Matter of Luis R. v. Maria Elena G.
120 A.D.3d 581
| N.Y. App. Div. | 2014Background
- Petitioner seeks guardianship of Cristian F. M. G. for SIJS purposes in Nassau County Family Court.
- Family Court granted guardianship on April 16, 2013, and later denied the SIJS declaration motion on July 31, 2013 after a hearing.
- Petitioner alleges reunification with one or both parents is not viable due to parental abuse, neglect, abandonment, or similar conduct under state law and that return to El Salvador is not in the child’s best interests.
- Court records indicate the child’s father is deceased, making reunification with at least one parent not viable.
- Appellate Division reviews the record de novo, independent of the Family Court's findings, to determine SIJS eligibility.
- Court reverses, declaring the child dependent, unmarried, under 21, and that reunification with the father is not viable and that return to El Salvador is not in the child’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child qualifies for SIJS declarations. | Luis R. contends the child is dependent and eligible for SIJS. | G. argues reunification viable or findings not properly supported. | Yes; child is dependent and eligible for SIJS. |
| Whether reunification is not viable with a parent. | Reunification is not viable due to parental abuse/neglect under state law. | Record does not establish lack of viability under state law. | Not viable; death of father precludes reunification with him. |
| Whether it would be in the child's best interests to be returned to El Salvador. | Return would not be in best interests for SIJS purpose. | Return may be in best interests absent SIJS findings. | Not in the child's best interests to return to El Salvador. |
Key Cases Cited
- Matter of Maria P.E.A. v Sergio A. G. G., 111 AD3d 619 (2d Dept 2012) (reunification viability standard for SIJS findings)
- Matter of Trudy-Ann W. v Joan W., 73 AD3d 793 (2d Dept 2010) (reunification must be unavailable due to abuse/neglect for SIJS)
- Matter of Gabriel H. M. [Juan B. F.],, 116 AD3d 855 (2d Dept 2015) (Court may review record independently for SIJS findings)
- Matter of Kamaljit S., 114 AD3d 949 (2d Dept 2014) (reunification viability and SIJS considerations)
- Matter of R., 118 AD3d 889 (2d Dept 2014) (death of parent impacts reunification viability)