Fourth Department — Adoption: In the Matter of Jose T.

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Appellate Division, Fourth Department

Adoption

Permanency Placement Goal — Alternative Planned Living Arrangement

In the Matter of Jose T.
CAF 11-00371
Appealed from Family Court, Erie County

Background: The attorney for the child appealed from an order contending that the family court erred in determining that continuing the permanency goal of placement for adoption for the child was in his best interests. At the time of the permanency hearing the child was 14 years old and had refused to consent to adoption and wished to remain in foster care. In addition, the current foster family allowed the child to be close to his older brother and other family members.

Ruling: The appellate division agreed and modified the permanency goal to placement in an alternative planned permanent living arrangement with the child’s foster parents. The court found that the attorney for the child had met his burden and that continuing permanency goal of placement for adoption may result in removing the child from his positive environment. Moreover, the child’s foster family had indicated that they may be willing to adopt the child and have considered him a part of their family for quite some time.

Charles D. Halvorsen of the Legal Aid Bureau of Buffalo Inc., attorney for the child; Joseph T. Jarzembek for the petitioner-respondent