DECISION OF THE COURT
*1 On February 13, 2018 the attorney for the Respondent, T.R. (hereinafter referred to as the ‘mother’), filed a “Notice of Motion for Access to Family Court Records” based upon Family Court Act §166 as well as a request for a judicial subpoena duces tecum. An attorney affirmation in support of such requests, seeking “any and all petitions, evidence, orders, photographs, statements made, transcripts including audio CD of the Court appearances” regarding the foster parents with whom the children reside was also submitted.The attorney for the mother states within her affirmation that disclosure and access to Family Court records involving the foster parents is crucial to allow counsel the opportunity to conduct a proper cross-examination of the foster parents during the upcoming dispositional hearing and for the Court to make the required determinations as to the children’s best interest.On February 21, 2018 the attorney for the foster parents filed an affirmation opposing the motion, arguing that Family Court records are private in nature and neither the mother nor her counsel are entitled to access records pursuant to Family Court Act §166 and that the request for a judicial subpoena duces tecum should also be denied.The Court entertained oral argument, with all counsel present on February 22nd,wherein the attorney for the Onondaga County Department of Children and Family Services (hereinafter referred to as the ‘County’) also opposed the relief requested and argued that records pertaining to the foster parents are not subject to disclosure as the foster parents are not a party to the underlying proceeding. The County further argued that during the dispositional phase of a termination of parental rights proceeding the scope of inquiry is limited. The County states that based upon relevant case law, the Court is to determine whether or not a termination of parental rights is in the children’s best interests and not whether the children are in the best possible foster home.The attorney for the mother argued that disclosure of the foster parent’s Family Court records and child protective records are material and relevant to the proceedings before the Court and that the foster parents have previously participated in Onondaga County Family Court proceedings. Counsel further argued that access to the foster parents’s court records would be appropriate as they were present for and are represented by an attorney for the upcoming dispositional hearing.At oral argument, the attorney representing the children’s paternal uncle and his co-petitioner, who have jointly filed a petition seeking custody of the children, supported the motion as did the attorney for the father.The Attorney for the Children opposed the mother’s request and asserted that as the children have been placed in their care in excess of twelve months the foster parents are permitted to
