Matter of Michael B.

Michael B. was voluntarily placed in foster care by his mother after his birth. Michael was placed with a foster parent, Maggie L. (plaintiff) because he needed extraordinary care due to his mother’s drug use while pregnant. The placement agency (plaintiff) sought legal action to terminate parental rights so that Michael could be permanently adopted. Michal’s father (defendant) refused to terminate his parental rights voluntarily. Although the court found Michael to be neglected, the court agreed to suspend the finding for 12 months if Michael’s father remained drug-free and enrolled in parenting classes. After the 12-month period, the family court held a custody hearing and concluded that Michael’s father had complied with the agreement. Michael was released to his father. Maggie attempted to relitigate custody, but the family court declined to hear the case, citing jurisdictional concerns. The appellate division reviewed the family court’s jurisdictional concerns and concluded that the family court had continuing jurisdiction over custody disputes until a best-interest-of-the-child decision had been made. The family court then heard testimony and found that Michael’s father was a fit parent. The matter was appealed, and the appellate division reversed on the ground that it was in Michael’s best interest to award Maggie custody because she was better able to meet Michael’s needs. Michael’s father appealed. During the appeal process, Michael’s father was charged with neglect of Michael’s siblings.