In re Michael B

In In re Michael B., 80 NY2d 299 (1992) the parental rights had not yet been terminated. But while the Court of Appeals noted that the Social Services Law does permit a direct placement with a parent, relative, or other suitable people, they found that the statute did not contemplate this as applying to a foster parent. Id. Reading this in conjunction with Mary Liza J., it seems clear that at either stage of the proceedings, but certainly after a child has been freed for adoption, a guardianship petition by a former foster parent cannot lie. To permit mere guardianship or custody of a freed child, other than in a kinship guardianship situation -- which is specifically authorized by statute -- would leave him without "the establishment of a permanent parental relationship through adoption." Id.