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case would not have been different regardless of if the foster parents did or did not want to adopt Annette. As stated DSS did want to make sure that the child had the ability to be adopted, motives in fact are not completely clear. However, it seems to be through a hope that when the situation of adoption would come up there would be no altercations for a child that had a mother that relinquished her rights and a father that she hardly even knew and had not communicated with in a number of years. The fact that her foster parents did want to adopt her could have played a significant part. However, there is no evidence stated to support that assumption Regardless the option of adoption needed to be available for the child so that should could have that opportunity if one should present itself.
Yes, the child current situation should be considered. However, the law is direct in the criteria that makes for a case based on that of abandonment. In the Case of Annette B., some of the information was inconclusive. The father Joseph...
One thing that continued to hurt Joseph's case is that the entire time that he was in prison he did not attempt to locate his daughter there was a six-month window that had been superseded by the years that he had not attempted to reach out to his daughter. However, there should have been consideration for the fact that when the child was removed from the home due to neglect Joseph had not been contacted and therefore did not have that window to try to reach out to Annette. On the other hand as stated, in the court proceedings since Joseph had not attempted to contact his daughter at all that notification would not have made a difference. In addition, Joseph had no way to care for the child since he was in fact incarcerated.
References
Matter of Annette B., 4 N.Y.3d 509; 829 N.E.2d 661; 796 N.Y.S.2d 569
United States Supreme Court case Dred Scott v. Sanford (60 U.S. 393 (1857)
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