46 N.Y.2d 382 (1978)

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Foster parents, unlike natural parents, have a significantly higher burden to overcome when seeking to adopt a foster child against the wishes of the Department of Social Services; they must demonstrate that removing the child would be detrimental to the child’s well-being.

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Summary

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The Nineslings, certified foster parents, sought to prevent the Nassau County Department of Social Services from removing an infant, Chuck F., from their care for adoption by another family. Chuck F. was placed with the Nineslings shortly after birth, with the understanding that it was a temporary arrangement. The Nineslings later expressed interest in adopting him, but the Department refused, intending to place him with pre-selected adoptive parents. The Court of Appeals affirmed the lower court’s decision to allow the removal, emphasizing the temporary nature of foster care and the need to protect the foster care system.

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Facts

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Chuck F. was born out of wedlock and placed with the Nassau County Department of Social Services by his natural mother for temporary placement while she considered surrendering him for adoption. Four days after his birth, the Department placed Chuck F. with the Nineslings, who had previously served as foster parents, for the express purpose of providing a pre-adoptive foster home. After the natural mother surrendered the child, the Department notified the Nineslings that Chuck F. would be removed for permanent placement with other prospective adoptive parents. The Nineslings then expressed their desire to adopt Chuck F. for the first time. The Department denied their request and served a notice of removal.

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Procedural History

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The Nineslings initiated a habeas corpus proceeding to prevent the removal of Chuck F. Special Term granted them custody pending a