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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46413 Justice Kornreich PETITIONER CHALLENGED respondent’s denial of benefits after serving as a foster parent for 14 years. Exercising jurisdiction concurrent to the family court’s, the court retroactively awarded custody to the social services commissioner and ordered payment of foster care benefits from 1988 through 1998. At a fair hearing, respondent commissioner’s designee ruled that because successive family court orders remanded custody to the commissioner from October 1984 through Dec. 19, 1988, respondent agency was not relieved of its responsibility to provide foster care maintenance payments for that period. The court noted that the designee refrained from extending the directive from 1988 until the Oct. 29, 1998 date of guardianship due to lack of jurisdiction under Family Court Act �1013. The court interpreted the designee’s decision as inviting an order directing the child’s retroactive placement with the social services commissioner, for which retroactive foster care benefits to petitioner would be proper.

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