Text of Memorandum and Administrative Order adopting 80
Family Court Forms and rescinding 61, as of October 11, 2002:
October 7, 2002
TO: Judges of the Family Court
Chief Clerks of the Family Court
FROM: Jonathan Lippman
SUBJECT: Family Court Forms
The attached Administrative Order, effective immediately, rescinds 61 Family Court forms and replaces them with 80 new and revised forms. Significantly, these forms include: 20 new forms promulgated in order to implement the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") [Domestic Relations Law Article 5-A; Laws of 2001, ch. 386], six new and four revised forms promulgated to conform to legislation regarding conditional surrenders [Social Services Law §§383-c, 384; Laws of 2002, ch. 76], two new forms to implement the address confidentiality legislation [Family Court Act §154-b; Laws of 2001, ch. 236] and revisions of 11 Persons in Need of Supervision forms to reflect the expansion of the PINS age and judicial findings requirements [Family Court Act §720(5), 754(1)(c); Laws of 2001, ch. 383]. Highlights of the new and revised forms include the following:
General Forms: Two new forms were added to incorporate statutory requirements for address confidentiality: an affidavit by which a litigant can request confidentiality and designate an agent for service of process and a court order formally granting confidentiality, designating an agent for service of process and directing the protected party to notify the agent of all changes in address. See General Forms GF-21 and GF-21a. These forms may be used in cases arising under the Domestic Relations Law, including interstate cases pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, as well as in cases arising under Articles 4, 5, 5-B, 6, 8 and 10 of the Family Court Act, regardless of whether an order of protection or temporary order of protection is being sought or has been sought in the past. See Family Court Act §154-b(2); Domestic Relations Law §§76-h, 254.
Additionally, summons forms have been revised to include uniform notices pursuant to Family Court Act §154(c) regarding the exercise of long-arm jurisdiction regarding orders of protection. Finally, custody and writ of habeas corpus forms were simplified, forms implementing the now-repealed Uniform Child Custody Jurisdiction Act ("UCCJA") were eliminated and the petition and order for transfer of proceedings concerning Indian children were modernized and re-numbered.
Child Support and Paternity Forms: Summons forms have been revised to include uniform notices pursuant to Family Court Act §154(c) regarding the exercise of long-arm jurisdiction regarding orders of protection. Further, the Electronic Testimony Application was re-titled "Electronic Testimony Application, Waiver of Personal Appearance and Order." See Form 4-24/5-16/UIFSA-10.
Uniform Child Custody Jurisdiction and Enforcement Act Forms: Twenty new forms were developed to implement the new UCCJEA, which replaced the UCCJA as of April 29, 2002. See Domestic Relations Law Art. 5-A; Laws of 2001, ch. 386. Moreover, since many of these forms contain provisions for parties at risk of family violence to keep their addresses confidential, pursuant to Sections 76-h or 254 of the Domestic Relations Law or Section 154-b of the Family Court Act, the above-mentioned address confidentiality affidavit and order may also be utilized in UCCJEA proceedings. See General Forms GF-21 and GF-21a.
Petitions for custody or visitation, modification of an order of custody or visitation and enforcement of an order for custody or visitation have been promulgated, each of which require delineation of the information required by the Family Court in order to make the findings required by the UCCJEA, including, inter alia, the bases for the Court to exercise or not exercise jurisdiction, emergency or otherwise. See Forms UCCJEA-1, UCCJEA-9 and UCCJEA-11. A "Notice of Hearing," as well as an alternative form for proceedings commenced by Order to Show Cause, have been promulgated for use in conjunction with the petitions. See Forms UCCJEA-4 and 4-a. Orders determining each of these petitions have been promulgated, each of which contain check-boxes and spaces for the required findings. See Forms UCCJEA-2, UCCJEA-10, UCCJEA-13. Because communication and cooperation between courts is critical, a form "Request for Assistance and Records" has been issued. See Form UCCJEA-8. Since, as in interstate child support and paternity proceedings pursuant to the Uniform Interstate Family Support Act [Family Court Act Art. 5-B], testimony is permissible by telephone or by audio-visual or other electronic means, a similar "Electronic Testimony Application, Waiver of Personal Appearance and Order" form has also been promulgated. See Form UCCJEA-7.
