In re Emma M.
| Decision Date | 08 June 2010 |
| Citation | 74 A.D.3d 968,902 N.Y.S.2d 651 |
| Parties | In the Matter of EMMA M. (Anonymous), appellant. |
| Court | New York Supreme Court — Appellate Division |
McDermott Will & Emery LLP, New York, N.Y. (Andrew B. Kratenstein of counsel), for appellant.
REINALDO E. RIVERA, J.P., STEVEN W. FISHER, ANITA R. FLORIO, and LEONARD B. AUSTIN, JJ.
In an adoption proceeding pursuant to Domestic Relations Law article 7, the petitioner appeals from an order of the Family Court, Kings County (Lynch, J.H.O.), dated May 6, 2009, which, upon renewal and reargument, adhered to an original determination in an order dated February 25, 2009, denying her motion for the issuance of an order declaring that she is dependent on the Family Court and making specific findings that she is unmarried and under 21 years of age, that reunification with one or both of her biological parents is not viable due to parental abuse, neglect, or abandonment, and that it would not be in her best interest to be returned to her previous country of nationality or last habitual residence, so as to enable her to petition the United States Citizenship and Immigration Services for special immigrant juvenile status pursuant to 8 USC § 1101(a)(27)(J).
ORDERED that the order dated May 6, 2009, is reversed, on the law and the facts, without costs or disbursements, upon renewal and reargument, the determination in the order dated February 25, 2009, denying her motion for the issuance of an order declaring that she is dependent on the Family Court and making specific findings that she is unmarried and under 21 years of age, that reunification with one or both of her biological parents is not viable due to parental abuse, neglect, or abandonment, and that it would not be in her best interest to be returned to her previous country of nationality or last habitual residenceis vacated, the motion for that relief is granted, it is declared that the petitioner is dependent on the Family Court, and it is found that the petitioner is unmarried and under 21 years of age, that reunification with one or both of her biological parents is not viable due to parental neglect and abandonment and that it would not be in the petitioner's best interest to be returned to Grenada, her previous country of nationality and last habitual residence.
Insofar as relevant here, a person may apply to the United States Citizenship and Immigration Services for "special immigrant juvenile status" when (1) he or she is under the age of 21 years and is unmarried, (2) a juvenile...
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