In re Damon A.
In re Damon A.
Opinion of the Court
OPINION OF THE COURT
This appeal arises out of a petition for approval of a voluntary transfer of custody of Damon A. from his maternal grandmother to petitioner Commissioner of Social Services of the City of New York. The proceeding was instituted in Family Court pursuant to section 358-a of the Social Services Law. The petition was approved. In doing so, however, Family Court included in the order a directive that the Department of Social Services submit a written report so that the court could evaluate Damon’s adjustment to foster care and whether he should be placed for adoption.. In addition, the agency was prohibited from releasing Damon from its custody before the reports were made. The agency was to submit its report within two months of the order approving the transfer of custody.
It was error for Family Court to order the agency to return to the court with a progress report. The purpose of a section 358-a proceeding is to approve or disapprove a petition to transfer custody. Once the petition is granted or denied, the court’s jurisdiction over the matter generally ends (Matter of D. Children, 60 NY2d 838, affg on opn below 90 AD2d 348). When the transfer is approved, re
The order of the Appellate Division should be affirmed, without costs.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur in Per Curiam opinion.
Order affirmed, without costs.
Reference
- Full Case Name
- In the Matter of Damon A. Commissioner of Social Services of the City of New York, Marcia R. Lowry, Guardian ad Litem
- Cited By
- 7 cases
- Status
- Published