Additionally, an affidavit delineating the domicile of the children and their custodians, as well as the relevant litigation history of the parties, has been promulgated, along with a notice of hearing, an order for service, a warrant to arrest a party and take physical custody of the children and an order to appear on a petition to enforce an order of custody or visitation. See Forms UCCJEA-3, UCCJEA-4, UCCJEA-5, UCCJEA-6 and UCCJEA-12. Specific attention should be paid to the particular findings that must be made by the Court and directions to law enforcement that must be included, pursuant to Domestic Relations Law §77-j, whenever a warrant to produce a child or children is issued.
Finally, six forms have been promulgated to implement Domestic
Relations Law §77-d, the statutory provisions regarding registration of orders
of custody or visitation. See
Forms UCCJEA-14 through UCCJEA-19. It must be emphasized that registration is
not a prerequisite for the enforcement or modification of orders under the
UCCJEA and may be accomplished either alone or simultaneously with the
adjudication of enforcement or modification petitions. An affidavit has been
promulgated by which a party can apply to have an order of custody or
visitation registered, but it should be noted that the registration process can
be initiated as well by submission of a sworn letter. See Form UCCJEA-14. Upon
receipt of the application or letter and two copies of the order (at least one
of which must be certified), the Clerk of Court must send a notice of the
request to any parents or persons acting as parents who have been awarded
custody or visitation, and they, in turn, have 20 days from the date of mailing
of the notice to file a form objection. See
Forms UCCJEA-15 and UCCJEA-16.
If no objection is timely filed or if there is no one who needs to
be notified of the objection process, the order is automatically registered and
the Clerk of Court must provide a certificate of registration to the applicant
and the parties who had been notified of the request. See Form UCCJEA-19. If,
however, an objection is timely filed, the Clerk must send the objection to the
applicant and must send a notice of the date of the hearing regarding the
objection and an "Electronic Testimony Application, Waiver of Personal
Appearance and Order" form to both the applicant and the objecting party. See Forms UCCJEA-7 and
UCCJEA-17. Last, the Court must issue an order determining the objection and,
if the objection is overruled and the order is registered, must provide notice
of the registration and of the enforceability of the order the applicant, the
objecting party and other parties notified of the request. Form UCCJEA-18,
therefore, contains both a determination of the registration application and
the requisite notice of registration and should be sent to the applicant, the
objecting party and other parties notified of the request.(1)
Surrender Forms: Four forms have been revised, simplified, consolidated and
re-numbered and six new forms have been promulgated to implement the provisions
of Laws of 2002, ch. 76, which took effect on August 20, 2002.
Since the judicial and extra-judicial surrender instruments were promulgated by the New York State Office of Children and Family Services in accordance with Social Services Law §383-c(5)(b), and since judicial surrender instruments automatically take effect upon execution in front of a judge, the Family Court petition and order forms have been clarified to apply solely to proceedings for approval of extra-judicial surrender instruments. See Forms SURR-3 and SURR-6.(2) Both the petition and order were revised to incorporate two provisions of Laws of 2002, ch. 76 -first, that if the surrender is conditioned upon adoption by a particular individual, that individual must have been fully investigated and approved as a prospective adoptive parent in accordance with regulations of the New York State Office of Children and Family Services, and second, that the surrendering parent or guardian must provide the authorized agency with any changes of address unless he or she has signed a written statement included in or appended to the surrender instrument waiving written notice of any substantial failure of a material condition. It should be noted that a law guardian must now be appointed in all proceedings involving surrenders. See Family Court Act §249(a).
Four affidavits required by Social Services Law §§383-c(4)(b) and (c), respectively, have been developed to accompany petitions for approval of extra-judicial surrender instruments involving children who are in foster care: the affidavit to be filed by the authorized agency employee and independent witnesses to the execution of the instrument, the affidavit to be filed by the authorized agency employee responsible for arranging supportive counseling for the parent or guardian executing the surrender (if different from the agency employee who witnessed the surrender) and the affidavit to be filed by the provider of the supportive counseling. See Forms SURR-4, SURR-4-a, SURR-5 and SURR-5-a.
