NY's Highest Court Limits Reach of Interstate Pact to Foster Care, Adoption Cases
The decision paves the way for children to be allowed to leave New York to live with a noncustodial parent outside of New York's boundaries.
October 25, 2022 at 06:04 PM
5 minute read
Family courts can place a child who's been removed from her custodial parent's home in New York with a noncustodial, out-of-state parent, if the latter's home is suitable, the state Court of Appeals said Tuesday in a unanimous ruling that limits an interstate agreement for foster care and preliminary adoption that had overreached into familial blood lines.
According to the opinion written by Acting Chief Judge Anthony Cannataro, the Interstate Compact on the Placement of Children states clearly that it should only be applied to foster care and preliminary adoptive homes, and not the child's out-of-state parent.
The decision paves the way for children to be allowed to leave New York to live with a noncustodial parent.
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