Judge Sidney Gribetz
Alana, 15, has been involved in the child welfare system since 1998, but found some stability in the foster home of Norma in 2007. The permanency goal has been adoption by Norma and permanency hearings have been conducted. Yet, the court noted that due to missing paperwork and two outstanding orders of guardianship for different relatives, the adoption could not proceed. Alana’s older sister Marissa was previously granted an order of guardianship, but subsequently neglect proceedings and findings were issued against her. Another guardianship order for relatives in Arkansas were granted, and never revoked, despite orders of protection being issued on Alana’s behalf against the relative for harming her. St. Dominic’s Home sought intervenor status and argued that notice of the adoption and consent to same by Marissa or the other relatives were unnecessary under Domestic Relations Law §111. The court disagreed, finding §111(f) provided notice and requires consent from anyone having “lawful custody” of the child, ruling it referred to guardians with lawful guardianship orders. Hence, as it was not obtained, the court denied the petition until such issues were resolved.
