A New York court is now debating the issue of whether a parent may make decisions regarding their child when that child is in foster care, as reported in a June 25th, 2012 New York Law Journal article.

The child was removed from his mother’s care and placed into foster care after a protective order was placed against the mother. After the event, the mother consented to participate in an instructional film that was produced by her attorneys. Additionally, the mother consented for her son to be involved in the film. Upon learning of the film the Legal Aid Society and New York City’s Administration for Children’s Services intervened on behalf of the child stating it was not in his best interest.

At this time the court ruled that although the child is in foster care the mother is still entitled to some of the decision making regarding the child. However, they ordered for more research to be conducted to decide whether the child’s involvement would have an adverse effect and not be in the child’s best interest.

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