Summary
The Appellate Division, Second Department, reversed two Family Court orders that dismissed a petition to appoint the subject child's mother as guardian and denied the child's motion for special immigrant juvenile status findings. The court reinstated and granted the guardianship petition, finding that the child's age could be established without a particular type of documentary evidence and that appointment of the mother was in the child's best interests. The court also found that the child was unmarried and under 21, dependent on a juvenile court, unable to reunify with his deceased father, and that returning him to Honduras would not be in his best interests.
Holdings
- The Family Court erred by dismissing the guardianship petition based on discrepancies between birth certificates because Family Court Act § 661(a) does not require submission of a particular type of evidence, including a birth certificate, to establish the juvenile's age.
- The child's best interests would be served by appointing the mother as guardian, and the guardianship petition should therefore be granted.
- The child was dependent on a juvenile court, unmarried, and under 21; reunification with his father was not viable because the father was deceased; and returning the child to Honduras would not be in his best interests. The child was therefore entitled to the requested SIJS-related declaration and findings.
Questions Presented
- Whether the Family Court could dismiss a Family Court Act § 661(a) guardianship petition solely because of discrepancies between submitted birth certificates when sworn affirmations established that the child was under 21.
- Whether appointment of the mother as guardian was in the child's best interests.
- Whether the record supported the requisite SIJS findings that the child was under 21 and unmarried, dependent on a juvenile court, unable to reunify with his father because of a qualifying basis under state law, and would not be served by return to Honduras.
Disposition
reversed
Cases Cited (12)
- Matter of Joel A.A.R. [Sara I.R.T.—Eddy A.A.G.], 216 AD3d 1167, 1169(followed)
- Matter of Jose S.S.G. [Elmer W.G.G.—Norma C.G.C.], 217 AD3d 864, 865-867(followed)
- Matter of Euceda v Romero, 233 AD3d 680, 682(followed)
- Matter of Marisol N.H., 115 AD3d 185, 191(followed)
- Matter of Mardin A.M.-I. [Reyna E.M.-I.—Mardin H.], 187 AD3d 913, 913-914(followed)
- Matter of Saul E.M.L. v Edmundo M.M., 244 AD3d 1126, 1127(followed)
- Matter of Trudy-Ann W. v Joan W., 73 AD3d 793, 795(followed)
- Matter of Denia M.E.C. v Carlos R.M.O., 161 AD3d 853, 855(followed)
- Matter of Carlos A.M. v Maria T.M., 141 AD3d 526, 528(followed)
- Matter of Grechel L.J., 167 AD3d 1011, 1013-1014(followed)
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Court Document
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