The ABCs of TPRs
Presented by Magaret Burt
NYS Citizens' Coalition for Children, Inc.
17th Annual Statewide Adoption Training Conference
Adoption 2006: There's No Place like Home
May 12-13, 2006 • Albany New York
NEW PROCEDURES FOR FREED CHILD REVIEWS
CHAPTER 3 OF THE LAWS OF 2005 –EFFECTIVE 12/21/05
By Margaret A. Burt, Esq.
- No longer any FCA 1055-a procedures – now under FCA 1089
- No longer any petitions after 12/21!!
- Should be automatically scheduling these every 6 months as of NOW
- Any freed child review due after 12/21 is to be “re-calendared” NOW and given a new date so petition process will not have to be used
- First review can occur at time child is “totally freed” – as part of dispo on a TPR or as part of surrender proceedings – think this out in advance – get the foster parent there
- If first review not done at time of freeing, then court must set date within 30 days to be completed within 30 days – here you will have to mail the notice and the “sworn report” to the court, law guardian, any agency with care, foster parents or custodians, prior foster parents who had child for more than 12 continuous months get notice only
- This first freed child review “resets” the clock for the perm hearings
- At each hearing, date set for next hearing at 6 month intervals and must be completed within 30 days
- Note that new law does not list separate list for who gets the sworn report – of course birth parent does not get it
- Special forms for the notice and the “sworn report” for freed children – forms not yet available – will be on connections
- REGULAR MAIL only – DO NOT DO MORE!
- Encourage participation by foster parents
- Must continue to do every 6 months until adopted or ages out – including children over 18 and including children whose goal changes
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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • FAX 607-272-0035
office@nysccc.org
06/19/06