Finally, a new "Petition for Review of Failure of Material Condition in Conditional Surrender" and an "Order Determining Petition for Review of Failure of Material Condition in Conditional Surrender" have been promulgated to implement the procedures for reviews pursuant to Family Court Act §1055-a(10) set forth in Laws of 2002, ch. 2002. See Forms SURR-7 and SURR-8. Identical procedures and forms apply to failures of material conditions in both judicial and extra-judicial surrenders involving all children surrendered conditionally, whether or not they had been in foster care at the time of the surrender. Social Services Law §§383-c, 384. The petition form (SURR-7) contemplates three possible petitioners: the authorized agency or, if the authorized agency has not filed the petition for review within 30 days of the failure of the material condition absent good cause, the law guardian or the surrendering parent or guardian. These forms are to be used prior to adoption, as the statute does not address post-adoption remedies, if any, for failures of material conditions.
Persons in Need of Supervision (PINS) Forms: Two significant changes have been made to PINS forms to incorporate statutory changes that became effective on July 1, 2002:
1) References to juveniles under the age of 16 have been eliminated in light of the expansion of PINS jurisdiction to 18; and 2) Judicial findings of "special circumstances" have been added to orders detaining and placing juveniles who are 16 years of age and older, including those whose PINS cases commenced prior to their 16th birthdays. In order to provide the Family Court with the information necessary to make these findings, petitions have been amended to include delineation of "special circumstances." Additionally, the "Order of Adjournment in Contemplation of Dismissal" has been corrected to direct an adjournment in contemplation of dismissal, rather than a dismissal. See Form 7-21.
Child Protective Forms: Notice of the obligation of foster care placement agencies to inform the Family Court within 48 hours of a child absconding, in accordance with Sections 205.80 and 205.85 of the Uniform Rules of the Family Court, has been added to several of the order forms. Further, the child abuse and neglect summons forms have been revised to include uniform notices pursuant to Family Court Act §154(c) regarding the exercise of long-arm jurisdiction regarding orders of protection. A new "Notice of Petition for Extension of
Placement and Permanency Hearing" has been promulgated and the statutory citation in the heading has been corrected in the "Notice of Petition for Review of Status of Child Freed for Adoption and Permanency Hearing." See Forms 10-17a and 10-22. Finally, two new forms, a "Petition for Extension of Supervision" and an "Order on Petition to Extend Supervision," have been promulgated in accordance with Sections 1054 and 1057 of the Family Court Act. See Forms 10-27 and 10-28.
Adoption Forms: Since acknowledgments must comport with the requirements for recording deeds, all acknowledgments and affidavits that identify parties have been re-worded in accordance with the amendments to Sections 309-a and 309-b of the Real Property Law. See Adoption Forms 2-A through 2-Ga and 8-A through 8-C.
A hard copy of the forms are attached and the forms will be posted on CourtNet and on the Unified Court System Web-site (http://www.courts.state.ny.us).
Please replace the existing forms with the newly promulgated forms.
cc.:
Hon. Joseph J. Traficanti, Jr.
Hon.
Joan B. Carey
Hon.
