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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
November 29, 2012

Court Lacks Jurisdiction to Weigh Child's Best Interests

The Appellate Division, First Department, has concluded that when a child has no living parent who can consent to her adoption, the foster care agency in charge of the child must grant its consent before a court can entertain a potential parent's adoption petition. In re Yary, 2012 NY Slip Op 6858 (1st Dept. 10/12/12) (Saxe, J.P., Catterson, Acosta, DeGrasse and Richter, JJ).

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