The court records establish that on May 6, 2003, the court adjudicated the Child V.(d.o.b. October 19, 2002, the “Child”) a neglected child under Article 10 of the Family Court Act and issued a final order of placement for one year, placing the Child in the custody of the Department of Social Services (“DSS”). On November 6, 2003, C. L. filed a paternity petition. The court granted the petition on April 7, 2004 and issued a written order of filiation on April 18, 2004. On October 15, 2005 C.L. filed a petition for visitation with the Child (the “Visitation Petition”). DSS filed a petition to terminate C.L.’s parental rights on November 21, 2005 (the “TPR Petition”). Ms. G, who had voluntarily placed the Child in the custody of DSS shortly after her birth, died in December of 2005. The foster parents, who wish to adopt the Child, moved to intervene in the adjudication of the Visitation Petition. The motion to intervene was denied by order of this court dated August 12, 2005.
The Department of Social Services moved this court for a hearing to determine whether C.L. is a person whose consent to the adoption of the Child is required under Domestic Relations Law §111 or whether C.L. is limited to receiving notice of the adoption proceedings pursuant to Social Services Law §384-c.
The application for a hearing to determine whether C.L. is a “consent father” or a “notice father” was unopposed. A hearing to determine that issue was held on May 4, 2006 and June 7, 2006. C.L. was represented by the Legal Aid Society of Nassau County. TFK, Esq. appeared for the Child. All Counsel submitted post trial memoranda. Counsel for the Child urges the court to find that C.L.’s consent to the adoption is not required by law.