Ann T. Pfau
Administrative Judges
ADMINISTRATIVE ORDER OF THE
CHIEF ADMINISTRATIVE JUDGE OF THE COURTS
Pursuant to Section 212 of the Judiciary Law and Section 214 of the Family Court Act, I hereby rescind the following 61 forms of the Uniform Forms of the Family Court:
General Forms
Form GF-2 Summons 1/01
Form GF-7a Summons (Violation of Court Order) 12/97
Form GF-17 Petition for Custody or Visitation 1/01
Form GF-18 Order Directing Custody or Visitation 1/01
Form GF-19 Petition for Custody or Visitation (Uniform Child Custody Jurisdiction Act) 1/01
Form GF-19a Affidavit (Uniform Child Custody Jurisdiction Act) 1/01
Form GF-19b Order: Service of Notice (Uniform Child Custody Jurisdiction Act)12/97
Form GF-19c Notice (Uniform Child Custody Jurisdiction Act) 9/81
Form GF-19d Order Staying Proceeding(Uniform Child Custody Jurisdiction Act)12/97
Form GF-19e Request for Records (Uniform Child Custody Jurisdiction Act) 9/81
Form GF-19e-1 Request for Assistance (Uniform Child Custody Jurisdiction Act) 6/92
Form GF-19f Order: Custody or Visitation (Uniform Child Custody Jurisdiction Act)
12/97
Form GF-19g Petition for Transfer of Proceeding Concerning an Indian Child 12/97
Form GF-19h Order of Transfer of Proceeding Concerning an Indian Child 12/97
Form GF- 22 Petition for Writ of Habeas Corpus 1/01
Form GF- 23 Writ of Habeas Corpus 1/01
Child Support and Paternity Forms
Form 4-1b Summons: Support (Non-resident) 1/01
Form 4-24/5-16/UIFSA-10 Electronic Testimony Application 1/01
Form 4-12a-1 Summons: Violation of Support Order 1/01
Form 4-12a-2 Summons: Violation of Support Order (Non-resident) 1/01
Form 5-1b Summons: Paternity (Non-party Spouse or Former Spouse) 1/01
Form 5-1c Summons: Paternity (Non-resident) 1/01
Guardianship and Surrender Forms
Form 383-c-1 Petition for Approval of Surrender Instrument (Child in
Foster Care) 12/97
Form 383-c-2 Order Directing Service of Notice 12/97
Form 383-c-3 Notice of Proceeding for Approval of Surrender Instrument 10/90
Form 383-c-4 Order Approving or Disapproving Surrender Instrument
(Child in Foster Care) 12/97
Form 384-1 Petition for Approval of Surrender Instrument (Child Not in
Foster Care) 12/97
Form 384-2 Order Directing Service of Notice 12/97
Form 384-3 Notice of Proceeding for Approval of Surrender Instrument 10/90
Form 384-4 Order Approving Surrender Instrument (Child Not in Foster Care) 12/97
Form 384-c-1 Notice of Proceeding 9/81
Persons in Need of Supervision Forms
Form 7-3 Order Directing Detention of Child (Post-petition) 2/01
Form 7-4 Petition (Persons in Need of Supervision) 12/97
Form 7-5 Determination upon Fact-finding 12/97
Form 7-8 Order of Fact-finding and Disposition 2/01
Form 7-9 Petition (Termination of Placement) 7/83
Form 7-14 Order (Transfer for Incorrigibility) 12/97
Form 7-15 Petition (Violation of Order of Disposition) 2/01
Form 7-16 Order (Violation of Order of Disposition - Probation or Suspended Judgment) 2/01
Form 7-17 Order (Violation of Order of Placement Disposition) 2/01
Form 7-18 Petition (Extension of Placement and Permanency Hearing) 2/01
Form 7-19 Extension of Placement and Permanency Hearing Order 2/01
Form 7-21 Order of Adjournment in Contemplation of Dismissal 12/97
Child Protective Forms
Form 10-1 Order Directing Temporary Removal of Child (Before Filing of
Petition) 2/01
Form 10-5 Order on Application for Return of Child Temporarily
Removed from Home 2/01
Form 10-7a Summons (Child Abuse Case) 2/99
Form 10-7c Summons (Child Neglect Proceeding) 2/99
Form 10-18 Order- Extension of Placement and Permanency Hearing 2/01
Form 10-22 Notice of Petition for Review of the Status of Child Freed
For Adoption and Permanency Hearing 2/01
Form 10-24 Order of Disposition (Review of Status of Child Freed for Adoption
