CASE STUDY

Case Study



Case Study

1. Suppose that Annette's foster parents were not seeking to adopt her. Do you think the result of this case would have been different?

Annette B. was born in August 1991. Her parents, Marissa R. and Joseph B., were not married. Annette dwelled with her mother in Central Islip until 1996. Joseph testified that throughout that time he travelled to Annette every weekend. In 1996, Annette and Marissa shifted from Central Islip and Joseph was apprehended on a pharmaceutical offense. Joseph was in jail until the test of this case in 2001. During his years in jail, Joseph accepted to having no communicated with Annette.

  Joseph testified that he did not understand where Marissa had taken Annette in 1996 but had made three endeavours to find her, all of which were unsuccessful. (www.statecourtwatch.org) However, Joseph's testimony supplied little minutia about the endeavours and was uncorroborated by any article or person. There were thus no clues other than Joseph's own testimony that Joseph had tried to communicate Annette from 1996 on.

  In 1998, Orange County Department of Social Services (DSS) took Annette from her mother's dwelling as a outcome of progeny neglect. In 2001, Marissa submitted her parental privileges to Annette. New York State's Family Court Act and Social Services Law need that both parents be notified of proceedings engaging progeny neglect and parental surrender. The record did not display that any observe was granted to Joseph of either proceeding. (www.statecourtwatch.org)

2. Should the current situation of the child be considered when the legal standard for termination of parental rights is clear and convincing evidence of abandonment by the natural parent?

Under New York regulation, an alignment terminating parental privileges may be conceded where the parent left behind the progeny for the time span of six months former to the ...