New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter IV - Forms of the Family Court of the State of New York and Adoption Forms of the Family Court of the State of New York (cf. s205.7) › Subchapter A - Forms Authorized by Section 205.7 › Juvenile Delinquency Forms (Family Court Act Article 3) › Form 3-35 - Transfer to Department of Mental Hygiene: additional provisions

Current through Register Vol. 46, No. 28, July
					 10, 2024
F. C.A. §353.4 Form 3-35
[ADDENDUM to Form 3-29, 3-30, 3-31, 3-32,
						3-33 or 3-34] (Juvenile Delinquency--
Transfer to Dept. of Mental
						Hygiene)
10/2004
ADDITIONAL PROVISIONS FOR USE WHERE
SECTION 353.4 FAMILY COURT ACT
						APPLIES
(Transfer to Department of Mental
						Hygiene)
And notice having been duly given to the
						New York State Commissioner of Mental Hygiene and the Mental Hygiene Legal
						Service, and the evidence at the dispositional hearing having included the
						testimony of [specify]: pursuant to section
						353.4 of the
						Family Court Act, the Court finds upon a preponderance of the competent
						evidence that the above-named Respondent has a mental illness, as defined in
						section
						1.03 of the
						Mental Hygiene Law, which is likely to result in serious harm to
						himself/herself others, and the appropriate local Commissioner of Social
						Services having consented not consented; it is hereby
ORDERED that the Respondent is placed for
						a period of ________, less the period spent in detention pending
						disposition[FN1] in the custody of the New York State Office of Children and
						Family Services Commissioner of Social Services of ________; and it is
						further
ORDERED that the New York State Office of
						Children and Family Services Commissioner of Social Services shall temporarily
						transfer the Respondent to the custody of the Commissioner of Mental Hygiene
						who shall arrange the admission of the Respondent to the appropriate facility
						of the Department of Mental Hygiene; and it is further
ORDERED that the Department of Mental
						Hygiene may retain the Respondent for care and treatment for a period of up to
						one year and whenever appropriate shall transfer the Respondent back to the
						Office of Children and Family Services pursuant to the provisions of
						subdivision six of section
						509 of the
						Executive Law;[FN2] and it is further
ORDERED that within thirty days of
						transfer back to the Office of Children and Family Services, application shall
						be made by the Office of Children and Family Services to this Court for a
						further dispositional hearing for a disposition which shall take into account
						the period of placement hereunder.
ORDERED that the Department of Mental
						Hygiene shall retain the Respondent for care and treatment for a period of
						________ months;[FN3] and it is further
ORDERED that if the clinical director of
						the facility caring for and treating the Respondent determines that the
						Respondent is no longer mentally ill, the Department shall make application to
						the Family Court for an order transferring the child back to the Office of
						Children and Family Services.
[FN1] Applicable unless the court finds
						that 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.
[FN2] Applicable where restrictive
						placement is not ordered.
[FN3] Applicable where there is a
						restrictive placement.