The People of the State of New York Ex Rel. Joseph Ninesling, Appellants v. Nassau County Department of…

Summary

The Court affirmed the Appellate Division’s order allowing the Department of Social Services to remove the foster child for adoption. It held that foster parents who have cared for a child for less than two years must demonstrate a detrimental impact from removal and that the statutory preference for foster‑parent adoption applies only after a two‑year custodial period. The decision emphasized the temporary nature of foster care and the need to preserve the foster‑care program. Two dissenting opinions argued that the child’s long‑term attachment and the statutory preference should have led to reversal.