New York Family Law Blog
Family Court decisions can significantly impact families, particularly when they involve decisions about a child’s future care. A permanency goal in New York refers to a plan established during family court proceedings to determine the long-term living arrangement for a child in foster care. Goals can include reunification with parents, adoption, placement with relatives, or another planned permanent living arrangement. The goal is set based on the child’s best interests, safety, and well-being. It provides a framework for the child’s future, ensuring stability and security. Permanency planning is important because it seeks to minimize the time a child spends in temporary care, promoting continuity and reducing the potential emotional and developmental impact of prolonged uncertainty.
This case involved a mother who appealed a Family Court decision to change the permanency goal for her child from reunification to placement for adoption. The court considered the child’s best interests, the mother’s progress with services, and the risks associated with returning the child to her custody.
Background Facts
The case concerned a child removed from the mother’s custody at five months of age. The removal occurred due to concerns about the child’s safety. Following the removal, the child was placed in foster care, where he remained for nearly two years. During this time, the Administration for Children’s Services (ACS) provided the mother with services aimed at addressing the issues that led to the child’s removal. These services were intended to support the original goal of reunification.
Despite these efforts, the mother did not make sufficient progress. The petitioner determined that the child could not safely return to her custody and recommended changing the permanency goal from reunification to placement for adoption. The Family Court held a hearing to evaluate the appropriateness of this recommendation.
Question Before the Court
The court needed to determine whether the permanency goal for the child should be changed from reunification to placement for adoption. This decision required an assessment of whether the mother had made progress toward reunification, whether the child could safely return to her custody, and whether adoption was in the child’s best interests.
Court’s Decision
The Family Court decided to change the permanency goal from reunification to placement for adoption. The court found that the child would be at risk of harm if returned to the mother’s custody. It concluded that the mother was unable to benefit from the services provided and that reunification was no longer a viable option. The court determined that adoption was in the child’s best interests, as it would provide stability and a permanent home.
Discussion
In cases like this, the court’s primary concern is the child’s best interests and safety. Under Family Court Act § 1089(d), the court must ensure that a child would not face abuse or neglect if returned to a parent. The court must also evaluate whether the services provided to the parent were appropriate and whether the parent benefitted from them.
Here, the court found that although ACS provided services to help the mother address the issues that led to the child’s removal, the mother did not demonstrate meaningful progress. The record indicated that she struggled to benefit from the support offered and could not create a safe environment for the child.
The child’s time in foster care further supported the decision. After nearly two years in care, the child needed a stable and permanent living situation. Adoption offered the best path to achieving this goal, given the circumstances.
The court also noted that changing the permanency goal from reunification to adoption was consistent with prior cases where parents failed to benefit from services or where returning a child to a parent posed significant risks.
Conclusion
The Family Court’s decision to change the permanency goal from reunification to placement for adoption highlights the importance of ensuring a child’s safety and long-term well-being. While reunification is often the preferred outcome, it is not always feasible when a parent cannot make sufficient progress. Adoption provides children with the stability they need to thrive.
If you are facing a family law issue or need assistance with a child custody matter, contact an experienced New York family lawyer at Stephen Bilkis & Associates. Our team can provide guidance and representation to help you navigate complex legal matters involving your family.