Judge rejects Clinton County Dept of Social Services petition to place child in foster care

Judge rejects Clinton County Dept of Social Services petition to place child in foster care
March 9, 7:24 AMAlbany CPS and Family Court ExaminerDaniel Weaver

Clinton County Family Court Judge, Timothy J. Lawliss, has rejected a petition filed by Clinton County Department of Social Services to place Dustin O. in foster care. Dustin O.'s parents had signed a voluntary agreement to place their child with the department, but opposed the placement in foster care.
While Judge Lawliss rejected some of the arguments made by Dustin's parents, he ultimately rejected the Department of Social Services' petition because the argument did not present any proof that it had tried to locate any relatives who would be willing and properly equipped to care for the child.
The judge's decision was based on New York State Social Services Law 358-a(2) which states:
"In the case of a child whose care and custody have been transferred to a social services official by means of an instrument executed pursuant to section three hundred eighty-four-a of this chapter, the petition shall also allege and there shall be shown by affidavit or other proof satisfactory to the court that all the requirements of such section have been satisfied, including the results of the investigation to locate relatives of the child, including any non-respondent parent and all of the child's grandparents. Such results shall include whether any relative who has been located expressed an interest in becoming a foster parent for the child or in seeking custody or care of the child."
The Clinton County Department of Social Services has thirty days to appeal the decision.

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