IN THE MATTER OF DALE P. (ANONYMOUS). BARBARA J. SABOL, &C. v. NANCY P.
(ANONYMOUS),
84 N.Y.2d 72, 638 N.E.2d 506, 614 N.Y.S.2d 967 (1994).
June 16, 1994
2 No. 95 (1994 NY Int. 108)
Decided June 16, 1994
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
BELLACOSA, J.:
The subject of this Family Court proceeding is a child, Dale P., who
was abandoned a few months after birth by his mother and taken into
the care of a friend, Mary H. The dispositive legal question turns on
whether the now almost seven-year-old child should be given the
opportunity for a best interests permanency placement under the
auspices of the New York City Commissioner of Social Services, as
decided by Family Court. Although the youngster is not a statutory
foster child, we agree with the prior courts and conclude that the
interstitial and individualized justice effected in this statutory
construction case does not transgress technical foster care placement
prerequisites.
We agree with Family Court's decision to impose on the New York City
Social Services Commissioner the obligation in this case to initiate
termination proceedings for Dale P.'s benefit, pursuant to the
complementary features of Family Court Act §1055(d) and Social
Services Law §384-b. However, we modify the order, as affirmed by the
Appellate Division, to strike the alternative relief directing the
Commissioner to provide legal services to Mary H., if the Commissioner
failed to comply in the first instance. On this record, the
conditional relief presents an issue unnecessary to resolve in light
of our disposition of the threshold issue.
I.
Dale P. was born in late 1987 to Nancy P., a cocaine addict, and an
unknown father. Between January 17 and February 7, 1988, Nancy P.
abandoned Dale P. Mary H. voluntarily undertook the care and custody
of the child. The biological mother repeatedly defaulted in answering
court petitions. On unbroken showings of neglect and abuse of the
child, Family Court made a finding of neglect on April 5, 1988 and
SNIPPETS:
IN THE MATTER OF DALE P..
This opinion is uncorrected and subject to revision before publication in the New York
The subject of this Family Court proceeding is a child, Dale P., who was abandoned a few
Although the youngster is not a statutory foster child, we agree with the prior courts and
We agree with Family Court's decision to impose on the New York City Social Services
However, we modify the order, as affirmed by the Appellate Division, to strike the
the conditional relief presents an issue unnecessary to resolve in light of our disposition
The biological mother repeatedly defaulted in answering court petitions.
The court on its own motion issued a second order, on the same date, directing the
The legal question evolves out of a tension in authority governing the fragile world of
We agree with the courts below that the technical foster care processing predicate was not
While the State's involvement in the parent-child relationship could not be avoided in this
The Commissioner contends, moreover, that she is not authorized by Social Services Law §384-b
No valid reason is presented on this record to require Family Court to add an unnecessary,
the Commissioner is concerned that the lack of the usual nexus between the child and foster
Against such expressed concerns and practical observations, the argument cannot be sustained
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