and Permanency Hearing) 2/01
Adoption Forms
Form 2-A Agreement of Adoption and Consent (Agency) 9/99
Form 2-b Agreement of Adoption (Private-placement) 9/99
Form 2-c Consent of Child over 14 (Agency) 9/99
Form 2-d Consent of Child over 14 (Private-placement) 9/99
Form 2-e Affidavit and Consent of Person Having Lawful Custody
(Other than Birth or Legal Parent - private-placement) 9/99
Form 2-f Judicial Consent (Birth or Legal Parent - private-placement) 9/99
Form 2-fa Judicial Consent (Birth or Legal Parent - private-placement - step-parent) 9/99
Form 2-g Extra-judicial Consent (Birth or Legal Parent-private-placement) 9/99
Form 2-ga Extra-judicial Consent (Birth or Legal- Private- Placement-
Step-parent) 9/99
Form 8-a Affidavit Identifying Party (Agency) 12/97
Form 8-b Affidavit Identifying Party (Private-placement) 12/97
Form 8-c Affidavit Identifying Party (Private-placement) 12/97
I hereby promulgate the following 80 forms of the Uniform Forms of the Family Court for use in proceedings in the Family Courts of the Unified Court System of the State of New York:
General Forms
Form GF-2 Summons
Form GF-7a Summons (Violation of Court Order)
Form GF-17 Petition for Custody or Visitation
Form GF-18 Order Directing Custody or Visitation
Form GF- 19 Petition for Transfer of Proceeding Concerning an Indian Child
Form GF- 20 Order of Transfer of Proceeding Concerning an Indian Child
Form GF- 21 Address Confidentiality Affidavit
Form GF-21a Address Confidentiality Order
Form GF- 22 Petition for Writ of Habeas Corpus
Form GF- 23 Writ of Habeas Corpus
Child Support, Paternity and UIFSA Forms
Form 4-1b Summons: Support (Non-resident)
Form 4-12a-1 Summons: Violation of Support Order
Form 4-12a-2 Summons: Violation of Support Order (Non-resident)
Form 4-24/5-16/UIFSA-10 Electronic Testimony Application, Waiver of Personal Appearance and Order
Form 5-1b Summons: Paternity (Non-party Spouse or Former Spouse)
Form 5-1c Summons: Paternity (Non-resident)
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Forms
Form UCCJEA-1 Petition for Custody or Visitation - UCCJEA
Form UCCJEA-2 Order on Petition for Custody or Visitation - UCCJEA
Form UCCJEA-3 Affidavit - UCCJEA
Form UCCJEA-4 Notice of Hearing for Custody, Visitation, Modification of Order or Enforcement of Order - UCCJEA
Form UCCJEA-4-a Order to Show Cause - UCCJEA
Form UCCJEA-5 Order for Service of Notice of Proceeding - UCCJEA
Form UCCJEA-6 Warrant to Arrest Party and Take Physical Custody of Child - UCCJEA
Form UCCJEA-7 Electronic Testimony Application, Waiver of Personal Appearance and Order - UCCJEA
Form UCCJEA-8 Request for Assistance or Records - UCCJEA
Form UCCJEA-9 Petition to Modify Custody or Visitation Order - UCCJEA
Form UCCJEA-10 Order on Petition to Modify Order of Custody or Visitation - UCCJEA
Form UCCJEA-11 Petition to Enforce Custody or Visitation Order - UCCJEA
Form UCCJEA-12 Order to Appear on Petition to Enforce Custody or Visitation Order - UCCJEA
Form UCCJEA-13 Order on Petition to Enforce Custody or Visitation Order - UCCJEA
Form UCCJEA-14 Affidavit Application for Registration of an Out-of-State Custody or Visitation Order - UCCJEA
Form UCCJEA-15 Notice of Request for Registration of an Out-of-State Custody or Visitation Order - UCCJEA
Form UCCJEA-16 Objection to the Registration of an Out-of-State Custody or Visitation Order - UCCJEA
Form UCCJEA-17 Notice of Hearing on Objection to the Registration of an Out-of-State Custody or Visitation Order - UCCJEA
Form UCCJEA-18 Order Determining Request for Registration of an Out-of-State Custody or Visitation Order - UCCJEA
Form UCCJEA-19 Certification of Registration of an Out-of-State Custody or Visitation Order - UCCJEA
Surrender Forms
