Carter v. Bane
Petitioner Shirley Carter, the paternal grandmother of Javette Alexander, challenged a New York State Department of Social Services (NYS-DSS) decision disallowing foster care payments for Javette from May 2, 1986, onwards. While payments were approved for an earlier period, NYS-DSS argued Carter's foster parent status lapsed upon the expiration of a Family Court placement order. The court found that the New York City Department of Social Services (NYC-DSS) failed in its statutory duty to extend or review Javette's placement, effectively abandoning the child and unjustly changing Carter's status from a paid caregiver to a volunteer. The court granted Carter's application, ordering retroactive foster care payments from May 2, 1986, and remanded the case for a review of Javette's legal status.