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FAMILY COURT SHOULD HAVE ISSUED AN ORDER MAKING FINDINGS TO ALLOW THE CHILDREN TO PETITION FOR SPECIAL IMMIGRANT JUVENILE STATUS, IT WAS NOT IN THE CHILDREN’S BEST INTERESTS TO RETURN TO HONDURAS (SECOND DEPT). ​

The Second Department, reversing Family Court, determined the court should have issued an order making findings to allow the child to petition for Special Immigrant Juvenile Status (SIJS):

… [B]ased upon our independent factual review, the record supports a finding that reunification of the children with their mother is not viable due to parental abandonment … . The children testified that the mother left when they were both only three years old, and that they have not seen or spoken to the mother since that time. Thus, the record establishes that the mother has had no involvement with the children for the majority of their lives … .

Further, the record supports a finding that it would not be in the best interests of the children to return to Honduras, their previous country of nationality or country of last habitual residence … . Francis testified that when the children lived with their paternal aunt in Honduras, they were “mistreat[ed] . . . emotionally and physically.” The children testified that when they then went to live with their father and stepmother in Honduras, the stepmother beat them and “wouldn’t give us food” when the father was not around, and that the stepmother was “verbally abusive,” telling the children, among other things, that they were “good for nothing.” The record reflects that the children had no one else to take care of them if they returned to Honduras. Consequently, the record demonstrates that it would not be in the best interests of the children to return to Honduras … . Matter of Norma U. v Herman T. R.F., 2019 NY Slip Op 01421, Second Dept 2-27-19

 

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