Two siblings were taken from Respondent mother’s home and placed in foster care, according to the July 27, 2012 edition of The New York Law Journal, however Social Services was denied a petition to terminate parental rights for permanent neglect. While the daughter went back to her mother, the son resisted, wanting to stay with the foster parents.

Family court must look at Family Court Act §1089, in order for a child not to be returned to his parent. The act provides that there must be another planned permanent living arrangement (APPLA) for the child, with an adult with whom the child had developed a significant connection to. The child’s lawyer wished for the foster parents to fulfill this role, however the father objected. Not wanting to place foster parents on equal footings with biological parents, the court ruled it could not grant the foster parents guardianship. The court thought it would go against the purpose of foster care to equate the two relationships.

The biological parents and the foster parents were both listed as “significant connections”, while Social Services looked for a new APPLA for the child.

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