89 A.D.2d 534 | N.Y. App. Div. | 1982
Lead Opinion
Orders of the Family Court, New York County (Dembitz, J.), dated January 22,1982 (in the case of Gravina and Robinson) and as amended June 3,1982 (in the case of Rodriguez), reversed, on the law, and the matters remanded for further proceedings, without costs. These cases involve attempts to formalize (Gravina/Robinson) and extend (Rodriguez) de facto foster care relationships. Each of the children resides with a relative, either because of the death or disappearance of the parent or at the parent’s request. Such relatives are entitled to public assistance for providing foster care where there has been compliance with the pertinent provisions of the Social Services Law. In order to obtain such benefits the foster care arrangements must be preceded by a voluntary placement agreement (VPA) in conformity with section 384-a of the Social Services Law, whereby the care and custody of the child is transferred to an authorized agency, which in turn formally places the child with a foster parent, who may be a relative. This procedure, as outlined in subdivision 1 of section 384-a, must conform with subdivision (1) of section 358-a, which requires that the local agency must initiate a judicial proceeding for approval of the VPA within “thirty days following removal of the child from the home”. In all of the 23 cases represented by the Gravina/Robinson appeal, the
Dissenting Opinion
dissents in a memorandum as follows: This case involves a question of widespread public importance, affecting not only the two particular cases mentioned in the caption, but apparently 21 other identifiable cases, and presumably many others. The majority’s determination may well be correct. But it is made on essentially an ex parte basis, with both the involved foster parents and the Commissioner of Social Services urging reversal. All parties are described as “Petitioner-Appellant.” There is no respondent and no brief for affirmance. On so important a matter, we should have both sides of the argument presented. I think we should appoint an attorney as amicus curiae to present a brief for affirmance if he responsibly can do so.