In Re Jewish Child Care Association

156 N.E.2d 170 (1959)

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Nature of the Case

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Facts

The custody of Laura Neuberger, an infant of 5.5 years old, was at issue. The child had spent the last four years of her life with Mr. and Mrs. Sanders. They were not related to Laura nor did they have legal custody, but they have her under temporary foster care under an arrangement with the Jewish Child Care Association. People who affiliate with and sponsor children under the Association understand that the children are not with them to be placed for adoption but are with them to facilitate their return to their natural parents. However, sometime during the first year, the Sanders had a desire to adopt Laura. They embarked on an active campaign of persuasion to have the mother give up the child for adoption. Association then determined that the Sanders would have to give up Laura as they had developed too close a tie with the child. Sanders refused to give up the child. A court proceeding was initiated and it was determined that it would be in Laura's best interests to be taken from the Sanders. This was affirmed. The Sanders appealed.