Matter of Leslie J.D. (Maria A.A.G.--Sylvia D.)
136 A.D.3d 902
| N.Y. App. Div. | 2016Background
- Petitioner sought guardianship of Leslie J.D. (a minor) under Family Court Act article 6 to enable the child to apply for Special Immigrant Juvenile Status (SIJS).
- Guardianship was granted by the Family Court (Dec. 1, 2014).
- Petitioner then moved for special findings required for SIJS: that the child is unmarried, under 21, dependent on the court, reunification with one or both parents is not viable due to abandonment, and return to Belize would not be in the child’s best interests.
- After a hearing, Family Court found the child was under 21, unmarried, dependent, and that return to Belize would be harmful, but concluded reunification with one or both parents was a viable option.
- Petitioner appealed, arguing the record supported a finding that reunification with one or both parents was not viable due to abandonment and so the special SIJS findings should have been made.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court must find reunification with neither parent viable (statutory interpretation) | Petitioner: court must find reunification with neither parent viable to grant SIJS findings | Respondents/Family Court: statute requires only that reunification with one or both parents is not viable | Court: Law requires finding that reunification with one or both parents is not viable; Family Court misstated standard but error was harmless on review |
| Whether record shows reunification with one or both parents is not viable due to abandonment | Petitioner: evidence established abandonment making reunification nonviable | Respondents: record did not support abandonment-based nonviability | Held: Independent review finds record does not support nonviability due to abandonment; SIJS findings denied |
Key Cases Cited
- Matter of Marvin E.M. de P. v. Milagro C.C., 121 A.D.3d 892 (App. Div. 2014) (appointment of guardian can satisfy juvenile-court dependency requirement for SIJS)
- Matter of Trudy-Ann W. v. Joan W., 73 A.D.3d 793 (App. Div. 2010) (describing SIJS dependency and best-interest findings)
- Matter of Haide L.G.M. v. Santo D.S.M., 130 A.D.3d 734 (App. Div. 2015) (clarifying reunification standard requires finding nonviability as to one or both parents)
- Matter of Miguel A.G.G. v. Milton N.G.G., 127 A.D.3d 858 (App. Div. 2015) (standards for reviewing Family Court SIJS-related factual findings)
- Matter of Mira v. Hernandez, 118 A.D.3d 1008 (App. Div. 2014) (addressing best-interest and reunification findings for SIJS)
- Matter of Maria S.Z. v. Maria M.A., 115 A.D.3d 970 (App. Div. 2014) (review of record support for parental abandonment/nonviability determinations)