Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

New York law is instructive. 'Best interest(s) of the child' is a term that pervades the law relating to children--appearing innumerable times in the pertinent statutes, judicial decisions and literature--yet eludes ready definition. This is not a pure 'best interests' hearing, where biological parent and foster parents stand on equal footing and the child's interest is the sole consideration. (see, Matter of Spence-Chapin Adoption Serv. v Polk, 29 NY2d, at 204, supra; People ex rel. Kropp v Shepsky, 305 NY 465, 469). In cases controlled by Social Services Law § 392 (6), analysis of the child's 'best interest' must begin not by measuring biological parent against foster parent but by weighing past and continued foster care against discharge to the biological parent, or other relative or suitable person within Social Services Law § 392 (6) (b) (see, Matter of Sheila G., 61 NY2d, at 389-390, supra; see also, Mem Accompanying Comments on Bills, NY State Dept of Social Servs, A Int 12801-B, July 14, 1976, Governor's Bill Jacket, L 1976, ch 667).

Under Social Services Law § 392, where a child has not been freed for adoption, the court must determine whether it is nonetheless appropriate ...

Register or login to access full content