued ; (and it is further)
ORDERED that [check applicable boxes]:
Q Respondent is discharged with a warning.
Q Respondent is conditionally discharged for a period of [specify]:
the following terms and conditions:
months upon
Q Respondent is placed on probation under the supervision of the Probation Department of
the County of [specify]:
for a period of [specify]:
upon the
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following terms and conditions:1
The probation service shall report to the court Q orally Q in writing on [specify date]:
and every ___ days thereafter concerning Respondent's compliance with the terms and conditions of
this order.
Q This proceeding is continued and the Respondent is placed for a period of [specify]:
(less the period spent in detention pending disposition)2 in the custody of [specify
suitable relative or other person]:
, subject to the further orders of
this Court.
Q This proceeding is continued and Respondent is placed for a period of [specify period up
to 12 months]:
(less the period spent in detention pending disposition,)3 in the
custody of the Commissioner of Social Services of the County of [specify]:
.
Q The position of the Commissioner of Social Services of the County of [specify]:
having been considered by the Court, this proceeding is continued and Respondent is placed for a
period of [specify period up to 12 months]:
(less the period spent in detention
pending disposition,)4 in the custody of the Commissioner of Social Services of the County of
[specify]:
, for placement with [specify:]
,
subject to the further orders of this Court. In the event that the Commissioner of Social Services is
unable to so place the child, the Commissioner [check applicable box]:
Q shall Q need not apply to the Court for an order to stay, modify, set aside or
vacate the order pursuant to Family Court Act § 762.
Q shall Q need not return Respondent to this Court for a new dispositional hearing.
This proceeding is continued and the Respondent is placed for a period of [specify]:
(less the period spent in detention pending disposition),5 in the custody of the New York State Office
of Children and Family Services, which is authorized to place the Respondent in a [specify]:
2
Applicable unless all or part of such credit would not serve the needs and best interests of the
Respondent or the need for protection of the community. See F.C.A §353.3(5).
3
Applicable unless all or part of such credit would not serve the best interests of the Respondent
or the need for protection of the community. See F.C.A. §353.3(5).
4
Applicable unless all or part of such credit would not serve the best interests of the Respondent
or the need for protection of the community. See F.C.A. §353.3(5)
5
Applicable unless all or part of such credit would not serve the needs and best interests
of the Respondent or the need for protection of the community. See F.C.A. §353.3(5).
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secure facility at any time or from time to time during the first 60 days of residency;6
limited secure facility nonsecure facility, subject to further orders of this Court.
The position of the New York State Office of Children and Family Services having been
considered by the Court, this proceeding is continued and the Respondent is placed for a period of
[specify]:
(less the period spent in detention pending disposition),7 in the custody of the
New York State Office of Children and Family Services for placement with [specify]:
, subject to further orders of this Court. In the event that the New York State Office of
Children and Family Services is unable to place the Respondent in accordance with the direction
hereof, or discontinues the placement with the authorized agency, the Respondent shall be deemed to
have been placed with the New York State Office of Children and Family Services pursuant to
paragraph (b) or (c) of subdivision three of section 353.3 of the Family Court Act. In such cases, the
New York State Office of Children and Family Services shall notify the court, Presentment Agency,
counsel for the Respondent and parent or other person responsible for the Respondent’s care, of the
reason for discontinuing the placement with the authorized agency and the level and location of the
youth’s placement.
[Optional where Respondent is placed with the New York State Office of Children and
Family Services; check box if applicable]:
The New York State Office of Children and Family Services shall photograph the
Respondent pursuant to Executive Law § 507-a(3).
[Optional where Respondent is 16 years of age and is placed with the New York State
Office of Children and Family Services or Commissioner of Social Services; check box if applicable ]:
The placement agency is directed to provide the following services determined above to
be needed to assist the child to make the transition from foster care to independent living [specify]:
[Optional where Respondent is placed upon adjudication for a felony with the New York
State Office of Children and Family Services pursuant to F.C.A.§353.3(9); check box if applicable]:
Respondent shall be confined in a residential facility for a period of [specify period not to
exceed six months]:
(And it is further)
[Required where Respondent is placed with the Commissioner of Social Services or the New
York State Office of Children and Family Services, pursuant to F.C.A.§353.3 or §353.4, and is in
or may be transferred to a foster home or non-secure facility with 25 or fewer beds]:
6
See F.C.A. §353.3(3)(a).
7
Applicable unless all or part of such credit would not serve the needs and best interests
of the Respondent or the need for protection of the community. See F.C.A. §353.3(5).
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ORDERED that if the child remains in foster care, the New York State Office of
Children and Family Services Commissioner of Social Services of [specify]:
County shall file a petition for the next permanency hearing NO LATER THAN [specify date
not less than 60 days before permanency hearing must be completed]:
and the permanency hearing shall be completed by [specify date]:8
(and it is further)
(ORDERED
).
PURSUANT TO SECTION 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, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY
THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY
FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST.
ENTER
_________________________________________
Judge of the Family Court
Dated:
,
.
Check applicable box:
9 Order mailed on [specify date(s) and to whom mailed ]:___________________________
9 Order received in court on [specify date(s) and to whom given]:_____________________
8
A petition for a permanency hearing shall be filed 60 days prior to the expiration of the
placement or 60 days prior to end of 12 months following the entry of the child into foster care,
whichever is earlier. The Respondent shall be deemed to have entered foster care 60 days
following removal from the home. See F.C.A. §355.5(4). Except in cases where the permanency
hearing is required prior to an extension of placement –e.g., 18-month felony placements or cases
in which a determination is made that reasonable efforts are not required pursuant to F.C.A.
§352.2(2)(c) – the permanency hearing petition shall be combined with the petition for extension
of placement. See F.C.A. §355.5(2).
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