Trends in Termination of Parental Rights and Suspended Judgments

Presented by Margaret Burt
NYS Citizens' Coalition for Children, Inc.
13th Annual Statewide Adoption Training Conference
Adoption 2002: Linking Promises to Possibilities
May 10, 2002 • Albany New York  

 

RECENT CASES ON RELATIVE INTERVENTION IN ADOPTION

 

In the Matter of Arnetta S., 186 A.D. 2d 519, 589 N.Y.S.2d 327 (1st Dept. 1992) Bio-aunt's petition for custody of child freed for adoption dismissed.

In the Matter of Rodriquez., 180 A.D. 531, 579 N.Y.S. 2d 404 (1st Dept. 1992) Second cousin's petition for custody denied where child had been with preadoptive family for last four years.

Ruiz v Puerto Rican Association for Community Affairs, 174 A.D. 2d 542, 571 N.Y.S. 2d 717 (1st Dept. 1991) Maternal grandmother sought intervention in adoption of child surrendered with express condition that grandmother not be given child - petition dismissed.

In the Matter of Chiquita J., 170 A.D. 2d 353, 566 N.Y.S. 2d 54 (1st Dept. 1991) Maternal grandmother allowed to intervene in dispositional hearing of TPR but court denies custody to grandparents and grants guardianship to DSS.

In the Adoption of A. By K.S., 601 N.Y.S. 2d 762 (N.Y. County Fam. Ct. 1993) Uncle's petition to adopt, filed during the TPR is dismissed and child remains in foster home.

In Re Guardianship of Tiffany Malika B., 626 N.Y.S. 2d 184 (lst Dept. 1995) Aunt's custody petition dismissed after mother's rights terminated, child with foster family whole life and bonded.

In Re Nicole E., Family Court, Bronx County, reported at NYLI 3/21/95 at p. 27 Although the court placed three brothers with the grandmother who had been caring for them at the time of the TPR, court allowed younger sister to stay with foster parents where she had been placed her whole life for the eventual adoption by them.

Matter of Catherine JJ v Charlotte II 216 A.D. 2d 752, 628 NYS2d 826 (3rd Dept.1995) Dismissed maternal grandmother's petition for custody of child mother had surrendered. Grandmother had her parental rights to mother terminated 15 years earlier.

Matter of Rockland DSS o/b/o Charles H., 207 A.D.2d 788, 616 N.Y.S.2d 521 (2nd Dept. 1994) Maternal grandmother's custody petition dismissed as DSS had already been granted guardianship but could file for visitation or seek adoption.

In the Matter of Jonathan N.W., 140 Misc. 2d 216, 530 N.Y.S. 2d 501 (Surr. Ct. Nassau County 1988) Grandparents not permitted to intervene in fact-finding of TPR.

Matter of Mary Liza J. Y Orange County DSS., 198 A.D. 2d 350, 603 N.Y.S. 2d 331 (2nd Dept. 1993) Great grandmother's petition for custody of two freed great-grandchildren dismissed where they had lived with two separate foster families for over three years.

Matter of Cynthonia T., 198 A.D.2d 111 (1st Dept. 1993) Maternal grandmother granted permission to intervene after TPR but has no preemptive right to custody.

Matter of the Adoption of A., 158 Misc. 2d 760, 601 N.Y.S. 2d 762 (Family Court, New York County 1993) Uncle's custody petition, filed after child freed and placed in adoptive home, dismissed. Court will hear uncle's adoption petition and foster parent adoption petition sequentially with law guardian participation in both.

Matter of Jessica N., 202 A.D.2d 320, 609 N.Y.S. 2d 209 (1st Dept. 1994) Allows adoption of black handicapped foster child by white lesbian foster mother who has cared for her since birth over three years ago and denies adoption by black grandmother who is adopting sibling.

In Re Guardianship of Tiffany Malika B., 626 FI.Y.S. 2d 184 (1st Dept. 1995) Dismissed aunt's custody petition in favor of foster parent adoption petition.

In Re Maria Elizabeth A., 631 N.Y.S. 2d 334 (1st Dept. 1995) Not necessary to give birth mother adjournments of dispositional hearing on TPR to "look" for family members who may want to adopt.

Matter of Paula L. v John Doe., 634 N.Y.S. 2d 525 (2nd Dept. 1995) Denied grandmother's request for visitation with child who had been adopted three years earlier.

Matter of Elizabeth YY v Albany DSS, 644 N.Y.S. 2d 856 (3rd Dept. 1996) Denied paternal aunt's custody petition in favor of foster parent that had child for more than 2 years even though DSS had never asked aunt to take custody earlier.

Matter of Jennifer A., 6S0 N.Y.S. 2d 691 (1st Dept. 1996) Denied aunt's petition for custody over adoption petition from 67 year old foster mother, aunt had had little contact, foster mother was healthy and active and had always cared for child.

Matter of Genoria. , 650 N.Y.S. 2d 830 (3rd Dept. 1996) Dismissed cousin's custody petition after child had been freed - only an adoption petition can be brought regarding a freed child.

In Re Alma R., 654 N.Y.S. 2d 748 (1st Dept. 1997) Dismissed grandmother's custody petition where foster mother had cared for the child almost all of her life and was the agency's choice for adoption.

Matter of Celenia R., #7487 9/13/99 (2nd Dept. 1999) Grandmother's custody petition for freed child dismissed in favor or adoption by foster parents.

Matter of Gladys "B"., 274 AD2d 689, 710 NYS2d 725 (3rd Dept. 2000) After TPR filed against mother, maternal aunt filed for custody - court should first hear the TPR against the mother, then a dispositional hearing on adoption by foster parent vs custody by aunt; adoptive parents win - strong emotional bond, lived there since birth, happy and secure with adoptive parent, no bond with aunt who has only visited occasionally

In re John C., 718 NYS2d 314 (1st Dept. 2000) Grandmother filed for custody of child in foster care, lost case and while custody petition was on appeal, child was freed for adoption; custody petition must be dismissed now - grandmother could seek to adopt.

Matter of Wesley R., NYLJ 9t25/01 (Family Court, Kings County 2001) At TPR disposition, aunt and uncle file to adopt freed child who had been in foster care for over 2 years with same foster parents who also wanted to adopt - court allowed adoption by foster parents, relatives had not had any relationship with child until court had allowed some visitation, expert evidence that moving child to relatives could harm him emotionally as primary attachment was to foster parents.

 

6/14/02