Court finds Justin and Jayze S. abandoned by their parents.

Legal Notices 



F.C.A. §1089 Soc. Serv. Law §§ 384-b Form TPR-7 (Findings of Fact, Conclusions of Law and Order of Disposition – Abandoned Child) 8/2010 At a term of the Family Court of the State of New York, held in and for the County of Chautauqua at Mayville, New York on September 3, 2025. PRESENT: HON. PETER R. JOHNSON, J.F.C. In the Matter of the Commitment of Guardianship and Custody pursuant to section 384-b of the Social Services Law of Justin and Jayze S. Children under the Age of Eighteen Years, alleged to be Abandoned Children by Arlene R. and Justin Schuk, Respondents. Docket Nos. B-1653-24, B-1659-24, B-1652-24, B-1658-24 File No. 27416 DEFAULT FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DISPOSITION (Abandoned Child) THE NEXT PERMANENCY HEARING SHALL BE HELD ON: February 17, 2026 at 1:30 p.m. Petitions under Section 384-b of the Social Services Law, dated September 17, 2024, having been filed in this Court alleging that Justin and Jayze S are abandoned children; and summonses having been issued and duly served upon and notice having been duly given to all proper parties hereto, and Respondents Arlene R. and Justin Schuk having failed to appear; the Court having found Arlene R. and Justin Schuk in default as of March 19, 2025 and the matter having duly come on for a fact-finding hearing by inquest before this Court; and The children having been represented by attorney, Nancy Dietzen, Esq.; and The matter having duly come on for a fact-finding hearing, the Court, after hearing the proofs and testimony offered in relation to the case, makes the following findings of fact by clear and convincing evidence and comes to the following conclusions of law: FINDINGS OF FACT The credible testimony of the Petitioner proved the Respondents have not demonstrated any sustained interest in the children and that they have evinced an intent to forego their parental rights and obligations for a period of six months immediately preceding the initiation of this proceeding by failing to visit the children and communicate with the children or the agency; that the Petitioner has taken no action to discourage or prevent the Respondents from so visiting or communicating; that the whereabouts of Respondents, Arlene R. and Justin Schuk are unknown; that Arlene R. and Justin Schuk were personally served notice of the proceeding and failed to appear; and that the children have continuously remained in foster care since October 31, 2023. CONCLUSIONS OF LAW The Court finds that the Respondents, Arlene R. and Justin Schuk have abandoned the children, Justin and Jayze S. NOW, therefore, it is ORDERED AND ADJUDGED that Justin and Jayze S. are abandoned children as defined in subdivision five of section 384-b of the Social Services Law; and it is ORDERED that the guardianship and custody rights of Justin and Jayze S. are transferred to the Chautauqua County Department of Mental Hygiene and Social Services an authorized agency; and such guardianship and custody of the children are committed to the authorized agency upon the following terms and conditions: for the purposes of adoption; and it is further ORDERED that Chautauqua County Department of Mental Hygiene and Social Services is authorized and empowered to consent to the adoption of the children subject to the order of a Court of competent jurisdiction to which a petition for adoption is submitted without the consent of or further notice to [specify]: Arlene R. and Justin Schuk, the parents. Applicable where guardianship and custody have been transferred to the Petitioner AND IT IS FURTHER ORDERED that the Petitioner herein shall forthwith advise the pre-adoptive foster parents of their right to file an adoption petition in a court of competent jurisdiction and further advise the pre-adoptive foster parents as to all necessary supporting documents; AND IT IS FURTHER ORDERED that a certified copy of this order be filed for recording at the Office of the County Clerk in accordance with the provisions of Section 384-b of the Social Services Law; Required Date Certain for Permanency Hearing ORDERED that if the child remains in the custody and guardianship of the authorized agency or foster parent, the next permanency hearing shall be held on [specify date certain within 30 days of the earlier of the Court’s announcement of its decision or issuance of this Order]: February 17, 2026 at 1:30 p.m.; and it is further ORDERED that Petitioner shall transmit notice of the hearing and a permanency report no later than 14 days in advance of the above date certain to all parties, attorneys, the attorney for the child and any pre-adoptive parent or relative providing care to the child(ren) and, unless dispensed with by the Court, shall transmit notice of the hearing to former foster parent(s) who have had care of the child(ren) in excess of 12 months. ENTER Hon. Peter R. Johnson, J.F.C. Dated: October 31 st , 2025. 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.



 Jan 28, Feb 4, 11, 18, 2026