Matter of Wilson A.T.Z. (Jose M.T.G.--Manuela Z.M.), 147 A.D.3d 962

Petitioner (father) sought Family Court appointment as guardian for his son (the child) to obtain findings necessary for Special Immigrant Juvenile Status (SIJS) under 8 U.S.C. § 1101(a)(27)(J).
Father filed a Family Court Act article 6 petition in Sept. 2014 and later moved for an order declaring the child dependent and making SIJS-related findings (age/unmarried, reunification not viable due to abuse/neglect/abandonment, and that return to Ecuador would be contrary to the child’s best interests).
After a hearing, the Family Court found the child dependent, unmarried, under 21, and that return to Ecuador would be harmful, but denied the motion as to nonviability of reunification, concluding the petitioner failed to establish parental neglect or similar grounds.
The petitioner and the child testified that the mother received financial assistance but failed to use it for the child’s clothing and education, and that the child’s condition was impaired or in imminent danger due to the mother’s failure to provide minimal care.
On appeal, the Appellate Division conducted an independent factual review and determined the record supported a finding of parental neglect and nonviability of reunification with the mother.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Family Court should make SIJS findings, including that reunification with a parent is not viable due to abuse/neglect/abandonment	Father: evidence showed mother neglected the child (failed to use financial assistance for child’s needs), impairing or imminently endangering the child, so reunification with mother is not viable	Family Court/Respondent: petitioner failed to prove reunification was not viable due to parental abuse, neglect, abandonment, or similar circumstances	Reversed: record supports finding of parental neglect; reunification with mother is not viable; child is dependent, unmarried, under 21, and return to Ecuador would be contrary to his best interests

Matter of Marvin E.M. de P. v. Milagro C.C., 121 A.D.3d 892 (App. Div. 2014) (SIJS requires findings that reunification is not viable and return would be contrary to child’s best interests)
Matter of Maria P.E.A. v. Sergio A.G.G., 111 A.D.3d 619 (App. Div. 2013) (discussing nonviability-of-reunification standard for SIJS)
Matter of Trudy-Ann W. v. Joan W., 73 A.D.3d 793 (App. Div. 2010) (SIJS statutory requirements and state-law parallels)
Matter of Gabriela Y.U.M. v. Palacios, 119 A.D.3d 581 (App. Div. 2014) (parental neglect can establish nonviability of reunification)
Matter of Miguel C.-N. v. Hosman C.-N., 119 A.D.3d 562 (App. Div. 2014) (same)
Matter of Anibal H. v. Maria G.G.H., 138 A.D.3d 841 (App. Div. 2016) (appellate court may make independent SIJS findings where record is sufficient)
Matter of Tommy E.H. v. Silvia C., 134 A.D.3d 840 (App. Div. 2015) (same)