Form SURR-1 Notice of Proceeding for Approval of Judicial or Extra-judicial Surrender Instrument
Form SURR-2 Order Directing Service in Proceeding for Approval of Judicial or Extra-judicial Surrender Instrument
Form SURR-3 Petition for Approval of Extra-Judicial Surrender Instrument
Form SURR-4 Affidavit of Authorized Agency Employee Witness to Execution of Extra-Judicial Surrender Instrument of Child in Foster Care
Form SURR-4-a Affidavit of Independent Witness to Execution of Extra-Judicial Surrender Instrument of Child in Foster Care
Form SURR-5 Affidavit of Authorized Agency Employee Responsible for Arranging Supportive Counseling - Extra-judicial Surrender of
Child in Foster Care
Form SURR-5-a Affidavit of Provider of Supportive Counseling - Extra-judicial Surrender of Child in Foster Care
Form SURR-6 Order Approving or Disapproving Extra-Judicial Surrender Instrument
Form SURR-7 Petition for Review of Failure of Material Condition in Conditional Surrender
Form SURR-8 Order Determining Petition for Review of Failure of Material Condition in Conditional Surrender
Persons in Need of Supervision Forms
Form 7-3 Order Directing Detention of Child (Post-petition)
Form 7-4 Petition (Persons in Need of Supervision)
Form 7-5 Determination upon Fact-finding
Form 7-8 Order of Fact-finding and Disposition
Form 7-9 Petition (Termination of Placement)
Form 7-14 Order (Transfer for Incorrigibility)
Form 7-15 Petition (Violation of Order of Disposition)
Form 7-16 Order (Violation of Order of Disposition - Probation or Suspended Judgment)
Form 7-17 Order (Violation of Order of Placement Disposition)
Form 7-18 Petition (Extension of Placement and Permanency Hearing)
Form 7-19 Extension of Placement and Permanency Hearing Order
Form 7-21 Order of Adjournment in Contemplation of Dismissal
Child Protective Forms
Form 10-1 Order Directing Temporary Removal of Child (Before Filing of
Petition)
Form 10-5 Order on Application for Return of Child Temporarily
Removed from Home
Form 10-7a Summons (Child Abuse Case)
Form 10-7c Summons (Child Neglect Proceeding)
Form 10-17a Notice of Petition for Extension of Placement and Permanency Hearing
Form 10-18 Order- Extension of Placement and Permanency Hearing
Form 10-22 Notice of Petition for Review of the Status of Child Freed
For Adoption and Permanency Hearing
Form 10-24 Order of Disposition (Review of Status of Child Freed for Adoption
and Permanency Hearing)
Form 10-27 Petition for Extension of Supervision
Form 10-28 Order on Petition to Extend Supervision
Adoption Forms
Form 2-A Agreement of Adoption and Consent (Agency)
Form 2-b Agreement of Adoption (Private-placement)
Form 2-c Consent of Child over 14 (Agency)
Form 2-d Consent of Child over 14 (Private-placement)
Form 2-e Affidavit and Consent of Person Having Lawful Custody
(Other than Birth or Legal Parent - private-placement)
Form 2-f Judicial Consent (Birth or Legal Parent - private-placement)
Form 2-fa Judicial Consent (Birth or Legal Parent - private-placement - step-parent)
Form 2-g Extra-judicial Consent (Birth or Legal Parent-private-placement)
Form 2-ga Extra-judicial Consent (Birth or Legal- Private- Placement-
Step-parent)
Form 8-a Affidavit Identifying Party (Agency)
Form 8-b Affidavit Identifying Party (Private-placement)
Form 8-c Affidavit Identifying Party (Private-placement)
Chief
Administrative Judge of The Courts
Dated: October 11, 2002
AO/334/2002
1. In contested registration cases, Form UCCJEA-18 must be used in lieu of Form UCCJEA-19.
2. The "Notice of Proceeding" and "Order Directing Service," however, apply to proceedings involving both judicial and extra-judicial surrenders. See Forms SURR-1 and SURR-2.
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