N.Y. Comp. Codes R. & Regs. tit. 22 § 205.49

Current through Register Vol. 46, No. 50, December 11, 2024

Section 205.49 - Termination of parental rights; required papers; venue; putative father determination

(a) This section shall apply to petitions filed pursuant to part 1 of article 6 of the Family Court Act and section 384-b of the Social Services Law.

(b) The petitioner shall submit a copy of the child's birth certificate with the petition.

(c) Where the petition is filed to terminate the birth mother's rights:

(1) The petitioner shall also submit:

(i) the response from the putative father registry that is current within 60 days prior to the filing of the termination of parental rights proceeding;

(ii) a sworn written statement, if any, by the mother naming the father; and

(iii) a sworn written statement by the caseworker setting forth information regarding any putative father who is entitled to notice of the proceeding pursuant to section 384-c of the Social Services Law.

(2) Where a determination has not yet been made by the court regarding any putative father who is entitled to notice of the proceeding pursuant to section 384-c of the Social Services Law, the petition shall be referred to the Family Court judge on the date of filing or the next court date for a determination regarding who must be notified of the proceeding. Except for good cause shown, the petition shall not be scheduled for a fact-finding hearing until a determination regarding required notices has been made by the court.

(d) Where a child is under the jurisdiction of the Family Court as a result of a placement in foster care pursuant to article 10 or 10-A of the Family Court Act or section 358-a of the Social Services Law, the petition regarding termination of parental rights to the child shall be assigned, wherever practicable, to the Family Court judge who last presided over the child's child protective, foster care placement or permanency proceeding or over a termination of parental rights proceeding involving the child's other parent. Where the petition has been filed regarding such a child either before a different judge in a different court or before a court in a different county, the petitioner shall so indicate in the petition and the petitioner's attorney shall file an affirmation on a uniform form promulgated by the Chief Administrator of the Courts attesting to the reasons for, and circumstances regarding, such filing. The court in which the petition has been filed shall stay the proceeding for not more than 30 days in order to communicate with the Family Court judge who presided over the child's most recent child protective, foster care placement or permanency hearing or the termination of parental rights or surrender for adoption proceeding involving the child's other parent, and in order to afford the parties and child's attorney the respective proceedings an opportunity to be heard orally, in person or by telephone, or in writing. Pursuant to paragraph (c-1) of subdivision three of section 384-b of the Social Services Law, the Family Court judge who presided over the child's case shall determine whether the termination of parental rights petition should be transferred or should be heard in the court in which it has been filed and shall record that determination on a uniform form promulgated by the Chief Administrator of the Courts. This determination shall be incorporated by the court in which the termination of parental rights petition has been filed into an order on a uniform form promulgated by the Chief Administrator of the Courts either retaining or transferring the petition. If the termination of parental rights petition is to be transferred, the transfer must take place forthwith, but in no event more than 35 days after the filing of the petition.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.49